THE WORKS
OF
HUBERT HOWE BANCROFT
THE WORKS
OF
HUBEKT HOWE BANCROFT
VOLUME XXX
HISTORY OF OREGON
VOL. II. 1848-1888
SAN FRANCISCO
THE HISTORY COMPANY, PUBLISHERS
1888
Entered according to Act of Congress in the Year 1888, by
HUBERT H. BANCROFT,
In the Office of the Librarian of Congress at Washington.
All Rights Reserved.
CONTENTS OF THIS VOLUME.
CHAPTER I.
CONDITION OF AFFAIRS.
1848.
PAGE
Population — Products — Places of Settlement — The First Families of Ore
gon — Stock-raising and Agriculture — Founding of Towns — Land
Titles — Ocean Traffic — Ship-building and Commerce — Domestic
Matters: Food, Clothing, and Shelter — Society: Religion, Educa
tion, and Morals— Benevolent Societies — Aids and Checks to Prog
ress — Notable Institutions— Character of the People 1
" v v*'
CHAPTER II. *
EFFECT OF THE CALIFOENIA GOLD DISCOVERT.
1848-1849.
The Magic Power of Gold — A New Oregon — Arrival of Newell — Sharp
Traffic — The Discovery Announced — The Stampede Southward —
Overland Companies — Lassen's Immigrants — Hancock's Manuscript
— Character of the Oregonians in California — Their General Suc
cess — Revolutions in Trade and Society — Arrival of Vessels — In
crease in the Prices of Products — Change of Currency — The Ques
tion of a Mint — Private Coinage — Influx of Foreign Silver — Effect
on Society — Legislation — Immigration * 42
CHAPTER III.
LANE'S ADMINISTRATION.
1849-1850.
Indian Affairs— Troubles in Cowlitz Valley— Fort Nisqually Attacked—
Arrival of the United States Ship Massachusetts — A Military Post
Established near Nisqually — Thornton as Sub-Indian Agent — Meet
ing of the Legislative Assembly — Measures Adopted — Judicial Dis
tricts — A Travelling Court of Justice — The Mounted Rifle Regiment
— Establishment of Military Posts at Fort Hall, Vancouver, Steil-
acoom, and The Dalles — The Vancouver Claim — General Persifer F
Smith — His Drunken Soldiers — The Dalles Claim — Trial and Execu
tion of the Whitman Murderers 66
(IX) '
x CONTENTS.
CHAPTER IV.
A DELEGATE TO CONGRESS.
1849-1850.
PAQB
The Absence of Judges — Island Mills — Arrival of William Strong— Oppo
sition to the Hudson's Bay Company — Arrest of British Ship Cap
tains—George Gibbs — The Albion Affair— Samuel R. Thurston
Chosen Delegate to Congress— His Life and Character— Proceeds
to Washington — Misrepresentations and Unprincipled Measures —
Rank Injustice toward McLoughlin — Efficient Work for Oregon —
The Donation Land Bill — The Cayuse War Claim and Other Appro
priations Secured — The People Lose Confidence in their Delegate —
Death of Thurston 101
CHAPTER V.
ADMINISTRATION OF GAJNES.
1850-1852.
An Official Vacancy — Gaines Appointed Governor — His Reception in Ore
gon — The Legislative Assembly in Session — Its Personnel — The Ter
ritorial Library — Location of the Capital— Oregon City or Salem —
Warm and Prolonged Contest — Two Legislatures — War between the
Law-makers»and the Federal Judges — Appeal to Congress — Salem
Declared the Capital— A New Session Called— Feuds of the Public
Press — Unpopularity of Gaines— Close of his Term — Lane Appointed
his Successor 139
CHAPTER VI.
DISCOVERY OF GOLD IN OREGON.
1850-1852.
Politics and Prospecting — Immigration — An Era of Discovery — Explora
tions on the Southern Oregon Seaboai-d — The California Company —
f The Schooner Samuel Roberts at the Mouths of Rogue River and the
Umpqua — Meeting with the Oregon Party — Laying-out of Lands and
Town Sites — Failure of the Umpqua Company — The Finding of
Gold in Various Localities— The Mail Service— Efforts of Thurston
in Congress — Settlement of Port Orford and Discovery of Coos Bay
—The Colony at Port Orford— Indian Attack— The T'Vault Expedi
tion — Massacre — Government Assistance 174
CHAPTER VEI.
INDIAN AFFAIRS.
1851.
Politics — Election of a Delegate — Extinguishment of Indian Titles — Ind
ian Superintendents and Agents Appointed — Kindness of the Great
Father at Washington — Appropriations of Congress — Frauds Arising
CONTENTS. xi
PACK
from the System— Easy Expenditure of Government Money — Un
popularity of Human Sympathy— Efficiency of Superintendent Dart
— Thirteen Treaties Effected— Lane among the Rogue River Indians
and in the Mines — Divers Outrages and Retaliations— Military
Affairs— Rogue River War— The Stronghold— Battle of Table Rock
—Death of Stuart— Kearney 's Prisoners 205
CHAPTER VIII.
PLAUSIBLE PACIFICATION.
1851-1852.
Officers and Indian Agents at Port Orford — Attitude of the Coquilles —
U. S. Troops Ordered out — Soldiers as Indian- fighters — The Savages
too Much for Them — Something of Scarface and the Shastas — Steele
Secures a Conference — Action of Superintendent Skinner — Much
Ado about Nothing— Some Fighting — An Insecure Peace — More
Troops Ordered to Vancouver 233
CHAPTER IX.
SURVEYS AND TOWN-MAKING.
1851-1853.
Proposed Territorial Division — Coast Survey — Light-houses Established
— James S. Lawson — His Biography, Public Services, and Contribu
tion to History — Progress North of the Columbia — South of the
Columbia — Birth of Towns — Creation of Counties — Proposed New
Territory — River Navigation — Improvements at the Clackamas Rap
ids—On the Tualatin River — La Creole River — Bridge-building —
Work at the Falls of the Willamette— Fruit Culture— The First
Apples Sent to California — Agricultural Progress — Imports and Ex
ports—Society f 247
CHAPTER X.
IAND LAWS AND LAND TITLES*
1851-1855.
The Donation Law — Its Provisions and Workings — Attitude of Congress
— Powers of the Provisional Government — Qualification of Voters —
Surveys — Rights of Women and Children — Amendments — Preemp
tion Privileges — Duties of the Surveyor-general — Claimants to
Lands of the Hudson's Bay and Puget Sound Companies — Mission
Claims — Methodists, Presbyterians, and Catholics — Prominent Land
Cases — Litigation in Regard to the Site of Portland — The Rights of
Settlers— The Caruthers Claim— The Dalles Town-site Claim— Pre
tensions of the Methodists — Claims of the Catholics — Advantages
and Disadvantages of the Donation System 260
xii CONTENTS.
CHAPTER
POLITICS AND PROGRESS.
1853.
PAGB
Legislative Proceedings — Judicial Districts — Public Buildings — Tenor of
Legislation — Instructions to the Congressional Delegate — Harbors
and Shipping — Lane's Congressional Labors — Charges against Gover
nor Gaines — Ocean Mail Service — Protection of Overland Immigrants
— Military Roads — Division of the Territory — Federal Appoint
ments — New Judges and their Districts — Whigs and Democrats —
Lane as Governor and Delegate — Alonzo A. Skinner — An Able and
Humane Man— Sketch of his Life and Public Services 296
CHAPTEE XII.
ROGUE RIVER WAR.
1853-1854.
Impositions and Retaliations — Outrages by White Men and Indians —
The Military Called upon — War Declared— Suspension of Business —
Roads Blockaded — Firing from Ambush — Alden at Table Rock-
Lane in Command — Battle — The Savages Sue for Peace — Armistice
— Preliminary Agreement — Hostages Given — Another Treaty with
the Rogue River People — Stipulations — Other Treaties — Cost of the
War 311
CHAPTEE XIII.
LEGISLATION, MINING, AND SETTLEMENT*.
1853-1854.
John W. Davis as Governor — Legislative Proceedings— Appropriations
by Congress — Oregon Acts and Resolutions — Affairs on the Ump-
qua— Light-house Building — Beach Mining — Indian Disturbances —
Palmer's Superintendence— Settlement of Coos Bay — Explorations
and Mountain-climbing — Politics of the Period — The Question of
State Organization— The People not Ready — Hard Times — Deca
dence of the Gold Epoch — Rise of Farming Interest — Some First
Things — Agricultural Societies — Woollen Mills — Telegraphs — River
and Ocean Shipping Interest and Disasters — Ward Massacre — Mil
itary Situation 322
CHAPTEE XIV.
GOVERNMENT AND GENERAL DEVELOPMENT.
1854-1855.
Resignation of Governor Davis — His Successor, George Law Curry —
Legislative Proceedings — Waste of Congressional Appropriations —
State House — Penitentiary — Relocation of the Capital and Univer
sity — Legislative and Congressional Acts Relative thereto— More
CONTENTS. xiii
PAGB
Counties Made — Finances — Territorial Convention — Newspapers —
The Slavery Sentiment — Politics of the Period — Whigs, Democrats,
and Know-nothings — A New Party — Indian Affairs — Treaties East
of the Cascade Mountains 343
CHAPTER XV.
FURTHER INDIAN WARS.
1855-1856.
Indian Affairs in Southern Oregon — The Rogue River People— Extermi
nation Advocated — Militia Companies — Surprises and Skirmishes —
Reservation and Friendly Indians Protected by the U. S. Govern
ment against Miners and Settlers — More Fighting — Volunteers and
Regulars — Battle of Grave Creek — Formation of the Northern and
Southern Battalions — Affair at the Meadows — Ranging by the Vol
unteers—The Ben Wright Massacre 369
CHAPTER XVI.
EXTERMINATION OF THE INDIANS.
1856-1857.
Grande Ronde Military Post and Reservation — Driving in and Caging the
Wild Men — More Soldiers Required — Other Battalions — Down upon
the Red Men — The Spring Campaign — Affairs along the River —
Humanity of the United States Officers and Agents — Stubborn Brav
ery of Chief John — Councils and Surrenders— Battle of the Meadows
— Smith's Tactics — Continued Skirmishing — Giving-up and Coming-
in of the Indians.... 397
CHAPTER XVII.
OREGON BECOMES A STATE.
1856-1859.
Legislature of 1855-6 — Measures and Memorials — Legislature of 1856-7
— No Slavery in Free Territory — Republican Convention — Election
Results — Discussions concerning Admission — Delegate to Congress —
Campaign Journalism — Constitutional Convention — The Great Ques
tion of Slavery — No Black Men, Bond or Free — Adoption of a State
Constitution — Legislature of 1857-8 — State and Territorial Bodies
— Passenger Service — Legislatures of 1858-9 — Admission into the
Union 413
CHAPTER XVIII.
POLITICS AND PATRIOTISM.
1859-1861.
Appointment of Officers of the United States Court — Extra Session of the
Legislature — Acts and Reports — State Seal — Delazon Smith— Re^
xir CONTENTS.
publican Convention — Nominations and Elections — Rupture in the
Democratic Party — Shell Elected to Congress — Scheme of a Pacific
Republic— Legislative Session of 1860— Nesmith and Baker Elected
U. S. Senators — Influence of Southern Secession — Thayer Elected
to Congress — Lane's Disloyalty — Governor Whiteaker — Stark, U. S.
Senator— Oregon in the War— New Officials ...................... 442
CHAPTER XIX.
WAR AND DEVELOPMENT.
1858-1862.
War Departments and Commanders — Military Administration of General
Harney — Wallen's Road Expeditions — Troubles with the Shoshones
— Emigration on the Northern and Southern Routes — Expeditions
of Steen and Smith — Campaign against the Shoshones — Snake River
Massacre — Action of the Legislature — Protection of the Southern
Route — Discovery of the John Day and Powder River Mines — Floods
and Cold of 1861-2— Progress of Eastern Oregon ............. , . . . . 460
CHAPTER XX.
MILITARY ORGANIZATION AND OPERATIONS.
1861-1865.
Appropriation Asked for — General Wright— Six Companies Raised— At
titude toward Secessionists — First Oregon Cavalry — Expeditions of
Maury, Drake, and Curry — Fort Boise Established — Reconnoissance
of Drew — Treaty with the Klamaths and Modocs — Action of the
Legislature — First Infantry Oregon Volunteers .......... .......... 488
CHAPTER XXI.
THE SHOSHONE WAR.
1866-1868.
Companies and Camps — Steele's Measures — Halleck Headstrong — Battle
of the Owyhee — Indian Raids — Sufferings of the Settlers and Trans
portation Men — Movements of Troops — Attitude of Governor Woods
— Free Fighting — Enlistment of Indians to Fight Indians — Military
Reorganization — Among the Lava-beds — Crook in Command — Ex
termination or Confinement and Death in Reservations .......... ., 512
CHAPTER XXII.
THE MODOC WAR.
1864-1873.
Land of the Modocs — Keintpoos, or Captain Jack — Agents, Superintend
ents, and Treaties — Keintpoos Declines to Go on a Reservation — i
Raids— Troops in Pursuit— Jack Takes to the Lava-beds — Appoint-*
CONTENTS. xv
PAGB
ment of a Peace Commissioner — Assassination of Canby, Thomae,
and Sherwood — Jack Invested in his Stronghold — He Escapes —
Crushing Defeat of Troops under Thomas — Captain Jack Pursued,
Caught, and Executed , 555
CHAPTER XXIII.
POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
1862-1887.
Republican Loyalty— Legislature of 18G2— Legal-tender and Specific Con
tract — Public Buildings — Surveys and Boundaries— Military Road—
Swamp and Agricultural Lands — Civil Code — The Negro Question
— Later Legislation — Governors Gibbs, Woods, Grover, Chadwick,
Thayer, and Moody — Members of Congress ' * 637
CHAPTER XXIV.
LATER EVENTS.
1887-1888.
Recent Developments in Railways — Progress of Portland — Architecture
and Organizations — East Portland — Iron Works — Value of Property
— Mining — Congressional Appropriations — New Counties — Salmon
Fisheries — Lumber — Political Affairs — Public Lands — Legislature —
Election . . .746
UNIVEKSITY
HISTORY OF OREGON".
CHAPTER I.
I
CONDITION OF AFFAIRS,
1848.
Hastings' Or. and Cnl **_<? +T,
WCh ' ch to° erw°f farms ia P™> at 500
2 CONDITION OF AFFAIRS.
company and the American merchants. One writer
estimated the company's stock in 1845 at 20,OOC
bushels, and that this was not half of the surplus.
As many farmers reap from sixty to sixty-five bushels
of wheat to the acre,2 and the poorest land returns
twenty bushels, no great extent of sowing is required
to furnish the market with an amount equal to that
named. Agricultural machinery to any considerable
extent is not yet known. Threshing is done by driv
ing horses over the sheaves strewn in an enclosure,
first trodden hard by the hoofs of wild cattle. In the
summer of 1848 Wallace and Wilson of Oregon City
construct two threshing-machines with endless chains,
which are henceforward much sought after.3 The usual
price of wheat, fixed by the Hudson's Bay Company,
is sixty-two and a half cents ; but at different times it
has been higher, as in 1845, when it reached a dollar
and a half a bushel/ owing to the influx of population
that year.
The flouring of wheat is no longer difficult, for there
are in 1848 nine grist-mills in the country.5 Nor
is it any longer impossible to obtain sawed lumber
in the lower parts of the valley, or on the Columbia,
for a larger number of mills furnish material for build
ing to those who can afford to purchase and provide
the means of transportation.6 The larger number of
.2Hines' Hist. Oregon, 342-6. Thornton, in his Or. and CaL, i. 379, gives
the whole production of 1846 at 144,803 bushels, the greatest amount raised
in any county being in Tualatin, and the least in Clatsop. Oats, pease, and
potatoes were in proportion. See also Or. Spectator, July 23, 1846; Iloivixon's
Coast and Country, 29-30. The total wheat crop of 1847 was estimated at
180,000 bushels, and the surplus at 50,000.
3 Crawford's Nar., MS., 164; AW Nar., MS., 10.
*EHn's Saddle-Maker, MS., 4.
5 The grist-mills were built by the Hudson's Bay Company near Vancouver;
McLoughlin and the Oregon Milling Company at Oregon City; by Thomas
McKay on French Prairie; by Thomas James O'Neal on the Ricknall in the
Applegate Settlement in Polk County; by the Methodist Mission at Salem; by
Lot Whitcomb at Milwaukee, on the right bank of the Willamette, between
Portland and Oregon City; by Meek and Luelling at the same place; and by
Whitman at Waiilatpu. About this time a flouring-mill was begun on Puget
Sound. Thornton's Or. and CaL, i. 330; S. F. Calif ornian, April 19, 1848.
6 These saw-mills were often in connection with the flouring-mills, as at
Oregon City, Salem, and Vancouver. But there were several others that were
FOUNDING OF TOWNS. 3
houses on the land-claims, however,, are still of hewn
logs, in the style of western frontier dwellings of the
Mississippi states.7
separate, as the mill established for sawing lumber by Mr Hunsaker at the
junction of the Willamette with the Columbia; by Charles McKay on the
Tualatin Plains, and by Hunt near Astoria. There were others to the number
of 15 in different parts of the territory. Thornton's Or. and Cal., i. 330; Craw
ford's Nar., MS., 164.
7 George Gay had a brick dwelling, and Abernethy a brick store; and
brick was also used in the erection of the Catholic church at St Pauls. Craw
ford tells us a good deal about where to look for settlers. Reason Read, he
says, was located on Nathan Crosby's land-claim, a mile below Pettygrove's
dwelling in Portland, on the right bank of the Willamette, just below a high
gravelly bluff, that is, in what is now the north part of East Portland. Two
of the Belknaps were making brick at this place, assisted by Read. A house
was being erected for Crosby by a mechanic named Richardson. Daniel
Lownsdale had a tannery west of Portland town-site. South of it on the
same side of the river were the claims of Finice Caruthers, William Johnson,
Thomas Stevens, and James Terwilliger. On the island in front of Stevens'
place lived Richard McCrary, celebrated for making 'blue ruin' whiskey oat
of molasses. James Stevens lived opposite Caruthers, on the east bank of the
Willamette, where he had a cooper-shop, and William Kilborne a warehouse.
Three miles above Milwaukee, where Whitcomb, William Meek, and Luelling
were settled, was a German named Piper, attempting to make pottery.
Opposite Oregon City lived S. Thurston, R. Moore, H. Burns, and Judge
Lancaster. Philip Foster and other settlers lived on the Clackamas River,
east of Oregon City. Turning back, and going north of Portland, John H.
Couch claimed the land adjoining that place. Below him were settled at
intervals on the same side of the river William Blackstone, Peter Gill, Doane,
and Watts. At Linnton there were two settlers, William Dillon and Dick
Richards. Opposite to Watt's on the east bank was James Loomis, and just
above him James John. At the head of Sauve" Island lived John Miller.
Near James Logic's place, before mentioned as a dairy-farm of the Hudson's
Bay Company, Alexander McQuinn was settled, and on different parts of the
island Jacob Cline, Joseph Charlton, James Bybee, Malcolm Smith a Scotch
man, Gilbau a Canadian, and an American named Walker. On the Scappoose
plains south of the island was settled McPherson, a Scotchman; and during
the summer Nelson Hoyt took a claim on the Scappoose. At Plymouth Rock,
now St Helen, lived H. M. Knighton who the year before had succeeded to
the claim of its first settler, Bartholomew White, who was a cripple, and
unable to make improvements. A town was already projected at this place,
though not surveyed till 1849, when a few lots were laid off by James Brown
of Canemah. The survey was subsequently completed by N. H. Tappau
and P. W. Crawford, and mapped by Joseph Trutch, in the spring of 1851.
A few miles below Knighton were settled the Merrill family and a man named
Tulitson. The only settler in the region of the Dalles was Nathan Olncy,
who in 1847 took a claim 3 miles below the present town, on the south side
of the river. On the north side of. the Columbia, in the neighborhood of
Vancouver, the land formerly occupied by the fur company, after the settle
ment of the boundary was claimed to a considerable extent by individuals,
British subjects as well as Americans. Above the fort, Forbes Barclay and
Mr Lowe, members of the company, held claims as individuals, as also Mr
Covington, teacher at the fort. On the south side, opposite Vancouver, John
Switzler kept a ferry, which had been much in use during the Cayuse war as
well as in the season of immigrant arrivals. On Cathlapootle, or Lewis, river
there was also a settler. On the Kalama River Jonathan Burpee had taken
a claim; he afterward removed to the Cowlitz, where Thibault, a Canadian,
4 CONDITION OF AFFAIRS.
Only a small portion of the land being fenced, almost
the whole Willamette Valley is open to travel, and
covered with the herds of the settlers, some of whom
own between two and three thousand cattle and
horses. Though thus pastured the grass is knee-high
on the plains, and yet more luxuriant on the low
lands; in summer the hilly parts are incarnadine with
strawberries.8 Besides the natural increase of the first
importations, not a year has passed since the venture
of the Willamette Cattle Company in 1837, without
the introduction of cattle and horses from California,
to which are added those driven from the States an
nually after 1842,9 whence come likewise constantly
increasing flocks of sheep. The towns, as is too often
the case, are out of proportion to the rural population.
Oregon City, with six or seven hundred inhabitants, is
still the metropolis, having the advantage of a central
was living in charge of the warehouse of the Hudson's Bay Company, and
where during the spring and summer Peter W. Crawford, E. West, and one
or two others ^settled. Before the autumn of 1849 several families were located
near the mouth of the Cowlitz. H. D. Huntington, Nathaniel Stone, David
Stone, Seth Catlin, James Porter, and Pv. C. Smith were making shingles
here for the California market. Below the Cowlitz, at old Oak Point on the
south side of the river, lived John McLean, a Scotchman. Oak Point Mills
on the north side were not built till the following summer, when they were
erected by a man named Dyer for Abernethy and Clark of Oregon City. At
Cathlamet on the north bank of the river lived James Birnie, who had
settled there in 1846. There was no settlement between Cathlamet and
Hunt's Mill, and none between Hunt's Mill, where a man named Spears was
living, and Astoria, except the claim of Robert Shortess near Tongue Point.
At Astoria the old fur company's post was in charge of Mr McKay; and
there were several Americans living there, namely, John McClure, James
Welch, John M. Shively, Van Dusen and family, and others; in all about
30 persons; but the town was partially surveyed this year by P. W. Craw
ford. There were about a dozen settlers on Clatsop plains, and a town had
been projected on Point Adams by two brothers O'Brien, called New York,
which never came to anything. At Baker Bay lived John Edmunds, though
the claim belonged to Peter Skeen Ogden. On Scarborough Hill, just
above, a claim had been taken by an English captain of that name in the
service of the Hudson's Bay Company. The greater number of these items
have been taken from Crawford's Narrative, MS.; but other authorities have
contributed, namely: Minto's Early Days, MS,; Weed's Queen Charlotte I.
Exped., MS.; Deady's Hist. Or., MS.; Pettygrove'sOr., MS,; Lovcjoy's Port
land, MS.; Moss' Pioneer Times, MS.; Brown's Willamette Valley, MS.;
Or. Statutes; Victor's Oregon and Wash.; Murphy's Or. Directory, 1 ; S. I.
friend, Oct. 15, 1849; Wilkes' Nar.; Palmer's Journal; Home Missionary
Mag., xxii. 63-4.
s ' The most beautiful country I ever saw in my life.' Weed's Queen Char
lotte I. Exped., MS., 2.
*Clymanfs Note Book, MS., 6; W. B. He's Biog., 34.
THE OREGON INSTITUTE. 5
position between the farming country above the falls
and the deep-water navigation twelve miles below;
and more capital and improvements are found here
than at any other point.10 It is the only incorporated
town as yet in Oregon, the legislature of 1844 having
granted it a charter;11 unimproved lots are held at
from $100 to $500. The canal round the falls which
the same legislature authorized is in progress of con
struction, a wing being thrown out across the east
shoot of the river above the falls which form a basin,
and is of great benefit to navigation by affording quiet
water for the landing of boats, which without it were
in danger of being carried over the cataract.12
Linn City and Multnomah City just across the
river from the metropolis, languish from propinquity
to a greatness in which they cannot share. Milwaukee,
a few miles below, is still in embryo. Linnton, the
city founded during the winter of 1843 by Burnett
and McCarver, has had but two adult male inhabit
ants, though it boasts a warehouse for wheat. Hills-
boro and Lafayette aspire to the dignity of county-
seats of Tualatin and Yamhill. Corvallis, Albany, and
Eugene are settled by claimants of the land, but do
not yet rejoice in the distinction of an urban appel-
10 Thornton counts in 1847 a Methodist and a Catholic church, St James, a
day-school, a private boarding-school for young ladies, kept by Mrs Thornton,
a printing-press, and a public library of SCO volumes. Or. and Cal. , i. 329-80.
Crawford says there were 5 stores of general merchandise, the Hudson's Bay
Company's, Abernethy's, Couch's (Cushing& Co. ), Moss', and Robert Caniield's;
and adds that there were 3 ferries across the Willamette at this place, one
a horse ferry, and 2 pulled by hand, and that all were kept busy, Oregon
City being « the great rendezvous for all up and down the river to get flour,'
Narrative, MS., 154; .V. /. Friend, Oct. 15, 1849. Palmer states in addition
that McLoughlin's grist-mill ran 3 sets of buhr-stones, and would com
pare favorably with most mills in the States; but that the Island Mill,
then owned by Abernethy and Beers, was a smaller one, and that each' had a
saw-mill attached which cut a great deal of plank for the new arrivals. Jour
nal, 85-6. There were 2 hotels, the Oregon House, which was built in 1844,
costing $44,000, and which was torn down in June 1871. The other was
called the City Hotel. McLoughlin's residence, built about 1845, was a large
building for those times, and was later the Finnegas Hotel. Moss' Pioneer
Times, MS., 30; Portland Advocate, June 3, 1871; Bacon's Merc. Life Or. City,
MS., 18; Harvey's Life of McLougMin, MS., 34; Nilet? Reg., Ixx. 341.
11 Abernethy was the first mayor, and Lovejoy the second; McLoughlin
was also mayor.
l*Niles' Reg., Ixviii. 84; Or. Spectator, Feb. 19, 1846.
6 CONDITION OF AFFAIRS.
lation. Champoeg had been laid off as a town by
Newell, but is so in name only. Close by is another
river town, of about equal importance, owned by
Abernethy and Beers, which is called Butteville. Just
above the falls Hedges has laid off the town of Canemah.
Besides these there are a number of settlements named
after the chief families, such as Hembree's settlement
in Yamhill County, Applegate's and Ford's in Polk,
and Waldo's and HowelTs in Marion. Hamlets prom
ising to be towns are Salem, Portland, Vancouver,
and Astoria.
I have already mentioned the disposition made of
the missionary claims and property at Salem, and that
on the dissolution of the Methodist Mission the Ore
gon Institute was sold, with the land claimed as be
longing to it, to the board of trustees. But as there
was no law under the provisional government for the
incorporation of such bodies, or any under which they
could hold a mile square of land for the use of the in
stitute, W. H. Wilson, H. B. Brewer, D. Leslie, and
L. H. Judson resorted to the plan of extending their
four land-claims in such a manner as to make their
corners meet in the centre of the institute claim,
under that provision in the land law allowing claims
to be held by a partnership of two or more persons;
and by giving bonds to the trustees of the institute to
perform this act of trust for the benefit of the board,
till it should become incorporated and able to hold
the land in its own right.
In March 1846 Wilson was authorized to act as
agent for the board, and was put in possession of the
premises. In May following he was empowered to
sell lots, and allowed a compensation of seven per
cent on all sales effected. During the summer a por
tion of the claim was sold to J. L. Parrish, David
Leslie, and C. Craft, at twelve dollars an acre; and
Wilson was further authorized to sell the water-power
or mill-site, and as much land with it as might be
THE BEGINNING OF PORTLAND. 7
thought advisable; also to begin the sale by public
auction of the town lots, as surveyed for that pur
pose, the first sale to take place September 10, 1846.
Only half a dozen families were there previous to
this time.13
In July 1847 a bond was signed by Wilson, the
conditions of which were the forfeiture of $100,000, or
the fulfilment of the following terms : That he should
hold in trust the six hundred and forty acres thrown off
from the land-claims above mentioned; that he should
pay to the missionary society of the Methodist Epis
copal church of Oregon and to the Oregon Institute
certain sums amounting to $6,000; that he should use
all diligence to perfect a title to the institute claim,
and when so perfected convey to the first annual con
ference of the Methodist church, which should be
established in Oregon by the general conference of
the United States, in trust, such title as he himself
had obtained to sixty acres known as the ' institute
reserve/ on which the institute building was situated—
7 O
for which services he was to receive one third of the
money derived from the sale of town lots on the un
reserved portion of the six hundred and forty acres
comprised in the Salem town-site and belonging to the
several claimants. Under this arrangement, in 1848,
Wilson and his wife were residing in the institute
building on the reserved sixty acres, Mrs Wilson
having charge of the school, while the agency of the
town property remained with her husband.
The subsequent history of Salem town-site belongs
to a later period, but may be briefly given here.
When the Oregon donation law was passed, which
gave to the wife half of the mile square of land em
braced in the donation, Wilson had the dividing line
on his land run in such a manner as to throw the
reserve with the institute building, covered by his
claim, upon the wife's portion; and Mrs Wilson being
13 Davidson's Southern Route, MS., 5; Broivn's Autobiography, MS., 31;
Rabbison's Growth of Towns, MS., 27-8.
8 CONDITION OF AFFAIRS.
under no legal obligation to make over anything to
the Oregon conference, in trust for the institute, re
fused to listen to the protests of the trustees so neatly
tricked out of their cherished educational enterprise.
In this condition the institute languished till 1854,
when a settlement was effected by the restoration of
the reserved sixty acres to the trustees of the Willa
mette University, and two thirds of the unsold re
mains of the south-west quarter of the Salem town-
site which Wilson was bound to hold for the use of
that institution. Whether the restoration was an act
of honor or of necessity I will not here discuss; the
act of congress under which the territory was organ
ized recognized as binding all bonds and obligations
entered into under the provisional government.14 In
later years some important lawsuits grew out of the
pretensions of Wilson's heirs, to an interest in lots
sold by him while acting agent for the trustees of the
town-site.15
Portland in 1848 had but two frame buildings,
one the residence of F. W. Pettygrove, who had re
moved from Oregon City to this hamlet on the river's
edge, and the other belonging to Thomas Carter.
Several log-houses had been erected, but the place
had no trade except a little from the Tualatin plains
lying to the south, beyond the heavily timbered high
lands in that direction.
The first owner of the Portland land-claim was
William Overton, a Tennesseean, who came to Oregon
about 1843, and presently took possession of the
place, where he made shingles for a time, but being
of a restless disposition went to the Sandwich Islands,
and returning dissatisfied and out of health, resolved
to go to Texas. Meeting with A. L. Lovejoy at Van
couver, and returning with him to Portland in a canoe,
he offered to resign the claim to him, but subsequently
14 Or. Laws, 1843-72, 61; Hines' Or. and Inst., 165-72.
15 Thornton's Salem Titles, in Salem Directory for 1874, 2-7. Wilson died
suddenly of apoplexy, in 1856. Id., 22.
VANCOUVER TOWN. 9
changed his mind, thinking to remain, yet giving
Lovejoy half, on condition that he would aid in im
proving it; for the latter, as he says in his Founding
of Portland, MS., 30-34, observed the masts and
booms of vessels which had been left there, and it
occurred to him that this was the place for a town.
So rarely did shipping come to Oregon in the^e days,
and more rarely still into the Willamette River, that
the possibility or need of a seaport or harbor town
away from the Columbia does not appear to have been
seriously entertained up to this time.
After some clearing, preparatory to building a
house, Overton again determined to leave Oregon,
and sold his half of the land to F. W. Petty grove for
a small sum and went to Texas, where it has been said
he was hanged.16 Lovejoy and Petty grove then erected
the first house in the winter of 1845, the locality
being on what is now Washington street at the corner
of Front street, it being built of logs covered with
shingles. Into this building Pettygrove moved half
of his stock of goods in the spring of 1845, and with
Lovejoy opened a road to the farming lands of Tual
atin County from which the traffic of the imperial
city was expected to come.
The town was partially surveyed by H. N. V.
Short, the initial point being Washington street and
the survey extending down the river a short distance.
The naming of it was decided by the tossing of a cop
per coin, Pettygrove, who was from Maine, gaining
the right to call it Portland, against Lovejoy, who was
from Massachusetts and wished to name the new town
Boston. A few stragglers gathered there, and during
the Cayuse war when the volunteer companies organ
ized at Portland, and crossing the river took the road
to Switzler's ferry opposite Vancouver, it began to be
apparent that it was a more convenient point of de
parture and arrival in regard to the Columbia than
16 Deady, in Overland Monthly, i. 36; Nesmith, in Or. Pioneer Assoc., Trans.,
1875, 57.
10 CONDITION OF AFFAIRS.
Oregon City. But it made no material progress till
a conjunction of remarkable events in 1848 called it
into active life and permanent prosperity. Before
this happened, however, Lovejoyhad sold his interest
to Benjamin Stark; and Daniel Lownsdale in Sep
tember of this year purchased Pettygrove's share,
paying for it $5,000 worth of leather which he had
made at his tannery adjoining the town-site. The
two founders of Portland thus transferred their own
ership, which fell at a fortunate moment into the
hands of Daniel Lownsdale, Stephen Coffin, and W.
W. Chapman.17
In 1848 Henry Williamson, the same who claimed
unsuccessfully near Fort Vancouver in 1845, employed
P. W. Crawford to lay out a town on the present site
of Vancouver, and about five hundred lots were sur
veyed, mapped, and recorded in the recorder's books
at Oregon City, according to the law governing town-
sites ; the same survey long ruling in laying out streets,
blocks, and lots. But the prospects for a city were
blighted by the adverse claim of Amos Short, an
immigrant of 1847, who settled first at Linnton, then
removed to Sauve Island where he was engaged in
slaughtering Spanish cattle, but who finally took six
hundred and forty acres below Fort Vancouver, Will
iamson who still claimed the land being absent at the
time, having gone to Indiana for a wife. The land
law of Oregon, in order to give young men this oppor
tunity of fulfilling marriage engagements without
loss, provided that by paying into the treasury of the
territory the sum of five dollars a year, they could
be absent from their claims for two consecutive years,
or long enough to go to the States and return.
In Williamson's case the law proved ineffectual.
17 Lovejoy's Founding of Portland, MS. , passim ; Brigg's Port Toivnsend,
MS., 9; Sylvester's Olympia, MS., 4, 5; Hancock's Thirteen Years, MS., 94.
For an account of the subsequent litigation, not important to this history,
see Burke v. Lownsdale, Appellee's Brief, 12; Or. Laws, 1866, 5-8; Deady's
Hist. Or., MS., 12-13. Some mention will be made of this in treating of the
effects of the donation law on town-sites.
CONSTRUCTION OF ROADS. 11
She whom he was to marry died before he reached
Indiana, and on returning still unmarried, he found
Short in possession of his claim; and although he was
at the expense of surveying, and a house was put up
by William Fellows, who left his property in the
keeping of one Kellogg, Short gave Williamson so
much trouble that he finally abandoned the claim and
went to California to seek a fortune in the mines.
The cottonwood tree which Crawford made the start
ing-point of his survey, and which was taken as the
corner of the United States military post in 1850,
was standing in 1878. The passage of the donation
law brought up the question of titles to Vancouver,
but as these arguments and decisions were not con
sidered till after the territory of Washington was set
off from Oregon, I will leave them to be discussed in
that portion of this work. Astoria, never having
been the seat of a mission, either Protestant or Cath
olic, and being on soil acknowledged from the first
settlement as American, had little or no trouble about
titles, and it was only necessary to settle with the
government when a place lor a military post was tem
porarily required.
The practice of jumping, as the act of trespassing
on land claimed by another was called, became more
common as the time was supposed to approach when
congress would make the long-promised donation to
actual settlers, and every man desired to be upon the
choicest spot within his reach. It did not matter to
the intruder whether the person displaced were Eng
lish or American. Any slight flaw in the proceedings
or neglect in the customary observances rendered the
claimant liable to be crowded off his land. But when
these intrusions became frequent enough to attract
the attention of the right-minded, their will was made
known at public meetings held in all parts of the ter
ritory, and all persons were warned against violating
the rights of others. They were told that if the
12 CONDITION OF AFFAIRS.
existing law would not prevent trespass the j gisla-
ture should make one that would prove effectual.18
Thus warned, the envious and the grasping were gen
erally restrained, and claim-jumping never assumed
alarming proportions in Oregon. Considering the
changes made every year in the population of the
country, public sentiment had much weight with the
people, and self-government attained a position of
Although no claimant could sell the land he held,
he could abandon possession and sell the improve
ments, and the transaction vested in the purchaser all
the rights of the former occupant. In this manner
the land changed occupants as freely as if the title
had been in the original possessor, and no serious in
convenience was experienced19 for the want of it.
Few laws were enacted at the session of 1847, as
it was believed unnecessary in view of the expected
near approach of government by the United States.
But the advancing settlement of the country demand
ing that the county boundaries should be fixed, and
new ones created, the legislature of 1847 established
the counties of Linn and Benton, one extending east
to the Rocky Mountains, the other west to the Pacific
Ocean, and both south to the latitude 42°.20
The construction of a number of roads was also au
thorized, the longer ones being from Portland to Mary
River, and from Multnomah City to the same place,
and across the Cascade Mountains by the way of the
Santiam River to intercept the old emigrant road in
the valley of the Malheur, or east of there, from
which it will be seen that there was still a conviction
in some minds that a pass existed which would lead
travellers into the heart of the valley. That no such
pass was discovered in 1848, or until long after annual
caravans of wagons and cattle from the States ceased
18 Or. Spectator, Sept. 30, 1847.
19 Holders Or. Pioneering, MS., 6.
20 Or. Laws, 1843-9, 50, 55-G; Benton County Almanac, 1876, 1, 2; Or.
Pioneer Assoc., Trans., 1875, 59.
CURRENCY AND PRICES. 13
to ck iand it, is also true.21 But it was a benefit to
the country at large that a motive existed for annual
exploring expeditions, each one of which brought
into notice some new and favorable situations for
settlements, besides promoting discoveries of its min
eral resources of importance to its future develop
ment.22
On account of the unusual and late rains in the
summer of 1847, the large immigration which greatly
increased the home consumption, and the Cayuse war
which reduced the number of producers, the colony
experienced a depression in business and a rise in
prices which was the nearest approach to financial
distress which the country had yet suffered. Farm
ing utensils were scarce and dear, cast-iron ploughs
selling at forty-five dollars.23 Other tools were equally
scarce, often requiring a man who needed an axe to
travel a long distance to procure one second-hand at
a high price. ' This scarcity led to the manufacture
of axes at Vancouver, for the company's own hunters
and trappers, before spoken of as exciting the suspi
cion of the Americans. Nails brought from twenty
to twenty -five cents per pound; iron twelve and a
half. Groceries were high, coffee bringing fifty cents
a pound; tea a dollar and a half; coarse Sandwich
Island sugar twelve and fifteen cents; common mo
lasses fifty cents a gallon. Coarse cottons brought
twenty and twenty -five cents a yard; four -point
blankets five dollars a single one; but ready-made
common clothing for men could be bought cheap.
Flour was selling in the spring for four and five
dollars a barrel, and potatoes at fifty cents a bushel;
21 It was discovered within a few years, and is known as Minto's Pass. A
road leading from Albany to eastern Oregon through this pass was opened
about 1877.
22 Mention is made at this early day of discoveries of coal, iron, copper,
plumbago, mineral paint, and valuable building and lime stone. Thornton's
Or. and Gal, i. 331-47; S. F. Californian, April 19, 1848.
23 Brown says: ' We reaped our wheat mostly with sickles; we made wooden
mould-boards with a piece of iron for the coulter. ' Willamette Valley, MS., 6.
14 CONDITION OF AFFAIRS.
high prices for those times, but destined to become
higher.24
The evil of high prices was aggravated by the
nature of the currency, which was government scrip,
orders on merchants, and wheat; the former, though
drawing interest, being of uncertain value owing to
the state of the colonial treasury which had never
contained money equal to the face of the government's
promises to pay. The law making orders on mer
chants currency constituted the merchant a banker
without any security for his solvency, and the value
of wheat was liable to fluctuation. There were, be
sides, different kinds of orders. An Abernethy order
was not good for some articles. A Hudson's Bay
order might have a cash value, or a beaver-skin value.
In making a trade a man was paid in Couch, Aber
nethy, or Hudson's Bay currency, all differing in
value.25 The legislature of 1847 so far amended the
o
currency act as to make gold and silver the only law
ful tenddr for the payment of judgments rendered in
the courts, where no special contract existed to the
contrary; but making treasury drafts lawful tender
in payment of taxes, or in compensation for the ser
vices of the officers or agents of the territory, unless
otherwise provided by law; and providing that all
costs of any suit at law should be paid in the same kind
of money for which judgment might be rendered.
This relief was rather on the side of the litigants
than the people at large. Merchants' paper was worth
as much as the standing of the merchant. Nowhere
in the country, except at the Hudson's Bay Company's
store, would an order pass at par.26 The inconvenience
of paying for the simplest article by orders on wheat
in warehouse was annoying both to purchaser and
seller. The first money brought into the country in
any quantity was a barrel of silver dollars received at
**S. F. California Star, July 10, 1847; Crawford's Nar., MS., 119-20.
25 Lovejoy's Portland, MS., 35-6.
"Briyg'tPort Townsend, MS., 11-13.
SHIPPING. 15
Vancouver to be paid in monthly sums to the crew
of the Modeste*1 The subsequent overland arrivals
brought some coin, though not enough ta remedy the
evil.
One effect of the condition of trade in the colony
was to check credit, which in itself would not have
been injurious, perhaps,28 had it not also tended to
discourage labor. A mechanic who worked for a
stated price was not willing to take whatever might
be given him in return for his labor.29
Another effect of such a method was to prevent
vessels coming to Oregon to trade.30 The number of
Z1 Roberts' Recollections, MS., 21; Ebbert's Trapper's Lift, MS., 40.
28 Howison relates that he found many families who, rather than incur debt,
had lived during their first year in the country entirely on boiled wheat and
salt salmon, the men going without hat or shoes while putting in and harvest
ing their first crop. Coast and Country, 16.
29 Moss gives an illustration of this check to industry. A man named
Anderson was employed by Abernethy in his saw-mill, and labored night and
day. Abernethy 's stock of goods was not large or well graded, and he would
sell certain articles only for cash, even when his own notes were presented.
Anderson had purchased part of a beef, \vhich he wished to salt for family
use, but salt being one of the articles for which cash was the equivalent at
Abernethy's store, he was refused it, though Abernethy was owing him, and
he was obliged to go to the fur company's store for it. Pioneer Times, MS.,
40-3.
30 Herewith I summarize the Oregon ocean traffic for the 14 years since the
first American settlement, most of which occurrences are mentioned elsewhere.
The Hudson's Bay Company employed in that period the barks Ganymede,
Forager, Nereid, Columbia, Cowlitz, Diamond, Vancouver, Wave, Brothers,
Janet, Admiral Moorsom, the brig Mary Dare, the schooner Cadboro, and the
steamer Beaver, several of them owned by the company. The Beaver, after
her first appearance in the river in 1836, was used in the coast trade north
of the Columbia. The barks Cowlitz, Columbia, Vancouver, and the schooner
Cadboro crossed the bar of the Columbia more frequently than any other ves
sels from 1836 to 1848. The captains engaged in the English service were
Eales, Royal, Home, Thompson, McNeil, Duncan, Fowler, Brotchie, More,
Darby, Heath, Dring, Flere, Weyington, Cooper, McKnight, Scarborough, and
Humphreys, who were not always in command of the same vessel. There
was the annual vessel to and from England, but the others were employed in
trading along the coast, and between the Columbia River and the Sandwich
Islands, or California, their voyages extending sometimes to Valparaiso, from
which parts they brought the few passengers coming to Oregon.
The first American vessel to enter the Columbia after the arrival of the
missionaries was the brig Loriot, Captain Bancroft, in Dec. 1836; the second
the Diana, Captain W. S. Hinckley, May 1837; the third the Lausanne,
Captain Spaulding, May 1840. None of these came for the purpose of trade.
There is mention in the 2oth Cong., 3d Sess., U. S. Com. Kept. 101, 58, of
the ship Joseph Peabody fitting out for the Northwest Coast, but she did not
enter the Columbia so far as I can learn. In August 1840 the first American
trader since Wyeth arrived. This was the brig Maryland, Captain John H.
Couch, from Newburyport, belonging to the house of Gushing £ Co. She took
a few fish and left the river in the autumn never to return. In April 1841
16 CONDITION OF AFFAIRS.
American vessels which brought goods to the Colum
bia or carried away the products of the colony was
small. Since 1834 the bar of the Columbia had been
crossed by American vessels, coming in and going
out, fifty-four times. The list of American vessels
entering during this period comprised twenty-two of
the second trader appeared, the Thomas H. Perkins, Captain Varney. She
remained through the summer, the Hudson's Bay Company finally purchas
ing her cargo and chartering the vessel to get rid of her. Then came the U. S.
exploring expedition the same year, whose vessels did not enter the Columbia
owing to the loss of the Peacock on the bar. After this disaster Wilkes bought
the charter and the name of the Perkins was changed to the Oregon, and she
left the river with the shipwrecked mariners for California. On the 2d of
April 1842 Captain Couch reappeared with a new vessel, the Chenamus, named
after the chief of the Chinooks. He brought a cargo of goods which he took
to Oregon City, where he established the first American trading-house in the
Willamette Valley, and also a small fishery on the Columbia. She sailed for
Newburyport in the autumn. On this vessel came Richard Ekin from Liver
pool to Valparaiso, the Sandwich Islands, and thence to Oregon. He settled
near Salem and was the first saddle-maker. From which circumstance I call
his dictation The Saddle-Maker. Another American vessel whose name does
not appear, but whose captain's name was Chapman, entered the river April
10th to trade and fish, and remained till autumn. She sold liquor to the Clatsop
and other savages, and occasioned much discord and bloodshed in spite of the
protests of the missionaries. In May 1843 the ship Fama, Captain Nye, arrived
with supplies for the missions. She brought several settlers, namely: Philip Fos
ter, wife, and 4 children; F. W. Petty grove, wife, and child; Peter F. Hatch,
wife and child; and Nathan P. Mack. Pettygrove brought a stock of goods and
began trade at Oregon City. In August of the same year another vessel of the
Newburyport Company arrived with Indian goods, and some articles of trade
for settlers. This was the bark Pallas, Captain Sylvester; she remained until
November, when she sailed for the Islands and was sold there, Sylvester
returning to Oregon the following April 1844 in the Chenamus, Captain Couch,
which had made a voyage to Newburyport and returned. She brought from
Honolulu Horace Hold en and family, who settled in Oregon; also a Mr Cooper,
wife and boy; Mr and Mrs Burton and 3 children, besides Griffin, Tidd, and
Goodhue. The Chenamus seems to have made a voyage to the Islands in the
spring of 1845, in command of Syh'ester, and to have left there June 12th
to return to the Columbia. This was the first direct trade with the Islands.
The Chenamus brought as passengers Hathaway, Weston, Roberts, John Crank-
bite, and Elon Fellows. She sailed for Newburyport in the winter of 1845,
and did not return to Oregon. In the summer of 1844 the British sloop-of-
war Modeste, Captain Baillie, entered the Columbia and remained a short time
at Vancouver. On the 31st of July the Belgian ship U Infatigable entered
the Columbia by the before undiscovered south channel, escaping wreck, to
the surprise of all beholders. She brought De Smet and a Catholic reenforce-
ment for the missions of Oregon. In April 1845 the Swedish brig Bull visited
the Columbia ; she was from China : Shilliber, supercargo. Captain Worn-
grew remained but a short time. On the 14th of October the Amer
ican bark, Toulon, Captain Nathaniel Crosby, from New York, arrived
with goods for Pettygrove's trading-houses in Oregon City and Portland:
Benjamin Stark jun., supercargo. In September the British sloop-of-war
Modeste returned to the Columbia, where she remained till June 1847. The
British ehip-of-war America, Captain Gordon, was in Puget Sound during
the summer. In the spring of 1846 the Toulon made a voyage to the Ha
waiian Islands, returning June 24th with a cargo of sugar, molasses, coffee,
IMPORTS AND PASSENGERS. 17
all classes. Of these in the first six years not one
was a trader; in the following six years seven were
traders, but only four brought cargoes to sell to
the settlers, and these of an ill-assorted kind. From
March 1847 to August 1848 nine different American
vessels visited the Columbia, of which one brought a
cotton, woollen, goods, and hardware; also a number of passengers, viz.: Mrs
Whittaker and 3 children, and Shelly, Armstrong, Rogers, Overton, Norris,
Brothers, Powell, and French and 2 sons. The Toulon continued to run to
the Islands for several years. On the 2Gth of June 1846 the American bark
Moriposa, Captain Parsons, arrived from New York with goods consigned to
Benjamin Stark jun. , with Mr and Miss Wadsworth as passengers. The Mari-
posa remained but a few weeks in the river. On the 18th of July the U. S.
schooner Shark, Captain Neil M. Howison, entered the Columbia, narrowly
escaping shipwreck on the Chinook Shoal. She remained till Sept., and was
wrecked going out of the mouth of the river. During the summer the British
frigate Fisfjard, Captain Duntre, was stationed in Puget Sound. About the 1 at of
March 1847 the brig Henry, Captain William K. Kilborne, arrived from New-
buryport for the purpose of establishing a new trading-house at Oregon City.
The Henry brought as passengers Mrs Kilborne and children; G. W. Lawton, a
partner in the venture; D. Good, wife, and 2 children; Mrs Wilson and 2
children; H. Swasey and wife; R. Douglas, D. Markwood, C. C. Shaw, B.
R. Marcellus, a d S. C. Reeves, who became the first pilot on the Columbia
River bar. The goods brought by the Henry were of greater variety
than any stock before it ; but they were also in great part second-hand arti-
sles of furniture on which an enormous profit was made, but which sold
readily owing to the great need of stoves, crockery, cabinet-ware, mirrors,
and other like conveniences of life. The Henry was placed under the com
mand of Captain Bray, and was employed trading to California and the
[slands. On the 24th of March the brig (Jommodore Stockton, Captain Young,
from San Francisco, arrived, probably for lumber, as she returned in April.
The Stockton was the old Pallas renamed. On the 14th of June the American
ship Brutus, Captain Adams, from Boston and San Francisco, arrived, and
remained in the river several weeks for a cargo. On the 22d of the same
month the American bark Whiton, Captain Gelston, from Monterey, arrived,
also for a cargo; and on the 27th the American ship Mount Vernon, Captain
0. J. Given, from Oahu, also entered the river. By the Whiton there came
as settlers Rev. William Roberts, wife and 2 children, Rev. J. H. Wilbur,
wife, and daughter, Edward F. Folger, Richard Andrews, George Whitlock,
and J. M. Stanley, the latter a painter seeking Indian studies for pictures.
The Whiton returned to California and made another visit to the Columbia
River in September. On the 13th of August there arrived from Brest, France,
the bark UEtoile du Matin, Captain Menes, with Archbishop Blanchet and a
Catholic reeni'orcement of 21 persons, viz.: Three Jesuit priests, Gaetz,
Gazzoli, Menestrey, and 3 lay brothers; 5 secular priests, Le Bas, Mc-
Cormick, Deleveau, Pretot, and Veyret; 2 deacons, B. Delorme, and J. F.
Jayol; and one cleric, T. Mesplie; and 7 sisters of Notre Dame cle Namur.
Captain Menes afterwards engaged in merchandising in Oregon. U&toile du
Matin was wrecked on the bar. On the 10th of March 1848 the U. S. trans
port Anita, Midshipman Woodworth in command, arrived in the Columbia to
recuit for the army in Mexico, and remained until the 22d of April. About
this time the American brig Eveline, Captain Goodwin, entered the Columbia
for a cargo of lumber; she left the river May 7th. The Hawaiian schooner
Mary Ann, Captain Belcham, was also in the river in April. The 8th of May
the Hudson's Bay Company's bark Vancouver, Captain Duncan, was lost after
crossing the bar, with a cargo from London vaLu»4 at £30,000, and unin-
HWT. OK., VOL. II. 2
18 CONDITION OF AFFAIRS.
stock of general merchandise, and the rest had come
for provisions and lumber, chiefly for California. All
the commerce of the country not carried on by these
few vessels, most of them arriving and departing but
once, was enjoyed by the British fur company, whose
barks formed regular lines to the Sandwich Islands,
California, and Sitka.
It happened that during 1846, the year following
the incoming of three thousand persons, n,ot a single
ship from the Atlantic ports arrived at Oregon with
merchandise, and that all the supplies for the year
were brought from the Islands by the Toulon, the
sole American vessel owned by an Oregon company,
the Chenamus having gone home. This state of
affairs occasioned much discontent, and an examina
tion into causes. The principal grievance presented
was the rule of the Hudson's Bay Company, which
prohibited their vessels from carrying goods for per
sons not concerned with them. But the owners of
the only two American vessels employed in transpor
tation between the Columbia and other ports had
sured. She was in charge of the pilot, but missed stays when too near the
south sands, and struck where the Shark was wrecked 2 years before. On the
27th of July the American schooner Honolulu, Captain Newell, entered the
Columbia for provisions; and about the same time the British war-ship Con
stance, Captain Courtenay, arrived in Puget Sound. The Hawaiian schooner
Starling, Captain Menzies, arrived the 10th of August in the river for a cargo
of provisions. The Henry returned from California at the same time, with the
news of the gold-discovery, which discovery opened a new era in the traffic of
the Columbia. The close of the period was marked by the wreck of the whale-
ship Maine, Captain Netcher, with 1,400 barrels of whale-oil, 150 of sperm-oil,
and 14,000 pounds of bone. She had been two years from Fairhaven, Mass.,
and was a total loss. The American schooner Maria, Captain De Witt, was
in the river at the same time, for a cargo of flour for San Francisco; also the
sloop Peacock, Captain Gier; the brig Sabine, Captain Crosby ; and the schooner
Ann, Captain Melton; all for cargoes of flour and lumber for San Francisco.
Later in the summer the Harpooner, Captain Morice, was in the river. The
sources from which I have gleaned this information are McLoughlin'a Private
Papers, 2d ser., MS.; Douglas1 Private Papers, 2d ser., MS; a list made
by Joseph Hardisty of the Hudson's Bay Company, and published in the
Or. Spectator, Aug. 19, 1851; Parker's Journal; Kelley's Colonization of Or.;
Townsend's Nar.; Lee and Front's Or. ; Hines' Or. Hist.; 27th Cong., 3d Sess.,
H. Com. Rept. 31, 37; Niks' Reg., Ixi. 320; Wilkes' Nar. U. S. E.rplor. Ex.,
iv. 312; Athcy's Workshops, MS., 3; Honolulu Friend; Monthly Shipping List;
Petty: trove's Or., MS., 10; Victor's River of the West, 392, 398; Honolulu News
Shipping List, 1848; Sylvester's Olympia, MS., 1-4; Deady's Scrap-booh, 140;
Jlonolulu Gazette, Dec. 3, 1836; Honolulu Po'ynexian, i. 10, 39, 51, 54; Mack's
Or., MS., 2; Blanche? s Hist. Cath. Church in Or., 143, 158.
FLOUR, SALT, AND SALMON. 19
adopted the same rule, and refused to carry wheat,
lumber, or any other productions of the country, for
private individuals, having freight enough of their
own.
The granaries and flouring -mills of the country
were rapidly becoming overstocked; lumber, laths, and
shingles were being made much faster than they could
be disposed of, and there was no way to rid the colony
of the over-production, while money was absolutely
required for certain classes of goods. As it was de
clared by one of the leading colonists, "the best families
in the country are eating their meals and drinking
their tea and coffee — when our merchants can afford
it — from tin plates and cups;31 many articles of cloth
ing and other things actually necessary for our con
sumption are not to be purchased in the country; our
children are growing up in ignorance for want of
school-books to educate them ; and there has not been
a plough-mould in the country for many months."
In the autumn of 1845 salt became scarce, and was
raised in price from sixty-two and a half cents a bushel
to two dollars at McLoughlin's store in Oregon City.
The American merchants, Stark and Pettygrove, saw
an opportunity of securing a monopoly of the salmon
trade by withholding their salt, a cash article, from
market, at any price, and many families were thereby
compelled to dispense with this condiment for months.
Such was the enmity of the people, however, toward
McLoughlin as a British trader, that it was seriously
proposed in Yarnhill County to take by force the salt
of the doctor, who was selling it, rather than to rob
the American merchants who refused to sell.32
It was deemed a hardship while flour brought from
ten to fifteen dollars a barrel in the Hawaiian Islands,
31 McCarver, in Or. Spectator, July 4, 1846. Thornton says Mr Waymire
paid Pettygrove, at Portland, $2.50 'for 6 very plain cups and saucers, which
could be had in the States for 25 cents; and the same for 6 very ordinary and
plain plates. Wheat at that time was worth $1 per bushel.' Or. and Cal., ii.
52.
32 Bacon's Merc. Life in Or. City, MS., 22.
20 CONDITION OF AFFAIRS.
and New York merchants made a profit by shipping
it from Atlantic ports where wheat was worth more
than twice its Oregon price, that for want of shipping,
the fur company and two or three American mer
chants should be privileged to enjoy all the benefits
of such a market, the farmers at the same time being
kept in debt to the merchants by the low price of
wheat. Many long articles were published in the
Spectator exhibiting the enormous injury sustained on
the one hand and the extraordinary profits enjoyed
on the other, some of which were answered by James
Douglas, who was annoyed by these attacks, for it
was always the British and not the American traders
who were blamed for taking advantage of their oppor
tunity. The fur company had no right to avail them
selves of the circumstances causing fluctuation; only
the Americans might fatten themselves on the wants
of the people. If the fur company kept down the
price of wheat, the American merchants forced up the
price of merchandise, and if the former occasionally
made out a cargo by carrying the flour or lumber of
their neighbors to the Islands, they charged them as
much as a vessel coming all the way out from New
York would do, and for a passage to Honolulu one
hundred dollars. In the summer of 1846 the super
cargo of the Toulon, Benjamin Stark, jun., after carry
ing out flour for Abernethy, refused to take the return
freight except upon such terms as to make acceptance
out of the question; his object being to get his own
goods first to market and obtain the price consequent
on the scarcity of the supply.33 Palmer relates that
the American merchants petitioned the Hudson's Bay
Company to advance their prices; and that it was
agreed to sell to Americans at a higher price than
that charged to their own people, an arrangement that
lasted for two years.34
83 Or. Spectator, July 23, 1846; Howison's Coast and Country, MS., 21;
Waldo's Critiques, MS., 18.
81 Palmer's Journal, 117-18; Roberts' Recollections, MS., 67.
INFLUENCE OF MONOPOLY. 21
The colonists felt that instead of bein<y half- clad,
O
and deprived of the customary conveniences of living,
they ought to be selling from the abundance of their
farms to the American fleet in the Pacific, and
reaching out toward the islands of the ocean and to
China with ships of their own. To remedy the evil
and bring about the result aspired to, a plan was pro
posed through the Spectator, whereby without money
a joint-stock company should be organized for carry
ing on the commerce of the colony in opposition to
the merchants, British or American. This plan was
to make the capital stock consist of six hundred
thousand or eight hundred thousand bushels of wheat
divided into shares of one hundred bushels each.
When the stock should be taken and officers elected,
bonds should be executed for as much money as
would buy or build a schooner and buy or erect a
grist-mill.
A meeting was called for the 16th of January 1847,
to be held at the Methodist meeting-house in Tuala
tin plains. Two meeting were held, but the conclu
sion arrived at was adverse to a chartered company ;
the plan adopted for disposing of their surplus wheat
being to select and authorize an agent at Oregon City
to receive and sell the grain, and import the goods
desired by the owners. A committee was chosen to
consider proposals from persons bidding, and Governor
Abernethy was selected as miller, agent, and importer.
Twenty-eight shares were taken at the second meet
ing in Yamhill. An invitation was extended to other
counties to hold meetings, correspond, and fit them
selves intelligently to carry forward the project, which
ultimately would bring about the formation of a char
tered company.35 The scheme appeared to be on the
33 The leaders in the movement seem to have been E. Lennox, M. M. Mc-
Carver, David Hill, J. L. Meek, Lawrence Hall, J. S. Griffin, and Caffen-
burg of Yamhill; David Leslie, L. H. Judson, A. A. Robinson, J. S. Smith,
Charles Bennett, J. B. McClane, Robert Newell, T. J. Hubbard, and E.
Dupuis of Champoeg. Or. Spectator, March 4 and April 29, 1847; S. F. Cali
fornia Star, Feb. 27, 1847.
22 CONDITION OF AFFAIRS.
way to success, when an unlooked-for check was re
ceived in the loss of a good portion of the year's crop,
by late rains which damaged the grain in the fields.
This deficiency was followed by the large immigration
of that year which raised the price of wheat to double
its former value, and rendered unnecessary the plan of
exporting it; while the Cayuse war, following closely
upon these events, absorbed much of the surplus
means of the colony.
Previous to 1848 the trade of Oregon was with the
Hawaiian Islandsprincipally, and the exports amounted
in 1847 to $54,784.99.36 This trade fell off in 1848
to $14,986.57; not on account of a decrease in ex
ports which had in fact been largely augmented, as
the increase in the shipping shows, but from being
diverted to California by the American conquest and
settlement; the demand for lumber and flour begin
ning some months before the discovery of gold.37
The colonial period of Oregon, which may be likened
to man's infancy, and which had struggled through
numerous disorders peculiar to this phase of existence,
had still to contend against the constantly recurring
nakedness. From the fact that down to the close of
1848 only five ill-assorted cargoes of American goods
had arrived from Atlantic ports,38 which were partially
36 Polynesian, iv. 135. I notice an advertisement in S. 7. Friend, April
1845, where Albert E. Wilson, at Astoria, offers his services as commission
merchant to persons at the Islands.
37 Thornton's Or. and Cat., ii. 63.
38 The cargo of the Toulon, the last and largest supply down to the close of
1845, consisted of '20 cases wooden clocks, 20 bbls. dried apples, 3 small mills,
1 doz. crosscut-saws, mill-saws and saw-sets, mill-cranks, ploughshares, and
[ itchforks, 1 winno wing-machine, 100 casks of cut nails, 50 boxes saddler's
tacks, b' boxes carpenter's tools, 12 doz. hand-axes, 20 boxes manufactured
tobacco, 5,000 cigars, 50 kegs white lead, 100 kegs of paint, i doz. medicine-
chests, 50 bags Rio coffee, 25 bags pepper, 200 boxes soap, 50 cases boots and
shoes, 6 cases slippers, 50 cane-seat chairs, 40 doz. wooden-seat chairs, 50 doz.
sarsaparilla, 10 bales sheetings, 4 cases assorted prints, one bale damask tartan
shawls, 5 pieces striped jeans, 6 doz. satinet jackets, 12 doz. linen duck pants,
10 doz. cotton duck pants, 12 doz. red flannel shirts, 200 dozen cotton hand
kerchiefs, 6 cases white cotton flannels, 6 bales extra heavy indigo-blue cot
ton, 2 cases negro prints, 1 case black velveteen, 4 bales Mackinaw blankets,
150 casks and bbls. molasses, 450 bags sugar, etc., for sale at reduced prices
for cash. ' Or. Spectator, Feb. 5, 1846.
THE COLONIAL PERIOD. 23
replenished by purchases of groceries made in the
Sandwich Islands, and that only the last cargo, that
of the Henry in 1847, brought out any assortment of
goods for women's wear,89 it is strikingly apparent
that' the greatest want in Oregon was the want of
clothes.
The children of some of the foremost men in the
farming districts attended school with but a single gar
ment, which was made of coarse cotton sheeting dyed
with copperas a tawny yellow. During the Cayuse
\var some young house-keepers cut up their only pair
of sheets to make shirts for their husbands. Some
women, as well as men, dressed in buckskin, and in
stead of in ermine justice was forced to appear in blue
shirts and with bare feet.40 And this notwithstanding
the annual ship-load of Hudson's Bay goods. In 1848
not a single vessel loaded with goods for Oregon
entered the river, and to heighten the destitution the
fur company's bark Vancouver was lost at the en
trance to the river on the 8th of May, with a valuable
cargo of the articles most in demand, which were agri
cultural implements and dry-goods, in addition to the
usual stock in trade. Instead of the wives and daugh
ters of the colonists being clad in garments becoming
their sex and position, the natives of the lower Columbia
decked in damaged English silks41 picked up along the
beach, gathered in great glee their summer crop of
blackberries among the mountains. The wreck of the
Vancouver was a great shock to the colony. A large
amount of grain had been sown in anticipation of the
39 The Henry brought 'silks, mousseline de laines, cashemeres, d'dcosse,
balzarines, muslins, lawns, brown and bleached cottons, cambrics, tartan and
net- wool shawls, ladies and misses cotton hose, white and colored, cotton and
silk handkerchiefs.' Id., April 1, 184t>:
40 These facts I have gathered from conversations with many of the pio
neers. They have also been alluded to in print by Burnett, Adams, Moss,
Nesmith, and Minto, and in most of the manuscript authorities. Moss tells
an anecdote of Straight when he was elected to the legislature in 1845. He
had no coat, and was distressed on account of the appearance he should make
in a striped shirt. Moss having just been so fortunate as to have a coat made
by a taUor sold it to him fur $40 in scrip, which has never been redeemed.
Pioneer Times, MS., 43-4.
"Crawford's Nar., MS., 147; S. F. Calif ornian, May 24, 1848.
24 CONDITION OF AFFAIRS.
demand in California for flour, which it would be im
possible to harvest with the means at hand; and al
though by some rude appliances the loss was partially
overcome it could not be wholly redeemed. To add to
their misfortunes, the whale-ship Maine was wrecked
at the same place on the 23d of August, by which the
gains of a two years' cruise were lost, together with
the ship.
The disaster to this second vessel was a severe blow
to the colonists, who had always anticipated great
profits from making the Columbia River a rendezvous
for the whaling-fleet on the north-west coast. Some
of the owners in the east had recommended their sail
ing-masters to seek supplies in Oregon, out of a desire
to assist the colonists. But it was their ill-fortune to
have the first whaler attempting entrance broken up
on the sands where two United States vessels, the
Peacock and Shark, had been lost.42 Ever since the
wreck of the Shark eiforts had been made to inaug
urate a proper system of pilotage on the bar, and
one of the constant petitions to congress was for a
steam-tug. In the absence of this benefit the Oregon
legislature in the winter of 1846 passed an act estab
lishing pilotage on the bar of the Columbia, creating
a board of commissioners, of which the governor was
one, with power to choose four others, who should
examine and appoint suitable persons as pilots.43
The first American pilot was S. C. Reeves, who
arrived in the brig Henry from Newburyport, in
March 1847, and was appointed in April.44 He went
immediately to Astoria to study the channel, and was
believed to be competent.45 But the disaster of 1848
42 During the winter of 1845-6, 4 American whalers were lying at Vancou
ver Island, the ships Morrison of Mass. , Louise of Conn. , and 2 others. Six
seamen deserted in a whale-boat, but the Indians would not allow them to
land, and being compelled to put to sea a storm arose and 3 of them per
ished, Robert Church, Frederick Smith, and Rice of New London. Niles*
Re<j., Ixx. 341.
43 Or. Spectator, Jan. 7, 1847; Or. Laws, 1843-9, 46.
44 The 8. /. Friend of Feb. 1849 said that the first and third mates of the
Maine had determined to remain in Oregon as pilots.
45 The Hudson's Bay Company had no pilots and no charts, and wanted
THE COLUMBIA ENTRANCE. 25
caused him to be censured, and removed on the charge
of conniving at the wreck of the Vancouver for the
sake of plunder; a puerile and ill-founded accusation,
though his services might well be dispensed with on
the ground of incompetency.48
If the sands of the bar shifted so much that there
were six fathoms in the spring of 1847 where there
were but two and a half in 1846, as was stated by
captains of vessels,47 1 see no reason for doubting that
a sufficient change may have taken place in the winter
of 1847-8, to endanger a vessel depending upon the
wind. But however great the real dangers of the Co
lumbia bar, and perhaps because they were great,48 the
none, though they had lost 2 vessels, the William and Ann, in 1828, and
the Isabella in 1830, in entering the river. Their captains learned the north
channel and used it; and one of their mates, Latta, often acted as pilot to new
arrivals. Parrish says, that in 1840 Captain Butler of the Sandwich Islands,
who came on board the Lausanne to take her over the Columbia Bar, had not
been in the Columbia for 27 years. Or. Anecdotes, MS., 6, 7. After coining
into Baker Bay the ship was taken in charge by Birnie as far as Astoria,
and from there to Vancouver by a Chinook Indian called George or 'King
George,' who knew the river tolerably well. A great deal of time was lost
waiting for this chance pilotage. See Townsend's Nar., 180.
46 The first account of the wreck in the Spectator of May 18, 1848, fully
exonerates the pilot; but subsequent published statements in the same paper
for July 27th, speak of the removal on charges preferred against him and
others, of secreting goods from the wreck. Reeves went to California in the
autumn in an open boat with two spars carried on the sides as outriggers, as
elsewhere mentioned. In Dec. he returned to Oregon in charge of the Span
ish bark Jtiven Guipuzcoana, which was loaded with lumber, flour, and pas
sengers, and sailed again for San Francisco in March. He became master of a
small sloop, the Flora, which capsized in Suisun Bay, while carrying a party
to the mines, in May 1849, by which he, a young man named Loomis, from
Oregon, and several others were drowned. Crawford's Nar., MS., 191.
47Howison declared that the south channel was 'almost closed up' in 1846,
yet in the spring of 1847 Reeves took the brig Henry out through it, and con
tinued to use it during the summer. Or. Spectator, Oct. 14, 1847; Hunt's
Merck. May., xxiii. 358, 560-1.
48Kelley and Slacum both advocated an artificial mouth to the Columbia.
25th Cong., 3d Sess., H. Com. Kept. 101, 41, 56. Wilkes reported rather
adversely than otherwise of its safety. Howison charged that Wilkes' charts
were worthless, not because the survey was not properly made, but because
constant alterations were going on which rendered frequent surveys neces
sary, and also the constant explorations of resident pilots. Coast and Coun
try, MS., 8-9. About the time of the agitation of the Oregon Question in the
United States and England, much was said of the Columbia bar. A writer
in the Edinburgh Review, July 1845, declared the Columbia 'inaccessible for
8 months of the year.' Twiss, in his Or. Ques., 370, represented the entrance
to the Columbia as dangerous. A writer in ffiilfii1 Recj. , Ixx. 284, remarked
that from all that had been said and printed on the subject for several years
the impression was given that the mouth of the Columbia 'was so dangerous
to navigate as to be nearly inaccessible.' Findlay's Directory, i. 357-71; 8. /.
26 CONDITION OF AFFAIRS.
colonists objected to having them magnified by rumor
rather than alleviated by the means usual in such
cases, and while they discharged Reeves, they used
the Spectator freely to correct unfavorable impressions
abroad. There were others who had been employed
as branch pilots, and who still exercised their vocation,
and certain captains who became pilots for their own
or the vessels of others;49 but there was a time fol
lowing Reeves' dismissal, when the shipping which
soon after formed a considerable fleet in the Colum
bia, ran risks enough to vindicate the character of the
harbor, even though as sometimes happened a vessel
was lost at the mouth of the river.
Friend, Nov. 2, 184G; Id., March 15, June 1, 1847; Album Mexicana, i. 573-4;
S. F. Polynesian, iv. 1 10; S. F. Califorman, Sept. 2, 1848; Thorntons Or. and Cat.,
i. 305; Ni!t8\ Reg., Ixix. 381. Senator Benton was the first to take up the
championship of the river, which he did in a speech delivered May 28, 1846.
He showed that while Wilkes' narrative fostered a poor opinion of the entrance
to the Columbia, the chart accompanying the narrative showed it to be good;
and the questions he put in writing to James Blair, son of Francis P. Blair,
one of the midshipmen who surveyed it (the others were Reynolds and Knox),
proved the same. Further, he had consulted John Maginn, for 18 years pilot
at New York, and then president of the New York association of pilots,
who had a bill on pilotage before congress, and had asked him to compare the
entrance of New York harbor with that of the Columbia, to which Maginn
had distinctly returned answer that the Columbia had far the better entrance
in everything that constituted a good harbor. Cot/fj. Globe, 1845-6, 915; Id.,
921-2. When Vancouver surveyed the river in 1792 there existed but one
channel. In 1839 when Belcher surveyed it 2 channels existed, and Sand
Island was a mile and a half long, covering an area of 4 square miles, where
in Vancouver's time there were 5 fathoms of water. In 1841 Wilkes found
the south channel closed with accretions from Clatsop Spit, and the middle
sands had changed their shape. In 1844, as we have seen, it was open, and
in 1846 almost closed again, but once more open in 1847. Subsequent gov
ernment surveys have noted many changes. In 1850 the south channel was
in a new place, and ran in a different direction from the old one; in 1852 the
new channel was fully cut out, and the bar had moved three fourths of a
mile eastward with a wider entrance, and 3 feet more water. The north
channel had contracted to half its width at the bar, with its northern line. on
the line of 1850. The depth was reduced, but there was still one fathom
more of water than on the south bar; and other changes had taken place. In
1859 the south channel was again closed, and again in 1868 discovered to be
open, with a fathom more water than in the north channel, which held pretty
nearly its former position. From these observations it is manifest that the
north channel maintains itself with but slight changes, while the south chan
nel is subject to variations, and the middle sands and Clatsop and Chinook
spits are constantly shifting. Report of Bvt. Major Gillespie, Engineer Corps,
U. S. A., Dec. 18, 1878, in Dally Astorian.
49 Captain N. Crosby is spoken of as taking vessels in' and out of the river.
This gentleman became thoroughly identified with the interests of Oregon,
and especially of Portland, and of shipping, and did much to establish a trade
with China.
INTERIOR TRAFFIC. 27
In the matter of interior transportation there was
not in 1848 much improvement over the Indian canoe
or the fur company's barge and bateau. The maritime
industries seem rather to have been neglected in early
times on the north-west coast notwithstanding its
natural features seemed to suggest the usefulness if
not the necessity of seamanship and nautical science.
Since the building of the little thirty-ton schooner
Dolly at Astoria in 1811 for the Pacific Fur Com
pany, few vessels of any description had been con
structed in Oregon. Kelley related that he saw in
1834 a ship-yard at Vancouver where several vessels
had been built, and where ships were repaired/0 which
is likely enough, but they were small and clumsy
affairs,51 and few probably ever went to sea. Some
barges and a sloop or two are mentioned by the
earliest settlers as on the rivers carrying wheat from
Oregon City to Vancouver, which served also to con
vey families of settlers down the Columbia.52 The
Star of Oregon built in the Willamette in 1841, was
the second vessel belonging to Americans constructed
in these waters.
The first vessel constructed by an individual owner,
or for colonial trade, was a sloop of twenty-five tons,
built in 1845 by an Englishman named Cook, and
called the Calapooya. I have also mentioned that she
proved of great service to the immigrants of that year
on the Columbia and Lower Willamette. The first keel-
boats above the falls were owned by Robert Newell,
and built in the winter of 1845-6, to ply between Ore-
50 25th Cong., 3d Seas., H. Sup. Kept. 101, 59.
51 The schooner (not the bark) Vancouver was built at Vancouver in 1829.
She was about 150 tons burden, and poorly constructed; and was lost on Rose
Spit at the north end of the Queen Charlotte Island in 1834. Captain Dun
can ran her aground in open day. The crew got ashore on the mainland, and
reached Fort Simpson, Nass River, in June. Robert^ He collections, MS., 43.
*'2 Mack's Or., MS., 2; Ebberttt' Trapper's Life, MS., 44; Or. Spectator,
April 16, 1846. There is mention in the Spectator of June 25, 1846, of the
launching at Vancouver of T/ie Prince of Wales, a vessel of 70 feet keel, 18
feet beam, 14 feet below, with a tonnage register of 74. She was constructed
by the company's ship - builder, Scarth, and christened by Miss Douglas,
escorted by Captain Baillie of the Modeste, amidst a large concourse of people.
28 CONDITION OF AFFAIRS.
gon City and Champoeg, the Mogul and the Ben
Franklin. From the fact that the fare was one dollar
in orders, and fifty cents in cash, may be seen the esti
mation in which the paper currency of the time was
held. Other similar craft soon followed,53 and were
esteemed important additions to the comfort of trav
ellers, as well as an aid to business. Other transpor
tation than that by water there was none, except the
slow-moving ox-wagon.54 Stephen H. L. Meek ad
vertised to take freight or passengers from Oregon
City to Tualatin plains by such a conveyance, the
wagon being a covered one, and the team consist
ing of eight oxen.55 Medorum Crawford transported
goods or passengers around the falls at Oregon City
for a number of years with ox-teams.66
The men in the valley from the constant habit of
being so much on horseback became very good riders.
The Canadian young men and women were especially
fine equestrians and sat their lively and often vicious
Cayuse horses as if part of the animal; and on Sun
day, when in gala dress, they made a striking appear
ance, being handsome in form as well as graceful riders.57
The Americans also adopted the custom of 'loping'
practised by the horsemen of the Pacific coast, which
gave the rider so long and easy a swing, and carried
him so fast over the ground. They also became
skilful in throwing the lasso and catching wild, cat
tle. Indeed, so profitable was cattle-raising, and so
63 Or. Spectator, May28, 1846. TheGreat Western ran in opposition to Newell's
boats in May; and two other clinker-built boats were launched in the same month
to run between Oregon City and Portland. In June following I notice men
tion of the Salt River Packet, Captain Gray, plying between Oregon and Astoria
with passengers. Id., June 11, 184G; Brown's Will. Valley, MS., 30; Bacon's
Merc. Life Or. City, MS., 12; Weed's Queen Charlotte I. Exped., MS., 3.
54 Brown, in his Willamette Valley, MS., 6, says that before 1849 there was
not a span of horses harnessed to a wagon in the territory; and that the first
set of harness he saw was brought from California. On account of the
roadless condition of the country at its first settlement, horses were little used
in harness, but it is certain that many horse-teams came across the plains
whose harnesses maychaving been hanging unused, or made into gearing for
riding-animals or for horses doing farm -work.
55 Or. Spectator, Oct. 29, 1840.
66 Crawford's Missionaries, MS., 13-15.
^Minto's Early Days, MS., 31.
MAIL FACILITIES. 29
agreeable the free life of the herdsman or owner of
stock, who flitted over the endless green meadows, clad
in fringed buckskin, with Spanish spurs jingling on
his heels, and a crimson silk scarf tied about the
waist,58 that to aspiring lads the life of a vaquero of
fered attractions superior to those of soil-stirring.
He who would a wooing go, if unable to return the
same day, carried his blankets, and at night threw
himself upon the floor and slept till morning, when he
might breakfast before leave-taking.
If there were none of the usual means of travel,
neither were there mail facilities till 1848. Letters
were carried by private persons, who received pay or
not according to circumstances. The legislature of
1845 in December enacted a law establishing a gen
eral post-office at Oregon City, with W. G. TVault59
as postmaster-general, but the funds of the provisional
government were too scanty and the settlements too
scattered to make it possible to carry out the inten
tion of the act.60
68 If we may believe some of these same youths, no longer young, they were
not always so gayly apparelled and mounted. Says one: 'We rode with a
rawhide saddle, bridle, and lasso. The bit was Spanish, the stirrups wooden,
the sinch horse-hair, and over all these, rider and all, was a blanket with a
hole in it through which the head of the rider protruded. ' Quite a suitable
costume for rainy weather. McMinnville Reporter, Jan. 4, 1877.
c9 W. G. T'Vault was born in Arkansas, whence he removed to Illinois in
1843, and to Oregon in 1844. He was a lawyer, energetic and adventurous,
foremost in many exploring expeditions, and also a strong partisan with
southern-democracy proclivities. He possessed literary abilities and had
something to do with early newspapers, first with the Spectator, as president
of the Oregon printing association, and as its first editor; afterward as editor of
the Table Rock Sentinel, the first newspaper in southern Oregon; and later of
The Intelligencer* He was elected to the legislature in 1840. After the
establishment of the territory he was again elected to the legislature, being
speaker of the house in 1858. He was twice prosecuting attorney of the 1st
judicial district, comprising Jackson County, to which he had removed after
the discovery of gold in Rogue River Valley, and held other public positions.
When the mining excitement was at its height in Idaho, he was practising
his profession and editing the Index in Silver City. Toward the close of
his life, he deteriorated through the influence of his political associations, and
lost caste among his fellow-pioneers. He died of small-pox at Jacksonville in
18G9. Daily Salem Unionist, Feb. 1869; Deathfs Scrap-book, 122; Jacksonville,
Or., Sentinel, Feb. 6, 1869; Dallas Polk Co. Signal, Feb. 16, 1869.
60 By the post-office act, postage on letters of a single sheet conveyed for a
distance not exceeding 30 miles was fixed at 15 cents; over and not exceeding
80 miles, 25 cents; over and not exceeding 200 miles, 30 cents; 200 miles, 50
cents. Newspapers, each 4 cents. The postmaster-general was to receive 10
30 CONDITION OF AFFAIRS.
The first contract let was to Hugh Burns in the
spring of 1846, who was to carry the mail once to
Weston, in Missouri, for fifty cents a single sheet.
After a six months trial the postmaster-general had
become assured that the office was not remunerative,
the expense of sending a semi-monthly mail to each
county south of the Columbia having been borne
chiefly by private subscription; and advertised that
the mail to the different points would be discontinued,
but that should any important news arrive at Oregon
City, it would be despatched to the several offices.
The post-office law, however, remained in force as
far as practicable but no regular mail service was in
augurated until the autumn of 1847, when the United
States department gave Oregon a deputy-postmaster
in John M. Shively, and a special agent in Cornelius
Gilliam. The latter immediately advertised for pro
posals for carrying the mail from Oregon City to
Astoria and back, from the same to Mary River61 and
back, including intermediate offices, and from the same
to Fort Vancouver, Nisqually, and Admiralty Inlet.
From this time the history of the mail service belongs
to another period.
The social and educational affairs of the colony had
by 1848 begun to assume shape, after the fashion of
older communities. The first issue of the Spectator
contained a notice for a meeting of masons to be held
the 21st of February 1846, to adopt measures for
obtaining a charter for a lodge. The notice was issued
by Joseph Hull, P. G. Stewart, and William P.
Dougherty. A charter was issued by the grand lodge
of Missouri on the 19th of October 1846, to Mult-
nomah lodge, No. 84, in Oregon City. This charter
per cent of all moneys by him received and paid out. The act was made con
formable to the United States laws regulating the post-office department, so
far as they were applicable to the condition of Oregon. Or. Spectator, Feb.
5, 1846. See T'Vault's instructions to postmasters, in Id., March 5, 1846.
til Mary River signified to where Corvallis now stands. When that town
was first laid off it was called Marysville.
EDUCATIONAL INSTITUTIONS. 31
was brought across the plains in an emigrant wagon
in 1848, intrusted to the care of P. B. Cornwall, who
turning off to California placed it in charge of Orrin
Kellogg, who brought it safely to Oregon City and
delivered it to Joseph Hull. Under this authority
Multnomah lodge was opened September 11, 1848,
Joseph Hull, W. M.; W. P. Dougherty, S. W., and
T. C. Cason, J. W. J. C. Ainsworth was the first
worshipful master elected under this charter.62
A dispensation for establishing an Odd Fellows
lodge was also applied for in 1846, but not obtained
till 1852.63 The Multnomah circulating library was
a chartered institution, with branches in the different
counties; and the members of the Falls Association,
a literary society which seems to have been a part of
the library scheme, contributed to the Spectator prose
and verse of no mean quality.
The small and scattered population and the scarcity
of school-books were serious drawbacks to education.
Continuous arrivals, and the printing of a large
edition of Webster's Elementary Spelling Book by the
Oregon printing association, removed some of the
obstacles to advancement64 in the common schools.
Of private schools and academies there were already
several besides the Oregon Institute and the Cath
olic schools. Of the latter there were St Joseph 65 for
62 Address of Grand Master Chad wick, in Yreka Union, Jan. 17, 1874;
Seattle Tribune, Aug. 27, 1875; Olympla Transcript, Aug. 2, 1875.
63 This was on account of the miscarriage of the warrant, which was sent
to Oregon in 1847 by way of Honolulu, but which did not reach there, the
person to whom it was sent, Gilbert Watson, dying at the Islands in 1848.
A. V. Fraser, who was sent out by the government in the following year to
supervise the revenue service on the Pacific coast, was then appointed a special
commissioner to establish the order in California and Oregon; but the gold
discoveries gave him so much to do that he did not get to Oregon, and it was
not until 3 years afterward that Chemeketa lodge No. 1 was established at
Salem. The first lodge at Portland was instituted in 1853. E. M. Barnum's
Early Hist. Odd Fellowship in Or., in Jour, of Proceedings of Grand Lod<ie
I. 0. 0. F. for 1877, 2075-84; H. H. Gilfrey in same, 2085; C. D. Moore's
Historical Review of Odd Fellowship in Or., 25th Anniversary of Chemeketa
Lodge, Dec. 1877; S. F. New Age, Jan. 7, 1865; Constitution, etc., Portland,
1871.
64 S. I. Friend, Sept. 1847, 140; Or. Fvrctator, Feb. 18, 1847.
65 Named after Joseph La Roque of Paris who furnished the funds for its
erection. DeSmet's Or. Hiss., 41.
32 CONDITION OF AFFAIRS.
boys at St Paul on French Prairie, and two schools
for girls, one at Oregon City and one at St Mary,
taught by the sisters of Notre Dame. An academy
known as Jefferson Institute was located in La Creole
Valley near the residence of Nathaniel Ford, who
was one of the trustees. William Beagle and James
Howard were the others, and J. E. Lyle principal.
On the Tualatin plains Rev. Harvey Clark had opened
a school which in 1846 had attained to some prom
ise of success, and in 1847 a board of trustees was
established. Out of this germ developed two years
later the Tualatin Academy, incorporated in Septem
ber 1849, which developed into the Pacific University
in 1853-4.
The history of this institution reflects credit upon
its founders in more than an ordinary degree. Har
vey Clark, it will be remembered, was one of the
independent missionaries, with no wealthy board at
his back from whose funds he could obtain a few
hundred or thousand of dollars. When he failed to
find missionary work among the natives, he settled
on the Tualatin plains upon a land-claim where the
academic town of Forest Grove now stands, and
taught as early as 1842 a few children of the other
settlers. In 1846 there came to Oregon, by the
southern route, enduring all the hardships of the be
lated immigration, a woman sixty-eight years of age,
with her children and grandchildren, Mrs Tabitha
Brown.66 Her kind heart was pained at the num
ber of orphan's left to charity by the sickness among
66 Tabitha Moffat Brown was born in the town of Brinfield, Mass., May 1,
1780. Her father was Dr Joseph MofFat. At the age of 19 she mar-
Rev. Clark Brown of Stonington, Conn., of the Episcopal church. In
the changes of his ministerial life Brown removed to Maryland, where he
died early, leaving his widow with 3 children surrounded by an illiterate
people. She opened a school and for 8 years continued to teach, support
ing her children until the 2 boys were apprenticed to trades, and assisting
them to start in business. The family finally moved to Missouri. Here her
children prospered, but one of the sons, Orris Brown, visited Oregon
in 1843, retuming to Missouri in 1845 with Dr White and emigrating with
his mother and family in 1846. His sister and brother-in-law, Virgil K.
Pringle, also accompanied him ; and it is from a letter of Mrs Pringle that
this sketch has been obtained.
BENEVOLENT MEN AND WOMEN. 33
the immigrants of 1847, with no promise of proper
care or training. She spoke of the matter to Harvey
Clark who asked her what she would do. " If I had
the means I would establish myself in a comfortable
home, receive all poor children, and be a mother to
them," said Mrs Brown. " Are you in earnest?" asked
Clark. " Yes." " Then I will try with you, and see
what can be done."
There was a log meeting-house on Clark's land, and
in this building Mrs Brown was placed, and the work
of charity began, the settlers contributing such articles
of furnishing as they could spare. The plan was to
receive any children to be taught; those whose parents
could afford it, to pay at the rate of five dollars a week
for board, care, and tuition, and those who had noth
ing, to come free. In 1848 there were about forty
children in the school, of whom the greater part were
boarders;67 Mrs Clark teaching and Mrs Brown
having charge of the family, which was healthy and
happy, and devoted to its guardian. In a short time
Rev. Gushing Eells was employed as teacher.
There came to Oregon about this time Rev. George
H. Atkinson, under the auspices of the Home Mission
ary Society of Boston.68 He had in view the estab-
67 'In 1851,' writes Mrs Brown, 'I had 40 in my family at $2.50 per week;
and mixed with my own hands 3,423 pounds of flour in less than 5 months.'
Yet she was a small woman, had been lame many years, and was nearly
70 years of age. She died in 1857. See Or. Aryus, May 17, 1856; Portland
West Shore, Dec., 1879.
68 Atkinson was born in Newbury, Vermont. He was related to Josiah
Little of Massachusetts. One of his aunts, born in 1760, Mrs Anne Harris,
lived to within 4 months of the age of 100 years, and remembered well the
feeling caused in Newburyport one Sunday morning by the tidings of the
death of the great preacher Whitefield; and also the events of the French
empire and American revolution. Mr Atkinson left Boston, with his wife,
in October 1847, on board the bark Samoset, Captain Hollis, and reached
the Hawaiian Islands in the following February, whence he sailed again for
the Columbia in the Hudson's Bay Company's bark Cowlitz, Captain Weying-
ton, May 23d, arriving at Vancouver on the 20th of June 1848. He at once
entered upon the duties of his profession, organized the Oregon association of
Congregational ministers, also the Oregon tract society, and joined in the
effort to found a school at Forest Grove. He corresponded for a time with
the Home Missionary, a Boston publication, from which I have gathered some
fragments of the history of Oregon from 1848 to 1851, during the height of the
gold excitement. Mr Atkinson became pastor of the Congregational church in
Oregon City in 1853; andwasfor many years the pastorof the first Congregational
HIST. OB., VOL. II. 3
34 CONDITION OF AFFAIRS.
lishment of a college under the patronage of the Con
gregational church and finding his brethren in Oregon
about to erect a new building for the school at Tua
latin plains, and to organize a board of trustees, an
arrangement was entered into by which the orphan
school was placed in the hands of the trustees as the
foundation of the proposed college, which at first
aspired only to be called the Tualatin academy.
Clark gave two hundred acres of his land-claim for
a college and town-site, and Mrs Brown gave a lot
belonging to her, and five hundred dollars earned by
herself. Subsequently she presented a bell to the
Congregational church erected on the town-site; and
immediately before her death gave her own house and
lot to the Pacific University. She was indeed earnest
and honest in her devotion to Christian charity; may
her name ever be held in holy remembrance.
Mr Clark also sold one hundred and fifty acres of
his remaining land for the benefit of the institution
of which he and Mrs Brown were the founders. It
is said of Clark, " he lived in poverty that he might
do good to others." He died March 24, 1858, at
Forest Grove, being still in the prime of life.69 What
was so well begun before 1848 continued to grow
with the development of the country, and under the
fostering care of new friends as well as old, became
one of the leading independent educational institu
tions of the north-west coast.70
church in Portland. His health failing about 1866, he gave way to younger men;
but he continued to labor as a missionary of religion and temperance in newer
fields as his strength permitted. Nor did he neglect other fields of labor in
the interest of Oregon, contributing many valuable articles on the general
features and resources of the country. Added to all was an unspotted repu
tation, the memory of which will be ever cherished by his descendants, 2 sons
and a daughter, the latter married to Frank Warren jun. of Portland.
*Evan*' ffist. Or., MS., 341; Gray's Hist. Or., 231; Deady's Hist. Or., MS.,
54; Or. Argus, April 10, 1858. Clark's daughter married George H. Durham
of Portland.
70 The first board of trustees was composed of Rev. Harvey Clark, Hiram
Clark, Rev. Lewis Thompson, W. H. Gray, Alvin T. Smith, James M. Moore,
Osborne Russell, and G. H. Atkinson. The land given by Clark was laid
out in blocks and lots, except 20 acres reserved for a campus, the half of
which was donated by Rev. E. Walker. A building was erected during the
reign of high prices, in 1850-1, which cost, unfinished, $7,000; $5,000 of which
THE PACIFIC UNIVERSITY. 35
A private school for young ladies was kept at Ore
gon City by Mrs N. M. Thornton, wife of Judge
Thornton. It opened February 1, 1847. The pupils
were taught " all the branches usually comprised in a
thorough English education, together with plain and
fancy needle-work, drawing, and painting in mezzotints
and water- colors."71 Mrs Thornton's school was patro
nized by James Douglas and other persons of distinc
tion in the country. The first effort made at estab
lishing a common-school board was early in 1847 in
came from the sale of lots, and by contributions. In 1852 Mr Atkinson went
east to solicit aid from the college society, which had promised to endow to
some extent a college in Oregon. The Pacific University was placed the ninth
on their list, with an annual sum granted of $600 to support a permanent pro
fessor. From other sources he received §800 in money, and $700 in books for
a library. Looking about for a professor, a young theological student, S. H.
Marsh, son of Rev. Dr Marsh of Burlington College, was secured as principal,
and with him, and the funds and books, Mr Atkinson returned in 1853. In
the mean time J. M. Keeler, fresh from Union college, Schenectady, New
York, had taken charge of the academy as principal, and had formed a pre
paratory class before the arrival of Marsh. The people began to take a lively
interest in the university, and in 1854 subscribed in lands and money $0,500,
and partially pledged $3,500 more. On the 13th of April 1854 Marsh was
chosen president, but was not formally inaugurated until August 21, 1855.
This year Keeler went to Portland, and E. D. Shattuck took his place as
principal of the academy which also embraced a class of young ladies. The
institution struggled on, but in 1856-7 some of its most advanced students
left it to go to the better endowed eastern colleges. This led the trustees and
president to make a special effort, and Marsh went to New York to secure
further aid, leaving the university department in the charge of Rev. H. Ly-
man, professor of mathematics, who associated with him Rev. C. Eells. The
help received from the college society and others in the east, enabled the uni
versity to improve the general rtaime of the university. The first graduate
was Harvey W. Scott, who in 1863 took his final degree. In 1866 there were
4 graduates. In June 1867 the president having again visited the east for
further aid, over $25,000 was subscribed and 2 additional professors secured:
G. H. Collier, professor of natural sciences, and J. W. Marsh, professor of
languages. In May 1868 there were $44,303.60 invested funds, and a library
of 5,000 volumes. A third visit to the east in 1869 secured over $20,000 for
a presidential endowment fund. The university had in 1876, in funds and
other property, $85,000 for its support. The buildings are however of a poor
character for college purposes, being built of wood, and not well constructed,
and $100,000 would be required to put the university in good condition.
President Marsh died in 1879, and was succeeded by J. R. Herrick. Though
founded by Congregationalists, the Pacific University was not controlled by
them in a sectarian spirit; and its professors were allowed full liberty in their
teaching. Forest Grove, the seat of this institution, is a pretty village nestled
among groves of oaks and firs near the Coast Range foot-hills. Centennial
Year Hist. Pacific University, in Portland Oregonian, Feb. 12, 1876; Victor's
Or. and Wash., 189-90; Or. Argus, Sept. 1, 1855; Deady's J/ist. Or., MS., 54.
71 Mrs Thornton wrote to the S. I. Friend that she was very comfortably
settled in a log-house, walked a mile to her school every morning, and was
never more contented in her life.
33 CONDITION OF AFFAIRS.
Tualatin County, Kev. J. S. Griffin secretary;72 but
no legislative action was taken until a later period.
Besides the spelling-book printed in 1847, Henry H.
Evarts printed an almanac calculated for Oregon and
the Sandwich Islands.73 It was printed at the Spec
tator office by W. P. Hudson.
Professional men were still comparatively rare,
preachers of different denominations outnumbering
the other professions.74 In every neighborhood there
was preaching on Sundays, the services being held in
the most commodious dwellings, or in a school-house
if there was one. There were as yet few churches.
Oregon City, being the metropolis, had three, Catholic,
Methodist, and Congregationalist.75 There was a
Methodist church at Hillsboro, and another at Salem,
and the Catholic Church at St Paul's, which com
pleted the list in 1848.
The general condition of society in the colony was,
aside from the financial and Indian troubles which I
have fully explained, one of general contentment.
Both Burnett and Minto declare in their accounts of
those times that notwithstanding the hardships all
72 Or. Spectator, Feb. 18, 1847.
73 S. I. Friend, Feb. 1848; Thornton's Hist. Or., MS., 27.
74 1 find in the S. I. Friend, Sept. 1847, the following computation: Inhabi
tants (white), 7,000. This, according to immigration statistics, was too small
an estimate. About 400 were Catholics. Methodists were most numerous. ^
There were 6 itinerating Methodist Episcopal preachers, and 8 or 10 local'
preachers, besides 2 Protestant Methodist clergymen. Baptist missionaries, 2 ;
Congregational or Presbyterian clergymen, 4; and several of the Christian
denomination known as Campbellites ; regular physicians, 4; educated lawyers,
4; quacks in both professions more numerous. I have already mentioned the
accidental death of Dr Long by drowning in the Willamette at Oregon City,
he being at the time territorial secretary. lie was succeeded in practice and
in office by Dr Frederick Prigg, elected by the legislature in December 1846.
He also died an accidental death by falling from the rocky bluff into the river,
in October 1849. He was said to be a man of fine abilities and education, but
intemperate in his habits. Or. Spectator, Nov. 2, 1849; Johnson's Gal. and
Or., 274.
™Deadtfs Hist. Or., MS., 71. Harvey Clark first organized the Congre
gational church at Oregon City in 1844. Atkinson's Address, 3; Oregon City
Enterprise, March 24, 1876. In 1848 Rev. Horace Lyman, with his wife, left
Boston to join Atkinson in Oregon. He did not arrive until late in 1849. He
founded the first Congregational church in Portland, but subsequently became
a professor at the Pacific University. Home Missionary, xxii. 43-4; Or. Spec
tator, Nov. 1, 1849.
QUALITY OF THE POPULATION. 37
endured, there were few who did not rejoice sincerely
that they had cast their lot in Oregon.76 Hospitality
and good-fellowship prevailed; the people were tem
perate77 and orderly; and crime was still rare.78
Amusements were few and simple, and hardly nec
essary in so free and unconventional a community,
except as a means of bringing the people together.
76Minto, in Camp Fire Orations, MS., 17; Burnett's Recollections, MS., i.
170; White's Emigration to Or., MS., 11; Simpson's Nar., i. 170.
77 The missionaries, the women of Oregon city, and friends of temperance
generally, were still laboring to effect prohibition of the traffic in spirituous
liquors. The legislature of 1847 passed an amendment to the organic law,
enacting that the word ' prohibit ' should be inserted in the place of ' regulate '
in the 6th section, which read that the legislature should have power to
'regulate the introduction, manufacture, and sale of ardent spirits.' Or. Laws,
1843-9, 44. No change could be made in the organic law without submitting
it to the vote of the people at the ensuing election, which being done, a
majority were for prohibition. Grover's Or. Archives, 273-4. When the matter
again came before the colonial legislature at its last session, that part of the
governor's message referring to prohibition was laid on the table, on motion
of Jesse Applegate. A bill to amend the organic laws, as above provided, was
subsequently introduced by Samuel R. Thurston, but was rejected by vote,
on motion of Applegate. Id., 293. Applegate 's independent spirit revolted
at prohibition, besides which he took a personal gratification from securing
the rejection of a measure emanating from a missionary source. Surely all
good people would be naturally averse to hearing an uncultivated savage who
was full of bad whiskey, singing in Chinook:
' Nah ! six, potlach blue lu (blue ruin),
Nika ticka, blue lu,
Hiyu blue lu,
Hyas olo,
Potlach blue lu.'
Which freely translated would run :
' Hallo ! friend, give me Borne whiskey;
I M ant whiskey, plenty of whiskey;
Very thirsty ; give me some whiskey.'
Moss* Pioneer Times, MS., 56-7.
78 In the Spectator of July 9, 1846, there is mention of an encounter with
knives between Ed. Robinson and John Watson. Robinson was arrested and
brought before Justice Andrew Hood, and bound over in the sum of $200.
In the same paper of July 23d is an item concerning the arrest of Duncan
McLean on suspicion of having murdered a Mr Owens. An affray occurred at
Salem in August 1847 between John H. Bosworth and Ezekiel Popham, in
which the latter was killed, or suddenly dropped dead from a disease of the
heart. Id., Sept. 2, 1847. In 1848 a man named Leonard who had pawned
his rifle to one Arim, on Sauve* Island, went to recover without redeeming it,
when Arim pursued him with hostile intent. Leonard ran until he came
to a fallen tree too large for him to scale in haste, and finding Arim close upon
him he turned, and in his excitement fired, killing Arim. Leonard was arrested
and discharged, there being no witnesses to the affair. Arim was a bully, and
Leonard a small and usually quiet man, who declared he had no intention of
killing Arim, but fired accidentally, not knowing the rifle was loaded. Leonard
left the country soon after for the gold-mines and never returned. Crawford's
Nar., MS., 167. I cite these examples rather to show the absence than the
presence of crime.
38 CONDITION OF AFFAIRS.
Besides church-going, attending singing-school,79 and
visiting among the neighbors there were few assem
blages. There was occasionally a ball, which was not
regarded by the leading Protestant citizens as the
most unquestionable mode of cultivating social rela
tions. The Canadian families loved dancing, and balls
were not the more respectable for that reason;80 but
the dancers cared little for the absence of the elite.
Taking them all in all, says Burnett, " I never saw
so fine a population;" and other writers claimed that
though lacking in polish the Oregon people were at
this period morally and socially the equal of those of
any frontier state.81 From the peculiar conditions of
an isolated colony like that of Oregon, early mar
riages became the rule. Young men required homes,
and young women were probably glad to escape from
the overfilled hive of the parental roof to a domicile
of their own. However that may have been, girls
were married at any age from fourteen upward, and
in some instances earlier;82 while no widow, whether
79 James Morris, in Camp Fire Orations, MS. , 20, says that the first sirig-
ing-scliool in the country was taught by a Mr Johnson, and that he went to
it dressed in a suit of buckskin dyed black, which looked well, and did not
stretch out over the knees like the uncolored skin.
80J/os«' Pioneer Times, MS., 32. In Minto's Early Days, MS., and Mrs
Minto's Female Pioneering, MS., there are many pictures of the social condi
tion of the colony. The same in Camp Fire Orations, MS., a report by my
stenographer, of short speeches made at an evening session of the pioneers at
their annual meeting in 1878. All the speakers except Mrs Minto declared
they had enjoyed emigrating and pioneering. She thought both very hard
on females; though throughout all she conducted herself as one of the
noblest among women.
81 Home Missionary, xx. 213-14.
82 As a guide to descent in the pioneer families I here affix a list of the
marriages published in the Spectator from the beginning of 1846 to the close
of 1848. Though these could not have been all, it may be presumed that
people of social standing would desire to publish this momentous event:
1846— Feb. 25, Samuel Campbell to Miss Chellessa Chrisman; March 29,
Henry Sewell to Miss Mary Ann Jones Gerish ; April 2, Stephen Staats to
Miss Cordelia Forrest; April 12, Silas Halght to Mrs Rebecca Ann Spalding;
May 4, Pierre Bonnin to Miss Louise Rondeau; May 10, Isaac Staats to Miss
Orlena Maria Williams; May 10, Henry Marlin to Miss Emily Hipes; June
4, David Hill to Mrs Lucinda Wilson ; June 14, J. W. Nesmith to Miss Caro
line Goff; June 17, Alanson Hinman to Miss Martha Elizabeth Jones Gerish;
June 28, Robert Newell to Miss Rebecca Newman ; July 2, Mitchel Whit-
lock to Miss Malvina Engle ; July 4, William C. Dement to Miss Olivia
Johnson; J. B. Jackson to Miss Sarah Parker; July 25, John G. Campbell
to Miss Rothilda E. Buck; July 26, Joseph Watt to Miss Sarah Craft; Aug.
CLIMATE AND TEMPERATURE. 39
young or middle-aged, long remained unmarried. This
mutual dependence of the sexes was favorable to the
morals and the growth of the colony; and rich and
poor alike had their houses well filled with children.
But what of the diseases which made such havoc
during the early missionary occupation? Strangely
enough they had disappeared as the natives died or
were removed to a distance from the white race. Not
withstanding the crowded state of the settlers every
winter after the arrival of another immigration, and
notwithstanding insufficient food and clothing in many
instances, there was little sickness and few deaths.
Dr White, after six years of practice, pronounced the
country to be the healthiest and the climate one of
the most salubrious in the world.83 As to the tem
perature, it seems to have varied with the different
seasons and years. Daniel Lee tells of plucking a
strawberry-blossom on Christmas-day 1840, and the
2, Sidney Smith to Miss Miranda Bayley; Aug. 16, Jehu Davis to Miss Mar-
garette Jane Moreland; Sept. 1, H. H. Hyde to Miss Henrietta Holman;
Oct. 26, Henry Buxton to Miss Rosannah Woolly; Nov. 19, William P.
Dougherty to Miss Mary Jane Chambers ; Nov. 24, John P. Brooks to Miss
Mary Ann Thomas. 1847^Jan. 21, W. H. Rees to Miss Amanda M. F.
Hall ; Jan. 25, Francis Topair to Miss Angelique Tontaine ; Feb. 9, Peter H.
Hatch to Miss S. C. Locey (Mrs Charlotte Sophia Hatch, who came to Oregon
with her husband by sea in 1843, died June 30, 1840); April 18, Absalom F.
Hedges to Miss Elizabeth Jane Barlow; April 21, Joseph B. Rogers to
Miss Letitia Flett; Henry Knov/land to Mrs Sarah Knowland; April 22,
N. K. Sitton to Miss Priscilla A. Rogers; June 15, Jeremiah Rowland to Mrs
Mary Ann Sappington ; July 8, John Minto to Miss Martha Ann Morrison ;
Aug. 12, T. P. Powers to Mrs Mary M. Newton — this was the Mrs Newton
whoso husband was murdered by an Indian in the Umpqua Valley in 1846;
Oct. 14, W. J. Herren to Miss Eveline Hall; Oct. 24, D. H. Good to Miss
Mary E. Dunbar; Oct. 29, Owen M. Mills to Miss Priscilla Blair; Dec. 28,
Charles Putnam to Miss Rozelle Applegate. 1848 — Jan. 5, Caleb Rodgers
to Miss Mary Jane Courtney; Jan. 20, M. M. McCarver to Mrs Julia Ann
Buckalew ; Jan. 27, George M. Baker to Miss Nancy Duncan ; Jan. 30, George
Sigler to Miss Lovina Dunlap; Feb. 19, R. V. Short to Miss Mary Geer;
March 18, Moses K. Kellogg to Mrs Elizabeth Sturges; April 16, John
Jewett to Mrs Harriet Kimball — Mrs Kimbali was the widow of one of the
victims of the Waiilatpu massacre ; May 4, John R. Jackson to Mrs Matilda
N. Coonse ; May 22, John H. Bosworth to Miss Susan B. Looney ; June 28,
Andrew Smith to Mrs Sarah Elizabeth Palmer; July 2, Edward N. White to
Miss Catherine Jane Burkhart; July 28, William Meek to Miss Mary Luel-
ling; Dec. 10, C. Davis to Miss Sarah Ann Johnson; Dec. 26, William Logan
to Miss Issa Chrisman. The absence of any marriage notice for the 4 months
from the last of July to the 10th of December may be accounted for by the
rush of the unmarried men to the gold-mines about this time.
83 Ten Years in Or., 220.
40 CONDITION OF AFFAIRS*
weather continued warm throughout the winter ; but on
the 12th of December 1842 the Columbia was frozen
over, and the ice remained in the river at the Dalles
till the middle of March, and the mercury was 6° below
zero in that month, while in the Willamette Valley
the cold was severe. On the other hand, in the winter
of 1843 there was a heavy rainfall, and a disastrous
freshet in the Willamette in February. The two
succeeding winters were mild and rainy,84 fruit form
ing on the trees in April; and again in the latter part
of the winter of 1846—7 the Columbia was frozen
over at Vancouver so that the officers of the Modeste
played a curling match on the ice. The winter of
1848-9 was also cold, with ice in the Columbia. The
prevailing temperature was mild, however, when taken
year by year, and the soil being generally warm, the
vegetables and fruits raised by the first settlers sur
prised them by their size and quality.85 If any fault
was to be found with the climate it was on the score
of too many rainy or cloudy days; but when by com
parison with the drier climate of California it was
found to insure greater regularity of crops the farm
ing community at least were satisfied.86 The cattle-
raisers had most reason to dread the peculiarities of
the Oregon climate, which by its general mildness
flattered them into neglecting to provide winter food
for their stock, and when an occasional season of snow
and ice came upon them they died by hundreds ; but
this was partly the fault of the improvident owner.
The face of nature here was beautiful; pure air
from the ocean and the mountains; loveliness in the
84 Clyman's Note Book, MS., 82-98; Palmer's Journal, 119.
85 A potato is spoken of which weighed 3J Ibs., and another 3| Ibs. ; while
turnips sometimes weighed from 10 to 30 Ibs. Blanchet raised one of 17f Ibs.
66 The term 'web-foot' had not yet been applied to the Oregonians. It
became current in mining times, and is said to have originated in a sarcastic
remark of a commercial traveller, who had spent the night in a farm-house on
the marshy banks of the Long Tom, in what is now Lane County, that
children should be provided with webbed feet in that country. ' We have
thought of that,' returned the mistress of the house, at the same time dis
playing to the astonished visitor her baby's feet with webs between the toes.
The story lost nothing in the telling, and Web-foot became the pseudonyme
for Oregonian.
THE COMMONWEALTH ESTABLISHED. 41
valleys dignified by grandeur in the purple ranges
which bordered them, overtopped here and there by
snowy peaks whose nearly extinct craters occasionally
threw out a puff of smoke or ashy flame,87 to remind
the beholder of the igneous building of the dark cliffs
overhanging the great river. The whole country was
remarkably free from poisonous reptiles and insects.
Of all the serpent class the rattlesnake alone was
armed with deadly fangs, and these were seldom seen
except in certain localities in the western portion of
Oregon. Even the house-fly was imported/8 coming
like many plants, and like the bee, in the beaten trail
of white men.
Such was the country rescued from savagism by
this virtuous and intelligent people; and such their
general condition with regard to improvement, trade,
education, morals, contentment, and health, at the
period when, after having achieved so much without
aid from congress, that body took the colony under
its wing and assumed direction of its affairs.
87 Mount St Helen and Mount Baker were in a state of eruption in March
1850, according to the Spectator of the 21st of that month. The same paper
of Oct. 18, 1849, records a startling explosion in the region of Mount Hood,
when the waters of Silver Creek stopped running for 24 hours, and also the
destruction of all the fish in the stream by poisonous gases.
68McClaue says that when he came to Oregon there was not a fly of any
kind, but fleas were plenty. First Wagon Train, MS., 14. W. H. Rector has
said the same. Lewis and Clarke, and Parker, expiate upon the fleas about
the Indian camps.
CHAPTER II.
EFFECT OF THE CALIFORNIA GOLD DISCOVERY.
1848-1849.
THE MAGIC POWER OF GOLD — A NEW OREGON — ARRIVAL OF NEWELL —
SHARP TRAFFIC — THE DISCOVERY ANNOUNCED — THE STAMPEDE SOUTH
WARD — OVERLAND COMPANIES — LASSEN'S IMMIGRANTS — HANCOCK'S
MANUSCRIPT— CHARACTER OF THE OREGONIANS IN CALIFORNIA — THEIR
GENERAL SUCCESS— REVOLUTIONS IN TRADE AND SOCIETY— ARRIVAL OF
VESSELS — INCREASE IN THE PRICES OF PRODUCTS — CHANGE OF CUR
RENCY — THE QUESTION OF A MINT — PRIVATE COINAGE — INFLUX OF
FOREIGN SILVER — EFFECT ON SOCIETY — LEGISLATION — IMMIGRATION.
AND now begins Oregon's age of gold, quite a dif
ferent affair from Oregon's golden age, which we must
look for at a later epoch. The Oregon to which
Lane was introduced as governor was not the same
from which his companion Meek had hurried in pov
erty and alarm one year before. Let us note the
change, and the cause, before recording the progress
of the new government.
On the 31st of July 1848, the little schooner Hono
lulu, Captain Newell, from San Francisco, arrived in
the Columbia, and began to load not only with pro
visions, but with shovels, picks, and pans, all that
could be bought in the limited market. This created
no surprise, as it was known that Americans were
emigrating to California who would be in want of
these things, and the captain of the schooner was
looked upon as a sharp trader who knew how to turn
an honest penny. When he had obtained everything
to his purpose, he revealed the discovery made by
Marshall in California, and told the story how Ore-
(42)
THE NEWS IN OREGON. 43
gon men had opened to the world what appeared an
inexhaustible store of golden treasure.1
The news was confirmed by the arrival August 9th
of the brig Henry from San Francisco, and on the
23d of the fur company's brig Mary Dare from the
Hawaiian Islands, by the way of Victoria, with Chief
Factor Douglas on board, who was not inclined to
believe the reports. But in a few days more the
tidings had travelled overland by letter, ex-Governor
Boggs having written to some of his former Missouri
friends in Oregon by certain men coming with horses
to the Willamette Valley for provisions, that much
gold was found on the American River. No one
doubted longer; covetous desire quickly increased to a
delirium of hope. The late Indian disturbances were
forgotten; and from the ripening harvests the reap
ers without compunctions turned away. Even their
beloved land-claims were deserted; if a man did not
go to California it was because he could not leave his
family or business. Some prudent persons at first,
seeing that provisions and lumber must greatly in
crease in price, concluded to stay at home and reap
the advantage without incurring the risk; but these
were a small proportion of the able-bodied men of the
colony. Far more went to the gold mines than had
volunteered to fight the Cayuses;2 farmers, mechanics,
professional men, printers — every class. Tools were
dropped and work left unfinished in the shops. The
farms were abandoned to women and boys. The two
newspapers, the Oregon Spectator and Free Press, held
1 J. W. Marshall was an immigrant to Oregon of 1844. He went to Cali
fornia in 1846, and was employed by Sutter. In 1847 he was followed by
Charles Bennett and Stephen Staats, all of whom were at Sutter's mill when
the discovery of gold was made. Brown's Will. VaL, MS., 1; Parsons' Life of
Marshall, 8-9.
2 Burnett says that at least two thirds of the population capable of bear
ing arms left for Calif ornia in the summer and autumn of 1848. Recollections,
MS., i. 325. 'About two thousand persons,' says the California Star and
Californian, Dec. 9, 1848. Only five old men were left at Salem. Brown's
Will. Vol., MS., 9. Anderson, in his Northwest Coast, MS., 37, speaks of
the great exodus. Compare Crawford's Nar., MS., 166, and Victor's River of
the West, 483-5. Barnes, Or. and Cal., MS., 8, says he found at Oregon City
only a few women and children and some Indians.
44 EFFECT OF THE CALIFORNIA GOLD DISCOVERY.
out, the one till December, the other until the spring
of 1849, when they were left without compositors
and suspended.3 No one thought of the outcome.
It was not then known in Oregon that a treaty had
been signed by the United States and Mexico, but it
was believed that such would be the result of the
war; hence the gold-fields of California were already
regarded as the property of Americans. Men of
family expected to return; single men thought little
about it. To go, and at once, was the chief idea.4
Many who had not the means were fitted out by
others who took a share in the venture; and quite dif
ferent from those who took like risks at the east, the
trusts imposed in the men of Oregon were as a rule
faithfully carried out.5
Pack-trains were first employed by the Oregon gold-
seekers; then in September a wagon company was
organized. A hundred and fifty robust, sober, and
energetic men were soon ready for the enterprise.
The train consisted of fifty wagons loaded with mining
implements and provisions for the winter. Even
planks for constructing gold-rockers were carried in
the bottom of some of the wagons. The teams were
strong oxen; the riding horses of the hardy native
Cayuse stock, late worth but ten dollars, now bringing
thirty, and the men were armed. Burnett was elected
captain and Thomas McKay pilot.6 They went to
Klamath Lake by the Applegate route, and then
turned south-east intending to get into the California
emigrant road before it crossed the Sierra. After
travelling several days over an elevated region, not
well watered nor furnishing good grass, to their surprise
8 The Spectator from February to October. I do not think the Free Press
was revived after its stoppage, though it ran long enough to print Lane's
proclamation. The Oregon American had expired in the autumn of 1848.
4 Atkinson, in the Home Missionary, 22, 64; Bristow's Rencounters, MS.,
2-9; Ryan's Judges and Criminals, 79.
5 There was the usual doggerel perpetrated here as elsewhere at the time.
See Brown's Or. MisceL, MS., 47.
6 Ross* Nar., MS., 11; Lovejotfs Portland, MS., 26; Johnson's Cal. and
Or., 185-6.
THE EXODUS. 45
they came into a newly opened wagon-road, which
proved to be that which Peter Lassen of California
had that season persuaded a small party immigrating
into the Sacramento Valley to take, through a pass
which would bring them near his rancho.7
The exodus thus begun continued as long as
weather permitted, and until several thousand had
left Oregon by land and sea. The second wagon com
pany of twenty ox-teams and twenty-five men was
from Puget Sound, and but a few days behind the
first/ while the old fur-hunters' trail west of the
7 After proceeding some distance on Lassen's trail they found that others
\vho had preceded them were as ignorant as they of what lay before them;
and after travelling westward for eight miles they came to a sheer wall of
rock, constituting a mountain ridge, instead of to a view of the Sacramento
Valley. On examination of the ground it was found that Lassen and his com
pany had been deceived as well as they, and had marched back to within half
a mile of the entrance to the valley before finding a way out of it. After
exploring for some distance in advance the wagons were allowed to come on,
and the summit of the sierra was reached the 20th of October. After passing
this and entering the pine forest on the western slope, they overtook Lassen
and a portion of his party, unable to proceed. He had at first but ten wagons
in his company, and knew nothing more about the route than from a generally
correct idea of the country he could conjecture. They proceeded without
mishap until coming to the thick timber on the mountains; and not having
force enough to open the road, they were compelled to convert their wagons
into carts in order to make the short turns necessary in driving around fallen
timber. Progress in this manner was slow. Half of the immigrants, now fear
fully incensed against their leader, had abandoned their carts, and packing
their goods on their starving oxen, deserted the other half, without knowing
how they were to reach the settlements. When those behind were overtaken
by the Oregouians they were in a miserable condition, not having had bread
for a month. Their wants were supplied, and they were assured that the road
should be opened for them, which was done. Sixty or eighty men went to
the front with axes, and the way was cleared for the wagons. When the for
est was passed, there \vere yet other difficulties which Lassen's small and
exhausted company co^ld never have removed. A tragedy like that of Don-
ner Lake was averted by these gold-seekers, who arrived in the Sacramento
Valley about the 1st of November. Burnett's Recollections, MS., i. 328-366;
Lovfjoy's Portland, MS., 27; Barnes' Or. ami Gal, MS., 11-12; Palmer's
War/on Trains, MS., 43.
8 Hancock's Thirteen Years' Residence on the Northwest Coast, a thick
manuscript volume containing an account of the immgration of 1845, the
settlement of the Puget Sound country by Americans, the journey to
California of the gold-hunters, and a long list of personal adventures with
In.dians, and other matter of an interesting nature, is cne of my authorities
on this period. The manuscript was written at the dictation of Samuel Han
cock, of Whidbey Island, by Major Sewell. See Morse's Notes of the History
and Resources of Washington Ter., ii. 19-30. It would seem from Hancock's
MS. that the Puget Sound Company, like the Willamette people, overtook
and assisted a party of immigrants who had been forsaken by that pilot in
the Sierra Nevada, and brought them through to the Sacramento Valley.
46 EFFECT OF THE CALIFORNIA GOLD DISCOVERY.
sierra swarmed with pack-trains9 all the autumn.
Their first resort was Yuba River; but in the spring
of 1849 the forks of the American became their prin
cipal field of operations, the town of Placerville, first
called Hangtown, being founded by them. They
were not confined to any localities, however, and made
many discoveries, being for the first winter only more
numerous in certain places than other miners; and as
they were accustomed to camp-life, Indian-fighting,
and self-defence generally, they obtained the reputa
tion of being clannish and aggressive. If one of them
was killed or robbed, the others felt bound to avenge
the injury, and the rifle or the rope soon settled
the account. Looking upon them as interlopers, the
Californians naturally resented these decided meas
ures. But as the Oregonians were honest, sober, and
industrious, and could be accused of nothing worse
than being ill-dressed and unkempt and of knowing
how to protect themselves, the Californians mani
fested their prejudice by applying to them the title
1 Lop-ears,' which led to the retaliatory appellation
of 'Tar-heads/ which elegant terms long remained in
use.10
It was a huge joke, gold-mining and all, including
even life and death. But as to rivalries they signi
fied nothing. Most of the Oregon and Washington
adventurers who did not lose their life were success
ful; opportunity was assuredly greater then in the
This may have been the other division of Lassen's company, though Hancock
says there were 25 wagons, which does not agree with Burnett.
9 One of the first companies with pack-animals was under John E. Ross,
an immigrant of 1847, and a lieutenant in the Cayuse war, of whom I shall
have more to say hereafter. Ross states that Levi Scott had already settled
in the Umpqua Valley, and was then the only American south of the Cala-
pooya Mountains. From Scott's to the first house in California, Reading's,
was 14 days' travel. See Ross' Nar., MS., passim.
I0fios8' Nar., MS., 15; Crawford's Nar., MS., 194, 204. The American
pioneers of California, looking fgr the origin of the word Oregon in a Spanish
phrase signifying long-ears, as I have explained in vol. i. Hist. Or. , hit upon
this delectable sobriquet for the settlers of that country. With equal justice,
admitting this theory to be correct, which it is not, the Oregonians called
them tar-heads, because the northern California Indians were observed to
cover their heads with tar as a sign of mourning.
OREGONIANS IN THE MINES. 47
Sierra Foothills than in the Valley Willamette. Still
they were not hard to satisfy ; and they began to re
turn early in the spring of 1849, when every vessel
that entered the Columbia was crowded with home-
loving Oregonians.11 A few went into business in
California. The success of those that returned stimu
lated others to go who at first had not been able.12
11 Among those who went to California in 1848-9 are the following:
Robert Henderson, James McBride, William Carpenter, Joel Palmer, A. L.
Lovejoy, F. W. Pettygrove, Barton Lee, W. W. Bristow, W. L. Adams,
Christopher Taylor, John E. Ross, P. B. Cornwall, Walter Monteith, Horace
Burnett, P. H. Burnett, John P. Rogers, A. A. Skinner, M. M. McCarver,
Frederick Ramsey, William Dement, Peter Crawford, Henry Williamson,
Thomas McKay, William Fellows, S. C. Reeves, James Porter, I. W. Alder
man, William Moulton, Aaron Stanton, J. R. Robb, Aaron Payne, J. Math-
eney, George Gay, Samuel Hancock, Robert Alexander, Niniwon Evermau,
John Byrd, Elisha Byrd, William Byrd, Sr, William Byrd, Jr, T. R. Hill,
Ira Patterson, William Patterson, Stephen Bonser, Saul Richards, W. H.
Gray, Stephen Staats, J. W. Nesmith, J. S. Snooks, W. D. Canfield, Alanson
Husted, John M. Shivcly, Edmund Sylvester, James O'Neal, Benjamin
Wood, William Whitney, W. P. Dougherty, Allen McLeod, John Edmonds,
Charles Adams, John Inyard, Miriam Poe, Joseph Williams, Hilt. Bonser,
William Shaw, Thomas Carter, Jefferson Carter, Ralph Wilcox, Benjamin
Burch, William H. Rector, Hamilton Campbell, Robert Newell, John E.
Bradley, J. Curtis, H. Brown, Jeremiah McKay, Priest, Turney, Leonard,
Shurtzer, Loomis, Samuel Cozine, Columbia Lancaster Pool, English, Thomp
son, Johnson, Robinson, and others.
12 P. W. Crawford gives the following account of his efforts to raise the
means to go to California: He was an immigrant of 1847, and had not yet
acquired property that could be converted into money. Being a surveyor he
spent most of his time in laying out town sites and claims, for which he re
ceived lots in payment, and in some cases wheat, and often nothing. He
had a claim on the Cowlitz which he managed to get planted in potatoes.
Owning a little skiff called the E. West, he traded it to Geer for a hundred
seedling apple-trees, but not being able to return to his claim, he planted
them on the land of Wilson Blain, opposite Oregon City. Having considerable
wheat at McLoughlin's mill he had a portion of it ground, and sold the flour
for cash. He gave some wheat to newly arrived emigrants, and traded the
rest for a fat ox, which he sold to a butcher at Oregon City for twenty-five
dollars cash. Winter coming on he assisted his friend Reed in the pioneer
bakery of Portland. In February he traded a Durham bull which he pur
chased of an Indian at Fort Laramie and drove to Oregon, for a good sailing
boat, with which he took a load of hoop-poles down the Columbia to Hunt's
mill, where salmon barrels were made, and brought back some passengers,
and a few goods for Capt. Crosby, having a rough hard time working his way
through the floating ice. On getting back to Portland, Crawford and Will
iams, the former mate of the Starling, engaged of the supercargo Gray, at
sixty dollars each, steerage passage on the Undine then lying at Hunt's mill.
The next thing was to get supplies and tools, such as were needed to go to
the mines. For these it was necessary to make a visit to Vancouver, which
could not be done in a boat, as the river was still full of ice, above the mouth
of the Williamette. He succeeded in crossing the Columbia opposite the
head of Sauve" Island, and walked from the landing to Vancouver, a distance
of about six miles. This business accomplished, he rejoined his companion
in the boat, and set out for Hunt's mill, still endangered by floating ice, but
48 EFFECT OF THE CALIFORNIA GOLD DISCOVERY.
There was a complete revolution in trade, as re
markable as it was unlocked for two years before,
when the farmers were trying to form a cooperative
ship-building association to carry the products of their
farms to a market where cash could be obtained for
wheat. No need longer to complain of the absence of
vessels, or the terrible bar of the Columbia. I have
mentioned in the preceding chapter that the Henry
and the Toulon were the only two American vessels
trading regularly to the Columbia River in the spring
of 1848. Hitherto only an occasional vessel from Cal
ifornia had entered the river for lumber and flour;
but now they came in fleets, taking besides these ar
ticles vegetables, butter, eggs, and other products
needed by the thousands arriving at the mines,
the traffic at first yielding enormous profits. Instead
of from three to eight arrivals and departures in a
year, there were more than fifty in 1849, of which
twenty were in the river in October awaiting car
goes at one time.13 They were from sixty to six or
or seven hundred tons burden, and three of them
were built in Oregon.14 Whether it was due to their
arriving in time to take passage. Such were the common incidents of life in
Oregon before the gold products of the California mines came into circulation.
Narrative, MS., 179-187.
13 About the last of December 1848 the Spanish bark J6ven Guipuzcoana,
S. C. Reeves captain, arrived from San Francisco to load with Oregon pro
ductions for the California markets. She was fastened in the ice a few miles
below the mouth of the Willamette until February, and did not get out of
the river until about the middle of March. Crawford's Nar., MS., 173-91.
The brig Maleck Adhel, Hall master, left the river with a cargo Feb. 7, 1849.
Following are some of the other arrivals of the year: January 5th, schr.
Starling, Captain Menzies; 7th, bk. Anita, Hall; brig Undine, Brum; May
8th, bks. Anita, Hall; Janet, Dring; ship Mercedes; schrs. Milwaukie; V<d-
dova; 28th, bk. J. W. Carter; brig Mary and Ellen; June 16th, schr. Pio
neer; bk. Undine; 23d, bk. Columbia; brigs Henry, Sacramento, El Placer;
July 2d, ship Walpole; 10th, brigs Belfast, L'Etotte du Matin; ship Silvie de
Grasse; schr. 0. C. Raymond; brig Quito; 28th, ship Huntress; bk. Louisi
ana; schr. Gen. Lane; Aug. 7th, bk. Carib; llth, bks. Harpooner, Madonna;
ship Aurora; brig Forrest; bks. Ocean Bird, Diamond, Helen M. Leidler;
Oct. 17th, brigs Quito, Hawkes; 0. C. Raymond, Menzies; Josephine, Melton;
Jno. Petit; Mary and Ellen, Gier; bks. Toulon, Hoyt; Azim, McKenzie;
22d, brig Sarah McFarland, Brooks; 24th, brig Wolcott, Kennedy; Nov.
12th, bk. Louisiana, Williams; brigs Mary Wilder; North Bend, Bartlett;
13th, ship Huntress, Upton; 15th, bks. Diamond, Madonna; 25th, brig Sac
ramento; bk. Ser/uin, Norton; brig Due de Lorqunes, Travillot.
"The schooner Milwaukie, built at Milwaukie bj Lot Witcomband Joseph
OREGON SHIPPING. 49
general light draft, or to an increased knowledge of
the channels of the mouth of the river, few accidents
occurred, and only one American vessel was wrecked
at or near the entrance this year;15 though two
French ships were lost during the summer, one on
the bar in attempting to enter by the south channel,
then changed in its direction from the shifting of the
O O
sands, and the other, by carelessness, in the river
between Astoria and Tongue Point.16
That all this sudden influx of shipping, where so
little had ventured before, meant prosperity to Oregon
tradesmen is unquestionable. Portland, which Petty-
grove had turned his back upon with seventy-five
thousand dollars, was now a thriving port, whose
Kelly, was of planking put on diagonally in several thicknesses, with a few
temporary sawed timbers and natural crooks, and was sold in San Francisco
for $4,000. The General Lane was built at Oregon City by John McClellan,
aided by McLoughlin, and ran to San Francisco. Her captain was Gil-
man, afterward a bar pilot at Astoria. She went directly to Sacramento with
a cargo of lumber and farm products. The Pioneer was put together by a
company at Astoria. Honolulu Friend, Sept. 1, 1849.
15 The brig Josephine was becalmed, whereupon her anchor was let down;
but a gale blowing up in the night she was driven on the sand and dashed to
pieces in the breakers. She was loaded with lumber from the Oregon City
Mills, which was a total loss to the Island Milling Company. Or. Spectator,
Jan. 10, 1850.
16 This latter wreck was of the Silvie de Grasse which brought Thornton
home from Boston. She was formerly a packet of 2,000 tons, built of live-
oak, and running between New York and Havre. She loaded with lumber
for San Francisco, but in descending the river ran upon a rock and split.
Eighteen years afterward her figure-head and a part of her hull stood above
the water. What was left was then sold to A. S. Mercer, the iron being still
in good order, and the locust and oak knees and timbers perfectly sound.
Orer/onian, in Purjp.t Sound Gazette, April 15, 1867. The wreck on the bar was
of L'Etoile du Matin, before mentioned in connection with the return to
Oregon of Archbishop Blanchet, and the arrival of the Catholic reenforce-
ment in 1847. Returning to Oregon in 1849, the captain not rinding a pilot
outside undertook to run in by the south channel, in which attempt he was
formerly so successful, but its course having shifted, he soon found his ship
fast on the sands, while an American bark that had followed him, but drew
10 feet less water, passed safely in. The small life-boats were all lost in
lowering, but after passing through great dangers the ship was worked into
Baker Bay without a rudder, with a loosened keel and most of the pumps
broken, aid having been rendered by Latta of the Hudson's Bay Company and
some Indians. A box rudder was constructed, and the vessel taken to Port
land, and landed where the warehouse of Allen and Lewis later stood. The
cargo belonged to Francis Menes, who saved most of it, and who opened a
store in Oregon City, where he resided four years, finally settling at St Louis
on French Prairie. He died December 1867. The hull of the Morning Star
was sold to Couch and Flanders, and by them to Charles Hutchins, and was
burned for the iron and copper. Eugene La Forrest, in Portland Oregonian,
March 28, 1868.
HIST. OB., VOL. II. 4
50 EFFECT OF THE CALIFORNIA GOLD DISCOVERY.
shore was lined with a fleet of barks, brigs, and ships,
and where wharves and warehouses were in great
demand.17 In Oregon City the mills were kept busy
making flour and lumber,18 and new saw-mills were
erected on the Columbia.19
The farmers did not at first derive much benefit
from the change in affairs, as labor was so high and
scarce, and there was a partial loss of crops in conse
quence. Furthermore their wheat was already in
store with the merchants and millers at a fixed price,
or contracted for to pay debts. They therefore could
not demand the advanced price of wheat till the crop
of 1849 was harvested, while the merchant -millers
had almost a whole year in which to make flour out
of wheat costing them not more than five eighths of
a dollar a bushel in goods, and which they sold at ten
and twelve dollars a barrel at the mills. If able to
send it to San Francisco, they realized double that
price. As with wheat so with other things,20 the
speculators had the best of it.
17 Couch returned in August from the east, in the bark Madonna, with
G-. A. Flanders as mate, in the service of the Shermans, shipping merchants
of New York. They built a wharf and warehouse, and had soon laid the founda
tion of a handsome fortune. Eugene La Forrest, in Portland Oregonian, Jan.
29, 1870; Deady, in Trans. Or. Pioneer Assor., 1876, 33-4. Nathaniel Crosby,
also of Portland, was owner of the 0. C. Raymond, which carried on so profit
able a trade that he could afford to pay the master §300 a month, the mate
$200, and ordinary seamen $100. He had built himself a residence costing
$5,000 before the gold discovery. Honolulu Friend, Oct. 15, 1849.
18 McLoughlin's miller was James Bachan, a Scotchman. The island grist
mill was in charge of Robert Pentland, an Englishman, miller for Abernethy.
Crawford's Nar., MS.
19 A mill was erected in 1848 on Milton Creek, which falls into Scappoose
Bay, an inlet of the lower Willamette at its junction with the Columbia, where
the town of Milton was subsequently laid off and had a brief existence. It
was owned by T. H. Hemsaker, and built by Joseph Cunningham. It began
running in 1849, and was subsequently sold to Captain N. Crosbey and Thomas
W. Smith, who employed the bark Louisiana, Captain Williams, carrying
lumber to San Francisco. Crawford's Nar., MS. , 217. By the bark Diamond,
which arrived from Boston in August, Hiram Clark supercargo, Abernethy
received a lot of goods and took Clark as partner. Together they built a saw
and planing mill on the Columbia at Oak Point, opposite the original Oak
Point of the Winship brothers, a more convenient place for getting timber or
loading vessels than Oregon City. The island mill at the latter place was
rented to Walter Pomeroy, and subsequently sold, as I shall relate hereafter.
Another mill was erected above and back of Tongue Point by Henry Marland
in 1849. Id.; Honolulu Friend, Oct. 3, 1849.
20 In the Spectator of Oct. 18, 1849, the price of beef on foot is given at
6 and 8 cents; in market, 10 and 12 cents per pound; pork, 16 and 20 cents;
MIND AND HABITS UNSETTLED. 51
When the General Lane sailed from Oregon City
with lumber and provisions, there were several tons
of eggs on board which had been purchased at the
market price, and which were sold by the captain at
thirty cents a dozen to a passenger who obtained for
them at Sacramento a dollar each. The large increase
of home productions, with the influx of gold by the
return of fortunate miners, soon enabled the farmers
to pay off their debts and improve their places, a labor
upon which they entered with ardor in anticipation of
the donation law. Some of those who could arrange
their affairs, went a second time to California in 1849;
among the new companies being one of several hun
dred Canadians and half-breeds, under the charge of
Father Delorme, few of whom ever returned alive,
owing to one of those mysterious epidemics, developed
under certain not well understood conditions, attack
ing their camp.21
On the whole the effect of the California gold dis
covery was to unsettle the minds of the people and
change their habits. To the Hudson's Bay Company
it was in some respects a damage, and in others a
benefit. The fur-trade fell off, and this, together with
the operation of the treaty of 1846, compelling them
to pay duties on goods from English ports, soon
effected the abandonment of their business in United
States territory. For a time they had a profitable
trade in gold-dust, but when coined gold and American
and Mexican money came into free circulation, there
was an end of that speculation.22 Every circumstance
now conspired to drive British trade out of Oregon
butter, 62 and 75 cents; cheese, 50 cents; flour, $14 per barrel; wheat, $1.50
and $2 per bushel, and oats the same. Potatoes were worth $2.50 per bushel;
apples, $10. These were the articles produced in the country, and these
prices were good. On the other hand, groceries and dry goods, which were
imported, cost less than formerly, because, while consumption was less, more
cargoes were arriving. Iron and nails, glass and paint were still high, and
cooking-stoves brought from $70 to $130.
21 F. X. Matthieu, ^
who was one of the company, says that out of COO only
150 remained alive, and that Delorme narrowly escaped. Refugee, MS., 15;
Blanche? s Hist. Cath. Ch. in Or., 180.
22 Roberts' Recollections, MS., 81; Anderson's Northwest Coast, MS., 38.
52 EFFECT OF THE CALIFORNIA GOLD DISCOVERY.
as fast as the country could get along independently
of it ; and inasmuch as the fur company had, through
the dependence of the American community upon
them, been enabled to make a fair profit on a large
amount of goods, it was scarcely to be regretted that
they should now be forced to give way, and retire to
new territory where only fur companies properly be
long.
Among the events of 1849 which were directly
due to the mining episode was the minting of about
fifty thousand dollars at Oregon City, under an act
of the colonial legislature passed at its last session,
without license from the United States. The rea
sons for this act, which were recited in the preamble,
were that in use as currency was a large amount of
gold-dust which was mixed with base metals and im
purities of other kinds, and that great irregularities
in weighing existed, to the injury of the community.
Two members only, Medorum Crawford and W. J.
Martin, voted against the bill, and these entered on
the records a formal protest on the ground that the
measure was unconstitutional and inexpedient.23 The
23 Graver's Or. Archives, 311, 315. The act was approved by the governor
Feb. 16, 1849. According to its pi-ovisions the mint was to be established at
Oregon City; its officers, elected annually by the house of representatives,
were to give each $30,000 bonds, and draw a salary of $1 ,999 each perannum, to
be paid out of proceeds of the institution. The director was empowered to
pledge the faith of the territory for means to put the mint in operation ; and
was required to publish in some newspaper in the territory a quarterly state
ment, or by sending such a report to the county clerk of each county. The
act provided for an assayer and melter and coiner, the latter being forbidden
to use any alloys whatever. The weight of the pieces was to be five penny
weights and ten pennyweights respectively, no more and no less. The dies
for stamping were required to have on one side the Roman figure five, for
the pieces of five pennyweights, and the Roman figure ten, for the pieces of
ten pennyweights, the reverse sides to be stamped with the words Oregon
Territory, and the date of the year around the face, with the 'arms of Ore
gon' in the centre. What then constituted the 'arms of Oregon' is a ques
tion. Brown, Will. Valley, MS., 13, says that only parts of the impression
remain in the Oregon archives, and that it has gone out of the memory of
everybody, including Holderness, secretary of state in 1848. Thornton says
that the auditor's seal of the provisional government consisted of a star in
the centre of a figure so arranged as to represent a larger star, containing the
letters Auditor 0. T., and that it is still preserved in the Oregon archives.
Relics, MS. , 6. But as the law plainly described the coins as having the arms
of Oregon on the same side with the date and the name of the territory, then
if the idea of the legislators was carried out, as it seems to have been, a beaver
THE QUESTION OF COINAGE. 53
reason for the passage of the act was, really, the low
price of gold-dust, the merchants having the power
to fix the rate of gold as well as of wheat, receiving
it for goods at twelve dollars an ounce, the Hudson's
Bay Company buying it at ten dollars and paying in
coin procured for the purpose.24
The effect of the law was to prevent the circulation
of gold-dust altogether, as it forbade weighing. No
steps were taken toward building a mint, which would
have been impossible had not the erection of a terri
torial government intervened. But as there was
henceforth considerable coin coming into the country
to exchange at high prices for every available product,
there was no serious lack of money.25 On the con
trary there was a disadvantage in the readiness with
which silver was introduced from California, barrels
of Mexican and Peruvian dollars being thrown upon
the market, which had been sent to California to pay
for gold-dust. The Hudson's Bay Company allowed
only fifty cents for a Peruvian dollar, while the Amer
ican merchants took them at one hundred cents. Some
of the Oregon miners were shrewd enough to buy up
Mexican silver dollars, and even less valuable coins,
with gold-dust at sixteen dollars an ounce, and take
must have been the design on the territorial seal, as it was on the coins.
All disbursements of the mint, together with the pay of officers, must be made
in the stamped pieces authorized by the act; and whatever remained of profits,
after deducting expenses, was to be applied to pay the Cayuse war expenses.
Penalties were provided for the punishment of any private person who should
coin gold or attempt to pass unstamped gold. The officers appointed were
James Taylor, director; Truman P. Powers, treasurer; W. H. Willson,
melter and coiner, and G. L. Curry, assayer. Or. Spectator, Feb. 22, 1849.
24 Barnes' Or. and Gal., MS., 9; Buck's Enterprises, MS., 8; Brown's Will.
VaL, MS., 14. This condition of the currency caused a petition to be drawn
up and numerously signed, setting forth that in consequence of the neglect of
the United States government the colonists must combine against the greed
of the merchants in this matter. There was gold-dust in the territory, they
declared, to the value of two millions of dollars, and more arriving. Besides
the losses they were forced to bear by the depreciation of gold - dust, there
was the inconvenience of handling it in its original state, and also the loss
attending its frequent division. These objections to a gold-dust currency
being likely to exist for some time, or as long as mining was followed, they
prayed the legislature to pass a coinage act, which was done as I have said.
Or. Archives, MS., 188.
t. Or., MS.
'
54 EFFECT OF THE CALIFORNIA GOLD DISCOVERY.
them to Oregon where dust could be readily obtained
at twelve or fourteen dollars an ounce.26 The gold
coins in general circulation were Spanish doubloons,
halves, and quarters. Such was the scarcity of con
venient currency previous to this overplus that silver
coin had been at a premium of ten per cent,27 but fell
rapidly to one per cent.
The act of the legislature did not escape criticism.28
But before the law could be carried into effect Gov
ernor Lane had issued his proclamation placing the
territory under the government of the United States,
and it became ineffectual, as well as illegal. The
want, however, remaining the same, a partnership
was formed called the Oregon Exchange Company,
which proceeded to coin money after its own fashion,
and on its own responsibility. The members were
W. K. Kilborne, Theophilus Magruder, James Tay
lor, George Abernethy, W. H. Willson, W. H. Rector,
J. G. Campbell, and Noyes Smith. Rector "being the
only member with any mechanical skill " was depu
tized to furnish the stamps and dies, which he did,
using a small machine for turning iron. The engrav
ing was done by Campbell. When all was in readi
ness, Rector was employed as coiner, no assaying
being done or attempt made to part the silver from
the gold. Indeed, it was not then known in Oregon
that there was any silver in the crude metal, and all
the pieces of the same denomination were made of the
same weight, though the color varied considerably.
About thirty thousand dollars were made into five-
26 W. H. Rector's Oregon Exchange, Company, in Or. Archives, MS., 193.
27 Moss1 Pioneer Times, MS., 59.
28 Some severe strictures were passed upon it by A. E. Wait, a lawyer,
and at that time editor of the Spectator, who declared with emphasis that the
people of Oregon desired no law which conflicted with the laws of the United
States; but only asked for the temporary privilege under the provisional gov
ernment of coining gold to meet the requirements of business for the present;
raid that if this act was to be numbered among those which congress was
asked to confirm, it was a direct insult to the United States. Wait may have
been right as to the general sentiment of the people, or of the best and most
patriotic men of the American party, but it is plain from the language of the
memorial to the legislature that its framers were in a mood to defy the gov
ernment which had so long appeared to be unmindful of them.
BEAVER MONEY.
55
dollar pieces ; and not quite the same amount into ten-
dollar coins.29 This coinage raised the price of dust
from twelve to sixteen dollars an ounce, and caused a
great saving to the territory. Being thrown into cir
culation, and quickly followed by an abundance of
money from California, the intended check on the
avarice of the merchants was effected.30 The Oregon
Exchange coinage went by the name 'beaver money/
and was eventually all called in by the United States
mint in San Francisco, a premium being paid upon it,
as it was of greater value than the denominations on
the coins indicated.31
I have said that the effect of the gold discovery
was to change the habits of the people. Where all
29 The ten-dollar pieces differed from the fives by having over the beaver
only the letters 'K. M. T. R. C. S.' underneath which were seven stars. Be-
TEK DOLLABS.
FIVE DOLLARS.
neath the beaver was '0. T., 1849.' On the reverse was 'Oregon Exchange
Company' around the margin, and ' 10 D. 20 G. Native Gold' with 'Ten D.' in
the centre. Thornton's Or. Relics, MS., 5.
30 Or. Archives, MS., 192-5; Buck's Enterprises, MS., 9-10. Rector says:
'I afterward learned that Kilborne took the rolling-mill to Umpqua. John
O. Campbell had the dies the last I knew of them. He promised to destroy
them;' to which J. Henry Brown adds that they were placed in the custody
of the secretary of state, together with a $10 piece, and that he had made
several impressions of the dies in block tin. A set of these impressions was
presented to me in 1878 by Mr Brown, and is in my collection.
31 Or. Archives, MS., 191, 196. Other mention of the 'beaver money' is
made in Or. Pioneer Asso. Trans., 1875, 72, and Portland Oregonian, Dec. 8,
1866.
56 EFFECT OF THE CALIFORNIA GOLD DISCOVERY.
was economy and thrift before, there was now a ten
dency to profligacy and waste. This was natural.
They had suffered -so long the oppression of a want
that could not be relieved, and the restraint of desires
that could not be gratified without money, that when
money came, and with such ease, it was like a draught
of brandy upon an empty stomach. There was in
toxication, sometimes delirium. Such was, especially
the case with the Canadians,32 some of whom brought
home thirty or forty thousand dollars, but were unable
to keep it. The same was true of others. The pleasure
of spending, and of buying such articles of luxury
as now began to find their way to Oregon from an
overstocked California market, was too great to be
resisted. If they could not keep their money, how
ever, they put it into circulation, and so contributed
to supply a want in the community, and enable those
who could not go to the mines, through fear of losing
their land claims, or other cause, to share in the golden
harvest.33
It has been held by some that the discovery of
gold at this time seriously retarded the progress of
Oregon.34 This was not the case in general, though
it may have been so in particular instances. It
took agriculturists temporarily from their farms and
mechanics from their shops, thereby checking the
steady if slow march of improvement. But it found
a market for agricultural products, raising prices
several hundred per cent, and enabled the farmer to
get gold for his produce, instead of a poor class of
goods at exorbitant prices. It checked for two or
three years the progress of building. While mill-
owners obtained enormous prices for their lumber,
the wages of mechanics advanced from a dollar and a
half a day to eight dollars, and the day laborer was
able to demand and obtain four dollars per day33
32 Anderson's Northwest Coast, MS., 37-9; Johnson's Cal and Or., 206-7.
83 Saywardjs Pioneer Remin., MS., 7.
34 Deady, in Overland Monthly, i. 36; Honolulu Friend, May 3, 1851.
85 Brown's Autobiography, MS., 37; Strong's Hist. Or., MS., 15.
WAGES AND DEBTS. 57
where he had received but one. Men who before were
almost hopelessly in debt were enabled to pay. By
the amended currency law, all debts that had to be
collected by law were payable in gold instead of
wheat. Many persons were in debt, and their credit
ors hesitated to sell their farms and thus ruin them;
but all the same the dread of ruin hung over them,
crushing their spirits. Six months in the gold mines
changed all, and lifted the burden from their hearts.
Another good effect was that it drew to the country
a class, not agriculturists, nor mechanics, nor profes
sional men, but projectors of various enterprises bene
ficial to the public, and who in a short time built
steamboats in place of sloops and flatboats, and estab
lished inland transportation for passengers and goods,
which gradually displaced the pack-train and the
universal horseback travel. § These new men enabled
the United States government to carry out some of
its proposed measures of relief in favor of the people
of Oregon, in the matter of a mail service, to open
trade with foreign ports, to establish telegraphic com
munication with California, and eventually to introduce
railroads. These were certainly no light benefits, and
were in a measure the result of the gold discovery.
Without it, though the country had continued to fill
up with the same class of people who first settled
it, several generations must have passed before so
much could have been effected as was now quickly
accomplished. Even with the aid of government the
country must have progressed slowly, owing to its
distance from business and progressional centres, and
the expense of maintaining intercourse with the parent
government. Moreover, during this period of slow
growth the average condition of the people with re
spect to intellectual progress would have retrograded.
The adult population, having to labor for the support
of families, and being deprived through distance and
the want of money from keeping up their former
intellectual pursuits, would have ceased to feel their
53 EFFECT OF THE CALIFORNIA GOLD DISCOVERY.
former interest in learning and literature. Their chil
dren, with but poor educational facilities and without
the example, would have grown up with acquire
ments inferior to those of their parents before emi
grating. Reared in poor houses, without any of the
elegancies of life,36 and with but few of the ordinary
conveniences, they would have missed the refining
influences of healthy environment, and have fallen
below the level of their time in regard to the higher
enjoyments of living. The people being chiefly agri
cultural and pastoral, from their isolation would have
become fixed in their ideas and prejudices. As the
means of living became plenty and little exertion was
required, they would become attached to an easy,
careless, unthinking mode of existence, with a ten
dency even to resent innovations in their habits to
which a higher degree of civilization might invite
them. Such is the tendency of poverty and isolation,
or of isolation and rude physical comforts, without
some constant refining agency at hand.
One of the immediate effects of the mining exodus
of 1848 was the suspension of the legislature.37 On
the day appointed by law for the assembling of the
legislative body only nine members were present,
representing four counties; and this notwithstanding
the governor had issued proclamations to fill vacan
cies occurring through the resignation of members-
elect.38 Even after the sergeant-at-arrns had com
pelled the appearance of four members from Cham-
56 Strong's Hist. Or., MS., 21.
37 The members elect of the legislature were : from Clackamas, A. L. Love-
joy, G. L. Curry, J. L. Snook; Tualatin, Samuel R. Thurston, P. H. Bur
nett, Ralph Wilcox; Champoeg, Albert Gains, Robert Newell, W. J. Bailey,
William Porter; Yamhill, A. J. Hembree, L. A. Rice, William Martin;
Polk, Harrison Linville, J. W. Nesmith, 0. Russell; Linn, Henry J. Peter
son, Anderson Cox; Lewis, Levi L. Smith; Clatsop, A. H. Thompson; Van
couver, Adolphus L. Lewis. Grovels Or. Archives, 258.
38 The members elected to fill vacancies were Samuel Parker, in Cham
poeg County; D. Hill, in Tualatin; A. F. Hedges and M. Crawford, in Clack
amas. Id., 260. Two other substitutes were elected — Thomas J. Lovelady
of Polk county, and A. M. Locke of Benton, neither of whom served.
THE WHEELS OF LEGISLATION. 59
poeg, Polk, and Linn counties, there were still but
thirceen out of twenty-three allowed by the appor
tionment. After organizing by choosing Ralph Wil-
cox speaker, W. G. T' Vault chief clerk, and William
Holmes sergeant-at-arms and door-keeper, the house
adjourned till the first Monday in February, to give
time for special elections to fill the numerous vacan
cies.
The governor having again issued proclamations to
the vacant districts to elect, on the 5th of February
1849 there convened at Oregon City the last session
of the provisional legislature of the Oregon colony.
It consisted of eighteen members, namely: Jesse
Applegate, W. J. Bailey, A. Cox, M. Crawford, G.
L. Curry, A. F. Hedges, A. J. Hembree, David
Hill, John Hudson, A. L. Lewis, W. J. Martin, S.
Parker, H. J. Peterson, William Portius, L. A. Rice,
S. R. Thurston, J. C. Avery, and Ralph Wilcox.39
Lewis County remained unrepresented, nor did
Avery of Benton appear until brought with a war
rant, an organization being effected with seventeen
members. Wilcox declining to act as speaker, Levi
A. Rice was chosen in his place, and sworn into office
by S. M. Holderness, secretary of state. T'Vault
was reflected chief clerk; James Cluse enrolling clerk;
39 Ralph Wilcox was born in Ontario county, New York, July 9, 1818. He
graduated at Geneva medical college in that state, soon after which he re
moved to Missouri, where on the llth of October 1845 he married, emigrat
ing to Oregon the following year. In January 1847 he was appointed by
Abernethy county judge of Tualatin vice W. Burris resigned, and the same
year was elected to the legislature from the same county, and re-elected in
1848. Besides being chosen speaker at this session, he was elected speaker of
the lower house of the territorial legislature in 1850-1, and president of the
council in 1853-4. During the years 1856-8 he was register of the U. S.
land office at Oregon City, and was elected in the latter year county judge of
Washington (formerly Tualatin) county, an office which he held till 1862,
when he was again elected to the house of representatives for two years. In
July 1865 he was appointed clerk of the U. S. district court for the district
of Oregon, and U. S. commissioner for the same district, which office he con
tinued to hold down to the time of his death, which occurred by suicide,
April 18, 1877, having shot himself in a state of mental depression caused by
paralysis. Notwithstanding his somewhat free living he had continued to
enjoy the confidence of the public for thirty years. The Portland bar
passed the usual eulogistic resolutions. Oregon City Enterprise, April 26, 1877;
S. F. Alta, April 19, 1877; Cal. Christian Advocate, May 3, 1877; Portland
Oreyonian, April 21, 1877; Deady, in Or. Pioneer Asso. Trans., 1875, 37-8.
60 EFFECT OF THE CALIFORNIA GOLD DISCOVERY.
Stephen H. L. Meek sergeant-at-arms, and Wilson
Blain chaplain.
Abernethy in his message to the legislature informed
them that his proclamation had called them together
for the purpose of transacting the business which
should have been done at the regular session, relating
chiefly to the adjustment of the expenses of the
Cayuse war, which it was expected the United States
government would assume; and also to act upon the
amendments to the organic law concerning the oath
of office, the prohibition of the sale and manufacture
of ardent spirits, and to make the clerks of the sev
eral counties recorders of land claims, which amend
ments had been sanctioned by the vote of the people
at the regular election. Information had been re
ceived, he said, that the officers necessary to establish
and carry on the territorial government, for which
they had so long hoped, were on their way and would
soon arrive;40 and he plainly indicated that he expected
the matters pointed out to be settled in a certain way,
before the new government should be established,
confirming the acts of the retiring organization.41
The laws passed relating to the Cayuse war were
an act to provide for the pay of the commissioned offi-
40 This information seems to have been brought to Oregon in January
1849, by 0. C. Pratt, one of the associate- judges, who happened to be in Cali
fornia, whither he had gone in pursuit of health. His commission met him
at Monterey about the last of Nov., and in Dec. he left for Oregon on the
bark Undine which after a long voyage, and being carried into Shoalwater
Bay, finally got into the Columbia in Jan. Salem Or. Statesman, Aug. 7, 1852;
Or. Spectator, Jan. 25, 1849.
41 He submitted the report of the adjutant-general, by which it appeared
that the amount due to privates and non-commissioned officers was $109,-
311.50, besides the pay of the officers and those persons employed in the
different departments. He recommended that a law should be passed author
izing scrip to be issued for that amount, redeemable at an early date, and
bearing interest until paid. The belief that the general government would
become responsible would, he said, make the scrip salable, and enable the
holders to whom it should be issued to realize something immediately for
their services. Graver's Or. Archives, 273. This was the beginning of specu
lation in Oregon war scrip. As to the report of the commissary and quarter
master-general, the governor left that for the legislature to examine into, and
the accounts so far as presented in these departments amounted to something
like $57,000, making the cost of the war without the salaries of the commis
sioned officers over $166,000. This was subsequently much reduced by a
commission, as I shall show iu the proper place.
ACTS PASSED. 61
cers employed in the service of the territory during
the hostilities, and an act regulating the issuing and
redemption of scrip,42 making it payable to the person
to whom first issued, or bearer, the treasurer being
authorized to exchange or redeem it whenever offered,
with interest. Another act provided for the manner
of exchange, and interest payments. An act was
passed making a change in the oath of office, and
making county clerks recorders of land claims, to
which the governor refused his signature on the plea
that the United States laws would provide for the
manner of recording claims. On the other hand the
legislature refused to amend the organic law by put
ting in the word 'prohibit' in place of 'regulate,' but
passed an act making it necessary for every person
applying for a license to sell or manufacture ardent
spirits, to take an oath not to sell, barter, or give
liquor to any Indian, fixing the penalty at one hundred
dollars; and no distilleries were to be allowed beyond
the limits of the white settlements. With this poor
substitute for the entire interdiction he had so long
desired, the governor was compelled to be so far sat
isfied as to append his signature.
Besides the act providing for weighing and stamp
ing gold, of which I have spoken, little more was done
than is here mentioned. . Some contests took place
between members over proposed enactments, and
Jesse Applegate,43 as customary with him, offered
42 The first act mentioned here I have been unable to find. I quote the
Or. Spectator, Feb. 22, 1849. In place of it I find in the Or. Laws, 1843-9,
56-8, an act providing for 'the final settlement of claims against the Oregon
government for and on account of the Cayuse war, ' by which a board of com
missioners was appointed to settle and adjust those claims; said commission
ers being Thomas Magruder, Samuel Burch. and Wesley Shannon, whose
duty was to exhibit in detail a statement of all accounts, whether for money
or property furnished the government, or for services rendered, 'either as a
citizen, soldier, or officer of the army.' This might be construed as an act
to provide for the pay of commissioned officers.
^43 Ever since first passing throtigh southern Oregon on his exploring expe
dition, he had entertained a high opinion of the country; and he brought in
a bill to charter an association called the Klamath Company, which was to
have power to treat with the natives and purchase lands from them. Mr
Hedges opposed the bill, and offered a resolution, ' that it was not in the
power of the house to grant a charter to any individual, or company, for
62 EFFECT OF THE CALIFORNIA GOLD DISCOVERY.
resolutions and protests ad arbitrium et propositum.
Another man, Samuel R Thurston, an emigrant of
1847, displayed indications of a purpose to make his
talents recognized. In the course of proceedings A.
L. Lewis, of Vancouver county, offered a resolution
that the superintendent of Indian affairs be required
to report,44 presently asking if there were an Indian
superintendent in Oregon at all.
The governor replied that H. A. G. Lee had re
signed the superintendency because the compensation
bore no proportion to the services required, and that
since Lee's resignation he had performed the duties of
superintendent, not being able to find any competent
person who would accept the office. In a second com
munication he reported on Indian affairs that the
course pursued had been conciliatory, and that the
Indians had seemingly become quiet, and had ceased
their clamor for pay for their lands, waiting for the
United States to move in the matter; and the Cay use
murderers had not been secured. With regard to the
confiscation of Indian lands, he returned for answer
treating for wild lands in the territory, or for holding treaties with the Indian
tribes for the purchase of lands,' all of which was very apparent. But Mr
Applegate introduced the counter resolution ' that if the doctrine in the reso
lution last passed be true, then the powers of the Oregon government are un
equal to the wants of the people,' which was of course equally true, as it was
only provisional.
44 He wished to know, he said, whether the superintendent had upon his
own or the authority of any other officer of the government confiscated to
the use of the people of Oregon any Indian country, and if so, why ; if any
grant or charter had been given by him to any citizen or citizens for the set
tlement of any Indian country, and if so, by what authority; and whether he
had enforced the law prohibiting the sale of liquor to Indians. 'A. Lee Lewis, '
says Applegate, ' a bright young man, the son of a chief factor, afterward
superintendent of Indian affairs, was the first representative of Vancouver
district.' Views of Hist., MS., 45. Another British subject, who took a part
in the provisional government, was Richard Lane, appointed by Abernethy
county judge of Vancouver in 1847, vice Dugald McTavish resigned. Or. Spec
tator, Jan. 21, 1847. Lane came to Oregon in 1837 as a clerk to the Hudson's
Bay Company. He was a ripe scholar and a good lawyer. He lived for
some time at Oregon City, and afterward at Olympia, holding various offices,
among others those of clerk of one branch of the territorial legislature of
Washington, clerk of the supreme and district courts, county auditor, and
clerk of the city corporation of Olympia. He died at The Dalles in the
spring of 1877, from an overdose of morphine, apparently taken with sui
cidal intent. He was then about sixty years of age. Dalles Mountaineer,
in Seattle Pacific Tribune, March 2, 1877.
IMMIGRATION. 63
that he believed Lee had invited the settlement of
Americans in the Ca}nise country, but that he knew
nothing of any charter having been granted to any
one, and that he presumed the settlement would have
been made by each person locating a claim of six
hundred and forty acres. He reiterated the opinion
expressed to Lee, when the superintendent sought
his advice, that the Cayuses having been engaged in
war with the Americans the appropriation of their
lands was justifiable, and would be so regarded by the
neighboring tribes. As to liquor being sold to the
Indians, though he believed it was done, he had never
yet been able to prove it in a single instance, and
recommended admitting Indian testimony.
The legislature adjourned February 16th, having
put, so far as could be done, the provisional govern
ment in order, to be confirmed by act of congress,
even to passing an act providing for the payment of
the several departments — a necessary but hitherto
much neglected duty of the organization45 — and also
to the election of territorial officers for another term.46
These were never permitted to exercise official func
tions, as but two weeks elapsed between the close of
the session and the arrival of Lane .with the new order
of things.
Note finally the effect of the gold discovery on
immigration. California in 1849 of course offered
45 The salary of the governor was nominally $500, but really nothing, as
the condition of the treasury was such as to make drafts upon it worthless
except in a few cases. Abernethy did not receive his pay from the provisional
government, and as the territorial act did not confirm the statutes passed by
the several colonial legislatures, he had no redress. After Oregon had become
a state, and when by a series of misfortunes he had lost nearly all his posses
sions, after more than 20 years' waiting Abernethy received his salary as
governor of the Oregon colony by an appropriation of the Oregon legislature
Oct. 1872. The amount was $2,986.21, which congress was asked to make
good to the state.
46 A. L. Lovejoy was elected supreme judge in place of Columbia Lan-
treasurer; John G. Campbell, auditor; W. H. Bennett, marshal, and A. Lee
Lewis, superintendent of Indian affairs. Or. Spectator, Feb. 22, 1849.
64 EFFECT OF THE CALIFORNIA GOLD DISCOVERY.
the great attraction. The four or five hundred who
were not dazzled with the visions of immediate
wealth that beckoned southward the great army of
gold-seekers, but who suffered with them the common
discomforts of the way, were glad to part company
at the place where their roads divided on the western
slope of the Rocky Mountains.
On the Oregon part of the road no particular dis
couragement or distress befell the travellers until
they reached The Dalles and began the passage of the
mountains or the river. As no emigration had ever
passed over the last ninety miles of their journey to
the Willamette Valley without accident or loss, so
these had their trials with floods and mountain de
clivities,47 arriving, however, in good time, after having
been detained in the mountains by forest fires which
blocked the road with fallen timber. This was an
other form of the inevitable hardship which year
after year fell upon travellers in some shape on this
part of their journey. The fires were an evidence
that the rains came later than usual, and that the
former trials from this source of discomfort were thus
absent.43 Such was the general absorption of the
public mind in other affairs that the immigration re
ceived little notice.
Before gold was discovered it was land that drew
men to the Pacific, land seen afar off through a rosy
mist which made it seem many times more valuable
and beautiful than the prolific valleys of the middle
and western states. And now, even before the dona
tion law had passed, the tide had turned, and gold was
the magnet more potent than acres to attract. How
far population was diverted from the north-west, and
to what extent California contributed to the develop-
47 Gen. Smith in his report to the secretary of war said that the roads to
Oregon were made to come into it, but not to go out of it, referring to the steep
descents of the western declivities of the Cascade Mountains.
48 A long dry autumn in 1849 was followed by freshets in the Willamette
Valley in Dec. and Jan., which carried off between $40,000 and §50, 000 worth
of property. Or. Spectator, Jan. 10, 1850.
ABSENCE OF THE INFERNO. 65
ment of the resources of Oregon,49 the progress of this
history will show. Then, perhaps, after all it will be
seen that the distance of Oregon from the Sierra
Foothills proved at this time the greatest of blessings,
being near enough for commercial communication, and
yet so far away as to escape the more evil conse
quences attending the mad scramble for wealth, such
as social dissolution, the rapine of intellect and prin
ciple, an overruling spirit of gambling — a delirium of
development, attended by robbery, murder, and all
uncleanness, and followed by reaction and death.
49 When J. Q. Thornton was in Washington in 1848, he had made a seal
for the territory, the design of which was appropriate. In the centre a shield,
two compartments. Lower compartment, in the foreground a plough; in
the distance, mountains. In the upper compartment, a ship under full sail.
The crest a beaver; the sinister supporter an Indian with bow and arrow,
and a mantle of skins over his shoulders; the dexter supporter an eagle
with wings displayed; the motto — alls volet proprOs — I fly with my own wing.
Field of the lower compartment argent; of the upper blue. This seal was
presented to the governor and secretary in 1850, and by them adopted. By
act of Jan. 1854, it was directed to be deposited, and recorded in the office
of the secretary, to remain a public record; but so far as can be ascertained
it was never done. Or. Gen. Laws, 1845-1864, p. 627. For fac-simile of seal
see p. 487, this vol.
HIST. OR., VOL. II. 5
CHAPTER III.
LANE'S ADMINISTRATION,
1849-1850.
INDIAN AFFAIRS — TROUBLES is COWLITZ VALLEY — FORT NISQUALLY AT
TACKED — ARRIVAL OF THE UNITED STATES SHIP 'MASSACHUSETTS' — A
MILITARY POST ESTABLISHED NEAR NISQUALLY — THORNTON AS SUB-
INDIAN AGENT — MEETING OF THE LEGISLATIVE ASSEMBLY — MEASURES
ADOPTED — JUDICIAL DISTRICTS— A TRAVELLING COURT OF JUSTICE —
THE MOUNTED RIFLE REGIMENT — ESTABLISHMENT OF MILITARY POSTS
AT FORT HALL, VANCOUVER, STEILACOOM, AND THE DALLES— THE VAN
COUVER CLAIM— GENERAL PERSIFER F. SMITH — His DRUNKEN SOL
DIERS—THE DALLES CLAIM— TRIAL AND EXECUTION OF THE WHITMAN
" MURDERERS.
GOVERNOR LANE lost no time in starting the political
wheels of the territory. First a census must be taken
in order to make the proper apportionment before or
dering an election; and this duty the marshal and his
deputies quickly performed.1 Meanwhile the governor
applied himself to that branch of his office which made
him superintendent of Indian affairs, the Indians
themselves — those that were left of them — being
prompt to remind him of the many years they had
been living on promises, and the crumbs which were
dropped from the tables of their white brothers. The
result was more promises, more fair words, and further
assurances of the intentions of the great chief of the
Americans toward his naked and hungry red children.
Nevertheless the superintendent did decide a case
JThe census returns showed a total of 8,785 Americans of all ages and
both sexes and 298 foreigners. From this enumeration may be gathered
some idea of the great exodus to the gold mines of both Americans and Brit
ish subjects. Indians and Hawaiians were not enumerated. Honolulu Friend,
Oct. 1849, 51.
(66)
PACIFICATIONS. 67
against some white men of Linn City who had pos
sessed themselves of the site of a native fishing village
on the west bank of the Willamette near the falls,
after maliciously setting fire to the wretched habita
tions and consuming the poor stock of supplies
contained therein. The Indians were restored to
their original freehold, and quieted with a promise
of indemnification, which, on the arrival of the first
ten thousand dollar appropriation for the Indian ser
vice in April, was redeemed by a few presents of small
value, the money being required for other purposes,
none having been forwarded for the use of the terri
tory.2
In order to allay a growing feeling of uneasiness
among the remoter settlements, occasioned by the
insolent demeanor of the Kliketats, who frequently
visited the Willamette and perpetrated minor offences,
from demanding a prepared meal to stealing an ox or
a horse, as the Molallas had done on previous occa
sions, Lane visited the tribes near The Dalles and
along the north side of the Columbia, including the
Kliketats, all of whom at the sight of the new white
chief professed unalterable friendship, thinking that
now surely something besides words would be forth
coming. A few trifling gifts were bestowed.3 Pres
ently a messenger arrived from Puget Sound with
information of the killing of an American, Leander C.
Wallace, of Cowlitz Valley, and the wounding, of two
others, by the Snoqualimichs. It was said that they
had concocted a plan for capturing Fort Ni squally
by fomenting a quarrel with a small and inoffensive
tribe living near the fort, and whom they employed
sometimes as herdsmen. They reckoned upon the com
pany's interference, which was to furnish the oppor
tunity. As they had expected, when they began the
'* Honolulu Friend, Oct. 1849, 58; Lane's Kept, in 31st Cong., 2d Sess.y
H. Ex. Doc. 1, 156.
3 Lane says the amount expended on presents was about $200; and that he
made peace between the Walla Wallas and Yakimas who were about to go
to war.
68 LANE'S ADMINISTRATION.
affray, the Indians attacked ran to the fort, and Tolmie,
who was in charge, ordered the gates opened to give
them refuge. At this moment, when the Snoquali-
michs were making a dash to crowd into the fort on
the pretence of following their enemies, Wallace,
Charles Wren, and a Mr Lewis were riding toward
it, having come from the Cowlitz to trade. On seeing
their danger, they also made all haste to get inside,
but were a moment too late, when, the gates being
closed, the disappointed savages fired upon them, as I
have said, besides killing one of the friendly Indians
who did not gain the shelter of the fort.4 Thibault,
a Canadian, then began firing on the assailants from
one of the bastions. The Indians finding they had
failed retreated before the company could attack them
in full force. There was no doubt that had the Sno-
qualimichs succeeded in capturing the fort, they would
have massacred every white person on the Sound.
Finding that they had committed themselves, they
sent word to the American settlers, numbering about
a dozen families, that they were at liberty to go out
of the country, leaving their property behind. But
to this offer the settlers returned answer that they
intended to stay, and if their property was threatened
should fight. Instead of fleeing, they built block
houses at Tumwater and Cowlitz prairie, to which
they could retire in case of alarm, and sent a messen
ger to the governor to inform him of their situation.
There were then at Oregon City neither armies nor
organized courts. Lieutenant Hawkins and five men
4 This is according to the account of the affair given by several authorities.
See Tolmie in the Feb. 3d issue of Truth Teller, a small sheet published at
Fort Steilacoom in 1858; also in Hist. Puget Sound, MS., 33-5. A writer in
the Olympia Standard of April 11, 1868, says that Wren had his back against
the wall and was edging in, but was shut out by Walter Ross, the clerk,
who with one of the Nisquallies was on guard. This writer also says that
Patkanim, a. chief of the Snoqualimichs, afterward famous in the Indian wars,
was inside the fort talking with Tolmie, while the chief's brother shot at and
killed Wallace. These statements, while not intentionally false, were colored
by rumor, and by the prejudice against the fur coinpany, which had its origin
with the first settlers of the Puget Sound region, as it had had in the region
south of the Columbia. See also Roberts' Recollections, MS., 35; Rabbison's
Growth of Towns, MS., 17.
TROUBLES AT NISQUALLY. 69
who had not deserted constituted the military force at
Lane's command. Acting with characteristic prompt
ness, he set out at once for Puget Sound, accompanied
by these, taking with him a supply of arms and
ammunition, andjeaving George L. Curry acting sec
retary by his appointment, Pritchett not yet having
arrived. At Tumwater he was overtaken by an ex
press from Vancouver, notifying him of the arrival
of the propeller Massachusetts, Captain Wood, from
Boston, by way of Valparaiso and the Hawaiian
Islands, having on board two companies of artillery
under Brevet-Major Hathaway, who sent Lane word
that if he so desired, a part of his force should be
moved at once to the Sound.5
Lane returned to the Columbia, at the same time
despatching a letter to Tolniie at Fort Nisqually, re
questing him to inform the hostile Indians that should
they commit any further outrages they would be vis
ited with chastisement, for now he had fighting men
enough to destroy them; also making a request that
no ammunition should be furnished to the Indians.6
His plan, he informed the secretary of war after
ward, was, in the event of a military post being
established on the Sound, to secure the cooperation
of Major Hathaway in arresting and punishing the
Indians according to law for the murder of American
citizens.
On reaching Vancouver, about the middle of June,
he found the Massachusetts ready to depart,7 and
Hathaway encamped in the rear of the Hudson's Bay
Company's fort with one company of artillery, the
other, under Captain B. H. Hill, having been left at
Astoria, quartered in the buildings erected by the
5 The transport Massachusetts entered the Columbia May 7th, by the sail
ing directions of Captain Gelston, without difficulty. Honolulu Friend, Xov.
1, 1849. This was the first government vessel to get safely into the river.
6 Lane's liept. to the Sec. War., in 31st Cong., 2d Sess., II. Ex. Doc. 1, 157.
7 The Massachusetts went to Portland, where she was loaded with lumber
for the use of the government in California in building army quarters at Beni-
cia; the U. S. transport Anita was likewise employed. IiiyoU's llept., in Slat
Cong., 2d Sess., H. Ex. Doc. 1, 284.
70 LANE'S ADMINISTRATION".
Shark's crew in 1846.8 It was soon arranged between
Hathaway and Lane that Hill's company should es
tablish a post near Nisqually, when the Indians would
be called upon to surrender the murderer of Wallace.
The troops were removed from Astoria about the mid
dle of July, proceeding by the English vessel Har-
pooner to Nisqually.
On the 13th of May the governor's proclamation
was issued dividing the territory into judicial districts ;
the first district, to which Bryant, who arrived on the
9th of April, was assigned, consisting of Vancouver
and several counties immediately south of the Colum
bia; the second, consisting of the remaining counties
in the Willamette Valley, to which Pratt was assigned ;
and the third the county of Lewis, or all the country
north of the Columbia and west of Vancouver county,
including the Puget Sound territory, for which there
was no judge then appointed.9 The June election
gave Oregon a bona fide delegate to congress, chosen
by the people, of whom we shall know more presently.
When the governor reached his capital he found
that several commissions, which had been intended to
overtake him at St Louis or Leaven worth, but which
failed, had been forwarded by Lieutenant Beale to
California, and thence to Oregon City. These related
to the Indian department, appointing as sub-Indian
agents J. Q. Thornton, George C. Preston, and
Robert Newell,10 the Abernethy delegate being re
warded at last with this unjudicial office by a relenting
president. As Preston did not arrive with his com
mission, the territory was divided into two districts,
8 The whole force consisted of 161 rank and file. They were companies L
and M of the 1st regiment of U. S. artillery, and officered as follows: Major
J. S. Hathaway commanding; Captain B. H. Hill, commanding company M;
1st lieut., J. B. Gibson, 1st lieut., T. Talbot, 2d lieut., G. Tallmadge, com
pany M; 2d lieut., J. Dement, company L; 2d lieut., J. J. Woods, quarter
master and commissary; 2d lieut., J. B. Fry, adjutant. Honolulu Polynesian,
April 14, 1849.
9 Evans, in New Tacoma Ledger, July 9, 1880.
10 'American Almanac, 1850, 108-9; Or. Spectator, Oct. 4, 1849.
TERRITORIAL LEGISLATURE. 71
and Thornton assigned by the governor to the north
of the Columbia, while Newell was given the country
south of the river as his district. This arrangement
sent Thornton to the disaffected region of Puget
Sound. On the 30th of July he proceeded to Nis-
qually, where he was absent for several weeks, ob
taining the information which was embodied in the
report of the superintendent, concerning the numbers
and dispositions of the different tribes, furnished to
him by Tolmie.11 While on this mission, during
which he visited some of the Indians and made them
small presents, he conceived it his duty to offer a
reward for the apprehension of the principal actors
in the affair at Nisqually, nearly equal to the amount
paid by Ogden for the ransom of all the captives
after the Waiilatpu massacre, amounting to nearly
five hundred dollars. This assumption of authority
roused the ire of the governor, who probably ex
pressed himself somewhat strongly, for Thornton re
signed, and as Newell shortly after went to the gold
mines the business of conciliating and punishing the
Indians again devolved upon the governor.
On the 16th of July the first territorial legislative
assembly met at Oregon City. According to the act
establishing the government, the legislature was
organized with nine councilmen, of three classes,
whose terms should expire with the first, second, and
third years respectively- and eighteen members of
the house of representatives, who should serve for one
year; the law, however, providing for an increase in
the number of representatives from time to time, in
proportion to the number of qualified voters, until the
maximum of thirty should be reached.12 After the
11 Slat Cong., ZdSess., H. Ex. Doc. 1, 161.
12 The names of the councilmen were: W. U. Buck, of Clackamas; Wilson
Blain, of Tualatin; Samuel Parker and Wesley Shannon, of Champoeg; J.
Graves, of Yamhill; W. B. Mealey, of Linn; Nathaniel Ford, of Polk; Norris
Humphrey, of Ben ton; S. T. McKean, of Clatsop, Lewis, and Vancouver coun
ties. The members of the house elected were: A. L. Lovejoy, W. D. Holman,
72 LANE'S ADMINISTRATION.
usual congratulations Lane, in his message to the
legislature, alluded briefly to the Cayuses, who, he
promised, should be brought to justice as soon as the
rifle regiment then on its way should arrive. Con
gress would probably appropriate money to pay the
debt, amounting to about one hundred and ninety
thousand dollars. He also spoke of the Wallace
affair, and said the murderers should be punished.
His suggestions as to the wants of the territory
were practical, and related to the advantages of good
roads; to a judicious system of revenues; to the re
vision of the loose and defective condition of the
statute laws, declared by the organic act to be opera
tive in the territory;13 to education and common
schools; to the organization of the militia; to election
matters and providing for apportioning the repre
sentation of counties and districts to the council and
house of representatives, and defining the qualifica
tion of voters, with other matters appertaining to
government. He left the question of the seat of gov
ernment to their choice, to decide whether it should
be fixed by them or at some future session. He re
ferred with pleasure to the return of many absentees
from the mines, and hoped they would resume the
cultivation of their farms, which from lying idle
would give the country only a short crop, though
there was still enough for home consumption.14 He
and G. Walling, of Clackamas; D. Hill and W. W. Eng, of Tualatin; W.
W. Chapman, W. S. Matlock, and John Grim, of Champoeg; A. J. Hem-
bree, R. Kinney, and J. B. Walling, of Yamhill; Jacob Conser and J. S.
Dunlap, of Linn; H. N. V. Holmes and S. Burch, of Polk; J. Mulkey and
G. B. Smith, of Benton ; and M. T. Simmons from Clatsop, Lewis, and Van
couver counties. Honolulu Friend, Nov. 1, 1849; American Almanac, 1849, 312.
The president of the council was Samuel Parker; the clerk, A. A. Robinson;
sergeant-at-arms, C. Davis; door-keeper, S. Kinney; chaplain, David Leslie.
Speaker of tho house, A. L. Lovejoy; chief clerk, William Porter; assistant
clerk, E. Gendis; sergeant-at-arms, William Holmes; door-keeper, D. D. Bai
ley; chaplain, H. Johnson. Honolulu Friend, Nov. 1, 1849; Or. Spectator, Oct.
18, 1849.
13 Lane's remarks on the laws of the provisional government were more
truthful than flattering, considering what a number had been simply adopted
from the Iowa code. Message in Or. Spectator, Oct. 4, 1849; 31st Cong., 1st
Sess., S. Doc. 52, xiii. 7-12; Tribune Almanac, 1850-51.
14 Patent Office Hept., 1849, ii. 511-12.
ACTS AND MEMORIAL. 73
predicted that the great migration to California would
benefit Oregon, as many of the gold-seekers would re
main on the Pacific coast, and look for homes in the
fertile and lovely valleys of the new territory. And
last, but by no means least in importance, was the
reference to the expected donation of land for which
the people were waiting, and all the more anxiously
that there was much doubt entertained of the tenure
by which their claims were now held, since the only
part of the did organic law repealed was that which
granted a title to lands.15 He advised them to call
the attention of congress to this subject without
delay. In short, if Lane had been a pioneer of 1843
he could not have touched upon all the topics nearest
the public heart more successfully. Hence his imme
diate popularity was assured, and whatever he might
propose was likely to receive respectful consideration.
The territorial act allowed the first legislative as
sembly one hundred days, at three dollars a day, in
which to perform its work. A memorial to congress
occupied it two weeks; still, the assembly closed its
labors in seventy-six days,16 having enacted what the
Spectator described as a " fair and respectable code of
laws," and adopted one hundred acts of the Iowa stat
utes. The memorial set forth the loyalty of the peo
ple, and the natural advantages of the country, not
forgetting the oft-repeated request that congress
would grant six hundred and forty acres of land to
each actual settler, including widows and orphans;
and that the donations should be made to conform to
the claims and improvements of the settlers; but if
congress decided to have the lands surveyed, and to
make grants by subdivisions, that the settler might be
permitted to take his land in subdivisions as low as
twenty acres, so as to include his improvements, with
out regard to section or township lines. Jhe govern-
15 Or. Gen. Laws, 1843-9, 60.
16 The final adjournment was on the 29th of September, a recess having
been taken to attend to gathering the ripened wheat in August, there being
no other hands to employ in this labor. Deady's Hist. Or., MS., 3-5.
74 LANE'S ADMINISTRATION.
merit was reminded that such a grant had been long
expected; that, indeed, congress. was responsible for
the expectation, which had caused the removal to
Oregon of so large a number of people at a great cost
to themselves; that they were happy to have effected
by such emigration the objects which the government
had in view, and to have been prospectively the pro
moters of the happiness of millions yet unborn, and
that a section of land to each would no more than pay
them for their trouble. The memorial asked payment
for the cost of the Cayuse war, and also for an appro
priation of ten thousand dollars to pay the debt of
the late government, which, adopted as a necessity,
and weak and inefficient as it had been, still sufficed to
regulate society and promote the growth of whole
some institutions.17 A further appropriation of twenty
thousand dollars was asked for the erection of public
buildings at the seat of government suitable for the
transaction of the public business, which was no more
than had been appropriated to the other territories
for the same purpose. A sum sufficient for the erec
tion of a penitentiary was also wanted, and declared
to be as much in the interest of the United States
as of the territory of Oregon.
With regard to the school lands, sections sixteen
and thirty-six, which would fall upon the claims of
some settlers, it was earnestly recommended tjiat
congress should pass a law authorizing the township
authorities, if the settlers so disturbed should desire,
to select other lands in their places. At the same
time congress was reminded that under the distribu
tion act, five hundred thousand acres of land were
given to each new state on coming into the union;
and the people of Oregon asked that the territory be
allowed to select such lands immediately on the public
17 Congress neVer paid this debt. In 1862 the state legislature passed an
act constituting the secretary commissioner of the provincial government
debt, and register of the claims of scrip-holders. A report made in 1864
shows that claims to the amount of $4,574.02 only had been proven. 'Many
were never presented.
JUDICIAL DISTRICTS. 75
surveys being made, and also that a law be passed
authorizing the appropriation of said lands to the
support of the common schools.
A military road from some point on the Columbia
below the cascades to • Puget Sound was asked for;
also one from the sound to a point on the Columbia,
near Walla Walla;18 also one from The Dalles to the
Willamette Valley; also that explorations be made
for a road from Bear River to the Humboldt, crossing
the Blue Mountains north of Klamath Lake, and
entering the Willamette Valley near Mount Jefferson
and the Santiam River. Other territorial and post
roads were asked for, and an appropriation to make
improvements at the falls of the Willamette. The
usual official robbery under form of the extinguish
ment of the Indian title, and their removal from the
neighborhood of the white settlements, was unblush-
ingly urged. The propriety of making letters to
Oregon subject to the same postage as letter.8 within
the States was suggested. Attention was called to
the difficulties between American citizens and the
Puget Sound Agricultural Company with regard to
the extent of the company's claim, which was a large
tract of country enclosed within undefined and imagi
nary lines. They denied the right of citizens of the
United States to locate on said lands, while the people
contended that the company had no right to any
lands except such as they actually occupied at the
time of the Oregon treaty of 1846. The government
was requested to purchase the lands rightfully held
by treaty in order to put an end to disputes. The
memorial closed by coolly asking for a railroad and
telegraph to the Pacific, though there were not people
enough in all Oregon to make a good-sized country
town.19
This document framed, the business of laying out
18 Pierre C. Pambrun and Cornelius Rogers explored the Nisqually Pass a3
early as 1839, going from Fort Walla Walla to Fort Nisqually by that route.
Or. Spectator, May 13, 1847.
19 Or&joti Archives, MS., 176-186; Slat Cong.,2d Sess., Sen. Mis. Doc. 5, 6.
76 LANE'S ADMINISTRATION.
the judicial districts was attended to. Having first
changed the names of several counties,20 it was decreed
that the first judicial district should consist of Clack-
amas, Marion, and Linn; the second district of Ben-
ton, Polk, Yamhill, and Washington ; and the third of
Clarke, Clatsop, and Lewis. The time for holding
court was also fixed.21
While awating a donation law an act was passed
declaring the late land law in force, and that any per
son who had complied or should thereafter comply
with its provisions should be deemed in possession to
every part of the land within his recorded boundary,
not exceeding six hundred and forty acres. But the
same act provided that no foreigner should be en
titled to the benefits of the law, who should not
have, within six months thereafter, filed his declara
tion of intention to become a citizen of the United
States.22
The new land law amended the old to make it con
form to the territorial act, declaring that none but
white male citizens of the United States, over eigh
teen years of age, should be entitled to take claims
under the act revived. The privilege of holding
claims during absence from the territory by paying
five dollars annually was repealed ; but it was declared
not necessary to reside upon the land, if the claimant
continued to improve it, provided the claimant should
not be absent more than six months. It was also de-
20 The first territorial legislature changed the name of Champoeg county to
Marion; of Tualatin to Washington, and of Vancouver to Clarke. Or. Spec
tator, Oct. 18th.
21 As there was yet no judge for the third judicial district, and the time
for holding the court in Lewis county had been appointed for the second Mon
day in May and November, Governor Lane prevailed upon the legislature to
attach the county of Lewis to the first judicial district which was to hold
its first session on the first Monday in September^ and to appoint the first
Monday in October for holding the district court at Steilacoom in the county
of Lewis. This change was made in order to bring the trial of the Snoqua-
limichs in a season of the year when it would be possible for the court to travel
to Puget Sound.
22 ' During the month of May several hundred foreigners were naturalized.'
Honolulu Friend, Oct. 1, 1849. There was a doubt in the mind of Judge
Bryant whether Hawaiians could become naturalized, the law of congress being
explicit as to negroes and Indians, but not mentioning Sandwich Islanders.
SCHOOL LAW. 77
clared that land claims should descend to heirs at law
as personal property.
An act was passed at this session which made it
unlawful for any negro or mulatto to come into or
reside in the territory; that masters of vessels bring
ing them should be held responsible for their conduct,
and they should not be permitted to leave the port
where the vessel was lying except with the consent
of the master of the vessel, who should cause them
to depart with the vessel that brought them, or some
other, within forty days after the time of their ar
rival. Masters or owners of vessels failing to observe
this law were made subject to fine not less than five
hundred dollars, and imprisonment. If a negro or
mulatto should be found in the territory, it became
the duty of any judge to issue a warrant for his
arrest, and cause his removal ; and if the same negro
or mulatto were twice found in the territory, he should
be fined and imprisoned at the discretion of the court.
This law, however, did not apply to the negroes already
in the territory. The act was ordered published in the
newspapers of California.23
The next most interesting action of the legislative
<3 O
assembly was the enactment of a school law, which
provided for the establishment of a permanent irre
ducible fund, the interest on which should be divided
annually among the districts; but as the school lands
could not be made immediately available, a tax of two
mills was levied for the support of common schools in
the interim. The act in its several chapters created
the offices of school commissioner and directors for each
county and defined their duties; also the duties of
teachers. The eighth chapter relating to the powers
of district meetings provided that until the counties
were districted the people in any neighborhood, on
ten days' notice, given by any two legal voters, might
call a meeting and organize a district; and the district
23 Or. Statutes, 1850-51, 181-2, 246-7; Dix. Speeches, i. 309-45, 372, 377-8.
78 LANE'S ADMINISTRATION.
meeting might impose an ad valorem tax on all taxa
ble property in the district for the erection of school
houses, and to defray the incidental expenses of the
districts, and for the support of teachers. All chil
dren between the ages of four and twenty-one years
were entitled to the benefits of public education.24
It is unnecessary to the purposes of this history to
follow the legislature of the first territorial assembly
further. No money having been received25 for the
payment of the legislators or the printing of the laws,
the legislators magnanimously waived their right to
take the remaining thirty days allowed them, and thus
left some work for the next assembly to do.28
On the 21st of September the assembly was noti
fied, by a special message from the governor, of the
death of ex-President James K. Polk, the friend of
Oregon, and the revered of the western democracy.
As a personal friend of Lane, also, his death created a
profound sensation. The legislature after draping
both houses in mourning adjourned for a week. Pub
lic obsequies were celebrated, and Lane delivered a
highly eulogistic address. Perhaps the admirers of
Polk's administration and political principles were all
the more earnest to do him honor that his successor
24 Says Buck in his Enterprises, MS., 11-12: 'They had to make the first
beginning in schools in Oregon City, and got up the present school law at the
first session in 1849. It was drawn mostly after the Ohio law, and subsequently
amended.
1850.
charter
Abernethy, A. L. Lovejoy, James Taylor, Hiram Clark, G. H." Atkinson,
Hezekiah Johnson, and Wilson Blain as trustees.
25 Lane's Rept. in 31st Cong., 2d SPSS., If. Ex. Doc., i.
26 One of the members tells us something about the legislators: 'I have
heard some people say that the lirst legislature was better than any one we
have had since. I think it was as good. It was composed of more substan
tial men than they have had in since; men who represented the people better.
The second one was probably as good. The third one met in Salem. It is
my impression they had deteriorated a little; but I would not like to say so,
because I was in the first one. I know there were no such men in it as go to
the legislature now.' Buck's Enterprises, MS., 11. 'The only difference among
members was that each one was most partial to the state from which he had
emigrated, and with the operations of which he was familiar. This difficulty
proved a serious one, and retarded the progress of business throughout.' Or.
Spectator, Oct. 18, 1849.
ACCOMMODATION COURT. 79
in office was a whig, with whose appointments they
were predetermined not to be pleased. The officers
elected by the legislature were: A. A. Skinner, com
missioner to settle the Cayuse war debt; Bernard
Genoise, territorial auditor; James Taylor, treasurer;
Wm. T. Matlock, librarian; James McBride, superin
tendent of schools; C. M. Walker, prosecuting attor
ney first judicial district; David Stone, prosecuting
attorney second judicial district; Wilson Blain, public
printer; A. L. Lovejoy and W. W. Buck, commission
ers to let the printing of the laws and journals. Other
offices being still vacant, an act was passed providing
for a special election to be held in each of the several
counties on the third Monday in October for the
election of probate judges, clerks, sheriffs, assessors,
treasurers, school commissioners, and justices of the
peace.
As by the territorial act the governor had no veto
power, congress having reserved this right, there was
nothing for him to do at Oregon City; and being
accustomed of late to the stir and incident of military
camps he longed for activity, and 'employed his time
visiting the Indians on the coast, and sending couriers
to the Cayuses, to endeavor to prevail upon them to
give up the Waiilatpu murderers.27 The legislative
assembly having in the mean time passed a special
act to enable him to bring to trial the Snoqualimichs,
and Thornton's munificent offer of reward having
prompted the avaricious savages to give up to Captain
Hill at Steilacoom certain of their number to be dealt
with according to the white man's law, Lane had the
satisfaction of seeing, about the last of September,
the first district court, marshal and jurymen, grand
and petit, on the way to Puget Sound,28 where the
27 Lane's Autobiography, MS., 55; 31st Cong., 1st Sess., Sen. Doc. 47, viii.
pt. iii. 112.
28 There was a good deal of feeling on the part of the Hudson's Bay Com
pany concerning Lane's course, though according to Tolmie's account, in
Truth Teller, the Indians were committing hostilities against them as well aa
80 LANE'S ADMINISTRATION.
American population was still so small that travelling
courts were obliged to bring their own juries.
Judge Bryant provided for the decent administra
tion of justice by the appointment of A. A. Skinner,
district attorney, for the prosecution, and David Stone
for the defence. The whole company proceeded by
canoes and horses to Steilacoom carrying with them
their provisions and camping utensils. Several Indians
had been arrested, but two only, Quallawort, brother of
Patkanim, head chief of the Snoqualimichs, and Kas-
sas, another Snoqualimich chief, were found guilty.
On the day following their conviction they were
hanged in the presence of the troops and .many of
their own and other tribes, Bryant expressing himself
satisfied with the finding of the jury, and also with
the opinion that the attacking party of Snoqualimichs
had designed to take Fort Nisqually, in which attempt,
had they succeeded, many lives would have been lost.29
The cost of this trial was $1,899.54, besides eighty
blankets, the promised reward for the arrest and de
livery of the guilty parties, which amounted to $480
more. Many of the jurymen were obliged to travel
two hundred miles, and the attorneys also, each of
whom received two hundred and fifty dollars for his
services. Notwithstanding this expensive lesson the
same savages made away in some mysterious manner
with one of the artillerymen from Fort Steilacoom the
following winter.30
against the Americans. Roberts says that when Lane was returning from
the Sound in June, he, Roberts, being at the Cowlitz farm, rode out to meet
him, and answered his inquiries concerning the best way of preserving the
peace of the country, then changing from the old regime to the new. ' I was
astonished,' says Roberts, 'to hear him remark "Damn them ! (the Indians) it
would do my soul good to be after them." This would never have escaped
the lips of Dr McLoughlin or Douglas.' Recollections, MS., 15. There was
always this rasping of the rude outspoken western sentiment on the feelings
of the studiously trained Hudson's Bay Company. But an Indian to them
was a different creature from the Indian toward whom the settlers were
hostile. In the one case he was a means of making wealth; in the other of
destroying property and life. Could the Hudson's Bay Company have changed
places with the settlers they might have changed feelings too.
29 Bryant's Kept, to Gov. Lane in 31st Cong., 2d Sess., H. Ex. Doc., i.
166-7; Hayes' Scraps, 22; Or. Spectator, Oct. 18, 1849.
80 TolmiJs Puget Sound, MS., 36.
THE MOUNTED RIFLE REGIMENT. 81
The arrest of the Cayuse murderers could not pro
ceed until the arrival of the mounted rifle regiment
then en route, under the command of Brevet-Colonel
W. W. Loring.31 This regiment which was provided
expressly for service in Oregon and to garrison posts
upon the emigrant road, by authority of a congressional
act passed May 19, 1846, was not raised till the spring
of 1847, and was then ordered to Mexico, although
the secretary of war in his instructions to the gov
ernor of Missouri, in which state the regiment was
formed, had said that a part if not the whole of it
would be employed in establishing posts on the route
to Oregon.32 Its numbers being greatly reduced dur
ing the Mexican campaign, it was recruited at Fort
Leaven worth, and at length set out upon its march to
the Columbia in the spring of 1849. On the 10th of
May the regiment left Fort Leavenworth with about
600 men, thirty-one commissioned officers, several
women and children, the usual train agents, guides,
and teamsters, 160 wagons, 1,200 mules, 700 horses,
and subsistence for the march to the Pacific.33
Two posts were established on the way, one at Fort
31 The command was first given to Frdmont, who resigned.
32 See letter of W. L. Marcy, secretary of war, in Or. Spectator, Nov. 11,
33 The officers were Bvt. Lieut. Col. A. Porter, Col. Benj. S. Roberts, Bvt.
Major C. F. Ruff, Major George B. Crittenden, Bvt. Major J. S. Simonson,
Bvt. Major S. S. Tucker, Bvt. Lieut. Col. J. B. Backenstos, Bvt. Major
Kearney, Captains M. E. Van Buren, George McLaue, Noah Newton, Llewellyn
Jones, Bvt. Captain J. P. Hatch, R. Ajt., Bvt. Captains Thos. Claiborne Jr.,
Gordon Granger, James Stuart, and Thos. G. Rhett; 1st Lieuts Charles L.
Denman, A. J. Lindsay, Julian May, F. S. K. Russell; 2d Lieuts D. M. Frost,
R. Q. M., I. N. Palmer, J. McL. Addison, W. B. Lane, W. E. Jones, George
AV. Rowland, C. E. Ervine; surgeons I. Moses, Charles H. Smith, and W. F.
Edgar. The following were persons travelling with the regiment in various
capacities: George Gibbs, deputy collector at Astoria; Alden H. Steele, who
settled in Oregon City, v/here he practised medicine till 1803, when he became a
surgeon in the army, finally settling at Olympia in 1868, where in 1878 I met
him, and he furnished a brief but pithy account in manuscript of the march
of the Oregon Mounted Rifle Regiment; W. Frost, Prew, Wilcox, Leach,
Bishop, Kitchen, Dudley, and Raymond. Present also was J. D. Haines, a
native of Xenia, Ohio, born in 1828. After a residence in Portland, and
removal to Jacksonville, he was elected to the house of representatives from
Jackson county in 1862, and from Baker county in 1876, and to the state sen
ate in 1878. He married in 1871 and has several children. Salem Statesman,
Nov. 15, 1878; U. S. Off. Reg., 1849, 160, 167.
HIST. OK., VOL. II. 6
82 LANE'S ADMINISTRATION.
Laramie, with two companies, under Colonel Benja
min Roberts; and another at Cantonment Loring,
three miles above Fort Hall,34 on Snake River, with
an equab number of men under Major Simonson,
the command being transferred soon after to Colonel
Porter.35 The report made by the quartermaster is
an account of discomforts from rains which lasted to
the Rocky Mountains; of a great migration to the
California gold mines36 where large numbers died of
cholera, which dread disease invaded the military
camps also to some extent; of the almost entire worth-
lessness of the teamsters and men engaged at Fort
Leavenworth, who had no knowledge of their duties,
and were anxious only to reach California; of the
loss by death arid desertion of seventy of the late re
cruits to the regiment ;37 and of the loss of property and
life in no way different from the usual experience of
the annual emigrations.33
It was designed to meet the rifle regiment at Fort
Hall, with a supply train, under Lieutenant G. W.
Hawkins who was ordered to that post,39 but Hawkins
34 Cantonment Loring was soon abandoned, being too far from a base of
supplies, and forage being scarce in the neighborhood. Brackets Cavalry,
120-7; 31st Cong., 1st Sess., H. Ex. Doc. 5, pt. i. 182,. 185-6, 188.
35Steele says that Simonson was arrested for some dereliction of duty, and
came to Vancouver in this situation; also that Major Crittenden was arrested
on the way for drunkenness. Rifle Regiment, MS., 2.
36 Major Cross computed the overland emigration to the Pacific coast at
35,000; 20,000 of whom travelled the route by the Platte with 50,000 cattle.
31st Cong., 2d Sess., PI. Ex. Doc. 1, 149.
37 Or. Spectator, Oct.. 18, 1849; Weed's Queen Charlotte Island Exped.,
MS., 4.
38 On reaching The Dalles, the means of transportation to Vancouver was
found to be ' 3 Mackinaw boats, 1 yawl, 4 canoes, and 1 whale-boat.' A raft
was constructed to carry 4 or 5 tons, and loaded with goods chiefly private,
8 men being placed on board to manage the craft. They attempted to run
the cascades and six of them were drowned. Or. Spectator, Oct. 18, 1849. A
part of the command with wagons, teams, and riding horses crossed the Cas
cade Mountains by the Mount Hood road, losing ' nearly two thirds ' of the
broken-down horses on the way. The loss on the journey amounted to 45
wagons, 1 ambulance, 30 horses, and 295 mules.
39 Applegate's Views, MS., 49. There were fifteen freight wagons and a
herd of beef cattle in the train. Gen. Joel Palmer acted as guide, the com
pany taking the southern route. Palmer went to within a few days of Fort
Hall, where another government train was encountered escorting the customs
officer of California, Gen. Wilson and family, to Sacramento. The grass
having been eaten along the Humboldt route by the cattle of the immigration,
MILITARY POSTS. 83
missed Loring's command, he having already left Fort
Hall when Hawkins arrived. As the supplies were
needed by the companies at the new post they were
left there, in consequence of which those destined to
Oregon were in want of certain articles, and many of
the men were barefoot and unable to walk, as their
horses were too weak to carry them when they ar
rived at The Dalles.
On reaching their destination, and finding no accom
modations at Fort Vancouver, the regiment was quar
tered in Oregon City, at a great expense, and to the
disturbance of the peace and order of that moral and
temperate community; the material from which com
panies had been recruited being below the usual stan
dard of enlisted men.40
The history of the establishment of the Oregon
military posts is not without interest. Under orders
to take command of the Pacific division, General Per-
sifer F. Smith left Baltimore the 24th of November,
and New Orleans on the 18th of December 1848, pro
ceeding by the isthmus of Panama, and arriving on
the 23d of February following at Monterey, where
was Colonel Mason's head-quarters. Smith remained
in California arranging the distribution of posts, and
the affairs of the division generally.
In May Captain Rufus Ingalls, assistant quarter
master, was directed by Major H. D. Vinton, chief
Palmer was engaged to conduct this company by the new route from Pit
River, opened the previous autumn by the Oregon gold-seekers. At the
crossing of a stream flowing from the Sierra, one of the party named Brown
shot himself through the arm by accident, and the limb was amputated by
two surgeons of an emigrant company. This incident detained Palmer in the
mountains several weeks at a cabin supposed to have been built by some of
Lassen's party the year before. ' A son of Gen. Wilson and three men re
mained with him until the snow and ice made it dangerous getting down to
the Sacramento Valley, when Brown was left with his attendants and Palmer
went home to Oregon by sea. The unlucky invalid, long familiarly known as
'one-armed Brown, 'has for many years resided in Oregon, and has been con
nected with the Indian department and other branches of the public service.
Palmer's Wagon Train, MS., 43-8.
40 This is what Steele says, and also that one of them who deserted, named
Riley, was hanged in San Francisco. Rifle Regiment, MS., 7.
84 LANE'S ADMINISTRATION.
of the quartermaster's department of the Pacific divis
ion, to proceed to Oregon and make preparations for
the establishment of posts in that territory. Taking
passage on the United States transport Anita, Cap
tain Ingalls arrived at Vancouver soon after Hatha
way landed the artilleymen and stores at that place.
The Anita was followed by the Walpole with two
years' supplies; but the vessel having been chartered
for Astoria only, and the stores landed at that place,
a difficulty arose as to the means of removing them
to Vancouver, the transfer being accomplished at
great labor and expense in small river craft. When
the quatermaster began to look about for material
and men to construct barracks for the troops already
in the territory and those expected overland in the
autumn, he found himself at a loss. Mechanics and
laboring men were not to be found in Oregon, and
Captain Ingalls employed soldiers, paying them a
dollar a day extra to prepare timber from the woods
and raft lumber from the fur-company's mill to build
quarters. But even with the assistance of Chief
Factor Ogden in procuring for him Indian labor, and
placing at his disposal horses, bateaux, and sloops, at
moderate charges, he was able to make but slow
progress.41 Of the buildings occupied by the artillery
two belonged to the fur company, having received
alterations to adapt them to the purposes of bar
racks and mess-rooms, while a few small tenements
also owned by the company42 were hired for offices
and for servants of the quarter-master's department.
It was undoubtedly believed at this time by both
41 Vinton, in 31st Cong. , 2d Sess. , S. Doc. 1, pt. ii. 263. Congress passed
in September 1850 an act appropriating $325,854 to meet the unexpected
outlay occasioned by the rise in prices of labor and army subsistence in
California and Oregon, as well as extra pay demanded by military officers.
See U. 3. Acts and Res., 1850, 122-3.
42 In the testimony taken in the settlement of the Hudson's Bay Com
pany's claims, page 186, U. S. Ei\, H. B. Co. Claims, Gray deposed that the
U. S. troops did not occupy the buildings of the company but remained in
camp until they had erected buildings for their own use. This is a misstate-
ment, as the reports of the quarter-masters Vinton and Ingalls show, in 31st
Cong., 2d Sess., S. Doc. 1., pt. ii. 123, 285.
VANCOUVER AND STEILACOOM. 85
the Hudson's Bay Conipay and the officers of the
United States in Oregon, that the government would
soon purchase the possessory right of the company,
which was a reason, in addition to the eligibility of
the situation, for beginning an establishment at Van
couver. This view was entertained by both Vinton43
and Ogden. There being at that time no title to land
in any part of the country except the possessory title
of the fur company under the treaty of 184G, and the
mission lands under the territorial act, Vancouver
was in a safer condition, it might be thought, with
regard to rights, than any other point; rights which
Hathaway respected by leasing the company's lands
for a military establishment, while the subject of
purchase by the United States government was in
abeyance. And Ogden, by inviting him to take pos
session of the lands claimed by the company, not in
closed, may have believed this the better manner of
preventing the encroachments of squatters. At all
events, matters proceeded amicably between Hatha
way and Ogden during the residence of the former at
Vancouver.
The same state of tenancy existed at Fort Steila-
coom where Captain Hill established himself August
27th, on the claim of the Puget Sound Agricultural
Company, at a place formerly occupied by a farmer
or herdsman of the company named Heath.44 Tolmie
pointed out this location, perhaps with the same views
entertained by Ogden, being more willing to deal with
the officers of the government than with squatters.
On the 28th of September General Smith arrived
in Oregon, accompanied by Vinton, with the purpose
of examining the country with reference to the loca
tion of military posts ; Theodore Talbot being ordered
to examine the coast south of the Columbia, looking
43 Vinton said in his report: 'It is peculiarly desirable that we should be
come owners of their property at Fort Vancouver.' 31st Cong., 2d Sess., 8.
Doc. 1, pt. ii. 263.
u Sylvester's Olympia, MS., 20; Morse's Notes on Hist, and Resources,
Wash. Tcr., MS., i. 109; Olympia Wash. Standard, April 11, 1868.
86 LANE'S ADMINISTRATION.
for harbors and suitable places for light-houses and
defences.45 The result of these examinations was the
approval of the selections of Vancouver and Steila-
coom. Of the "acquisition of the rights and prop
erty reserved, and guaranteed by the terms of the
treaty," Smith spoke with the utmost respect for the
claims of the companies, saying they were specially
confirmed by the treaty, and that the public interest de
manded that the government should purchase them;46
a sentiment which the reader is aware was not in
accord with the ideas of a large class in Oregon.
It had been contemplated establishing a post on
the upper Willamette for the protection of companies
travelling to California, but the danger that every
soldier would desert, if placed directly on the road to
the gold mines, caused Smith to abandon that idea.
He made arrangements, instead, for Hathaway's com
mand to remove to Astoria as early in the spring as
the men could work in the forest, cutting timber for
the erection of the required buildings, and for station
ing the riflemen at Vancouver and The Dalles, as well
as recommending the abandonment of Fort Hall, or
Cantonment Loring, owing to the climate and unpro
ductive nature of the soil, and the fact that immi
grants were taking a more southerly route than
formerly. Smith seemed to have the welfare of the
territory at heart, and recommended to the govern
ment many things which the people desired, among
others fortifications at the mouth of the Columbia, in
preparation for which he marked off reservations at
Cape Disappointment and Point Adams. He also
suggested the survey of the Rogue, Umpqua, Alseya,
Yaquina, and Siletz rivers, and Shoalwater Bay; and
the erection of light-houses at Cape Disappointment,
Cape Flattery, and Protection Island, representing
that it was a military as well as commercial necessity,
Cong., 1st Sess., S. Doc. 47, viii. 108-16; Rep. Com. Ind. A/., 1S65,
107-9.
46 31st Cong. 1st Sess., S. Doc. 47, viii. 104.
DESERTION OF TROOPS. 87
the safety of troops and stores which must usually
be transported by sea requiring these guides to navi
gation. He recommended the survey of a railroad to
the Pacific, or at least of a wagon-road, and that it
should cross the Rocky Mountains about latitude 38°,
deflect to the Humboldt Valley, and follow that direc
tion until it should send off a branch to Oregon by
way of the Willamette Valley, and another by way of
the Sacramento Valley to the bay of San Francisco.47
Before the plans of General Smith for the distribu
tion of troops could be carried out, one hundred and
twenty of the riflemen deserted in a body, with the
intention of going to the mines in California. Gov
ernor Lane immediately issued a proclamation for
bidding the citizens to harbor or in any way assist the
runaways, which caused much uneasiness, as it was
said the people along their route were placed in a
serious dilemma, for if they did not sell them provi
sions they would be robbed, and if they did, they
would be punished. The deserters, however, having
organized with a full complement of officers, travelled
faster than the proclamation, and conducted them
selves in so discreet a manner as to escape suspicion,
imposing themselves upon the farmers as a company
sent out on an expedition by the government, getting
beef cattle on credit, and receiving willing aid instead
of having to resort to force.48
47 Before leaving California Smith had ordered an exploration of the coun
try on the southern boundary of Oregon for a practicable emigrant and mili
tary road, and also for a railroad pass about that latitude, detailing Captain
W. H. Warner of the topographical engineers, with an escort of the second
infantry under Lieutenant- Colonel Casey. They left Sacramento in August,
and examined the country for several weeks to the east of the head-waters of
the Sacramento, coming upon a pass in the Sierra Nevada with an elevation
of not more than 38 feet to the mile. Warner explored the country east and
north of Goose Lake, but in returning through the mountains by another
route was killed by the Indians before completing his work. His name
was given to a mountain range from this circumstance. Francis Bercier, the
guide, and George Cave were also killed. Lieut. R. S. Williamson of the
expedition made a report in favor of the Pit River route. See 31st Cong., 1st
Sess., Sen. Doc. 2, 17-22, 47.
"Stele's Rifle Regiment, MS., 7; Brackets U. S. Cavalry, 127; Or. Spec
tator, May 2, 1850.
88 LANE'S ADMINISTRATION.
But their success, like their organization, was of brief
duration. Colonel Loring and the governor went in
pursuit and overtook one division in the Umpqua
valley, whence Lane returned to Oregon City about
the middle of April with seventy of them in charge.
Loring pursued the remainder as far as the Klamath
River, where thirty-five escaped by making a canoe
and crossing that stream before they were overtaken.
He returned two weeks after Lane, with only seven
teen of the deserters, having suffered much hardship
in the pursuit. He found the fugitives in a miserable
plight, the snow on the Cascade Mountains being still
deep, and their supplies entirely inadequate to such
an expedition, for which reason some had already
started on their return. Indeed, it was rumored that
several of those not accounted for had already died
of starvation.49 How many lived to reach the mines
was never known.
Great discontent prevailed among all the troops,
many of whom had probably enlisted with no other
intention than of deserting when they reached the
Pacific coast. Several civil suits were brought by
them in the district court attempting to prove that
they had been enlisted under false promises, which
were decided against them by Judge Pratt, vice Bry
ant, who was absent from the territory when the suits
K.n
came on.
Later in the spring Hathaway removed his artillery
company to Astoria, and went into encampment at
Fort George, the place being no longer occupied by
the fur company. A reserve was declared of certain
lands covered by the improvements of settlers, among
whom were Shively, McClure, Hensill, Ingalls, and
Marlin, for which a price was agreed upon or allowed.51
49 Or. Spectator, April 18, 1850.
50 See case of John Curtin vs. James S. Hathaway, Pratt, Justice, in Or.
Spectator, April 18, 1850.
51 Ingalls remarked concerning this purchase: 'I do not believe that any
of them had the slightest right to a foot of the soil, consequently no right to
have erected improvements there.' Whether he meant to say that 110 one
GOVERNMENT RESERVATIONS. 89
Here the troops had a free and easy life, seeing
much of the gold hunters as they went and came in
the numerous vessels trading between San Fran
cisco and the Columbia River, and much too of the
most degraded population in Oregon, both Indian and
white. A more ill-selected point for troops, even for
artillery, could not have been hit upon, except in the
event of an invasion by a foreign power, in which case
they were still too far inside the capes to prevent the
enemy's vessels from entering the river. They were
so far from the real enemy dreaded by the people it
was intended they should defend — the interior tribes
of Indians — that much time and money would be
required to bring them where they could be of service
in case of an outbreak, and after two years the place
was abandoned.
The mounted riflemen, being transferred to Van
couver, whither the citizens of the Willamette saw
them depart with a deep sense of satisfaction,52 cele
brated their removal by burning their old quarters.53
At their new station they were employed in building
barracks on the ground afterward adopted as a mili
tary reservation by the government.
The first reservation declared was that of Miller
Island, lying in the Columbia54 about five miles above
Vancouver. It contained about four square miles, and
was used for haymaking and grazing purposes, in con
nection with the post at that place. This reserve was
made in February 1850. No reservation was declared
had a right to build houses in Oregon except military officers, or that the
ground belonged to the Hudson's Bay Company, I am unable to determine
from the record. See 32d Cong., 2d Sets., H. Ex. Doc. 1, i. pt. ii. 123.
62 Says the Spectator, Nov. 1, 1849, 'the abounding drunkenness in our
streets is something new under the sun, 'and suggests that the officers do
something to abate the evil. But the officers were seldom sober themselves,
Hathaway even attempting suicide while suffering from mania a potu. Id.,
April 18, 1850.
53 Xtrontfs Hist. Or., MS., 3.
54 Much trouble had been experienced in procuring grain for the horses of the
mounted troops; only 6,000 bushels of oats being obtainable, and 100 tons of hay,
owing to the neglect of farming this year. It was only by putting the sol
diers to haymaking on the lowlands of the Columbia that the stock of the
regiment was provided for; hence, 110 doubt, the reservation of Miller Island.
90 LANE'S ADMINISTRATION.
at Vancouver till October 31st of that year, or until
it was ascertained that the government was not pre
pared to purchase without examining the claims of
the Hudson's Bay Company. On the date mentioned
Colonel Loring, in command of the department, pub
lished a notice that a military reservation had been
made for the government of four miles square, " com
mencing where a meridian line two miles west from
the flag-staff at the military post near Vancouver, O.
T., strikes the north bank of the Columbia River,
thence due north on said meridian four miles, thence
due east four miles, thence south to the bank of the
Columbia River, thence down said bank to the place
of beginning."55 The notice declared that the reserve
was made subject alone to the lawful claims of the
Hudson's Bay Company, as guaranteed under the
treaty of 1846, but promised payments for improve
ments made by resident settlers within the described
limits, a board of officers to appraise the property.
This large reserve was, as I have before indicated,
favorable to the British company's claims, as the only
American squatter on the land was Amos M. Short,
the history of whose settlement at Vancouver is given
in the first volume of my History of Oregon. Short
took no notice of the declaration of reserve,56 think
ing perhaps, and with a show of justice, that in this
case he was trespassed upon, inasmuch as there was
plenty of land for government reservations, which did
not include improvements, or deprive a citizen of his
choice of a home. He remained upon the land, con
tinuing to improve it, until in 1853 the government
restricted the military reservations to one mile square,
which left him outside the limits of this one.
65 Or. Spectator, Oct. 31, 1850; 32d Cong., 2d Sess., H. Ex. Doc. 1, pt.
ii. 124.
56Short had shot and killed Dr D. Gardner, and a Hawaiian in his service,
for trespass, in the spring of 1850. He was examined and acquitted, of all of
which Colonel Loring must have been aware. Or. Spectator, April 18, 1850;
Id., May 2, 1850. He was himself regarded as a trespasser by the fur com
pany. U. S. Ev. Hudson's Bay Company Claims, 90.
AT THE DALLES. 91
The probate court of Clarke county made an appli
cation for an injunction against Loring and Ingalls at
the first term of the United States district court held
at Vancouver, beginning the 29th of October 1850, to
stop the further erection of buildings for military pur
poses on land that was claimed as the county seat.
The attorney for the United States denied that the
legislative assembly had the power to give lands for
county seats, did the territorial act permit it, or that
the land could be taken before it was surveyed; and
declared that the premises were reserved by order of
the war department, which none might gainsay.57
The court sustained the opinion. At a later period a
legal contest arose between the heirs of A. M. Short
and the Catholic missionaries. The military reserva
tion/ however, of one mile square, remains to-day the
same as in 1853.
On the 13th of May Major Tucker left Vancouver
with two companies of riflemen to establish a supply
post at The Dalles.53 The officers detached for that
station were Captain Claiborne, Lieutenants Lindsay,
May, and Ervine, and Surgeon C. H. Smith. A
reservation of ten miles square was made at this
place, and the troops employed in erecting suitable
store-houses and garrison accommodations to make
this the head-quarters for the Indian country in the
event of hostilities. Both the Protestant and Cath
olic missions were found to be abandoned,59 though
the claims of both were subsequently revived, which
together with the claim of the county seat of Wasco
county occasioned lengthy litigation. The military
reservation became a fourth factor in an imbroglio out
of which the Methodist missionary society, through
67 The solicitor for the complanants in this case was W. W. Chapman; the
attorney for the U. S., Amory Holbrook. The decision was rendered by
Judge William Strong in favor of the defendants. Or. Spectator, Nov. 7, 1850.
** Steel's Rifle Regiment, MS., 5; CardweWs Emigrant Company, MS., 2;
Coke's Ride, 313; 31st Cong., M Sess., If. Ex. Doc. 1, pt. ii. 123.
™Deadtfs Hist. Or., MS., 6.
92 LANE'S ADMINISTRATION.
its agents in Oregon and in Washington, continued to
extort money from the government and individuals
for many years. Of The Dalles claim, as a case in
chancery, I shall speak further on in my work.
As if Astoria, Vancouver, and The Dalles were not
enough of Oregon's eligible town sites to condemn for
military purposes, Loring declared another reservation
in the spring of 1850 upon the land claims of Meek
and Luelling at Milwaukie, for the site of an arsenal.
This land was devoted to the raising of fruit trees,
a most important industry in a new country, and one
which was progressing well. The appropriation of
property which the claimants felt the government
was pledged to confirm to them if they desired, was
an encroachment upon the rights of the founders of
American Oregon which they were quick to resent,
and for which the Oregon delegate in congress was
instructed to find a remedy. And he did find a
remedy. The complainants held that they preferred
fighting* their own Indian wars to submitting to mill-
o o o
tary usurption, and the government might withdraw
the rifle regiment at its earliest convenience. All of
which was a sad ending of the long prayer for the
military protection of the parent government.
And all the while the Cay use murderers went un
punished. Lane was enough of a military man to
understand the delays incident to the circumstances
under which Loring found himself in a new country
with undisciplined and deserting troops, but he was
also possessed of the fire and energy of half a dozen
regular army colonels. But before he had received
any assistance in procuring the arrest of the Indians,
he had unofficial information of his removal by the
whig administration, which succeeded the one by
which he was appointed.
This change, though eagerly seized upon by some
as a means of gaining places for themselves and secur
ing the control of public affairs, was not by any means
INDIAN AGENT. 93
agreeable to the majority of the Oregon people. No
sooner had the news been received than a meeting
was held in Yamhill precinct for the purpose of ex
pressing regret at the removal of General Lane from
the office of governor.60 The manner in which Lane
had discharged his duties as Indian agent, as well as
executive, had won for him the confidence of the peo
ple, with whom the dash, energy, and democratic
frankness of his character were a power and a charm.
There was nothing that was of importance to anv in
dividual of the community too insignificant for his
attention; and whether the interest he exhibited was
genuine, whether it was the suavity of the politician,
or the irrepressible activity of a true nature, it was
equally effective to make him popular with all but
the conservative element to be found in any commu
nity, and which was represented principally in Oregon
by the Protestant religious societies. Lane being a
Catholic could not be expected to represent them.61
As no official notice of his removal had been re
ceived, Governor Lane proceeded actively to carry
into execution his plans concerning the suppression
of Indian hostilities, which were interrupted tem
porarily by the pursuit of the deserting riflemen.
During his absence on this self-imposed duty a diffi
culty occurred with the Chinooks at the mouth of the
Columbia, in which, in the absence of established
courts in that district, the military authorities were
called upon to act. It grew out of the murder of Will
iam Stevens, one of four passengers lost from the brig
Forrest while crossing the bar of the Columbia. Three
of the men were drowned. Stevens escaped alive but
60 The principal movers in this demonstration were: Matthew P. Deady, J.
McBride, A. S. Watt, J. Walling A. J. Hembree, S. M. Gilmore, and N. M.
Oeighton. Or. Sijectator, March 7, 1850.
61 It is told to me by the person in whose interest it was done, that Lane,
while governor, permitted himself to be chosen arbitrator in a land- jumping
case, and rode a long distance in the rain, having to cross swollen streams on
horseback, to help a woman whose husband was absent in the mines to resist
the attempt of an unprincipled tenant to hold the claim of her husband. His
influence was sufficient with the jury to get the obnoxious tenant removed.
94 LANE'S ADMINISTRATION.
exhausted to the shore, where the Chinooks murdered
him. Jones, of the rifles, who was at Astoria with
a small company, hearing of it wrote to the governor
and his colonel, saying that if he had men enough
he would take the matter in hand at once; but that
the Indians were excited over the arrest of one of
the murderers, and he feared to make matters worse
by attempting without a sufficient force to apprehend
all the guilty Indians. On receiving the information,
Secretary Pritchett called for aid on Hathaway, who
sent a company to Astoria to make the arrest of all
persons suspected of being concerned in the murder;62
but by this time the criminals had escaped.
Negotiations had been in progress ever since the
arrival of Lane for the voluntary delivery of the guilty
Cayuses by their tribe, it being shown them that the
only means by which peace and friendship could ever
be restored to their people, or they be permitted to
occupy their lands and treat with the United States
government, was the delivery of the Whitman mur
derers to the authorities of Oregon for trial.63 At
length word was received that the guilty members of
the tribe, who were not already dead, would be sur
rendered at The Dalles. Lane went in person to
receive them, escorted by Lieutenant Addison with a
guard of ten men. Five of the murderers, Tiloukaikt,
Tamahas, Klokamas, Isaiachalakis, and Kiamasu nip-
kin, were found to be there with others of their people.
They consented to go to Oregon City to be tried, offer
ing fifty horses for their successful defence.64
The journey of the prisoners, who took leave of
their friends with marked emotion, was not without
interest to their escort, who, anxious to understand the
62 Or. Spectator, March 21, and April 4, 1850.
63 Lane's Autobiography, MS., 56.
64 Blanchet asserts that the Cayuses consented only to come down and
have a talk with the white authorities, and denies that they were the actual
criminals, who he says were all dead, having been killed by the volunteers.
Catfi. Ch. in Or., 180. There appears to be nothing to justify such a state
ment, except that the murderers submitted to receive the consolations of the
church in their last moments.
THE CAYUSE MUKDERE
motives which had actuated the Indians in Surrender
ing themselves, plied them with questions at every
opportunity. Tiloukaikt answered with a singular
mingling of savage pride and Christian humility.
When offered food by the guard from their own mess
he regarded it with scorn. "What hearts have you,"
he demanded, "to offer to eat with me, whose hands
are red with your brother's blood?" When asked
why he gave himself up, he replied: "Did not your
missionaries teach us that Christ died to save his
people? So die we to save our people."
This apparent magnanimity produced a deep impres
sion on some minds, who, not well versed in Indian or
in any human character, could not divest themselves
of awe in the presence of such evidences of moral
greatness as these mocking answers evinced.
The facts are these: The Cayuses, weary of wan
dering, with the prospect before them of another war
with white men, had prevailed upon those who among
themselves had done most to bring so much wretched
ness upon them, to risk their lives in restoring them
to their former peace and prosperity. Doubtless the
representations which had been made, that they would
be defended by white counsel, had had its influence in
inducing them to take the risk. At all events it was
a case requiring a desperate remedy. They were not
ignorant that between twenty and thirty thousand
Americans, chiefly men, and several government expe
ditions had traversed the road to the Pacific the year
previous ; nor that their attempt to expel the few white
people from the Walla Walla valley had been an igno
minious failure. There was scarcely a chance that
white men's laws would acquit them; but on the other
hand there was the apparent certainty that unless the
few gave up their lives, all must perish. Could a chief
face his people whom he had ruined without an effort
to save them ? All that was courageous or manly in
the savage breast was roused by the emergency; and
who shall say that this pride, which doggedly accepted
96 LANE'S ADMINISTRATION.
a terrible alternative, did not make a moral hero, or
present an example equivalent to the average Chris
tian self-sacrifice?
The trial was set for the 22d of May. The pris
oners in the mean time were confined on Abernethy
Island, in the midst of the falls, the bridge connect
ing it with the mainland being guarded by Lieutenant
Lane, of the rifles, who was assigned to that duty.65
The prosecution was conducted by Amory Holbrook,
district attorney, who had arrived in the territory
in March previous, and the defence by Secretary
Pritchett, R. B. Reynolds, of Tennessee, paymaster
of the rifle regiment, and Captain Claiborne, also of
the rifles, whom Judge Pratt assigned to this duty;
and whether from a sense of justice, or from a desire
to win the fifty horses offered, the trio made a vigor
ous effort to clear their clients.
The plea first set up was that the United States,
at the time the massacre was committed, possessed
no jurisdiction over Oregon. This was overruled by
showing that an act of congress had been passed in
1844, which declared all the Indian territory west of
the Mississippi subject to the laws regulating inter
course with the Indians, and that the territorial act
of 1848 gave jurisdiction to the district courts to take
cognizance of the crimes of which the prisoners were
accused. Counsel for the defence then pleaded not
guilty to three indictments for murder, brought to
show the killing of Dr Whitman, Mrs Whitman, and
Mr Saunders, and attempted to procure a change of
venue to Clarke county, on the ground of the excited
state of the public mind in Clackamas. This petition
was also overruled.
On the second day a continuance of the case
was asked for on an insufficient affidavit, and denied.
Much difficulty was experienced in securing a jury,
twenty persons being challenged. At length the trial
proceeded. When the women who had witnessed the
•3 Lam's Autobiography, MS., 139.
THE TRIAL. 97
butchery of their husbands, sons, fathers, and brothers
were put upon the stand to identify the murderers,
the feeling was intense; and was heightened by the
evident sympathy for the prisoners of certain persons
who had come in with the new order of things, and
who thought it more shocking to convict the Indians
than that they should have committed the crimes for
which they wrere being tried. The witnesses for the
defence were few. Sticcas testified to having given
Whitman a warning similar to that which he gave
Spalding, but which he had no time to take. Spald-
ing told his story of the warning received by him.
Dr McLoughlin was called upon to say that he had
counselled Whitman to remove to the Willamette as
early as 1840 or 1841; and Osborne, after having been
a witness for the prosecution, was made to state that
he knew Whitman to be anxious about his situation
among the Cayuses. But all this did not change the
nature of the crimes committed, rather confirming the
theory of premeditated guilt than helping the case of
the criminals.
The solemnity and quiet of religious services char
acterized the trial, at which between two and three
hundred persons were present. At its close, when the
jury had returned the verdict of guilty, there was no
unseemly approval; only a long drawn sigh of relief
that the dreadful business was approaching the close.
Attending this episode were the usual hypocrisies
of society. It was predetermined by the people that
these Indians should die. For myself I think they
were guilty and ought to have died. But I would not
on that account as a narrator of facts indulge in divers
little fictions to make the affair more pathetic. Nor
was it at all necessary for the Spectator to pat the
judge on the back for being "so firm and fearless."
There was not the slightest danger that Pratt would
go against the people in this matter. But he ruled
as he did, not so much from any just or noble senti
ment, as, first, because there was present no inducement
HIST. OB., VOL. II. 7
98 LANE'S ADMINISTRATION.
to do otherwise, the fifty horses not going to the
judge; and secondly, he well knew the country would
be too hot to hold him should he do otherwise.
Sentence of death was passed upon each of the five
prisoners, the 3d of June being appointed for their
execution. Soon after their condemnation, which
they received some in sullen silence, some with signs
of terror, all confessed to having shared in the mur
ders except Kiamasumpkin, who, while admitting
that he was present at the massacre, persistently de
clared that his hands were not imbued in the white
man's blood.66
When Lane had signed the death warrants, he pre
pared his resignation, to take effect the 18th of June;
and leaving Pritehett acting governor, for the clerical
duties of which office Lane had little liking, he set
out on an expedition to southern Oregon, where he
thought he might do something to pacify the Rogue
River Indians, now as formerly committing depreda
tions upon travellers.67 His personal affairs were left
in charge of his son.68
No sooner was he well away than Pritehett began
to talk of a reprieve, and even of liberating the Ca-
yuses, but the marshal was incorruptible.69 It was
66 Blanchet's attempts to excuse his neophytes are open to reproach. Not
withstanding that three men were assigned to their defence, and that the
trial was regular and even solemn in its proceedings, and the evidence clear,
he calls it 'a sham trial which deceived no one.' He relates, with a simplicity
that would be affecting if it were not absurd after the proofs, that Tiloukaikt
and the four others on the eve of their death made a declaration in duplicate
before two witnesses, a sergeant and a corporal of the R. M. 11. , that each of
the five was innocent. Cath. Ch. in Or., 181.
^ Or. Spectator, May 30, 1850; Lane's Autobiography, MS., 58; Steele, in
Or. Council Jour., 1857-8, app., 42-3.
68 Nathaniel Lane, who accompanied his father to Oregon, resided perma
nently in the country to the date of his death, the 22d of July 1878, at the age
of 54 years. His home was in East Portland. His character was that of an
Jeorge Hay]
were Nat. and Harry Lane, and Jane, wife of Stephen Bailey. Rostburg Plain-
dealer, July 24, 1878.
69 Meek, on being approached upon this subject, at first talked in an oblig
ing tone, and expressed his willingness to do any favor for the secretary, who
was about to write a reprieve at once. ' But, Pritehett, ' said Meek, seeing the
effect of his professions of friendship, ' let us now talk like men. I have in
EXECUTION. . 99
even feared that a rescue might be attempted by the
Indians on the day of execution, and men coming in
from the country round brought their rifles, hiding
them in the outskirts of the town, not to create
alarm.70 Nothing occurred, however, to cause excite
ment. The Catholic priests took charge of the spir
itual affairs of the condemned savages, administering
the sacraments of baptism and confirmation, Father
Veyret attending them to the scaffold, where prayers
for the dying were offered. "Touching words of en
couragement," says Blanchet, " were addressed to
them on the moment of being s\vung into the air:
'Onward, onward to heaven, children; into thy hands,
0 Lord Jesus, I commend my spirit.'"71 Oh loving
and consistent Christians ! While the world of Prot
estantism regarded the victims slain at Waiilatpu as
martyrs, the priests of Catholicism made martyrs of
the murderers, arid wafted their spirits straight to
heaven. So far as the sectarian quarrel is concerned
it matters nothing, in my opinion, and I care not
whose converts these heathen may have been, if of
either; but sure I am that these Cayuses were mar
tyrs to a destiny too strong for them, to the Jugger
naut of an incompressible civilization, before whose
wheels they were compelled to prostrate themselves,
to that relentless law, the survival of the fittest, be
fore which, in spite of religion or science, we all in
turn go down.
With the consummation of the last act of the
Cayuse tragedy Lane's administration may be said to
have closed, though he was for several weeks occupied
with his duties as Indian agent in the south, a full
account of which I shall give later. Having made a
my pocket the death-warrant of them Indians, signed by Governor Lane.
The marshal will execute them men as certain as the clay arrives.' Pritchett
looked surprised and remarked: 'That is not what you just said, that you
would do anything for me.' ' You were talking then to Meek,' Joe returned,
'not to the marshal, who always does his duty.' V ictor' s River of the West,
496. The marshal's honor was less corrupt than his grammar.
'^Bacon's Merc. Life Or., MS., 25.
71 Cath. Ch. in Or., 182.
100 LANE'S ADMINISTRATION.
treaty with the Rogue River people, he went to Cal
ifornia and busied himself with gold mining until the
spring of 1851, when his friends and admirers recalled
him to Oregon to run for delegate to congress. About
the time of his return the rifle regiment departed to
return by sea to Jefferson barracks, near St Louis,
having been reduced to a mere remnant by deser
tions,72 and never having rendered any service of im
portance to the territory.^
U. S. Cavalry, 129-30. It was recruited afterward and sent
to Texas under its colonel, Brevet General P. F. Smith.
CHAPTEE IV.
A DELEGATE TO CONGRESS.
1849-1850.
THE EABLT JUDICIARY— ISLAND MILLS — ARRIVAL OF WILLIAM STRONG-
OPPOSITION TO THE HUDSON'S BAY COMPANY — ARREST OF BRITISH SHIP
CAPTAINS— GEORGE GIBBS— THE ' ALBION ' AFFAIR— SAMUEL R. THURS-
TON CHOSEN DELEGATE TO CONGRESS — His LIFE AND CHARACTER — PRO
CEEDS TO WASHINGTON — MISREPRESENTATIONS AND UNPRINCIPLED
MEASURES— RANK INJUSTICE TOWARD MCLOUGHLIN — EFFICIENT WORK
FOR OREGON— THE DONATION LAND BILL— THE CAYUSE WAR CLAIM
AND OTHER APPROPRIATIONS SECURED — THE PEOPLE LOSE CONFIDENCE
IN THEIR DELEGATE — DEATH OF THURSTON.
DURING the transition period through which the
territory was passing, complaint was made that the
judges devoted time to personal enterprises which was
demanded for the public service. I am disposed to
think that those who criticised the judges of the
United States courts caviled because they overlooked
the conditions then existing.
The members of the territorial supreme court
were Chief Justice Bryant and Associate Justice
Pratt.1 Within a few months, the chief justice's health
1 0. C. Pratt was born April 24, 1819, in Ontario County, New York. Ho
entered West Point, in the class of 1837, and took two years of the course.
His stand during this time was good, but he did not find technical military
training congenial to his tastes, excepting the higher mathematics, and ho
obtained the consent of his parents to resign his cadetship, in order to com
plete his study of law, to'which he had devoted two years previous to enter
ing the Military Academy. He passed his examination before the supremo
court of New York in 1840, and was admitted to the bar. During thia year
he took an active part in the presidential campaign as an advocate of the
election of Martin Van Buren. In 1843 ho moved to Galena, Illinois, and
established himself as an attorney at law. In 1844 ho entered heartily into
politics, as a friend of Polk, and attracted attention by his cogent discussion
of the issues then uppermost, the annexation of Texas, and the Oregon ques
tion. In 1847 he was a member of the convention to make the first revision
(101)
102 A DELEGATE TO CONGRESS.
having become impaired, lie left Oregon, returned to
Indiana, resigned, and soon after died. Associate
Justice Burnett, being in California, and very lucra
tively employed at the time that he learned of his
appointment, declined it; and as their successors,
Thomas Nelson and William Strong,2 were not soon
appointed, and came ultimately to their field of duty
around Cape Horn, Judge Pratt was left unaided
nearly two years in the judicial labors of the territory.
By act of congress, March 3, 1859, it was provided, in
the absence of United States courts in California, viola
tions of the revenue laws might be prosecuted before the
judges of the supreme court of Oregon. Under this stat
ute, Judge Pratt went to San Francisco, by request of
the secretary of the treasury, in 1849, and assisted in
the adjustment of several important admiralty cases.
Also, about the same time, in his own district, at Port
land, Oregon, as district judge of the United States
for the territory of Oregon, he held the first court of
admiralty jurisdiction within the limits of the region
now covered by the states of Oregon and California.
Another evil to the peace and quiet of the commu
nity, and to the security of property, arose soon after
the advent of the new justices — Strong,3 in August
of the constitution of Illinois. In the service of the government he crossed
tho plains to Santa Fe; thence to California. In 1848 he became a member
of the supreme court of Oregon, as noted. He was a man of striking and
distinguished personnel, fine sensibilities, analytic intelligence, eloquent,
learned in the law, and honorable.
^William Strong was born in St Albans, Vermpnt, in 1817, where he re
sided in early childhood, afterward removing to Connecticut and New York.
He was educated at Yale college, began life as principal of an academy at
Ithaca, New York, and followed this occupation while studying law, remov
ing to Cleveland, Ohio, in the mean time. On being appointed to Oregon he
took passage with his wife on the United States store-ship Supply in Novem
ber 1849 for San Francisco, and thence proceeded to the Columbia by the
sloop of war Falmouth. Judge Strong resided for a few years on the north
side of the Columbia, but finally made Portland his home, where he has long
practised law in company with his sons. During my visit to Oregon in 1878
Judge Strong, among others, dictated to my stenographer his varied experi
ences, and important facts concerning the history of Oregon. The manu
script thus made I entitled S Irony's History of Oregon. It contains a long
series of events, beginning August 1850, and running down to the time
when it was given, and is enlivened by many anecdotes, amusing and curi
ous, of early times, Indian characteristics, political affairs, and court notes.
3 Strong, who seems to have had an eye to speculation as well as other offi-
DECADENCE OF THE FUR COMPANY. 103
1850, and Nelson, in April 1, 1851 — from the inter
ference of one district court with the processes of
another. Thus it was impossible, for a time, to main
tain order in Judge Pratt's district (the second) in two
instances, sentences for contempt passed by him being
practically nullified by the interference of the judge
of the first district.
Among the changes occurring at this time none
were more perceptible than the diminishing import
ance of the Hudson's Bay Company's business in
Oregon. Not only the gold mania carried off their
servants, but the naturalization act did likewise, and
also the prospect of a title to six hundred and forty
acres of land. And not only did their servants desert
them, but the United States revenue officers and Ind
ian agents pursued them at every turn.4 When Thorn
ton was at Puget Sound in 1849 he caused the arrest
of Captain Morris, of the Harpooner, an English ves
sel which had transported Hill's artillery company to
Nisqually, for giving the customary grog to the Ind
ians and half-breeds hired to discharge the vessel in
the absence of white labor. Captain Morris was held
to bail in five hundred dollars by Judge Bryant, to
appear before him at the next term of court. What
the decision would have been can only be conjectured,
as in the absence of the judges the case never came
to trial. Morris was released on a promise never to
return to those waters.5
But these annoyances were light compared to those
which arose out of the establishment of a port of
cials, had purchased a lot of side-saddles before leaving New York, and other
goods at auction, for sale in Oregon. His saddles cost him $7.50 and §13, and
he sol I them to women whose husbands had been to the gold mines for 650,
$GO, and §75. A gross of playing cards, purchased for a cent a pack at auc
tion, sold to the soldiers for §1.50 a pack. Brown sugar purchased for 5c. a
pound by the barrel brought ten times that amount; and so on, the goods
ueing sold for him at the fur company's store. Strony's Hist. Or., MS , 27-30.
4 Roberts says, in his Recollections, MS., that Douglas left Vancouver just
in time to save his peace of mind; and it was perhaps partly with that object,
for he was a strict disciplinarian, and could never have bent to the new order
of things.
5 Roberts' Recollections, MS., 16.
104 A DELEGATE TO CONGRESS.
entry, and the extension of the revenue laws of the
United States over the country. In the spring of
1849 arrived Oregon's first United States revenue
officer, John Adair, of Kentucky; and in the autumn
George Gibbs, deputy-collector.6 No trouble seems
to have arisen for the first few months, though the
company was subjected to much inconvenience by
having to go from Fort Victoria to Astoria, a distance
of over two hundred miles, to enter the goods designed
for the American side of the strait, or for Fort Nis-
qually to which they must travel back three hundred
miles.
About the last of December 1849 the British ship
Albion, Captain Richard O. Hinderwell, William
Brotchie, supercargo, entered the strait of Fuca with
out being aware of the United States revenue laws
on that part of the coast, and proceeded to cut a cargo
of spars at New Dungeness, at the same time trading
with the natives, for which they were prepared, by
permission of the Hudson's Bay Company in London,
with certain Indian goods, though not allowed to buy
furs. The owners of the Albion, who had a govern
ment contract, had instructed the captain and super
cargo to take the spars wherever they found the best
timber, but if upon the American side of the strait, to
pay for them if they could be bought cheap. But
during a stay of about four months at Dungeness, as
6 Gibbs, who came with the rifle regiment, was employed in various posi
tions 011 the Pacific coast for several years. He became interested in philology
and published a Dictionary of the. Chinook Jargon, and other matter concern
ing the native races, as well as the geography and geology of the west coast.
In Suckley and Cooper's Natural History it is said that he spent two years in
southern Oregon, near the Klamath; that in 18.33 he joined McClellan's sur
veying party, and afterward made explorations with I. I. Stevens in Wash
ington. In 1859 he was still employed as geologist of the north-west boundary
survey with Kennedy. He was for a short time collector of customs at
Astoria. He went from there to Puget Sound, where he applied himself to
the study of the habits, languages, and traditions of the natives, which study
enabled him to make some valuable contributions to the Smithsonian Insti
tution. Mr Gibbs died at New Haven, Conn. , May 1 1 , 1873. ' He was a man of
fine scholarly attainments, 'says the Olympia Pacific Tribune, May 17, 1873,
' and ardently devoted to science and polite literature. He was something of a
wag withal, and on several occasions, in conjunction with the late Lieut.
Derby (John Phcenix) and others, perpetrated "sells" that obtained a world
wide publicity. His friends were many, warm, and earnest.'
A DISREPUTABLE AFFAIR. 105
no one had appeared of whom the timber could be
purchased, the wood-cutters continued their work un
interruptedly. In the mean time the United States
surveying schooner Ewing being in the sound, Lieu
tenant McArthur informed the officers of the Albion
that they had no right to cut timber on American
soil. When this came to the ears of deputy-collector
Gibbs, Adair being absent in California, he appointed
Eben May Dorr a special inspector of customs, with
authority to seize the Albion for violation of the
revenue laws. United States district attorney Hoi-
brook, and United States marshal Meek, were duly
informed.
The marshal, with Inspector Dorr, repaired to
Steilacoom, where a requisition was made on Cap
tain Hill for a detachment of men, and Lieutenant
Gibson, five soldiers, and several citizens proceeded
down the sound to Dungeness, and made a formal
seizure of the ship and stores on the 22d of April.
The vessel was placed in charge of Charles Kinney,
the English sailors willingly obeying him, and navi
gating the ship to Steilacoom. Arrived here every
man, even to the cook, deserted, and the captain and
supercargo were ordered ashore where they found
succor at the hospitable hands of Tolmie, at Fort
Nisqually.
It was not a very magnanimous proceeding on the
part of officers of the great American republic, but
was about what might have been expected from Indian
fighters like Joe Meek raised to new dignities.7 We
smile at the simple savage demanding pay from navi
gators for wood and water; but here were officers of
the United States government seizing and confiscating
a British vessel for cutting a few small trees from
7 See 31st Conq.< %d Sess., 8. Doc., 30, 15-16. 'We have met before,' said
BrotcMe to Meek as the latter presented himself. 'You did meet me at
Vancouver several years ago, but I was then nothing but Joe Meek, and
you ordered me ashore. Circumstances are changed since then. I am Colonel
Joseph L. Meek, United States marshal for Oregon Territory, and you, sir,
are only a damned smuggler ! Go ashore, sir !' Victor's River of the West, 505.
106 A DELEGATE TO CONGRESS.
land lately stolen from the Indians, relinquished by
Great Britain as much through a desire for peace as
from any other cause, and which the United States
government afterward sold for a dollar and a quarter
an acre, at which rate the present damage could not
possibly have reached the sum of three cents !
Kinney proved a thief, and not only stole the goods
intrusted to his care, but allowed others to do so,8 and
was finally placed under bonds for his appearance to
answer the charge of embezzlement. The ship and
spars were condemned and sold at Steilacoom Novem
ber 23d, bringing about forty thousand dollars, which
was considerably less than she was worth; the money,
according to common report, never reaching the treas
ury.9 A formal protest was entered by the captain
and supercargo immediately on the seizure of the
Albion, and the whole correspondence finally came
before congress on the matter being brought to the
attention of the secretary of state by the British
minister at Washington.
In the mean time congress had passed an act Sep
tember 28, 1850, relating to collection matters on the
Pacific coast, and containing a proviso intended to
meet such cases as this of the Albion,10 and by virtue
of which the owners and officers of the vessel were
indemnified for their losses.
This high-handed proceeding against the Albion , as
we may well imagine, produced much bitterness of
feeling on the part of the British residents north
of the Columbia,11 and the more so that the vessels
8 Or. Spectator, Dee. 19, 1850.
9 This money fell into bad hands and was not accounted for. According
to Meek 'the officers of the court' found a private use for it. Victor's River
of the West, 506.
10 That where any ship or goods may have been subjected to seizure
by any officer of the customs in the collection district of Upper California or
the district of Oregon prior to the passage of this act, and it shall be made
to appear to the satisfaction of the secretary of the treasury that the owner
sustained loss by reason of any improper seizui-e, the said secretary is author
ized to extend such relief as he may deem just and proper. 31st Cony., 1st
Sess., United States Acts and Res., 128-9.
11 ' I fancy I a,m pretty cool about it now,' says Roberts, 'but then it did
rather damp my democracy.' Recollections, MS., 17.
THE REVENUE LAWS. 107
of the Hudson's Bay Company were not exempt
from these exactions. When the troops were to be
removed from Nisqually to Steilacoom on the estab
lishment of that post, Captain Hill employed the
Forager, one of the company's vessels, to transport
the men and stores, and the settlers also having some
shingles and other insignificant freight, which they
wished carried down the sound, it was put on board
the Forager. For this violation of the United States
revenue laws the vessel was seized. But the secretary
of the treasury decided that Hill and the artillerymen
were not goods in the meaning of the statute, and
that therefore the laws had not been violated.12
Soon after the seizure of the Albion, the company's
schooner Cadboro was seized for carrying goods direct
from Victoria to Nisqually, and that notwithstanding
the duties were paid, though under protest. The
Cadboro was released on Ogden reminding the col
lector that he had given notice of the desire of the
company to continue the importation of goods direct
from Victoria, their readiness to pay duties, and also
that their business would be broken up at Nisqually
and other posts in Oregon if they were compelled to
import by the way of the Columbia River.13
In January 1850 President Taylor declared Port
land and Nisqually ports of delivery ; but subsequently
the office was removed at the instance of the Oregon
delegate from Nisqually to Olympia, when there
followed other seizures, namely, of the Mary Dare,
and the Beaver, the latter for landing Miss Rose
Birnie, sister of James Birnie formerly of Fort George,
at Fort Nisqually, without first having landed her at
Olympia.14 The cases were tried before Judge Strong,
who very justly released the vessels. Strong was
accused of bribery by the collector; but the friends
of the judge held a public meeting at Olympia sus-
12 Letter of N. M. Meridcth to S. R. Thurston, in Or. Spectator, May 2, 1850*
13 31th Confl., 2d Setts., Sen. Doc. 30, 7.
^Roberts' Recollections, MS., 16.
108 A DELEGATE TO CONGRESS.
taining him. The seizure cost the government twenty
thousand dollars, and caused much ill-feeling. This
was after the appointment of a collector for Puget
Sound in 1851, whose construction of the revenue
laws was even more strict than that of other Oregon
officials.15
Thus we see that the position of the Hudson's Bay
Company in Oregon after the passage of the act
establishing the territory was ever increasingly pre
carious and disagreeable. The treaty of 1846 had
proven altogether insufficient to protect the assumed
rights of. the company, and was liable to different
interpretations even by the ablest jurists. The com
pany claimed their lands in the nature of a grant, and
as actually alienated to the British government.
Before the passage of the territorial act, they had
taken warning by the well known temper of the
American occupants of Oregon toward them, and had
offered their rights for sale to the government at one
million of dollars; using, as I have previously inti
mated, the well known democratic editor and politician,
George N. Sanders, as their agent in Washington.
As early as January 1848 Sir George Simpson
addressed a confidential letter to Sanders, whom he
had previously met in Montreal, in which he defined
his view of the rights confirmed by the treaty, as the
right to "cultivate the soil, to cut down and export
the timber, to carry on the fisheries, to trade for furs
with the natives, and all other rights we enjoyed at
the time of framing the treaty." As to the free navi
gation of the Columbia, he held that this right like
the others was salable and transferable. " Our
possessions," he said, "embrace the very best situa
tions in the whole country for offensive and defensive
operations, towns and villages." These were all in-
15 S. P. Moses was the first collector on Puget Sound. Roberts says con
cerning him that he 'took almost every British ship that came. His conduct
was beneath the government, and probably was from beneath, also.' Recol
lections, MS., 16.
PROPOSALS OF SALE. 109
eluded in the offer of sale, as well as the lands of the
Puget Sound Agricultural Company, together with
their flocks and herds; the reason urged for making
the offer being that the company in England were
apprehensive that their possession of the country
might lead to " endless disputes, which might be pro
ductive of difficulties between the two nations," to
avoid which they were willing to make a sacrifice, and
to withdraw within the territory north of 49. °16
Sanders laid this proposition before Secretary
Buchanan in July, and a correspondence ensued
between the officers and agents of the Hudson's Bay
Company and the ministers of both governments, in
the course of which it transpired that the United
States government on learning the construction put
upon the company's right to transfer the navigation
of the Columbia, was dissatisfied with the terms of
the treaty and wished to make a new one in which
this right was surrendered, but that Great Britain
declined to relinquish the right without a considera
tion. "Her Majesty's government," said Addington,
"have no proposal to make, they being quite content
to leave things as they are."
The operation of the revenue laws, however, which
had not been anticipated by the British companies or
government, considerably modified their tone as to
the importance of their right of navigation on the
Columbia, and their privileges generally. Instead of
being in a position to dictate terms, they were at the
mercy of the United States, which could well afford
to allow them to navigate Oregon waters so long as
they paid duties. Under this pressure, in the spring
of 1849, a contract was drawn up conveying the
rights of the company under their charter and the
treaty, and appertaining to forts Disappointment,
George, Vancouver, Umpqua, Walla Walla, Boise*,
Okanagan, Colville, Kootenai, Flat Head, Nisqually,
Cowlitz, and all other posts belonging to said com-
16 31st Cong., 2d Sess., Sen. Doc. 20, 4-5.
110 A DELEGATE TO CONGRESS.
panies, together with their wild lands, reserving only
their shipping, merchandise, provisions, and stores of
every description, and their enclosed lands, except
such portions of them as the United States govern
ment might wish to appropriate for military reserves,
which were included in the schedule offered, for the
sum of seven hundred thousand dollars. The agree
ment further offered all their farms and real property
not before conveyed, for one hundred and fifty thou
sand dollars, if purchased within one year by the
government; or if the government should not elect
to purchase, the companies bound themselves to sell
all their farming lands to private citizens of the
United States within two years, so that at the end
of that time they would have no property rights
whatever in the territories of the United States.
Surely it could not be said that the British com
panies were not as anxious to get out of Oregon as
the Americans were to have them. It is more than
likely, also, that had it not been for the persistent
animosity of certain persons influencing the heads
of the government and senators, some arrangement
might have been effected; the reason given for re
jecting the offer, however, was that no purchase
could be made until the exact limits of the company's
possessions could be determined. In October 1850,
Sir John Henry Pelly addressed a letter to Webster,
then secretary of state, on the subject, in which he
referred to the seizure of the Albion, and in which he
said that the price in the disposal of their property
was but a secondary consideration, that they were
more concerned to avoid the repetition of occurrences
which might endanger the peace of the two govern
ments, and proposed to leave the matter of valuation
to be decided by two commissioners, one from each
government, who should be at liberty to call an
umpire. But at this time the same objections existed
in the indefinite limits of the territory claimed which
would require to be settled before commissioners
ABANDONMENT OF POSTS. Ill
could be prepared to decide, and nothing was done
then, nor for twenty years afterward,17 toward the
purchase of Hudson's Bay Company claims, during
which time their forts, never of much value except
for the purposes of the company, went to decay, and
the lands of the Puget Sound Company were covered
with American squatters, who, holding that the rights
of the company under the treaty of 1846 were not in
the nature of an actual grant, but merely possessory
so far as the company required the land for use until
their charter expired, looked upon their pretensions
as unfounded, and treated them as trespassers,18 at
the same time that they were compelled to pay taxes
as proprietors.19
Gradually the different posts were abandoned. The
land at Fort Umpqua was let in 1853 to W. W.
Chapman, who purchased the cattle belonging to it,20
which travellers were in the habit of shooting as
17 32d Cong., 1st Sess., H. Ex. Doc. 2, pt. iii. 473-4.
"Roberts, who was a stockholder in the Puget Sound Company, took
charge of the Cowlitzfarm in 1846. Matters went on very well for two years.
Then came the gold excitement and demoralization of the company's servants
consequent upon it, and the expectation of a donation land law. He left the
farm which he found it impossible to carry on, and took up a land claim as a
settler outside its limits, becoming a naturalized citizen of the United States.
But pioneer farming was not either agreeable or profitable to him, and was
besides interrupted by an Indian war, when he became clerk to the quarter
master general. When the Frazer River mining excitement came on he
thought he might possibly make something at the Cowlitz by raising provis
ions. But when his hay was cut and put up in cocks it was taken away by
armed men who had squatted on the land; and when the case came into
court the jury decided that they knew nothing about treaties, but did under
stand the rights of American citizens under the land law. Then followed
arson and other troubles with the squatters, who took awray his crops year
after year. The lawyers to whom he appealed could do nothing for him, and
it was only by the interference of other people who became ashamed of seeing
a good man persecuted in this manner, that the squatters on the Cowlitz
farm were linally compelled to desist from these acts, and Roberts was left in
peace until the Washington delegate, Garfield, secured patents for his clients
the squatters, and Roberts was evicted. There certainly should have been
some way of preventing outrages of this kind, and the government should
have seen to it that its treaties were respected by the people. But the peo
ple's representatives, to win favor with their constituents, persistently helped
to instigate a feeling of opposition to the claims of the British companies, or
to create a doubt of their validity. See Robert^ Recollections, MS., 7o.
19 The Puget Sound Company paid in one year §7,000 in taxes. They were
astute enough, says Roberts, not to refuse, as the records could be used to
show the value of their property. Recollection*, MS., 91.
20 A. C. Gibbs, in U. S. Ev. H. B. C. Claims, 29; W. T. Tolmie, Id., 104;
W. W. Chapman, Id., 11.
112 A DELEGATE TO CONGRESS.
game while they belonged to the company. The
stockade and buildings were burned in 1851. The
land was finally taken as a donation claim. Walla
Walla was abandoned in 1855-6, during the Indian
war, in obedience to an order from Indian Agent
Olney, and was afterward claimed by an American
for a town site. Fort Boise was abandoned in 1856
on account of Indian hostilities, and Fort Hall about
the same time on account of the statute against selling
ammunition to Indians, without which the Indian
trade was worthless. Okanagan was kept up until
1861 or 1862, when it was left in charge of an Indian
chief. Vancouver was abandoned about 1860, the
land about it being covered with squatters, English
and American.21 Fort George went out of use before
any of the others, Colville holding out longest. At
length in 1871, after a tedious and expensive ex
amination of the claims of the Hudson's Bay and
Puget Sound companies by a commission appointed
for the purpose, an award of seven hundred and fifty
thousand dollars was made and accepted, there being
nothing left which the United States could confirm
to any one except a dozen dilapidated forts. The
United States gained nothing by the purchase, unless
it were the military reserves at Vancouver, Steila-
coom, and Cape Disappointment; for the broad acres
of the companies had been donated to squatters who
applied for them as United States land. As to the
justice of the cause of the American people against
the companies, or the companies against the United
States, there will be always two opinions, as there
have always been two opinions concerning the Oregon
boundary question. Sentiment on the American side
as enunciated by the Oregon pioneers was as follows:
They held that Great Britain had no rights on the
west shore of the American continent; in which
opinion, if they would include the United States in
the same category, I would concur. As I think I
21/. L. Meek, in U. S. Ev. II. B. C. Claims, 90.
THE FINAL ISSUE. 113
have clearly shown in the History of the Northwest
Coast, whether on the ground of inherent rights,
or rights of discovery or occupation, there was little
to choose between the two nations. The people of
Oregon further held that the convention of 1818
conferred no title, in which they were correct. They
held that the Hudson's Bay Company, under its
charter, could acquire no title to land — only to the
occupancy of it for a limited time; in which position
they were undoubtedly right. They denied that the
Puget Sound Company, which derived its existence
from the Hudson's Bay Company, could have any title
to land, which was evident. They were quick to per
ceive the intentions of the parent company in laying
claim to large bodies of land on the north side of the
Columbia, and covering them with settlers and herds.
They had no thought that when the boundary was
settled these claims would be respected, and felt that
not only they but the government had been cheated —
the latter through its ignorance of the actual facts in
the case. So far I cannot fail to sympathize with
their sound sense and patriotism.
But I find also that they forgot to be just, and to
realize that British subjects on the north side of the
Columbia were disappointed at the settlement of the
boundary on the 49th parallel; that they naturally
sought indemnity for the distraction it would be to
their business to move their property out of the
territory, the cost of building new forts, opening new
farms, and laying out new roads. But above all they
forgot that as good citizens they were bound to re
spect the engagements entered into by the govern
ment whether or not they approved them ; and while
they were using doubtful means to force the British
companies out of Oregon, were guilty of ingratitude
both to the corporation and individuals.
The issue on which the first delegate to congress
elected in Oregon, Samuel B,. Thurston, received his
HIST. OB., VOL. II. 8
114 A DELEGATE TO CONGRESS.
majority, was that of the anti-Hudson's Bay Com
pany sentiment, which was industriously worked up
by the missionary element, in the absence of a large
number of the voters of the territory, notably of the
Canadians, and the young and independent western
men.22 Thurston was besides a democrat, to which
party the greater part of the population belonged;
but it is the testimony of those who knew best that
it was not as a democrat that he was elected.23 As a
member of the legislature at its last session under the
provisional government, he displayed some of those
traits which made him a powerful and useful champion,
or a dreaded and hated foe.
Much has been said about the rude and violent
manners of western men in pursuit of an object, but
Thurston was not a western man ; he was supposed to
be something more elevated and refined, more cool
and logical, more moral and Christian than the peo
ple beyond the Alleghanies; he was born and bred
an eastern man, educated at an eastern college,
was a good Methodist, and yet in the canvass of
22 Thurston received 470 votes; C. Lancaster, 321; Meek and Griffin, 46;
J. W. Nesmith, 106. Thurston was a democrat and Nesmith a whig. Tribune
Almanac, 1850, 51.
23 Mrs E. F. Odell, nee McClench, who came to Oregon as Thurston's
wife, and who cherishes a high regard for his talents and memory, has fur
nished to my library a biographical sketch of her first husband. Though
strongly tinctured by personal and partisan feeling, it is valuable as a view
from her standpoint of the character and services of the ambitious young man
who first represented Oregon in congress — how worthily, the record will
determine. Mr Thurston was born in Monmouth, Maine, in 1816, and reared
in the little town of Peru, subject to many toils and privations common to
the Yankee youth of that day. He possessed a thirst for knowledge also
common in New England, and became a hard student at the Wesleyan semi
nary at Readfield, from which he entered Bowdoin college, graduating in the
class of 1843. He then entered on the study of law in Brunswick, where he
was soon admitted to practice. A natural partisan, he became an ardent
democrat, and was not only fearless but aggressive in his leadership of the
politicians of the school. Having married Miss Elizabeth F. McClench, of
Fayette, he removed with her to Burlington, Iowa, in 1845, where he edited
the Burlington Gazette till 1847, when he emigrated to Oregon. From his
education as a Methodist, his talents, and readiness to become a partisan, he
naturally affiliated with the Mission party. Mrs Odell remarks in her Biog
raphy of Thurston, MS., 4, that he was 'not elected as a partisan, though his
political views were well understood;' but L. F. Grover, who knew him well
in college days and afterward, says that 'he ran on the issue of the missionary
settlers against the Hudson's Bay Company.' Public Life in Or., MS., 95.
CHARACTERISTICS OF THURSTON. 115
1849 he introduced into Oregon the vituperative and
invective style of debate, and mingled with it a species
of coarse blackguardism such as no Kentucky ox-
driver or Missouri flat-boatman might hope to excel.24
Were it more effective, he could be simply eloquent
and impressive; where the fire-eating style seemed
likely to win, he could hurl epithets and denuncia
tions until his adversaries withered before them.25
And where so pregnant a theme on which to rouse
the feelings of a people unduly jealous, as that of the
aggressiveness of a foreign monoply? And what easier
than to make promises of accomplishing great things
for Oregon ? And yet I am bound to say that what
this scurrilous and unprincipled demagogue promised,
as a rule he performed. He believed that to be the
best course, and he was strong enough to pursue it.
Had he never done more than he engaged to do, or
had he not privately engaged to carry out a scheme
of the Methodist missionaries, whose sentiments he
mistook for those of the majority, being himself a
Methodist, and having been but eighteen months in
Oregon when he left it for Washington, his success
as a politician would have been assured.
Barnes, in his manuscript entitled Oregon and Cali
fornia, relates that Thurston was prepared to go to
California with him when Lane issued his proclama
tion to elect a delegate to congress. He immediately
24 ' I have heard an old settler give an account of a discussion in Polk
county between Nesmith and Thurston during the canvass for the election of
delegate to congress. He said Nesmith had been accustomed to brow
beat every man that came about him, and drive him off either by ridicule or
fear. In both these capacities Nesmith was a strong man, and they all
thought Nesmith had the field. But when Thurston got up they were
astonished at his eloquence, and particularly at his bold manner. My inform
ant says that at one stage Nesmith jumped up and began to move toward
Thurston; and Thurston pointed his finger straight at him, after putting it
on his side, and said: " Don't you take another step, or a button-hole will be
seen through you," and Nesmith stopped. But the discussion proved that
Thurston was a full match for any man in the practices in which his antago
nist was distinguished, and the result was that Thurston carried the election
by a large majority.' Grover's Pub. Life, MS., 96-7.
23 ' He was a man of such impulsive, harsh traits, that he would often carry
college feuds to extremities. I have known him to get so excited in recount
ing some of his struggles, that he would take a chair and smash it all to pieces
over the table, evidenfly to exhaust the extra amount of vitality.' Id., 94.
116 A DELEGATE TO CONGRESS.
decided to take his chance among the candidates, with
what result we know.26
The first we hear of Thurston in his character of
delegate is on the 24th of January 1850, when he
rose in the house and insisted upon being allowed to
make an explanation of his position. When he left
Oregon, he said, he bore a memorial from the legisla
tive assembly to congress which he could not produce
on account of the loss of his baggage on the Isthmus.
But since he had not the memorial, he had drawn up
a set of resolutions upon the subjects embraced in the
memorial, which he wished to offer and have referred
to their appropriate committees, in order that while
the house might be engaged in other matters he
might attend to his before the committees. He had
waited, he said, nearly two months for an opportunity
to present his resolutions, and his territory had not
yet been reached in the call for resolutions. He
would detain the house but a few minutes, if he might
be allowed to read what he had drawn up. On leave
being granted, he proceeded to present, not an abstract
of the memorial, which has been given elsewhere, but
a series of questions for the judiciary committee to
answer, in reference to the rights of the Hudson's
Bay Company, and Puget Sound Agricultural Associ
ation.27 This first utterance of the Oregon delegate,
when time was so precious and so short in which to
labor for the accomplishment of high designs, gives
us the key to his plan, which was first to raise the
question of any rights of British subjects to Oregon
lands in fee simple under the treaty, and then to
exclude them if possible from the privileges of the
donation law when it should be framed.28
26 Thurston was in ill-health when he left Oregon. He travelled in a small
boat to Astoria, taking six days for the trip; by sailing vessel to San Francisco,
and to Panama by the steamer Carolina, being ill at the last place, yet having
to ride across the Isthmus, losing his baggage because he was not able to look
after the thieving carriers. His determination and ambition were remarkable.
OdelVs Biography of Thurston, MS., 56.
27 For the resolutions complete, see Cong. Globe, 1849-50, 21, pt. i. 220.
28 That Thurston exceeded the instructions of tjhe legislative assembly
there is no question. See Or. Archives, MS., 185-6.
IGNOBLE MEASURES. 117
The two months which intervened between Thurs-
ton's arrival in Washington and the day when he in
troduced his resolutions had not been lost. He had
studied congressional methods and proved himself an
apt scholar. He attempted nothing without first hav
ing tried his ground with the committees, and pre
pared the way, often with great labor, to final success.
On the 6th of February, further resolutions were
introduced inquiring into the rights of the Hudson's
Bay Company to cut and manufacture timber growing
on the public lands of Oregon, and particuarly on
lands not inclosed or cultivated by them at the time
of the ratification of the Oregon treaty; into the
right of the Puget Sound Agricultural Company to
any more land than they had under inclosure, or in a
state of actual cultivation at that time; and into the
right of the Hudson's Bay Company, under the sec
ond article of the treaty, or of British subjects trad
ing with the company, to introduce through the port
of Astoria foreign goods for consumption in the ter
ritory free of duty,29 which resolutions were referred
to the judiciary committee. On the same day he in
troduced a resolution that the committee on public
lands should be instructed to inquire into the expedi
ency of reporting a bill for the establishment of a
land office in Oregon, and to provide for the survey
of a portion of the public lands in that territory, con
taining such other provisions- and restrictions as the
committee might deem necessary for the proper man
agement and protection of the public lands.30
In the mean time a bill was before the senate for
the extinguishment of the Indian title to land west
of the Cascade Mountains. This was an important
preliminary step to the passage of a donation act.31
29 Cong. Globe, 1849-60, 295.
30 Id., 295. A correspondent of the New York Tribune remarks on
Thurs ton's resolutions : ' There are squalls ahead for the Hudson's Bay
Company.' Or. Spectator, May 2, 1850.
31 See Or. Spectator, April 18, 1850; 31st Cong., 1st Sess., U. S. Acts and
Res., 26-7; Johnson's Cal. and Or., 332; Cong. Globe, 1849-50, 1076-7; Id.,
1610; Or. Spectator, Aug. 8, 1850.
118 A DELEGATE TO CONGRESS.
It was chiefly suggested by Mr Thurston, and was
passed April 22d without opposition. Having se
cured this measure, as he believed, he next brought
up the topics embraced in the last memorial on which
he expected to found his advocacy of a donation law,
and embodied them in another series of resolutions,
so artfully drawn up32 as to compel the committee to
take that view of the subject most likely to promote
the success of the measure. Not that there was
reason to fear serious opposition to a law donating a
liberal amount of land to Oregon settlers. It had for
years been tacitly agreed to by every congress, and
could only fail on some technicality. But to get up a
sympathetic feeling for such a bill, to secure to Ore
gon all and more than was asked for through that
feeling, and to thereby so deserve the approval of the
Oregon people as to be reflected to congress, was the
desire of Thurston's active and ardent mind. And
toward this aim he worked with a persistency that
was admirable, though some of the means resorted to,
to bring it about, and to retain the favor of the party
that elected him, were as unsuccessful as they were
reprehensible.
From the first day of his labors at Washington this
relentless demagogue acted in ceaseless and open hos
tility to every interest of the Hudson's Bay Company
in Oregon, and to every individual in any way con
nected with it.33
Thurston, like Thornton, claimed to have been the
author of the donation land law. I have shown in a
32 Cong. Globe, 1849-50, 413; Or. Statesman, May 9, 1851.
33 Here is a sample of the ignorance or mendacity of the man, whichever
you will. A circular issued by Thurston while in Washington to save letter-
writing, says, speaking of the country in which Vancouver is located: 'It
was formerly called Clarke county; but at a time when British sway was in
its palmy days in Oregon, the county was changed from Clarke to Vancouver,
iu honor of the celebrated navigator, and no less celebrated slanderer of our
government and people. Now that American influence rules in Oregon, it is
due to the hardy, wayworn American explorer to realter the name of this
county, and grace it again with the name of him whose history is interwoven
with that of Oregon. So our legislature thought, and so I have no doubt
they spoke and acted at their recent session.' Johnson's Col. and Or., 267.
It was certainly peculiar to hear this intelligent legislator talk of counties
THE DONATION LAND BILL. 119
previous chapter that a bill creating the office of sur
veyor-general in Oregon, and to grant donation rights
to settlers, and for other purposes, was before congress
in both houses in January 1848, and that it failed
through lack of time, having to await the territorial
bill which passed at the last moment. Having been
crowded out, and other affairs pressing at the next
session, the only trace of it in the proceedings of con
gress is a resolution by Collamer, of Vermont, on the
25th of January 1849, that it should be made the
special order of the house for the first Tuesday of
February, when, however, it appears to have been
forgotten; and it was not until the 22d of April 1850
that Mr Fitch, chairman of the committee on territo
ries, again reported a bill on this subject. That the
bill brought up at this session was but a copy of the
previous one is according to usage; but that Thurston
had been at work with the committee some peculiar
features of the bill show.34
There was tact and diplomacy in Thurston's char
acter, which he displayed in his short congressional
in Oregon before the palmy days of British sway, and of British residents
naming counties at all. While Thurston was in Washington, the postmaster-
general changed the name of the postolfice at Vancouver to Columbia City.
Or. Statexman, May 28, 1851.
34 Thornton alleges that he presented Thurston before leaving Oregon with
a copy of his bill, Or. Hist., MS., 13, and further that ' the donation law we
now have, except the llth section and one or two unimportant amendments,
is an exact copy of the bill I prepared.' Or. Pioneer Asso. Trans. 1874, 94.
Yet when Thurston lost his luggage on the Isthmus he lost all his papers,
and could not have made an ' exact copy ' from memory. In another place he
says that before leaving Washington he drew up a land bill which he sent to
Collamer in Vermont, and would have us believe that this was the iden
tical bill which finally passed. Not knowing further of the bill than what
was stated by Thornton himself, I would only remark upon the evidence
that Collamer's term expired before 1850, though that might not have pre
vented him from introducing any suggestions of Thornton's into the bill
reported in January 1849. But now comes Thornton of his own accord, and
admits he has claimed too much. He did, he says, prepare a territorial and
also a land bill, but on 'further reliction, and after consulting others, I
deemed it not well to have these new bills offered, it having been suggested
that the bills already pending in both houses of congress could be amended
by incorporating into them whatever there was in my bills not already pro
vided for in the bills which in virtue of their being already on the calendar
would be reached before any bills subsequently introduced.' From a letter
dated August 8, 188:2, which is intended as an addendum to the Or. llit>t.t
MS., of Thornton.
120 A DELEGATE TO CONGRESS.
career. He allowed the land bill to drift along, mak
ing only some practical suggestions, until his resolu
tions had had time to sink into the minds of members
of both houses. When the bill was well on its way
he proposed amendments, such as to strike out of
the fourth section that portion which gave every set
tler or occupant of the public lands above the age of
eighteen a donation of three hundred and twenty acres
of land if a single man, and if married, or becoming
married within a given time, six hundred and forty
acres, one half to himself in his own right, and the
other half to his wife in her own right, the surveyor-
general to designate the part inuring to each;35 and
to make it read " that there shall be, and hereby is
granted to every white male settler, or occupant of the
public lands, American half-breeds included, members
and servants of the Hudson's Bay and Puget Sound
companies excepted," etc.
He proposed further a proviso "that every foreigner
making claim to lands by virtue of this act, before
he shall receive a title to the same, shall prove to
the surveyor-general that he has commenced and com
pleted his naturalization and become an American
citizen." The proviso was not objected to, but the
previous amendment was declared by Bowlin, of Mis
souri, unjust to the retired servants of the fur com
pany, who had long lived on and cultivated farms.
The debate upon this part of the bill became warm,
and Thurston, being pressed, gave utterance to the
following infamous lies:
"This company has been warring against our gov
ernment these forty years. Dr McLoughlin has been
their chief fugleman, first to cheat our government
out of the whole country, and next to prevent its
settlement. He has driven men from claims and from
35 This was the principle of the donation law as passed. The surveyor-
general usually inquired of the wife her choice, and was gallant enough to
give it her; hence it usually happened that the portion having the dwelling
and improvements upon it went to the wife.
THE CHIEF OF LIARS. 121
the country to stifle the efforts at settlement. In
1845 he sent an express to Fort Hall, eight hundred
miles, to warn the American emigrants that if they
attempted to come to Willamette they would all be
cut off; they went, and none were cut off. . . I was
instructed by my legislature to ask donations of land
to American citizens only. The memorial of the
Oregon legislature wras reported so as to ask dona
tions to settlers, and the word was stricken out, and
citizens inserted. This, sir, I consider fully bears me
out in insisting that our public lands shall not be
thrown into the hands of foreigners, who will not
become citizens, and who sympathize with us with
crocodile tears only.36... I can refer you to the su
preme judge of our territory37 for proof that this Dr
McLouofhlin refuses to file his intention to become an
O
American citizen.38 If a foreigner would bona fide
file his intentions I would not object to give him land.
There are many Englishmen, members of the Hudson's
36 The assertion contained in this paragraph that the word 'settler' was
altered to 'citizen' in the memorial was also untrue. I have a copy of the
memorial signed by the chief cherk of both the house and council, and in
scribed, 'Passed July 26, 1849,' in which congress is asked to make a grant of
640 acres of land ' to each actual settler, including widows and orphans. ' Or.
Archives, MS., 177.
37 Bryant was then in Washington to assist in the missionary scheme, of
which, as the assignees of Abernethy, both he and Lane were abettors.
88 Thurston also knew this to be untrue. William J. Berry, writing in
the Spectator, Dec. 26, 1850, says: 'Now, I assert that Mr Thurston knew,
previous to the election, that Dr McLoughlin had filed his intentions. I
heard him say, in a stump speech at the City Hotel, that he expected his (the
doctor's) vote. At the election I happened to be one of the judges. Dr
McLoughlin came up to vote; the question was asked by myself, if he had
filed his intentions. The clerk of the court, George L. Curry, Esq. , who was
standing near the window, said that he had. He voted.' Says McLoughlin:
'I declared my intention to become an American citizen on the 30th of May,
1849, as any one may see who will examine the records of the court.' Or.
Spectator, Sept. 12, 1850. Waldo, testifies: 'Thurston lied on the doctor.
He did it because the doctor would not vote for him. He lied in congress,
and got others to write lies from here about him — men who knew nothing
about it. They falsified about the old doctor cheating the people, setting the
Indians on them, and treating them badly.' Critiques, MS., 15. Says Apple-
gate: 'Thurston asserted among many other falsehoods, that the doctor utterly
refused to become an American citizen, and Judge Bryant endorsed the asser
tion.' Historical Correspondence, MS., 14. Says Grover: 'The old doctor
was looking to becoming a leading American citizen until this difficulty oc
curred in regard to his land. He had taken out naturalization papers. All
his life from young manhood had been spent in the north-west; and he was
not going to leave the country.' Public Life in Or., MS., 91.
122 A DELEGATE TO CONGRESS.
Bay Company, who would file their intention merely
to get the land, and then tell you to whistle. Now,
sir, I hope this house, this congress, this country, will
not allow that company to stealthily get possession of
all the good land in Oregon, and thus keep it out
of the hands of those who would become good and
worthy citizens." 39
Having prepared the way by a letter to the house
of representatives for introducing into the land bill a
section depriving McLoughlin of his Oregon City
claim, which he had the audacity to declare was first
taken by the Methodist mission, section eleventh of
the law as it finally passed, and as it now stands upon
the sixty-eighth page of the General Laws of Ore
gon, was introduced and passed without opposition.
Judge Bryant receiving his bribe for falsehood, by
the reservation of Aberi>ethy Island, which was "con
firmed to the legal assigns of the Willamette Milling
and Trading Company," while the remainder, except
lots sold or given away by McLoughlin previous to
the 4th of March 1849, should be at the disposal of
the legislative assembly of Oregon for the establish
ment and endowment of a university, to be located
not at Oregon City, but at such place in the territory
as the legislature might designate. Thus artfully did
the servant of the Methodist mission strive for the
ruin of McLoughlin and the approbation of his con
stituents, well knowing that they would not feel so
much at liberty to reject a bounty to the cause of
education, as a gift of any other kind.40
39 Cong. Globe, 1849-50, 1079.
40 In Thurston's letter to the house of representatives he appealed to them
to pass the land bill without delay, on the ground that Oregon was becoming
depopulated through the neglect of congress to keep its engagement. The
people of the States had, he declared, lost all confidence in their previous belief
that a donation law would be passed; and the people in the territory were
ceasing to improve, were going to California, and when they were fortunate
enough to make any money, were returning to the Atlantic States. ' Our pop
ulation,' he said, ' is dwindling away, and our anxieties and fears can easily be
perceived.' Of the high water of 1849-50, which carried away property and
damaged mills to the amount of about §300,000, he said: ' The owners who have
means dare not rebuild because they have no title. Each man is collecting
his means in anticipation that he may leave the country. ' And this, although
OVERREACHED HIMSELF. 123
In his endeavor to accomplish so much villany the
delegate failed. The senate struck out a clause in the
fourth section which required a foreigner to emigrate
from the United States, and which he had persuaded
the house to adopt by his assertions that without it
the British fur company would secure to themselves
all the best lands in Oregon. Another clause insisted
on by Thurston when he found he could not exclude
British subjects entirely, was that a foreigner could
not become entitled to any land notwithstanding his
intentions were declared, until he had completed his
naturalization, which would require two years; and
this was allowed to stand, to the annoyance of the
Canadian settlers who had been twenty years on their
claims.41 But the great point gained in Thurston's
estimation by the Oregon land bill was the taking-
away from the former head of the Hudson's Bay
Company of his dearly bought claim at the falls of
the Willamette, where a large portion of his fortune
was invested in improvements. The last proviso of
the fourth section forbade any one claiming under the
land law to claim under the treaty of 1846. McLough-
lin, having declared his intention to become an Ameri
can citizen was no longer qualified to claim under the
treaty, and congress having, on the representations of
Thurston, taken from McLoughlin what he claimed
under the land law there was left no recourse what
ever.42
he had told Johnson, California, and Oregon, which see, page 252, exactly
the contrary. See Or. Spectator, Sept. 12th, and compare with the following:
There were 38 mills in Oregon at the taking of the census of 1850, and a fair
proportion of them ground wheat. They were scattered through all the
counties from the sound to the head of the Willamette Valley. Or. Statesman,
April 25, 1851; and with this: 'The census of 1849 showed a population of
over 9,000, about 2,000 being absent in the mines. The census of 1850
showed over 13,000, without counting the large immigration of that year or
the few settlers in the most southern part of Oregon.' Or. Statesman, April
10th and 25, 1851.
" Cong. Globe, 1849-50, 1853.
42 Says Applegate: 'It must have excited a kind of fiendish merriment in
the hearts of Bryant and Thurston; for notwithstanding their assertions to
the contrary, both well knew that the doctor by renouncing his allegiance to
Great Britain had forfeited all claims as a British subject.' Historical Cor
respondence, MS., 15.
124 A DELEGATE TO CONGRESS.
I have said that Thurston claimed the Oregon land
bill as his own. It was his own so far as concerned
the amendments which damaged the interests of men
in the country whom he designated as foreigners, but
who really were the first white persons to maintain a
settlement in the country, and who as individuals,
were in every way entitled to the same privileges
as the citizens of the United States, and who had
at the first opportunity offered themselves as such.
In no other sense was it his bill. There was not an
important clause in it which had not been in contem
plation for years, or which was not suggested by the
frequent memorials of the legislature on the subject.
He worked earnestly to have it pass, for on it, he
believed, hung his reelection. So earnestly did he
labor for the settlement of this great measure, and for
all other measures which he knew to be most desired,
that though they knew he was a most selfish and
unprincipled politician, the people gave him their
gratitude.43
A frequent mistake of young, strong, talented, but
inexperienced and unprincipled politicians, is that of
going too fast and too far. Thurston was an exceed
ingly clever fellow ; the measures which he took upon
himself to champion, though in some respects unjust
and infamous, were in other respects matters which lay
very near the heart of the Oregon settler. But like
Jason Lee, Thurston overreached himself. The good
that he did was dimmed by a sinister shadow. In
September a printed copy of the bill, containing the
obnoxious eleventh section, with a copy of his letter
to the house of representatives, and other like matter,
was received by his confidants, together with an in
junction of secrecy until sufficient time should have
43Grover, Public Life in Oregon, MS., 98-9, calls the land bill ' Thurston >s
work, based upon Linn's bill;' but Grover simply took Thurston's word for it,
he being then a young man, whom Thurston persuaded into going to Oregon.
Johnson's Gal. and Or., which is, as to the Oregon part, merely a reprint of
Thurston's papers, calls it Thurston's bill. Hines, Or. and Institutions, does
the same; but any one conversant with the congressional and legislative
history of Oregon knows better.
McLOUGHLIN'S REPLY. 125
passed for the bill to become a law.44 When the vile
injustice to John McLoughlin became known, those
of Thurston 's friends who were not in the conspiracy
met the charge with scornful denial. They would not
believe it.45 And when time had passed, and the mat
ter became understood, the feeling was intense. Mc
Loughlin, as he had before been driven by the thrusts
of his enemies to do, replied through the Spectator
to the numerous falsehoods contained in the letter.46
He knew that although many of the older settlers
44 ' Keep this still, ' writes the arch schemer, ' till next mail, when I shall
send them generally. The debate on the California bill closes next Tuesday,
when I hope to get passed my land bill; keep dark 'til next mail. Thurston.
June 9, 1850.' Or. Spectator, Sept. 12, 1850.
43 Wilson Blain, who was at that time editor of the Spectator, as Robert
Moore was proprietor, found himself unable to credit the rumor. ' We ven
ture the assertion/ he says, ' that the story was started by some malicious or
mischief -making person for the purpose of preventing the improvement of
Clackamas rapids.' Or. Spectator, Aug. 22/1850.
46 ' He says that I have realized, up to the 4th of March 1849, $200,000 from
sale of lots; this is also wholly untrue. I have given away lots to the Metho
dists, Catholics, Presbyterians, Congregationalists, and Baptists. I have
given eight lots to a Roman Catholic nunnery, and eight lots to the Clacka
mas Female Protestant seminary, incorporated by the Oregon legislature.
The trustees are all Protestants, though it is well known I am a Roman
Catholic. In short, in one way and another I have donated to the county,
to schools, to churches, and private individuals, more than three hundred
town lots, and I never realized in cash $20,000 from all the original sales I
ever made ... I was a chief factor in the Hudson's Bay Company service, and
by the rules of the company enjoy a retired interest, as a matter of right.
Capt. McNeil, a native-born citizen of the United States of America, holds
the same rank that I held in the Hudson's Bay Company's service. He never
was required to become a British subject; he will be entitled, by the laws of
the company, to the same retired interest, no matter to what country he may
owe allegiance. ' After declaring that he had taken out naturalization papers,
and that Thurston was aware of it, and had asked him for his vote and influ
ence, but that he had voted against him, he says: ' But he proceeds to refer
to Judge Bryant for the truth of his statement, in which he affirms that I
assigned to Judge Bryant as a reason why I still refused to declare my inten
tion to become an American citizen, that I could not do it without prejudic
ing my standing in England. I am astonished how the supreme judge could
have made such a statement, as he had a letter from me pointing out that I
had declared my intention of becoming an American citizen. The cause
which led to my writing this letter is that the island, called Abernethy's
Island by Mr Thurston, and which he proposes to donate to Mr Abernethy,
his heirs and assigns, is the same island which Mr Hathaway and others
jumped in 1841, and formed themselves into a joint stock company, and
erected a saw and grist-mill on it, as already stated. From a desire to pre
serve the peace of the country, I deferred bringing the case to a trial 'til the
government extended its jurisdiction over the country; but when it had done
so, a few days after the arrival of Judge Bryant, and before the courts were
organized, Judge Bryant bought the island of George Abernethy, Esq., who
had bought the stock of the other associates, and as the island was in Judge
Bryant's district, and as there were only two judges in the territory, I
126 A DELEGATE TO CONGRESS.
understood the merits of the case, all classes were
to be appealed to. There were those who had no
regard for truth or justice; those who cared more
for party than principle; those who had ignorantly
believed the charges made against him; and those
who, from national, religious, or jealous feelings, were
united in a crusade against the man who represented
in their eyes everything hateful in the British char
acter and unholy in the Catholic religion, as well as
the few who were wilfully conspiring to complete the
overthrow of this British Roman Catholic aristocrat.
There were others besides McLouofhlin who felt
O
themselves injured; those who had purchased lots in
Oregon City since the 4th of March 1849. Notice
was issued to these property-holders to meet for the
purpose of asking congress to confirm their lots to
them also. Such a meeting was held on the 19th of
September, in Oregon City, Andrew Hood being
chairman, and Noyes Smith secretary. The meeting
was addressed by Thornton and Pritchett, and a
memorial to congress prepared, which set forth that
the Oregon City claim was taken and had been held
in accordance with the laws of the provisional and
territorial governments of Oregon; and that the
memorialists considered it as fully entitled to pro
tection as any other claim; no intimation to the
contrary ever having been made up to that time.
That under this impression, both before and since the
4th of March 1849, large portions of it, in lots and
blocks, had been purchased in good faith by many
citizens of Oregon, who had erected valuable buildings
thereon, in the expectation of having a complete and
sufficient title when congress should grant a title to
thought I could not at the time bring the case to a satisfactory decision. I
therefore deferred bringing the case to a time when the bench would be full . . .
Can the people of Oregon City believe that Mr Thurston did not know, some
months before he left this, that Mr Abernethy had sold his rights, whatever
they were, to Judge Bryant, and therefore proposing to congress to donate
this island to Mr Abernethy, his heirs and assigns, was in fact, proposing to
donate it to Judge Bryant, his heirs and assigns.' Or. Spectator, Sept. 12,
1850.
OREGON CITY CLAIM. 127
the original occupant. That since the date mentioned,
the occupant of the claim had donated for* county,
educational, charitable, and religious purposes more
than two hundred lots, which, if the bill pending
should pass, would be lost to the public, as well as a
great loss sustained by private individuals who had
purchased property in good faith. They therefore
prayed that the bill might not pass in its present
form, believing that it would work a "severe, inequi
table, unnecessary, and irremediable injustice." The
memorial was signed by fifty-six persons,47 and a reso
lution declaring the selection of the Oregon City
claim for reservation uncalled for by any consider
able portion of the citizens of the territory, and as
invidious and unjust to McLoughlin, was offered by
Wait and adopted, followed by another by Thorn
ton declaring that the gratitude of multitudes of
people in Oregon was due to John McLoughlin for
assistance rendered them. In some preliminary re
marks, Thornton referred to the ingratitude shown
their benefactor, by certain persons who had not paid
their debts to McLoughlin, but who had secretly
signed a petition to take away his property. Mc
Loughlin also refers to this petition in his newspaper
defence; but if there was such a petition circulated
or sent it does not appear in any of the public docu
ments, and must have been carefully suppressed by
Thurston himself, and only used in the committee
rooms of members of congress.48
47 The names of the signers were: Andrew Hood, Noyes Smith, Forbes
Barclay, A. A. Skinner, James D. Holman, W. C. Holman, J. Quinn Thorn
ton, Walter Pomeroy, A. E. Wait, Joseph 0. Lewis, James M. Moore, Robert
Moore, R. R. Thompson, George H. Atkinson, M. Crawford, Wm. Hood,
Thomas Lowe, Wm. B. Campbell, John Fleming, G. Hanan, Robert Canfield,
Alex. Brisser, Samuel Welch, Gustavus A. Cone, Albert Gaines, W. H.
Tucker, Arch. McKinlay, Richard McMahon, David Burnsides, Hezekiah
Johnson, P. H. Hatch, J. L. Morrison, Joseph Parrott, Ezra Fisher, Geo. T.
Allen, L. D. C. Latourette, D. D. Tompkins, Wm. Barlow, Amory Holbrook,
Matthew Richardson, John McClosky, Wm. Holmes, H. Burns, Wm. Chap
man, Wm. K. Kilborn, J. R. Ralston, B. B. Rogers, Chas. Friedenberg,
Abraham Wolfe, Samuel Vance, J. B. Backenstos, John J. Chandler. S. W.
Moss, James Winston Jr., Septimus Huelot, Milton Elliott. Or. Spectator,
Sept. 26, 1850.
48 Considering the fact that Thornton had been in the first instance the
128 A DELEGATE TO CONGRESS.
Not long after the meeting at Oregon City, a pub
lic gathering of about two hundred was convened at
Salem for the purpose of expressing disapproval of the
resolutions passed at the Oregon City meeting, and
commendation of the cause of the Oregon delegate.*9
In November a meeting was held in Linn county
at which resolutions were passed endorsing Thurston
and denouncing McLoughlin. Nor were there want
ing those who upheld the delegate privately, and who
wrote approving letters to him, assuring him that he
was losing no friends, but gaining them by the score,
and that his course with regard to the Oregon City
claim would be sustained.50
Mr Thurston has been since condemned for his
action in the matter of the Oregon City claims. But
even while the honest historian must join in reprobat-
unsuccessf ul agent of the leading missionaries in an effort to take away the claim
of McLoughlin, it might be difficult to understand how he could appear in the
role of the doctor's defender. But ever since the failure of that secret mission
there had been a coolness between Abernethy and his private delegate, who,
now that he had been superseded by a bolder and more fortunate though no
less unscrupulous man, had publicly espoused the cause of the victim of all
this plotting, who still, it was supposed, had means enough left to pay for the
legal advice he was likely to need, if ever he was extricated from the anomalous
position into which he would be thrown by the passage of the Oregon land bill.
His affectation of proper sentiment imposed upon McLoughlin, who gave him
employment for a considerable time. As late as 1870, however, this doughty
defender of the just, on the appearance in print of Mrs Victor's River of the
West, in which the author gives a brief statement of the Oregon City claim
case, having occasion at that time to court the patronage of the Methodist
church, made a violent attack through its organ, the Pacific Christian Advo
cate, upon the author of that book for taking the same view of the case which
is announced in the resolution published under his own name in the Spectator
of September 26, 1850. But not having ever been able to regain in the church
a standing which could be made profitable, and finding that history would
vindicate the right, he has made a request in his autobiography that the fact
of his having been McLoughlin's attorney should be mentioned, ' in justice to
the doctor!' It will be left for posterity to judge whether Thornton or
McLoughlin was honored by the association.
49 William Shaw, a member of the committee framing these resolutions,
says, in his Pioneer Life, MS., 14-15: 'I came here, to Oregon City, and
spent what money I had for flour, coffee, and one thing and another; and I
went back to the Hudson's Bay Company and bought 1,000 pounds of flour
from Douglass. I was to pay him for it after I came into the Valley. He
trusted me for it, although he had never seen me before. I took it up to the
Dalles and distributed it among the emigrants. ' W. C. Rector has, in later
years, declared that McLoughlin was the father of Oregon. McLoughlin little
understood the manner in which public sentiment is manufactured for party
or even for individual purposes, when he exclaimed indignantly: ' No man
could be found to assert ' that he had done the things alleged.
50 Udell's Biog. of Thurston, MS., 26.
UPHOLDING THE WRONG. 129
ing his unscrupulous sacrifice of truth to secure his
object, the people then in Oregon should be held as
deserving of a share in the censure which has attached
to him. His course had been marked out for him by
those who stood high in society, and who were leaders
of the largest religious body in Oregon. He had been
elected by a majority of the people. The people had
been pleased and more than pleased with what he had
done. When the alternative had been presented to
them of condemning or endorsing him for this single
action, their first impulse was to sustain the man who
had shown himself their faithful servant, even in the
wrong, rather than have his usefulness impaired. Al
most the only persons to protest against the robbery
of McLoughlin were those who were made to suffer
with him. All others either remained silent, or wrote
encouraging letters to Thurston, and as Washington
was far distant from Oregon he was liable to be de
ceived.51
When the memorial and petition of the owners of
lots in Oregon City, purchased since the 4th of March
1849, came before congress, there was a stir, because
Thurston had given assurances that he was acting
in accordance with the will of the people. But the
memorialists, with a contemptible selfishness not unu
sual in mankind, had not asked that McLoughlin's
claim might be confirmed to him, but only that their
lots might not he sacrificed.
Thurston sought everywhere for support. While
in Washington he wrote to Wyeth for testimony
against McLoughin, but received from that gentleman
only the warmest praise of the chief factor. Sus
pecting Thurston's sinister design Wyeth even wrote
51 Thornton wrote several articles in vindication of McLoughlin's rights;
but he was employed by the doctor as an attorney. A. E. Wait also denounced
Thurston's course; but he also was at one time employed by the doctor.
Wait said : ' I believed him (Thurston) to be strangely wanting in discretion;
morally and politically corrupt; towering in ambition, and unscrupulous of
the means by which to obtain it; fickle and suspicious in friendship; implaca
ble and revengeful in hatred, vulgar in speech, and prone to falsehood. ' Or.
Spectator, March 20, 1851.
HIST. OB., VOL. II. 9
130 A DELEGATE TO CONGRESS.
to Winthrop, of Massachusetts, cautioning him against
Thurston's misrepresentations. Then Thurston pre
pared an address to the people of Oregon, covering
sixteen closely printed octavo pages, in which he re
counts his services and artifices.
With no small cunning he declared that his reason
for not asking congress to confirm to the owners lots
purchased or obtained of McLoughlin after the 4th
of March, 1849, was because he had confidence that
the legislative assembly would do so; adding that the
bill was purposely so worded in order that McLough
lin would have no opportunity of transferring the
property to others who would hold it for him. Thus
careful had he been to leave no possible means by
which the man who had founded and fostered Oregon
City could retain an interest in it. And having openly
advocated educating the youth of Oregon with the
property wrested from the venerable benefactor of
their fathers and mothers, he submitted himself for
reelection,52 while the victim of missionary and per
sonal malice began the painful and useless struggle to
free himself from the toils by which his enemies had
surrounded him, and from which he never escaped dur
ing the few remaining years of his life.53
52 Address to the Electors, 12.
63 McLoughlin died September 3, 1857, aged 73 years. He was buried in
the enclosure of the Catholic church at Oregon City; and on his tombstone, a
plain slab, is engraved the legend: 'The Pioneer and Friend of Oregon; also
The Founder of this City. ' He laid his case before congress in a memorial,
with all the evidence, but in vain. Lane, who was then in that body as a
delegate from Oregon, and who was personally interested in defeating the
memorial, succeeded in doing so by assertions as unfounded as those of
Thurston. This blunt old soldier, the pride of the people, the brave killer of
Indians, turned demagogue could deceive and cheat with the best of them.
See Cong. Globe, 1853-4, 1080-82, and Letter of Dr AfcLonghlin, in Portland
Oreijonian, July 22, 1854. Toward the close of his life McLoughlin yielded
to the tortures of disease and ingratitude, and betrayed, as he had never done
before, the unhappiness his enemies had brought upon him. Shortly before
his death he said to Grover, then a young man : 'I shall live but a little while
longer; and this is the reason that I sent for you. I am an old man and just
dying, and you are a young man and will live many years in this country.
As for me, I might better have been shot' — and he brought it out harshly —
'like a bull; I might better have been shot forty years ago !' After a silence,
for I did not say anything, he concluded, ' than to have lived here, and tried
to build up a family and an estate in this government. I became a citizen of
the United States in good faith. I planted all I had here, and the govern-
DEATH OF McLOUGHLIN. 131
When the legislative assembly met in the autumn
of 1850 it complied with the suggestion of Thurston,
so far as to confirm the lots purchased since March
1849 to their owners, by passing an act for that pur
pose, certain members of the council protesting.5* This
act was of some slight benefit to McLoughlin, as it
stopped the demand upon him, by people who had
purchased property, to have their money returned.55
Further than this they refused to go, not having a
clear idea of their duty in the matter. They neither
accepted the gift nor returned it to its proper owner,
and it was not until 1852, after McLoughlin had com
pleted his naturalization, that the legislature passed
an act accepting the donation of his property for the
purposes of a university.56 Before it was given back
to the heirs of McLoughlin, that political party to
which Thurston belonged, and which felt bound to
justify his acts, had gone out of power in Oregon.
Since that time many persons have, like an army in
a wilderness building a monument over a dead com
rade by casting each a stone upon his grave, placed
their tribute of praise in my hands to be built into
ment has confiscated my property. Now what I want to ask of you is, that
you will give your influence, after I am dead, to have this property go to my
children. I have earned it, as other settlers have earned theirs, and it ought
to be mine and my heirs'.' 'I told him,' said Grover, 'I would favor his
request, and I always did favor it; and the legislature finally surrendered the
property to his heirs.' Pub. Life, MS., 88-90.
51 Waymire and Miller protested, saying that it was not in accordance
with the object of the donation, and was robbing the university; that the
assembly were only agents in trust, and had no right to dispose of the prop
erty without a consideration. Or. Spectator, Feb. 13, 1851.
55 'My father paid back thousands of dollars,' says Mrs Harvey. Life of
McLoughlin, MS., 38.
56 The legislature of 1852 accepted the donation. In 1853-4 a resolution
was offered by Orlando Humason thanking McLoughlin for his generous con
duct toward the early settlers; but as it was not in very good taste wrongfully
to keep a man's property while thanking him for previous favors, the reso
lution was indefinitely postponed. In 1855-6 a memorial was drawn up by
the legislature asking that certain school lands in Oregon City should ba
restored to John McLoughlin, and two townships of land in lieu thereof
should be granted to the university. Salem, Or. Statesman, Jan 29th and Feb.
5, 1856. Nothing was done, however, for the relief of McLoughlin or his
heirs until 1862, when the legislature conveyed to the latter for the sum of
$1,000 the Oregon City claim; but the long suspension of the title had driven
money seeking investment away from the place and materially lessened its
value.
132 A DELEGATE TO CONGRESS.
the monument of history testifying one after another
to the virtues, magnanimity, and wrongs of John Mc-
Loughlin.57
Meanwhile, and though reproved by the public
prints, by the memorial spoken of, and by the act of
the legislature in refusing to sanction so patent an
iniquity,53 the Oregon delegate never abated his in
dustry, but toiled on, leaving no stone unturned to
secure his reelection. He would compel the appro
bation and gratitude of his constituency, to whom he
was ever pointing out his achievements in their be
half.59 The appropriations for Oregon, besides one
hundred thousand dollars for the Cayuse war ex
penses, amounted in all to one hundred and ninety
thousand dollars.60
57 McKinlay, his friend of many years, comparing him with Douglas,
remarks that McLoughlin's name will go down from generation to generation
when Sir James Douglas' will be forgotten, as the maker of Oregon, and one
of the best of men. Compton's Forts and Fort Life, MS., 2. Finlayson says
identically the same in Vane. hi. and N. W. Coast, MS., 28-30. There are
similar observations in Minto's Early Days, MS. , and in Waldo's Critiques,
MS.; Brown's Willamette Valley, MS.; Par risk's Or. Anecdotes, MS.; Joseph
Watt, in Palmer's Wa<jon Trains, MS.; Rev. Geo. H. Atkiuson, in Ore<jon
Colonisf, 5; M. P. Deady, in Or. Pioneer Assoc., Trans., 187"), 18; W. H. Ree.\
Id., 1879, 31; Graver's Public Life in Or., MS., 86-92; Ford's Roadmakers,
MS.; Crawford's Missionaries, MS.; Moss' Pioneer Times, MS.; Burnett's
Reflections, MS., i. 91-4, 273-4, 298, 301-3; Mrs E. M. Wilson, in Oregon
Sketches, MS., 19-21; Blanchet'sCath. Ch. in Or., 71; Chadwick's Pub. Records,
MS., 4-5; H. H. Spalding, in 27th Cong., ZdSess., 830, 57; Ebbert's Trapper's
Life, MS., 36-7; Petti/grove's Oregon, MS., 1-2, 5-6; Lovejoy's Portlan ', MS.,
37; Anderson's Hist. 'N. W. Coast., MS., 15-16; Applegate's Views of Jlixt.,
MS., 12, 15-16; Id., in Saxon's Or. Ter., 131-41; C. Lancaster, in Cong. Globe,
1853-4, 1080, and others already quoted.
58 Or. Spectator, Dec. 19 and 26, 1850.
59 W. W. Buck, who was a member of the council, repudiated the idea
that Oregon was indebted to Thurston for the donation law, which Linn and
Benton had labored for long before, and asserted that he had found congress
ready and willing to bestow the long promised bounty. And as to the appro
priations obtained, they were no more than other territories east of the moun
tains had received.
60 The several amounts were, $20,000 for public buildings; $20,000 for a
penitentiary; $53,140 for lighthouses at Cape Disappointment, Cape Flattery,
and New Dungeness, and for buoys at the mouth of the Columbia River;
$25,000 for the purposes of the Indian bill; $24,000 pay for legislature,
clerks' hire, office rents, etc; $15,000 additional Indian fund; $10,000 de
ficiency fund to make up the intended appropriation of 1848, which had
merely paid the expenses of the nlessengers, Thornton and Meek; $10,000 for
the pay of the superintendent of Indian affairs, his clerks, office rent, etc. ;
$10,500, salaries for the governor, secretary, and judges; $1,500 for taking
PERSISTENT EFFORT. 133
Mr Thurston set an example, which his immediate
successors were compelled to imitate, of complete con
formity to the demands of the people. He aspired to
please all Oregon, and he made it necessary for those
who came after him to labor for the same end. It
was a worthy effort when not carried too far; but no
man ever yet succeeded for any length of time in act
ing upon that policy; though there have been a few
who have pleased all by a wise independence of all.
In his ardor and inexperience he went too far. He
not only published a great deal of matter in the east
to draw attention to Oregon, much of which was cor
rect, and some of which was false, but he wrote
letters to the people of Oregon through the Specta
tor™ showing forth his services from month to month,
and giving them advice which, while good in itself,
was akin to impudence on the part of a young man
whose acquaintance with the country was of recent
date. But this was a part of the man's temperament
and character.
Congress passed a bounty land bill, giving one
hundred and sixty acres to any officer or private who
had served one year in any Indian war since 1790,
or eighty acres to those who had served six months.
This bill might be made to apply to those who had
served in the Cayuse war, and a bill to that effect
was introduced by Thurston's successor; but Thurston
had already thought of doing something for the old
soldiers of 1812 and later, many of whom were set
tlers in Oregon, by procuring the passage of a bill
establishing a pension agency.62
He kept himself informed as well as he could of
everything passing in Oregon, and expressed his ap
proval whenever he could. He complimented the
the census; $1,500 contingent fund; and a copv of the exploring expedition
for the territorial library. 31st Cong., 1st Sees"., U. S. Acts and Res., 13, 27,
28, 31, 72, 111, 159-60, 192, 198; Or. Spectator, Aug. 8th and 22d, and Oct.
'6lOr. Spectator, from Sept. 26th to Oct. 17, 1850.
62 Cong. Globe, 1849-50, 564. Theophilus Magruder was appointed pension
agent. Or. Spectator, July 25, 1850.
134 A DELEGATE TO CONGRESS.
school superintendent, McBride, on the sentiments
uttered in his report. He wrote to William Meek of
Milwaukie that he was fighting hard to save his land
claim from being reserved for an ordnance depot.
He procured, unasked, the prolongation of the legisla
tive session of 1850 from sixty to ninety days, for
the purpose of giving the assembly time to perfect a
good code, and also secured an appropriation sufficient
to meet the expense of the long session.63 He secured,
when the cheap postage bill was passed, the right of
the Pacific coast to a rate uniform with the Atlantic
states, whereas before the rate had been four times as
high; and introduced a bill providing a revenue cutter
for the district of Oregon, and for the establishment of
O '
a marine hospital at Astoria; presented a memorial
from the citizens of that place asking for an appropria
tion of ten thousand dollars for a custom-house; and
a bill to create an additional district, besides applica
tion for additional ports of entry on the southern
coast of Oregon.
In regard to the appropriation secured of $100,000
for the Cayuse war, instead of $150,000 asked for,
Thurston said he had to take that or nothing. No
money was to be paid, however, until the evidence
should be presented to the secretary of the treasury
.that the amount claimed had been expended.64
This practically finished Mr Thurston's work for
the session, and he so wrote to his constituents. The
last of the great measures for Oregon, he said, had
been consummated; but they had cost him dearly, as
his impaired health fearfully admonished him. But
he declared before God and his conscience he had
done all that he could do for Oregon, and with an eye
single to her interests. He rejoiced in his success;
63 Id., Oct. 10, 1850; Slat Conrj., 1st Sess., U. S. Acts and Res., 31.
64 A memorial was received from the Oregon legislature after the passage
of the bill dated Dec. 3, 1850, giving the report of A. E. Wait, commis
sioner, stating that he had investigated and allowed 340 claims, amounting in
all to $87,230.53; and giving it as his opinion that the entire indebtedness
would amount to about $150,000. 31st Cong., 2d Sess., Sen. Misc. Doc. 29, 3-11.
DECLINE OF INFLUENCE. 135
and though slander might seek to destroy him, it
could not touch the destiny of the territory.65
Between the time of the receipt of the first copy
of the land bill and the writing of this letter partisan
feeling had run high in Oregon, and the newspapers
were filled with correspondence on the subject. Much
of this newspaper writing would have wounded the
delegate deeply, but he was spared from seeing it by
the irregularity and insufficiency of the mail trans
portation,66 which brought him no Oregon papers for
several months.
It soon became evident, notwithstanding the first
impulse of the people to stand by their delegate, that
a reaction was taking place, and the more generous-
minded were ashamed of the position in which the
eleventh section of the land bill placed them in the
eyes of the world ; that with the whole vast territory
of Oregon wherein to pick and choose they must
needs force an old man of venerable character from
his just possessions for the un-American reason that
he was a foreigner born, or had formerly been the
honored head of a foreign company. It was well un
derstood, too, whence came the direction of this vin
dictive action, and easily seen that it would operate
against the real welfare of the territory.
The more time the people had in which to think
over the matter, the more easily were they convinced
that there were others who could fill Thurston's place
without detriment to the public interests. An in
formal canvass then began, in which the names67 of
65 Or. Spectator, April 3, 1851. The appropriations made at the second
session of the 31st Congress for Oregon were' for the expenses of the territory
$30,000; for running base and meridian lines, $9,000; for surveying in Ore
gon, $51,840; for a custom-house, $10,000; for a light-house and fog-signal at
Umpqua River, $15,000; for fog-signals at the light-houses to be erected at
Disappointment, Flattery, and New Dungeness, $3,000.
66 Writing Jan. 8th, he says: 'September is the latest date of a paper I have
seen. I am uninformed as yet what the cause is, only from what I expe
rienced once before, that the steamer left San Francisco before the arrival
of, or without taking the Oregon mail.5 Or. Spectator, April 10, 1850.
67 'There are many very worthy and meritorious citizens who migrated to
this country at an early day to choose from. I would mention the names of
some of the number, leaving the door open, however, to suggestions from
136 A DELEGATE TO CONGRESS.
several well known citizens and early settlers were
mentioned; but public sentiment took no form before
March, when the Star, published at Milwaukie, pro
claimed as its candidate Thurston's opponent in the
election of 1849, Columbia Lancaster. In the mean
time R. R. Thompson had been corresponding with
Lane, who was still mining in southern Oregon, and
had obtained his consent to run if his friends wished
it.68 The Star then put the name of Lane in place of
that of Lancaster; the Spectator, now managed by
D. J. Schnebley, and a new democratic paper, the
Oregon Statesman, withholding their announcements
of candidates until Thurston, at that moment on his
way to Oregon, should arrive and satisfy his friends
of his eligibility.
But when everything was preparing to realize or to
give the lie to Thurston's fondest hopes of the future,
there suddenly interposed that kindest of our enemies,
death, and saved him from humiliation. He expired
on board the steamer California, at sea off Acapulco
on the 9th of April 1851, at the age of thirty- five
years. His health had long been delicate, and he had
not spared himself, so that the heat and discomfort
of the voyage through the tropics, with the anxiety of
mind attending his political career, sapped the low-
burning lamp of life, and its flickering flame was ex
tinguished. Yet he died not alone or unattended.
He had in his charge a company of young women,
teachers whom Governor Slade of Vermont was send
ing to Oregon,69 who now became his tender nurses,
others, namely, Jesse Applegate, J. W. Nesmith, Joel Pafmer, Daniel Waldo,
Rev. Wm Roberts, the venerable Robert Moore, James M. Moore, Gen.
Joseph Lane and Gen. Lovejoy, and many others who have recently arrived
in the country.' Cor. of the Or. Spectator, March 27, 1851.
680r. Spectator, March 6, 1851; Lane's Autobiography, MS., 57.
69 Five young women were sent out by the national board of educa
tion, at the request of Abernethy and others, under contract to teach two
years, or refund the money for their passage. They were all soon married,,
as a matter of course — Miss Wands to Governor Gaines; Miss Smith to Mr
Beers; Miss Gray to Mr McLeach; Miss Lincoln to Judge Skinner; and Miss
Millar to Judge Wilson. Or. Sketches, MS., 15; Graver's Pub. Life in Or.,
MS., 100; Or. Spectator, March 13, 1851.
DEATH OF THUESTOK 137
and when they had closed his eyes forever, treasured
up every word that could be of interest to his bereaved
wife and friends.70 Thus while preparing boldly to vin
dicate his acts and do battle with his adversaries, he
was forced to surrender the sword which was too sharp
for its scabbard, and not even his mortal remains were
permitted to reach Oregon for two years.71
The reverence we entertain for one on whom the
gods have laid their hands, caused a revulsion of feeling
and an outburst of sympathy. Had he lived to make
war in his own defence, perhaps McLoughlin would
have been sooner righted; but the people, who as a
majority blamed him for the disgraceful eleventh sec
tion of the land law, could not touch the dead lion
with disdainful feet, and his party who honored his
talents72 and felt under obligations for his industry,
protected his memory from even the implied censure
70 Mrs E. M. Wilson, daughter of Rev. James P. Millar of Albany, New
York, who soon followed his daughter to Oregon, gives some notes of Thur-
stou's last days. 'He was positive enough,' she says, 'to make a vivid im
pression on my memory. Strikingly good-looking, direct in his speech, with
a supreme will, used to overcoming obstacles. . . " Just wait 'til I get there,"
he would say, "I will show those fellows!"' Or. Sketches, MS., 16.
71 The legislature in 1853 voted to remove his dust from foreign soil,
and it was deposited in the cemetery at Salem; and in 1856 a monument
was erected over it by the same authority. It is a plain shaft of Italian
marble, 12 feet high. On its eastern face is. inscribed: 'Thurston: erected
by the People of Oregon,' and a fac-simile of the seal of the territory; on the
north side, name, age, and death ; on the south : ' Here rests Oregon's first
delegate; a man of genius and learning; a lawyer and statesman, his Christian
virtues equalled by his wide philanthropy, his public acts are his best eulo-
gium.' Salem Or. Statesman, May 20, 1856; OdelVs Biog. of Thurston, MS.,
37; S. F. D. Alta, April 25, 1851.
72 Thurston made his first high mark in congress by his speech on the
admission of California. See Cong. Globe, 1849-50, app. 345. His remarks
on the appropriations for Indian affairs were so instructive and inter
esting that his amendments were unanimously agreed to. A great many
members shook him heartily by the hand after he had closed; and he was
assured that if he had asked for $50,000 after such a speech he would have
received it. Or. Spectator, Aug. 22, 1850. With that tendency to see some
thing peculiar in a man who has identified himself with the west, the N. Y.
Sun of March 26, 1850, remarked: 'Coming from the extreme west' — he was
not two years from Maine — 'where, it is taken for granted, the people are in
a more primitive condition than elsewhere under this government, and look
ing, as Mr Thurston does, like a fair specimen of the frontier man, little was
expected of him in an oratorical way. But he has proved to be one of the
most effective speakers in the hall, which has created no little surprise.' A
Massachusetts paper also commented in a similar strain: ' Mr Thurston is a
young man, an eloquent and effective debater, and a bold and active man,
such as are found only in the west. '
138 A DELEGATE TO CONGRESS.
of undoing his work. And all felt that not he alone,
but his secret advisers were likewise responsible.
In view of all the circumstances of Thurston's
career, it is certainly to be regretted, first, that he fell
under the influence of, or into alliance with, the mis
sionary party; and secondly, that he had adopted as
a part of his political creed the maxim that the end
sanctifies the means, by which he missed obtaining
that high place in the estimation of posterity to which
he aspired, and to which he could easily have attained
by a more honest use of his abilities. Associated as
he is with the donation law, which gave thousands of
persons free farms a mile square in Oregon, his name
is engraved upon the foundation stones of the state
beside those of Floyd, Linn, and Benton, and of Gra
ham N. Fitch, the actual author of the bill before con
gress in 1850.73 No other compensation had he;74 and
of that even the severest truth cannot deprive him.
Thurston had accomplished nothing toward securing
a fortune in a financial sense, and he left his widow
with scanty means of support. The mileage of the
Oregon delegate was fixed by the organic act at
$2,500. It was afterward raised to about double
that amount; and when in 1856-7 on this ground a
bill for the relief of his heirs was brought before con
gress, the secretary of the treasury was authorized
to make up the difference in the mileage for that
purpose.
73 Cong. Globe. 1850-51, app. xxxviii.
74 Or. Statesman, April 14, 1857; Graver's Pub. Life, MS., 101.
CHAPTER V.
ADMINISTRATION OF GAINES.
1850-1852.
AN OFFICIAL VACANCY — GAINES APPOINTED GOVERNOR — His RECEPTION IN
OREGON — THE LEGISLATIVE ASSEMBLY IN SESSION— ITS PERSONNEL —
THE TERRITORIAL LIBRARY — LOCATION OF THE CAPITAL— OREGON CITY
OR SALEM — WARM AND PROLONGED CONTEST — Two LEGISLATURES-
WAR BETWEEN THE LAW- MAKERS AND THE FEDERAL JUDGES— APPEAL
TO CONGRESS — SALEM DECLARED THE CAPITAL— A NEW SESSION
CALLED — FEUDS OF THE PUBLIC PRESS— UNPOPULARITY OF GAINES —
CLOSE OF HIS TERM— LANE APPOINTED HIS SUCCESSOR.
FROM the first of May to the middle of August
1850 there was neither governor nor district judge
in the territory; the secretary and prosecuting attor
ney, with the United States marshal, administered
the government. On the 15th of August the United
States sloop of war Falmoutli arrived from San Fran
cisco, having on board General John P. Gaines,1 newly
appointed governor of Oregon, with his family, and
other federal officers, namely: General Edward Ham
ilton of Ohio,2 territorial secretary, and Judge Strong
of the third district, as before mentioned.3
1 According to A. Bush, of the Oregon Statesman, Marshall of Indiana was
the first choice of President Taylor; but according to Grover, Pub. Life in
Or., MS., Abraham Lincoln was first appointed, and declined. Which of
these authorities is correct is immaterial; it shows, however, that Oregon
was considered too far offto.be desirable.
2 Hamilton was born in CulpepeT Co., Va. He was a lawyer by profession;
removed to Portsmouth, Ohio, where he edited the Portsmouth Tribune. He
was a captain in the Mexican war, his title of general being obtained in the
militia service. His wife was Miss Catherine Royer.
3 The other members of the party were Archibald Gaines, A. Kinney,
James E. Strong, Mrs Gaines, three daughters and two sons, Mrs Hamilton
and daughter, and Mrs Strong and daughter. Gaines lost two daughters, 17
and 19 years of age, of yellow fever, at St Catherine's, en route; and Judge
Strong a son of five years. They all left New York in the United States
(139)
140 ADMINISTRATION OF GAINES.
Coming in greater state than his predecessor, the
new governor was more royally welcomed/ by the
firing of cannon, speeches, and a public dinner. In
return for these courtesies Gaines presented the ter
ritory with a handsome silk flag, a gift which Thurs-
ton, in one of his eloquent encomiums upon the
pioneers of Oregon and their deeds, reminded con
gress had never yet been offered by the government
to that people. But Governor Gaines was not sin
cerely welcomed by the democracy, who resented the
removal of Lane, and who on other grounds disliked
the appointment. They would not have mourned if
when he, like Lane, was compelled to make procla
mation of the death of the president by whom he was
appointed,5 there had been the prospect of a removal
in consequence. The grief for President Taylor was
not profound with the Oregon democracy. He was
accused of treating them in a cold indifferent man
ner, and of lacking the cordial interest displayed in
their affairs by previous rulers. Nor was the differ
ence wholly imaginary. There was not the same
incentive to interest which the boundary question,
and the contest over free or slave territory, had
inspired before the establishment of the territory.
Oregon was now on a plane with other territories,
which could not have the national legislature at their
beck and call, as she had done formerly, and the
change could not occur without an affront to her feel
ings or her pride. Gaines was wholly unlike the
energetic and debonair Lane, being phlegmatic in
store-ship Supply, in November 1849, arriving at San Francisco in July 1850,
where they were transferred to the Falmouth. California Courier, July 21,
1850; Or. Spectator, Aug. 22, 1850; Strony's Hist. Or., MS., 1, 2, 13.
4 The Or. Statesman of March 28, 1851, remarks that Gaines came around
Cape Horn in a government vessel, with his family and furniture, arriving at
Oregon City nine months after his appointment, and drawing salary all the
time, while Lane being removed, drew no pay, but performed the labor of his
office.
5 President Taylor died July 9, 1850. The intelligence was received in
Oregon on the 1st of September. Friday the 20th was set for the observance
of religious funeral ceremonies by proclamation of Gaines. Or. Spectator,
Sept. 5, 1850.
LEGISLATIVE PROCEEDINGS. 141
temperament, fastidious as to his personal surround
ings, pretentious, pompous, and jealous of his dig
nity.6 The spirit in which the democracy, who were
more than satisfied with Lane and Thurston, received
the whig governor, was ominous of what soon fol
lowed, a bitter partisan warfare.
There had been a short session of the legislative
assembly in May, under its privilege granted in the
territorial act to sit for one hundred days, twenty-
seven days yet remaining. No time or place of meet
ing of the next legislature had been fixed upon, nor
without this provision could there be another session
without a special act of congress, which omission ren
dered necessary the May term in order that this
matter might be attended to. The first Monday in
December was the time named for the convening- of
the next legislative body, and Oregon City the place.
The assembly remained in session about two weeks,
calling for a special session of the district court at
Oregon City for the trial of the Cayuse murderers,
giving the governor power to fill vacancies in certain
offices by appointment, and providing for the printing
of the laws, with a few other enactments.
The subject of submitting the question of a state
constitution to the people at the election in June was
being discussed. The measure was favored by many
who were restive under presidential appointments, and
who thought Oregon could more safely furnish the
material for executive and judicial officers than de
pend on the ability of such as might be sent them.
The legislature, however, did not entertain the idea
at its May term, on the ground that there was not
time to put the question fairly before the people.
Looking at the condition and population of the terri
tory at this time, and its unfitness to assume the
6 Lane himself had a kind of contempt for Gaines, on account of his sur
render at Encarnacion. 'He was a prisoner during the remainder of the war,'
says Lane; which was not altogether true. Autobiography, MS., 56-7.
142 ADMINISTRATION OF GAINES.
expenses and responsibilities of a state, the conclusion
is irresistible that jealousy of the lead taken in this
matter by California, and the aspirations of politi
cians, rather than the good of the people, prompted
a suggestion which could not have been entertained
by the tax-payers.
On the 2d of December the legislative assembly
chosen in June met at Oregon City. It consisted of
nine members in the council and eighteen in the
lower house.7 W. W. Buck of Clackanias county was
chosen president of the council, and Ralph Wilcox of
Washington county speaker of the house.8 George
7R. P. Boise, in an address before the pioneer association in 1876, says
that there were 25 members in the house; but he probably confounds this
session with that of 1851-2. The assembly of 1850-1 provided for the increase
of representatives to twenty-two. See list of Acts in Or. Statesman, March
28, 1851; Gen. Laws Or., 1850-1, 225.
8 The names of the councilmen and representatives are given in the first
number of the Oregon Statesman. W. W. Buck, Samuel T. McKean, Samuel
Parker, and W. B. Mealey were of the class which held over from 1849. I
have already given some account of Buck and McKean. Parker and Mealey
were both of the immigration of 1845. Parker was a Virginian, a farmer and
carpenter, but a man who interested himself in public affairs. He was a
good man. Mealey was a Pennsylvania^ a farmer and physician.
Of the newly elected councilmen, James McBride has been mentioned as
one of the immigrants of 1847.
Richard Miller of Marion county was born in Queen Anne's county, Mary
land, in 1800. He came to Oregon in 1847, and was a fanner.
A. L. Humphrey of Benton county was born in Litchfield, Connecticut,
in 1796 and emigrated to Oregon in 1847. He was a farmer and merchant.
Lawrence Hall, a farmer of Washington county, was born in Bourbon
county, Kentucky, March 10, 1800, and came to Oregon in 1845.
Frederick Way mire, of Polk county, a millwright, was born in Montgomery
county, Ohio, March 15, 1807. He married Fanny Cochagan, of Indiana, by
whom he had 17 children. He came to Oregon in 1845 and soon became
known as an energetic, firm, strong, rough man, and an uncompromising
partisan. 'The old apostle of democracy' and 'watchdog of the treasury'
were favorite terms used by his friends in describing Waymire. He became
prominent in the politics of the territory, and was much respected for his
honesty and earnestness, though not always in the right. His home in Polk
county, on the little river Luckiamute, was called Hay den Hall. He had
been brought up a Methodist, and in the latter part of his life returned to
his allegiance, having a library well stocked with historical and religious
works. He died in April 28, 1873, honored as a true man and a patriotic
citizen, hoping with faith that he should live again beyond the grave. R. P.
Boise, in Trans. Or. Pioneer Assoc., 1870, 27-8. His wife survived until
Oct. 15, 1878, when she died in her 69th year. Three only of their children
are living. All the members of the council were married men with families,
except Humphrey who was a widower.
The members of the house were Ralph Wilcox, William M. King of
Washington county, William Shaw, William Parker, and Benjamin F. Hard
ing of Marion, the latter elected to fill a vacancy created by the death of E.
MEMBERS OF ASSEMBLY. 143
L. Curry was elected chief clerk of the council, as
sisted by James D. Turner. Herman Buck was
sergeant -at -arms. Asahel Bush was chosen chief
clerk of the house, assisted by B. Genois. William
Holmes was sergeant-at-arms, and Septimus Heulat
doorkeeper.
The assembly being organized, the governor was
invited to make any suggestions; and appearing before
H. Bellinger, who died after election; W. T. Matlock, Benjamin Simpson,
Hector Campbell, of Clackamas; William McAlphin, E. L. Walters, of Linn-
John Thorp, H N V. Holmes, of Polk; J. C. Avery, W. St Glair, of Benton
Aaron Payne, S. M. Gilmore, Matthew P. Deady, of Yamhill; Truman P.
Powers, of Clatsop, Lewis, and Clarke counties.
1ClfT^i1lc1OX * have sP°ken in another place; also of Shaw, Walter, Payne,
and McAlphin. William M. King was born and bred in Litchfield, Conn
whence he moved to Onondaga county, New York, and subsequently to
Pennsylvania and Missouri. He came to Oregon in 1848 and engaged in
business m Portland, soon becoming known as a talented and unscrupulous
politician, as well as a cunning debater and successful tactician. He is much
censured m the early territorial newspapers, partly for real faults, and partly
no doubt, from partisan feeling. He is described by one who knew him as a firm
friend and bitter enemy. He died at Portland, after seeing it grow to be a
place of wealth and importance, November 8, 1869, aged 69 years H N V
Holmes was born in Wythe county, Va., in 1812, but removed in childhood to
lulaski county, emigrating to Oregon in 1848. He settled in a picturesque
district of Polk county, in the gap between the Yamhill and La Creole val
leys. He was a gentleman, of the old Kentucky school, was several times a
member of the Oregon legislature, an da prosperous farmer.
B. F. Harding, a native of Wyoming county, Penn., was born in 1822
and came to Oregon in 1849. He was a lawyer by profession, and settled at
balem, for the interests of which place he faithfully labored, and for Marion
county, which rewarded him by keeping him in a position of prominence for
many years. He married Eliza Cox of Salem in 1851. He lived later on
a fine farm in the enjoyment of abundance and independence. John Thorp
was captain of a company in the immigration of 1844. He was from Madison
county, Ky, and settled in Polk county, Oregon, where he followed farm
ing. Truman P. Powers was born in 1807, and brought up in Chittenclen
county, Vt coming to Oregon in 1846. He settled on the Columbia near
Astoria. William Parker was a native of Derby county, England, born in
1813, but removed when a child to New York. He was a farmer and sur
veyor Benjamin Simpson, born in Warren county, Tenn., in 1819, was
raised m Howard county, Mo., and came to Oregon in 1846, and engaged in
merchandising. Hector Campbell was born in Hampden county, Mass in
1/93, removed to Oregon in 1849, and settled on a farm in Clackamas county.
William T. Matlock, a lawyer, was born in Rhone county, Tennessee in
1802, removed when a child to Indiana, and to Oregon in 1847. Samuel M.
Gilmore, born in Bedford county, Tenn., in 1814, removed first to Clay arid
then to Buchanan county, Missouri, whence he emigrated in 1843, settling
in Yamhill county. W. St Clair was an immigrant of 1846.
Joseph C. Avery was born in Lucerne county, Penn., June 9, 1817, and was
educated at Wilkesbarre, the county seat. He removed to 111. in 1839, where
he married Martha Marsh in 1841. Four years afterward he came to Oregon
spending the winter of 1845 at Oregon City. In the following spring he set
tled on a land claim at the mouth of Mary's River, where in 1850 he°laid out
a town, calling it Marysville, but asking the legislature afterward to change
the name to Corvallis, which was done.
144 ADMINISTRATION OF GAINES.
the joint legislature he read a message of considerable
length and no great interest, except as to some items
Matthew Paul Deady was born in Talbot co., Md, May 12, 1824, of Irish
and English ancestry. His father was a native of Kanturk, county Cork, and
*va3 by profession a teacher. He immigrated while yet a young man, with
his wife, to the United States, residing near Baltimore for a fow years, re
moving to Wheeling, Va, and again in 1837 to Belmont co., Ohio. Here the
son worked on a farm until 1841. For four years afterward he learned black-
smithing, and attended school at the Barnesville academy. From 1845 to
1848 he taught school and read law with Judge William Kennon, of St Clairs-
ville, where he was admitted to the bar of the supreme court of Ohio, Oct. 26,
1847. In 1849 he came to Oregon, settling at Lafayette, in Yamhill co., and
teaching school until the spring of 1830, when he commenced the practice of
the law, and in June of the same year was elected a member of the legislature,
and served on the judiciary committee. In 1851 he was elected to the council
for two years, serving as chairman of the judiciary committee and president
of the council. In 1853 he was appointed judge of the territorial supreme
court, and hold the position until Oregon was admitted into the Union, Feb-
ruaiy 14, 1859, and in the mean time performed the duties of district judge
in the southern district. He was a member of the constitutional convention
of 1857, being president of that body. His influence was strongly felt ia
forming the constitution, some of its marked features being chieily his work;
while ia preventing the adoption of other measures he was equally serviceable.
On the admission of Oregon to statehood he was elected a judge of the supreme
court from the southern district without opposition, and also received the ap
pointment of U. S. district judge. He accepted the latter position and re
moved to Portland, where he has resided down to the present time, enjoying
the confidence and respect paid to integrity and ability in office.
During the years 1SG2-4, Judge Deady prepared the codes of civil and
criminal procedure and the penal code, and procured their passage by the
lagislature as they caine from his hand, besides much other legislation, in
cluding the general incorporation act of 1862, which for the first time ia the
U. S. made incorporation free to any three or more persons wishing to engage
in any lawful enterprise or occupation. In 1864 and 1874 he made and pub
lished a general compilation of the laws of Oregon.
He was one of the organizers of the University of Oregon, and for over
twelve years has been an active member of the board of regents and presi
dent of that body. For twenty years he has been president of the Library
Association of Portland, which under his fostering care has grown to be one
of the most creditable institutions of the state.
On various occasions Judge Deady has sat in the U. S. circuit court in San.
Francisco, where he has given judgment in some celebrated cases; among
them are McCall v. McDowell, 1 Deady, 233, in which he held that the presi
dent could not suspend the habeas corpus act, the power to do so being vested
in congress; Martinitti v. McGuire, 1 Deady, 216, commonly called the Black
Crook case, in which he held that this spectacular exhibition was not a dra
matic composition, and therefore not entitled to copyright; Woodruffs. N. B.
Gravel Co., 9 Sawyer, 441, commonly called the Debris case, in which ifc was
held that the hydraulic miners had no right to deposit the waste of the mines
in the watercourses of the state to the injury of the riparian owners; and
Sharon v. Hill, 1 1 Sawyer, 290, in which it was determined that the so-called
marriage contract between these parties was a forgery.
Oa the 24th of June, 1852, Judge Deady was married to Miss Lucy A.
Henderson, a daughter of Robert and Rhoda Henderson, of Yamhill co. , who
came to Oregon by the southern route in 1846. Mr Henderson was born in
Green co., Tenn., Feb. 14, 1809, and removed to Kentucky in 1831, and to
Missouri in 1834. Mrs Deady is possessed of many charms of person and
character, and is distinguished for that tact which renders her at ease in all
stations of life. Her children are three sons, Edward Nesmith, Paul Robert,
and Henderson Brooke. The first two have been admitted to the bar, the
third is a physician.
LOCATION OF THE CAPITAL. 145
of information on the progress of the territory toward
securing its congressional appropriations. The five
thousand dollars granted in the organic act for erect
ing public buildings was in his hands, he said, to
which would be added the forty thousand dollars ap
propriated at the last session ; and he recommended
that some action be taken with regard to a peniten
tiary, no prison having existed in Oregon since the
burning of the jail at Oregon City. The five thousand
dollars for a territorial library, he informed the assem
bly, had been expended, and the books placed in a
room furnished for the purpose, the custody of which
was placed in their hands.9
The legislative session of 1850-1 was not harmo
nious. There were quarrels over the expenditure of the
appropriations for public buildings arid the location of
the capital. Although the former assembly had called
a session in May, ostensibly to fix upon a place as well as
a time for convening its successor, it had not fixed the
place, and the present legislature had come together
by common consent at Oregon City. Conceiving it to
be proper at this session to establish, the seat of gov
ernment, according to the fifteenth section of the or
ganic act, which authorized the legislature at its first
session, or as soon thereafter as might be expedient,
to locate and establish the capital of the territory,
the legislature proceeded to this duty. The only
places put in competition with a.ny chance of success
were Oregon City and Salem. Between these there
was a lively contest, the majority of the assembly,
backed by the missionary interest, being in favor of
Salem, while a minority, and many Oregon City lobby
ists, were for keeping the seat of government at that
place. In the heat of the contest Governor Gaines un
wisely interfered by a special message, in which, while
Scattered throughout this history, and elsewhere, are the evidences of
the manner in which Judge Deady has impressed himself upon the institu
tions of Portland and the state, and always for their benefit. He possesses,
with marked ability, a genial disposition, and a distinguished personal ap
pearance, rather added to than detracted from by increasing years.
9 Judge Bryant selected and purchased $2,000 worth of the books for tb3
public library, and Gov. Gaines the remainder.
HIST. OR., VOL. II. 10
146 ADMINISTRATION OF GAINES.
he did not deny the right of the legislative assembly to
locate and establish the seat of government, he felt it
his duty to call their attention to the wording of the
act, which distinctly said that the money there ap
propriated should be applied by the governor; and
also, that the act of June 11, 1850, making a fur
ther appropriation of twenty thousand dollars for the
erection of public buildings in Oregon, declared that
the money was to be applied by the governor and
the legislative assembly. He further called their at
tention to the wording of the sixth section of the act,
which declared that every law should have but one
object, which should be expressed in the title, while
the act passed by the legislative assembly embraced
several objects. He gave it as his opinion that the
law in that form was unconstitutional; but expressed
a hope that they would not adjourn without taking
effectual steps to carry out the recommendation he
had made
session, that
be erected.
The location bill, which on account of its embracing
several objects received the name of the omnibus
bill,10 passed the assembly by a vote of six to three in
the council and ten to eight in the house, Salem get
ting the capital, Portland the penitentiary,11 Cor vail is
the university, and Oregon City nothing. The mat-
10TheGaines clique also denominated the Iowa code, adopted in 1849, the
steamboat code, and invalid because it contained more than one subject.
11 It named three commissioners, each for the state-house and penitentiary,
authorizing them to select one of their number to be acting commissioner and
give bonds in the sum of $20,000. The state-house board consisted of John
Force, H. M. Waller, and R. C. Geer; the penitentiary board, D. H. Lowns-
dale, Hugh D. O'Bryant, and Lucius B. Hastings. The prison was to be
of sufficient capacity to receive, secure, and employ 100 convicts, to be con
fined in separate cells. Or. Spectator, March 27, 1851 ; Or. Statutes, 1853-4,
509. That Oregon City should get nothing under the embarrassment of the
llth section of the donation law was natural, but the whigs and the prop
erty-owners there may have hoped to change the action of congress in the
event of securing the capital. Salem, looking to the future, was a better
location. But the assembly were not, I judge, looking to anything so much
as having their own way. The friends of Salem were accused of bribery,
and there were the usual mutual recriminations. Or. Spectator, Oct. 7 and
Nov. 18, 1851.
UI./O CV/ \^C*-LJL V \J \JL V UJLJ.V^ 1. \j\s\J 111 L11\^H\J.<AJ \jl\S LI 1L\~>
in his message at the beginning of the
t they would cause the public buildings to
POLITICAL JOURNALS. 147
ter rapidly took shape as a political issue, the demo
crats going for Salem and the whigs for Oregon City,
the question being still considered by many as an
open one on account of the alleged unconstitutionally
of the act.12 At the same time two newspapers were
started to take sides in territorial politics; the Ore-
gonian, whig, at Portland in December 1850, and
the Oregon Statesman, democratic, at Oregon City in
March following.13 A third paper, called the Times,
was published at Portland, beginning in May 1851,
which changed its politics according to patronage and
circumstances.
12 Id., July 29, 1851; Or. Statesman, Aug. 5, 1851; 32d Cong., 1st Sess.,
H. Ex. Doc. 94, 2-32; Id., 96, vol. ix. 1-8; Id., 104, vol. xii. 1-24; 32d Cong.,
1st Se«s.y II. Misc. Doc. 9, 4-5.
13 The Oregonian was founded by T. J. Dryer, who had been previously en
gaged upon the California Courier as city editor, and was a weekly journal.
Dryer brought an old Raniage press from San Francisco, with some second
hand material, which answered his purpose for a few months, when a new
Washington press and new material came out by sea from New York, and
the old one was sent to Olympia to start the first paper published on Puget
Sound, called the Columbian. In time the Washington press was displaced
by_a power press, and was sold in 1862 to go to Walla Walla, and afterward
to Idaho. Dryer conducted the Oregonian with energy for ten years, when
the paper passed into the hands of H. L. Pittock, who first began work upon
it aa a printer in 1853. It has since become a daily, and is edited and partly
owned by Harvey W. Scott.
The Statesman was founded by A. W. Stockwell and Henry Russel of
Massachusetts, with Asahel Bush as editor. It was published at Oregon City
till June 1853, when it was removed to Salem, and being and remaining the
official paper of the territory, followed the legislature to Corvallis in 1855,
when the capital was removed to that place and back again to Salem, when
the seat of government was relocated there a few months later. As a party
paper it was conducted with greater ability than any journal on the Pacific
coast for a period of about a dozen years. Bush was assisted at various times
by men of talent. On retiring from political life in 1863 he engaged in bank
ing at Salem. Crandall and Wait then conducted the paper for a short time;
but it was finally sold in November 1863 to the Oregon Printing and Publish
ing Company. In 1866 it was again sold to the proprietors ot the Unionist,
and ceased to exist as the Oregon Statesman. During the first eight years
of its existence it was the ruling power in Oregon, wielding an influence
that made and unmade officials at pleasure. 'The number of those who
were connected with the paper as contributors to its columns, who have
risen to distinguished positions, is reckoned by the dozen.' Salem Directory,
1871; Or. Statesman, March 28, 1851; Id., July 25, 1854; Brown's Will
Val, MS., 34; Portland Orff/onian, April 15, 1876. Before either of these
papers was started there was established at Milwaukie, a few miles below
Oregon City, the Milwaukie Star, the first number of which was issued on
the 21st of November 1850. It was owned principally by Lot Whitcomb,
the proprietor of the town of Milwaukie. The prospectus stated that Carter
and Waterman were the printers, and Orvis Waterman editor. The paper
ran for three months under its first management, then was purchased by the
148 ADMINISTRATION OF GAINES.
The result of the interference of the governor with
legislation was to bring down upon him bitter denun
ciations from that body, and to make the feud a per
sonal as well as political one, When the assembly
provided for the printing of the public documents, it
voted to print neither the governor's annual nor his
special message, as an exhibition of disapprobation at
his presumption in offering the latter,14 assuming that
he was not called upon to address them unless invited
to do so, they being invested by congress with power
to conduct the public business and spend the public
money without consulting him. But while the legis
lators quarrelled with the executive they went on
with the business of the commonwealth.
The hurried sessions of the territorial legislature
had effected little improvement in the statutes which
were still in great part in manuscript, consisting in
many instances of mere reference to certain Iowa
laws adopted without change. An act was passed for
the printing of the laws and journals, and Asahel
Bush elected printer, to tho disappointment of Dryer
of the Oregonian, who had built hopes on his political
views which were the same as those of the new ap
pointees of the federal government. But the terri
torial secretary, Hamilton, literally took the law into
his own hands and sent the printing to a New York
contractor. Thus the war went on, and the laws
were as far as ever from being in an intelligible state,15
printers, and in May 1851 Waterman purchased the entire interest, when he
removed the paper to Portland, calling it the Times. It survived several
subsequent changes and continued to be published till 1864, recording in the
mean time many of the early incidents in the history of the country. Portland
Orerjonian, April 15, 1876.
14 The Spectator of Feb. 20, 1851, rebuked the assembly for its discour
tesy, saying it knew of no other instance where the annual message of the
governor had been treated with such contempt.
15 The Spectator of August 8, 1850, remarked that there existed no law in
the territory regulating marriages. If that were true, there could have ex
isted none since 1845, when the last change in the provisional code was made.
There is a report of a debate on 'a bill concerning marriages,' in the Spectator
of Jan. 2, 1851, but the list of laws passed at the session of 1850-1 contains
none on marriage. A marriage law was enacted by the legislature of 1851-2.
OREGON ARCHIVES. 149
although the most important or latest acts were pub
lished in the newspapers, and a volume of statutes
was printed and bound at Oregon City in 1851. It
was not until January 1853 that the assembly pro
vided for the compilation of the laws, and appointed
L. F. Grover commissioner to prepare for publication
the statutes of the colonial and territorial governments
from 1843 to 1849 inclusive. The result of the com
missioner's labors is a small book often quoted in these
pages as Or. Laws, 1843-9, of much value to the his
torian, but which, nevertheless, needs to be confirmed
by a close comparison with the archives compiled and
printed at the same time, and with corroborative
events; the dates appended to the laws being often
several sessions out of time, either guessed at by the
compiler, or mistaken by the printer and not corrected.
In many cases the laws themselves are mere abstracts
or abbreviations of the acts published in the Spec
tator.19
Nor were the archives collected any more complete,
as boxes of loose papers, as late as 1878, to my knowl
edge, were lying unprinted in the costly state-house
at Salem. Many of them have been copied for my
Among men inclined from the condition of society to early marriages, as I
have before mentioned, the wording of the donation law stimulated the desire
to marry in order to become lord of a mile square of land, while it influenced
women to the same measure, as it was only a wife or widow who was entitled
to 320 acres. Many unhappy unions were the consequence, and numerous
divorces. Deady'* Hi,;t. Or., MS., 33; Victor's New Penelope, 19-20.
16 Public L'fe in Oregon is one of the most scholarly and analytical contri
butions to history which I was able to gather during my many interviews of
1878. Besides being in a measure a political history of the country, it abounds
with life-like sketches of the public men of the day, given in a clear and fluent
style, and without apparent bias. L. F. Grover, the author, was born at Bethel,
Maine, Nov. 29, 1823. He came to California in the winter of 1850, and
to Oregon early in 1851. He was almost immediately appointed clerk of
the first judicial district by Judge Nelson. He soon afterward received
the appointment of prosecuting attorney of the second judicial district, and
became deputy United States district attorney, through his law partner, B. F.
Harding, who held that office. Thereafter for a long period he was in public
life in Oregon. Grover was a protege1 of Thurston, who had known him in
Maine, and advised him when admitted to the bar in Philadelphia to go to
Oregon, where he would take him into his own office as a law-partner; but
Thurston dying, Grover was left to introduce himself to the new common
wealth, which he ("lid most successfully. Graver's Pub. Life in Or., MS., 100-3;
Yreka Union, April 1, 1870.
150 ADMINISTRATION OF GAINES.
work, and constitute the manuscript entitled Oregon
Archives, from which I have quoted more widely than
I should have done had they been in print, thinking
thus to preserve the most important information in
them. The same legislature which authorized Grover's
work, passed an act creating a board of commissioners
to prepare a code of laws for the territory,17 and elected
J. K. Kelly, D. R Bigelow, and R P. Boise, who
were to meet at Salem in February, and proceed to the
discharge of their duties, for which they were to re
ceive a per diem of six dollars.18 In 1862 a new code
of civil procedure was prepared by Matthew P. Deady,
then United States district judge, A. C. Gibbs, and
J. K. Kelly, and passed by the legislature. The work
was performed by Judge Deady, who attended the
session of the legislature and secured its passage. The
same legislature authorized him to prepare a penal
code and code of criminal procedure, which he did.
This was enacted by the legislature of 1864, which
also authorized him to prepare a compilation of all the
laws of Oregon then in force, including the codes, in
the order and method of a code, which he did, and en
riched it with notes containing a history of Oregon
legislation. This compilation he repeated in 1874, by
authority of the legislature, aided by Lafayette Lane.
Meanwhile the work of organization and nation-
making went on, all being conducted by these early
legislators with fully as much honesty and intelligence
as have been generally displayed by their successors.
Three new counties were established and organized
at the session of 1850-1, namely: Pacific, on the north
side of the Columbia, on the coast; Lane, including
17 A. C. Gibbs in his notes on Or. Hist., MS., 13, says that he urged the
measure and succeeded in getting it through the house. It was supported by
Deady, then president of the council; and thus the code system was begun in
Oregon with reformed practice and proceedings. At the same time, Thurs-
ton, it is said, when in Washington, advised the appointment of commis
sioners for this purpose, or that the assembly should remain in session long
enough to do the work, and promised to secure from congress the money,
$6,000, to pay the cost.
18 Or. Statutes, 1852-3, 57-8; Or. Statesman, Feb. 5, 1853.
19 See Or. Gen. Laws, 1843-72.
COUNTIES AND JUDICIAL DISTRICTS. 151
all that portion of the Willamette Valley south of
Benton and Linn ;20 and Urnpqua, comprising all the
country south of the Calapooya mountains and head
waters of the Willamette. County seats were located
in Linn, Polk, and Clatsop, the county seats of Clack-
amas and Washington having been established at the
previous sessions of the legislature.21
The act passed by the first legislature for collecting
the county and territorial revenues was amended; and
a law passed legalizing the acts of the sheriff of Linn
county, and the probate court of Yamhill county,
in the collection of taxes, and to legalize the judicial
proceedings of Polk county; these being cases where
the laws of the previous sessions were found to be in
conflict with the organic act. Some difficulty had
been encountered in collecting taxes on land to which
the occupants had as yet no tangible title. The same
feeling existed after the passage of the donation law,
though some legal authorities contended, and it has
since been held that the donation act gave the occu
pant his land in fee simple, and that a patent was
only evidence of his ownership.22 But it took more
time to settle these questions of law than the people
or the legislature had at their command in 1850;
hence conflicts arose which neither the judicial nor
1876 Ugene ty Uard' July 8> 1876; EltfjeUe °lty 8tate Journal> July 8,
21 It is difficult determining the value of these enactments, when for sev
eral sessions one after the other acts with the same titles appear-in stance
the county seat of Polk county, which was located in 1849 and again in ISoO
"Deculy « Scrap Book, 5. For some years Matthew P. Deacly employed his
leisure moments as a correspondent of the San Francisco Bulletin, his subjects
often being historical and biographical matter, in which he was, from his
habit of comparing evidence, very correct, and in which he sometimes enun
ciated a legal opinion. His letters, collected in the form of a scrap-book
were kindly loaned to me. From these Scraps I have drawn largely and
still more frequently from his History of Oregon, a thick manuscript volume
given to me from his own lips in the form of a dictation while I was in Port
land in 1878, and taken down by my stenographer. Never in the course of
my life have I encountered in one mind so vast, well arranged and well
digested a store of facts, the recital of which to me was a never failin-r
source of wonder and admiration. His legal decisions and public addresse?
have also been of great assistance to me, being free from the injudicial bias of
many authors, and hence most substantial material for history to rest upon
Farther than this, Judge Deady is a graceful writer, and always interesting'
As a man, he is one to whom Oregon owes much.
152 ADMINISTRATION OF GAINES.
•
the legislative branches of the government could at
once satisfactorily terminate.
The legislature amended the act laying out the
judicial districts by attaching the county of Lane to
the first and Umpqua to the second districts. This
distribution made the first district to consist of Clack-
amas, Marion, Linn, and Lane; the second of Wash
ington, Yamhill, Benton, Polk, and Umpqua; and the
third of Clarke, Lewis, and Clatsop. Pacific county
was not provided for in the amendment. The judges
were required to hold sessions of their courts twice
annually in each county of their districts. But lest
in the future it might happen as in the past, any one
of the judges was authorized to hold special terms in
any of the districts; other laws regulating the practice
of the courts were passed,23 and also laws regulating
the general elections, and ordering the erection of
court-houses and jails in each county of the territory.
They amended the common school law, abolishing
the office of superintendent, and ordered the election
of school examiners; incorporated the Young Ladies'
Academy of Oregon City, St Paul's Mission Female
Seminary, the First Congregational Society of Port
land, the First Presbyterian Society of Clatsop
plains; incorporated Oregon City and Portland; lo
cated a number of roads, notably one from Astoria
to the Willamette Valley,24 and a plank-road from
Portland to Yamhill county; and also the Yamhill
Bridge Company, which built the first great bridge
in the country. These, with many other less impor
tant acts, occupied the assembly for sixty clays.
Thurston's advice concerning memorializing congress
23 Or. Gen. Laws, 1850-1, 158-164.
24 This was a scheme of Thurston's, who, on the citizens of Astoria peti
tioning congress to open a road to the Willamette, proposed to accept $10, 000
to build the bridges, promising that the people would build the road. He
then advised the legislature to go on with the location, leaving it to him to
manage the appropriations. Lane finished his work in congress, and a gov
ernment officer expended the appropriation without benefiting the Astoriaiis
beyond disbursing the money in their midst. See 81st Cony., 1st Sess., 11.
Com. Rept., 348, 3.
A NEW DELEGATE. 153
to pay the remaining expenses of the Cay use war was
acted upon, the committee consisting of McBride,
Parker, and Hall, of the council, and Deady, Simpson,
and Harding of the house.25 Nothing further of im
portance was done at this session.
When the legislative assembly adjourned in Feb
ruary, it was known that Thurston was returning to
Oregon as a candidate for reelection, arid it was ex
pected that there would be a heated canvass, but that
his party would probably carry him through in spite
of the feeling which his course with regard to the
Oregon City claim had created. But the unlocked
for death of Thurston, and the popularity of Lane,
who, being of the same political sentiments, and gen
erously willing to condone a fault in a rival who had
confirmed to him as the purchaser of Abernethy Isl
and a part of the contested land claim, made the
ex-governor the most fitting substitute even with
Thurston's personal friends, for the position of dele
gate from Oregon. Some efforts had been made to
injure Lane by anonymous letter- writers, who sent
to the New York Tribune allegations of intemperance
and improper associations,26 but which were sturdily
repelled by his democratic friends in public meetings,
and which could not have affected his position, as
Gaines was appointed in the usual round of office-giv
ing at the beginning of a new presidential and party
administration. That these attacks did not seriously
injure him in Oregon was shown by the enthusiasm
with which his nomination was accepted by the ma
jority, and the result of the election, as well as by the
fact of a county having been named after him between
his removal as governor and nomination as delegate.
The only objection to Lane, which seemed to carry
any weight, was the one of being in the territory
K32d Cong., 1st Sess., IT. Jour., 1059, 1224.
26 The writer signed himself 'Lansdale,' but was probably J. Quinn Thorn
ton, who admits writing such letters to get Lane removed, but gives a different
sobriquet as I have already mentioned— that of 'Achilles de Harley.'
154 ADMINISTRATION OF GAINES.
without his family, which gave a transient air to his
patriotism, to which people objected. They felt that
their representative should be one of themselves in
fact as well as by election, and this Lane declared his
intention of becoming, and did in fact take a claim on
the Umpqua River to show his willingness to become
a citizen of Oregon. The opposing candidate was W.
H. Willson, who was beaten by eighteen hundred or
two thousand votes. As soon as the election was
over, Lane returned to the lately discovered mining
districts in southern Oregon, taking with him a strong
party, intending to chastise the Indians of that sec-
• i i
tion, who were becoming more and more aggressive
as travel in that direction increased, and their profits
from robbery and murder became more important.
That he should take it upon himself to do this, when
there wras a regularly appointed superintendent of
Indian affairs — for Thurston had persuaded congress
to give Oregon a general superintendent for this work
alone — surprised no one, but on the contrary appeared
to be what was expected of him from his aptitude in
such matters, which became before he reached Rogue
River Valley wholly a military affair. The delegate-
elect was certainly a good butcher of Indians, who, as
we have seen, cursed them as a mistake or damnable
infliction of the Almighty. And at this noble occu
pation I shall leave him, while I return to the history
of the executive and judicial branches of the Oregon
government.
Obviously the tendency of office by appointment
instead of by popular election is to make men indiffer
ent to the opinions of those they serve, so long as they
are in favor with or can excuse their acts to the ap
pointing power. The distance of Oregon from the
seat of general government and the lack of adequate
mail service made the Gaines faction more than usu
ally independent of censure, as it also rendered its
critics more impatient of what they looked upon as an
CENSURE OF JUDGES. 155
exhibition of petty tyranny on the part of those who
were present, and of culpable neglect on the part of
those who remained absent. From the date of Judo-e
Bryant's arrival in the territory in April 1849, to the
1st of January 1851, when he resigned, he had spent
but five months in his district. From December 1848
to August 1850 Pratt had been the only judo-e in
Oregon— excepting Bryant's brief sojourn. Then he
went east for his family, and Strong was the only
judge for the eight months following and till the
return about the last of April 1851 of Pratt, accom
panied by Chief Justice Thomas Nelson, appointed in
the place of Bryant,27 and J. R Preston, surveyor-
general of Oregon.
The judges found their several dockets in a condi
tion hardly to justify Thurston's encomiums in con
gress upon their excellence of character. The freedom
enjoyed under the provisional government, due in part
to the absence of temptation, when all men were
laborers, and when the necessity for mutual help and
protection deprived them of a motive for violence had
Ceased to be the boast and the security of the coun
try. The presence of lawless adventurers, the abun
dance of money, and the absence of courts, had tended
to develop the criminal element, till in 1851 it became
notorious that the causes on trial were ofterier of a
criminal than a civil nature.28
* Memorial of the Legislative Assembly of 1851-2,
Janulrv^^'islo ^ ^T" ^T WaS b°m * «r
lanuary 23, 1819. He was the third son of William Nelson a renresen
tatiye m congress, a lawyer by profession, and a man of worth andPpubHc
spirit. Thomas graduated at Williams college at the acre of 17 Be n- still
very young he was placed under a private Sor of ability °n ^w&cfty
nprr l?1&f Udyht^atUre and the French ^guage He also attended
a ?er wl I'd T68' T?7£g m ^^ WayS thorouS£ cultu^and scholS p,
after which he added European travel to his other sources of knowledge
finally adopting law as a profession. Advancing in the practice of the latv'
he became an attorney and counsellor of the supreme court of £e United
States and was practising with his father in Westchester county, New Yo k
when he was appointed chief justice of Oregon. Jud^e Nelson's
character was faultless, his manners courteous! and hLfeariTm
**' Sketches> 69-72' s-
156 ADMINISTRATION OF GAINES.
This condition of society encouraged the expression
of public indignation pleasing to party prejudices and
to the political aspirations of party leaders. At a
meeting held in Portland April 1st, it was resolved
that the president of the United States should be
informed of the neglect of the judges of the first and.
second districts, no court having been held in Wash
ington county since the previous spring; nor had
any judge resided in the district to whom application
he was living. A special term of court was held on the 28th of March to try
Kendall, who was defended by W. G. T'Vault and B. F. Harding, convicted,
sentenced by Judge Strong, and executed on the 18th of April, there being
at the time no jail in which to confine criminals in Marion county. About
the same time a sailor named Cook was shot by William Keene, a gambler,
in a dispute about a game of ten-pins. Keene was also tried before Judge
Strong, convicted of manslaughter, and sentenced to six years in the peniten
tiary. As the jury had decided that he ought not to hang, and he could not
be confined in an imaginary penitentiary, he was pardoned by the governor.
Or. Statesman, May 10, 1851. Creed Turner a few months after stabbed and
killed Edward A. Bradbury from Cincinnati, Ohio, out of jealousy, both
being in love with a Miss Bonser of Sauv6 Island. Deady defended him
before Judge Pratt, but he was convicted and hanged in the autumn. Id.,
Oct. 28, 1851; Deadifs Hist. Or., MS., 59. In Feb. 1852 William Everman,
a desperate character, shot and killed Serenas C. Hooker, a worthy farmer of
Polk county, for accusing him of taking a watch. He also was convicted and
hanged. He had three associates in crime, Hiram Everman, his brother, who
plead guilty and was sentenced to three years in the penitentiary; Enoch Smith,
who escaped by the disagreement of the jury, was rearrested, tried again,
sentenced to death, and finally pardoned; and David J. Coe, who by obtaining
a change of venue was acquitted. As there was no prison where Hiram
Everman could serve, he was publicly sold by the sheriff on the day of his
brother's execution, to Theodore Prather, the highest bidder, and was set at
liberty by the petition of his master just before the expiration of the three
years. Smith touk a land-claim in Lane county, and married. After several
years his wife left him for some cause unknown. He shot himself in April
1877, intentionally, as it was believed. Salem Mercury, April 18, 1877. About
the time of the former murder, Nimrod O'Kelly, inBenton county, killed Jere
miah Mahoney , in a quarrel about a land-claim . He was sentenced to the peni
tentiary and pardoned. In August, in Polk county, Adam E. Wimple, 35
years of age, murdered his wife, a girl of fourteen, setting fire to the house
to conceal his crime. He had married this child, whose name was Mary
Allen, about one year before. Wimple was a native of New York. S. F.
Alta, Sept. 28, 1852. He was hanged at Dallas October 8, 1852. Or. States
man, Oct. 23, 1852. Robert Maynard killed J. C. Platt on Rogue River for
ridiculing him. He was executed by vigilants. Before the election of officers
for Jackson county, one Brown shot another man, was arrested, tried before
W. W. Fowler, temporarily elected judge, and hanged. Prim's Judic. Affairs
in Southern Or., MS., 10. In July 1853, Joseph Nott was tried for the mur
der of Ryland D. Hill whom he shot in an affray in Umpqua county. He
was acquitted. Many lesser crimes appear to have been committed, such as
burglary and larceny; and frequent jail deliveries were effected, these struc
tures being built of logs and not guarded. In two years after the discovery
of gold in California, Oregon had a criminal calender as large in proportion to
the population as the older states.
EXPULSION OF NEGROES. 157
could be made for the administration of the laws.
The president should be plainly told that there were
"many respectable individuals in Oregon capable of
discharging the duties of judges, or filling any offices
under the territorial government, who would either
discharge their duties or resign their offices."29 The
arrival of the new chief justice, and Pratt, brought a
temporary quiet. Strong went to reside at Cathlamet,
in his own district, and the other judges in theirs.
At the first term of court held in Clackamas county
by Chief Justice Nelson, he was called upon to decide
upon the constitutionality of the law excluding negroes
from Oregon. This law, first enacted by the provis
ional legislature in 1844, had been amended, reenacted,
and clung to by the law-makers of Oregon with sin
gular pertinacity, the first territorial legislature reviv
ing it among their earliest enactments. Thurston,
when questioned in congress concerning the matter,
defended the law against free blacks upon the ground
that the people dreaded their influence among the
Indians, whom they incited to hostilities.30 Such a
reason had indeed been given in 1844, when two dis
orderly negroes had caused a collision between wrhite
men and Indians, but it could not be advanced as a
sufficient explanation of the settled determination of
the founders of Oregon to keep negroes out of the
territory, because all the southern and western fron
tier states had possessed a large population of blacks,
both slave and free, at the time they had fought the
savages, without finding the negroes a dangerous ele
ment of their population. It was to quite another
cause that the hatred of the African was to be ascribed;
namely, scorn for an enslaved race, which refused
political equality to men of a black skin, and which
might raise the question of slavery to disturb the
peace of society. It was riot enough that Oregon
29 Or. Statesman, April 11, 1851. Among those taking part in this meet
ing were \V. W. Chapman, D. H. Lounsdale, H. D. O'Bryant, J. S. Smith,
Z. C. Norton, S. Coffin, W. B. Otway, and N. Northrop.
"Cong. Globe, 1849-50, 1079, 1091.
158 ADMINISTRATION OF GAINES.
should be a free territory which could not make a
bondsman of a black man, but it must exclude the
remainder of the conflict then raging on his behalf in
certain quarters. Judge Nelson upheld the constitu
tionality of the law against free blacks, and two of
fenders were given thirty days in which to leave the
territory.31
The judges found a large number of indictments in
the first and second districts.32 The most important
case in Yamhill county was one to test the legality
of taxing land, or selling property to collect taxes,
and was brought by C. M. Walker against the sheriff,
Andrew Shuck, Pratt deciding that there had been
no trespass. In the cases in behalf of the United
States, Deady was appointed commissioner in chan
cery, and I) avid Logan83 to take affidavits and
acknowledgments of bail under the laws of congress.
The law practitioners of 1850—1—2 in Oregon had tho
opportunity, and in many instances the talent, to
stamp themselves upon the history of the common
wealth, supplanting in a great degree the men who
were its founders,34 while endeavoring to rid the terri-
31 By a curious coincidence one of the banished negroes was Winslow, the
culprit in the Oregon City Indian affair of 1844, who had lived since then at
the mouth of the Columbia. Vanderpool was the other exiie. 8. F. Alta,
Sept. 16, 1851; Or. Statesman, Sept. 2, 1851.
32 There were 30 indictments in Yamhill county alone, a large proportion
being for breach of verbal contract. Six were for selling liquor to Indians,
being federal cases.
3a Logan was born in Springfield, 111., in 1824. His father was an eminent
lawyer, and at one time a justice of the supreme court of Illinois. David im
migrated to Oregon in 1850 and settled at Lafayette. He ran against Deady
for the legislature in 1851 and was beaten. Soon after he removed to Port
land, where he became distinguished for his shrewdness and powers of oratory,
being a great jury lawyer. He married in 1862 Mary P. Waldo, daughter of
Daniel Waldo. Bis highly excitable temperament led him into excesses
which injured his otherwise eminent standing, and cut short his brilliant
career in 1874. Salem Mercury, April 3, 1874.
34 The practising attorneys at this time \vere A. L. Lovejoy, W. G. T'Vault,
J. Quinn Thornton, E. Hamilton, A. Holbrook, Matthew P. Deady, B. F. Hard
ing, R. P. Boise, David Logan, E. M. Barnum, J. W. Nesmith, A. D. M.
Harrison, James McCabe, A. C. Gibbs, S. F. Chadwick, A. B. P. Wood, T.
McF. Patton, F. Tilford, A. Campbell, D. B. Brenan, W. W. Chapman, A.
E. Wait, S. D. May re, John A. Anderson, and C. Lancaster. There were
others who had been bred to a legal profession, who were at work in the
mines or living on land claims, some of whom resumed practice as society
became more organized.
POLITICS AND SOCIETY. 159
tory of men whom they regarded as transient, whose
places they coveted.
There is always presumably a coloring of truth to
charges brought against public officers, even when
used for party purposes as they were in Oregon. The
democracy were united in their determination to see
nothing good in the federal appointees, with the ex
ception of Pratt, who besides being a democrat had
been sent to them by President Polk. On the other
hand there were those who censured Pratt35 for being
what he was in the eyes of the democracy. The
governor was held36 equally objectionable with the
judges, first on account of the position he had taken
on the capital location question, and again for main
taining Kentucky hospitality, and spending the money
of the government freely without consulting any one,
and as his enemies chose to believe without any care
for the public interests. A sort of gay and fashion
able air was imparted to society in Oregon City by
the families of the territorial officers and the hospita
ble Dr McLoughlin,37 which was a new thing in the
Willamette Valley, and provoked not a little jealousy
among the more sedate and surly.38
33 W. W. Chapman for contempt of court was sentenced by Pratt to twenty
days' imprisonment and to have his name stricken from the roll of attorneys.
It was a political issue. Chapman was assisted by his Portland friends to
escape, was rearrested, and on application to Judge Nelson discharged on a
writ of error. 32d Cong., l*t Sess., Misc. Doc. 9, 3. See also case of Arthur
Fayhie sentenced by Pratt for contempt, in which Nelson listened to a charge
by Fayhie of misconduct in office on the part of Pratt, and discharged the
prisoner by the advice of Strong.
36 An example of the discourtesy used toward the federal officers was
given when the governor was bereaved of his wife by an accident. Mrs Games
was riding on the Clatsop plains, whither she had gone on an excursion, when
her horse becoming frightened at a wagon she was thrown under the wheels,
receiving injuries from which she died. The same paper which announced her
death attacked the governor with unstinted abuse. Mrs Gaines was a
daughter of Nicholas Kincaid of Versailles, Ky. Her mother was Priscilla
McBride. She was born March 13, 1800, and married to Gaines June 22,
1819. Or. Spectator, Aug. 19, 1851. About fifteen months after his wife's
death, Gaines married Margaret B. Wands, one of the five lady teachers sent
to Oregon by Gov. Slade. Or. Statesman, Nov. 27, 1851.
3'Mrs M. E. Wilson in Or. Sketches, MS., 19.
38 Here is what one says of Oregon City society at the time: All was
oddity. 'Clergymen so eccentric as to have been thrown over by the board
on account of their queerness, had found their way hither, and fought their
way among peculiar people, into positions of some kind. People were odd
160 ADMINISTRATION OF GAINES.
In order to sustain his position with regard to the
location act, Games appealed for an opinion to the
attorney-general of the United States, who returned
for an answer that the legislature had a right to locate
the seat of government without the consent of the
governor, but that the governor's concurrence was
necessary to make legal the expenditure of the appro
priations,39 which reply left untouched the point raised
by Gaines, that the act was invalid because it em
braced more than one object. With regard to this
matter the attorney -general was silent, and the
quarrel stood as at the beginning, the governor re
fusing to recognize the law of the legislature as binding
on him. His enemies ceased to deny the unconstitu
tionally of the law, admitting that it might prove
void by reason of non-conformity to the organic act,
but they contended that until this was shown to be
true in a competent court, it was the law of the land ;
and to treat it as a nullity before it had been disap
proved by congress, to which all the acts of the legis
lature must be submitted, was to establish a dangerous
precedent, a principle striking at the foundation of all
law and the public security.
Into this controversy the United States judges
were necessarily drawn, the organic act requiring
them to hold a term of court, annually, at the seat of
government; any two of the three constituting a
in dress as well. Whenever one wished to appear well before his or her
friends, they resurrected from old chests and trunks clothes made years ago.
Now, as one costumer in one part of the world at one time, had made one
dress, and another had made at another time another dress, an assembly in
Oregon at this time presented to a new-comer, accustomed to only one fashion
at once, a peculiar sight. Mrs Walker, wife of a missionary at Chimikane,
near Fort Colville, having been 1 1 years from her clothed sisters, on coming
to Oregon City was surprised to find her dresses as much in the fashion as
any of the rest of them.' Mrs Wikon, Or. Sketches, MS., 16, 17. Another
says of the missionary and pioneer families: 'One lady who had been living at
Clatsop since 1846 had a parasol well preserved, at least 30 years old, with a
folding handle and an ivory ring to slip over the folds when closed. Another
lady had a bonnet and shawl of nearly the same age which she wore to church.
All these articles were of good quality, and an evidence of past fashion
and respectability. ' Manners as well as clothes go out of mode, and much of
the oddity Mrs Wilson discovered in an Oregon assembly in Gov. Games'
time was only manners out of fashion.
39 Or. Spectator, July 29, 1851; Or. Statesman, Aug. 5, 1851.
OPPOSITION GOVERNMENTS. 161
quorum.40 On the first of December, the legislature-
elect41 convened at Salem, as the capital of Oregon,
except one councilman, Columbia Lancaster, and four
representatives, A. E. Wait, W. F. Matlock, and
D. F. Brownfield. Therefore this small minoritv
organized as the legislative assembly of Oregon, at
the territorial library room in Oregon Cityfwas quali
fied by Judge Strong, and continued to meet and
adjourn for two weeks. Lancaster, the single coun
cilman, spent this fortnight in making motions and
seconding them himself, and preparing a memorial to
congress in which he asked for an increase in the
number of councilrnen to fifteen; for the improve
ment of the Columbia River; for a bounty of one
hundred and sixty acres of land to the volunteers in
the Cayuse war; a pension to the widows and orphans
of the men killed in the war; troops to be stationed
at the several posts in the territory; protection to
the immigration; ten thousand dollars to purchase
a library for the university, and a military road to
Puget Sound.42
About this time the supreme court met at Oregon
City, Judges Nelson and Strong deciding to adopt
40 Or. Gen. Laws, 1845-1864, 71.
41 The council was composed of Matthew P. Deady, of Yamhill; J. M. Gar
rison, of Marion; A. L. Lovejoy, of Clackamas; Fred. Waymire, of Polk; W. B.
Mealey, of Linn; Samuel Parker, of Clackamas and Marion; A. L. Humphrey,
of Benton; Lawrence Hall, of Washington; Columbia Lancaster, of Lewis,
Clark, and Vancouver counties. The house consisted of Geo. L. Curry, A. E.
Wait, and W. T. Matlock, of Clackamas; Benj. Simpson, Wilie Chapnian, and
James Davidson, of Marion; J. C. Avery and Geo. E. Cole, of Benton; Luther
White and William Allphin, of Linn; Ralph Wilcox, W. M. King, and J.
C. Bishop, of Washington; A. J. Hembree, Samuel McSween, and R. C.
Kinney, of Yamhill; Nat Ford and J. S. Holman of Polk; David M. Risdon,
of Lane; J. W. Drew, of Umpqua; John A. Anderson and D. F. Brownfield
of Clatsop and Pacific. Or. Statesman, July 4, 1851.
42 In style Lancaster was something of a Munchausen. 'It is true, ' he says
in his memorial, which must indeed have astonished congress, 'that the
Columbia River, like the principles of civil and religious equality, with wild
and unconquerable fury has burst asunder the Cascade and Coast ranges of
mountains, and shattered into fragments the basaltic formations,' etc. 32d
Cong., 1st Sens., H. Misc. Doc. 14, 1-5; Or. Stateman, Jan. 13, 1852. 'Ba
saltic formation' then became a sobriquet for the whig councilman among the
Salem division of the legislature. The memorial was signed ' Columbia Lan
caster, late president pro tern, of the council, and W. T. Matlock, late speaker
pro tern, of the house of representatives.'
HIST. OB., VOL. II. 11
162 ADMINISTRATION OF GAINES.
the governor's view of the seat-of-government ques
tion, while Pratt, siding with the main body of the
legislature, repaired to Salem as the proper place to
hold the annual session of the United States court.
Thus a majority of the legislature convened at Salem
as the seat of government, and a majority of the su
preme court at Oregon City as the proper capital;
and the division was likely to prove a serious bar to
the legality of the proceedings of one or the other.43
The majority of the people were on the side of the
legislature, and ready to denounce the imported judges
who had set themselves up in opposition to their
representatives. Before the meeting of the legisla
tive body the people on the north side of the Colum
bia had expressed their dissatisfaction with Strong
for refusing to hold court at the place selected by the
county commissioners, according to an act of the legis
lature requiring them to fix the place of holding court
until the county seat should be established. The
place selected was at the claim of Sidney Ford, on the
Chehalis River, whereas the judge went to the house
of John R. Jackson, twenty miles distant, and sent a
peremptory order to the jurors to repair to the same
place, which they refused to do, on the ground that
they had been ordered in the manner of slave-driving,
to which they objected as unbecoming a judge and
insulting to themselves. A public meeting was held,
at which it was decided that the conduct of the judge
merited the investigation of the impeaching power.44
The proceedings of the meeting were published
about the time of the convening of the assembly, and
a correspondence followed, in which J. B. Chapman
43 Francis Ermatinger being citod to appear in a case brought against him
at Oregon City, objected to the hearing of the cause upon the ground that the
law required a majority of the judges of the court to be present at the seat of
government, which was at Salem. The chief justice said in substance: 'By
the act of coming here we have virtually decided this question.' Or. Specta
tor, Dec. 2, 1851.
"The principal persons in the transactions of the indignation meeting
were J. B. Chapman, M. T. Simmons, D. F. Brownfield, W. P. Dougherty,
E. Sylvester, Thos. W. Glasgow, and James McAllister. Or. Statesman,) Dec.
.2, 1851.
IN SESSION AT SALEM. 163
exonerated Judge Strong, declaring that the senti
ment of the meeting had been maliciously misrepre
sented; Strong replying that the explanation was
satisfactory to him. But the Statesman, ever on the
alert to pry into actions and motives, soon made it
appear that the reconciliation had not been between
the people and Strong, but that W. W. Chapman,
who had been dismissed from the roll of attorneys in
the second district, had himself written the letter and
used means to procure his brother's signature with the
object of being admitted to practice in the first dis
trict; the threefold purpose being gained of exculpa
ting Strong, undoing the acts of Pratt, and replacing
Chapman on the roll of attorneys.45
A majority of the legislative assembly having con
vened at Salem, that body organized by electing
Samuel Parker president of the council, and Richard
J. White, chief clerk, assisted by Chester N. Terry and
Thomas B. Micou. In the house of representatives
William M. King was elected speaker, and Benjamin
P. Harding chief clerk. Having spent several days
in making and adopting rules of procedure, on the 5th
of December the representatives informed the council
of their appointment of a committee, consisting of
Cole, Anderson, Drew, White, and Chapman, to act
in conjunction with a committee from the council, to
draft resolutions concerning the course pursued by
the federal officers.46 The message of the representa
tives was laid on the table until the 8th. In the
mean time Deady offered a resolution in the council
that, in view of the action of Nelson and Strong,
a memorial be sent to congress on the subject. Hall
followed this resolution with another, that Hamil
ton, secretary of the territory, should be informed
that the legislative assembly was organized at Salem,
and that his services as secretary were required at the
46 Or. Statesman, Feb. 3, 1852.
46 Ur. Council, Jour. 1851-2, 10.
164 ADMINISTRATION OF GAINES.
place named, which was laid on the table. Finally,
on the 9th, a committee from both houses to draft
a memorial to congress was appointed, consisting of
Curry, Anderson, and Avery, on the part of the
representatives, and Garrison, Waymire, and Humph
rey, on the part of the council.47
Pratt's opinion in the matter was then asked, which
sustained the legislature as against the judges. Rec
tor was then ordered to bring the territorial library
from Oregon City to Salem on or before the first
day of January 1852, which was not permitted by
the federal officers.48
The legislators then passed an act re-arranging the
judicial districts, and taking the counties of Linn,
Marion, and Lane from the first and attaching them
to the second district.49 This action was justified by
the Statesman, on the ground that Judge Nelson had
proclaimed that he should decree all the legislation
of the session held at Salem null. On the other hand
the people of the three counties mentioned, excepting
a small minority, held them to be valid; and it was
better that Pratt should administer the laws peace
fully than that Nelson should, by declaring them
void, create disorder, and cause dissatisfaction. The
latter was, therefore, left but one county, Clackamas,
in which to administer justice. But the nullifiers,
as the whig officials came now to be called, were not
47 Or. Council, Jour. 1851-%, 12-13. This committee appears to have been
intended to draft a memorial on general subjects, as the memorial concerning
the interference of the governor and the condition of the judiciary was drawn
by a different committee.
48 The Statesman of July 3d remarked: * The territorial library, the gift of
congress to Oregon, became the property, to all intents and purposes, of the
federal clique, who refused to allow the books to be removed to Salem, and
occupied the library room daily with a librarian of the governor's appointing. '
A full account of the affair was published in a little sheet called Vox Populi,
printed at Salem, and devoted to legislative proceedings and the location
question. The first number was issued on the 18th of December 1851. The
standing advertisement at the head of the local column was as follows: ' The
Vox Populi will be published and edited at Salem, 0. T., during the session
of the legislative assembly by an association of gentlemen. ' This little paper
contained a great deal that was personally disagreeable to the federal officers.
49 Deady'* Hist. Or., MS., 27-8; Strong's Hist. Or., MS., 62-3; Grover's
Pub. Life in Or., MS., 53.
LAWS ENACTED. 165
without their friends. The Oregonian, which was
the accredited organ of the federal clique, was loud
in condemnation of the course pursued by the legisla
tors, while the Spectator, which professed to be an in
dependent paper, weakly supported Governor Gaines
and Chief Justice Nelson. Even in the legislative
body itself there was a certain minority who protested
against the^acts of the majority, not on the subject
of the location act alone, or the change in the judicial
districts, leaving the chief justice one county only for
his district, but also on account of the memorial to
congress, prepared by the joint committee from both
houses, setting forth the condition of affairs in the
territory, and asking that the people of Oregon might
be permitted to elect their governor, secretary, and
judges.
The memorial passed the assembly almost by accla
mation, three members only voting against it, one of
them protesting formally that it was a calumnious
document. The people then took up the matter, pub
lic meetings being held in the different counties to
approve or condemn the course of the legislature, a
large majority expressing approbation of the assembly
and censuring the whig judges. A bill was finally
passed calling for a constitutional convention in the
event of congress refusing to entertain their petition
to permit Oregon to elect her governor and judges.
This important business having been disposed of, the
legislators addressed themselves to other matters.
Lane was instructed to ask for an amendment to the
land law; for an increase in the number of councilmen
in proportion to the increase of representatives; to
procure the immediate survey of Yaquina Bay and
Umpqua Eiver; to procure the auditing and payment
of the Cayuse war accounts; to have the organic act
amended so as to allow the county commissioners to
locate the school lands in legal subdivisions or in frac
tions lying between claims, without reference to size
or shape, where the sixteenth and thirty-sixth sec-
166 ADMINISTRATION OF GAINES.
tions were already settled upon; to have the postal
agent in Oregon50 instructed to locate post-offices and
establish mail routes, so as to facilitate correspondence
with different portions of the territory, instead of
aiming to increase the revenue of the general govern
ment; to endeavor to have the mail steamship con
tract complied with in the matter of leaving a mail at
the mouth of the Umpqua River, and to procure the
change of the port of entry on that river from Scotts-
burg to Umpqua City. Last of all, the delegate was
requested to advise congress of the fact that the ter
ritorial secretary, Hamilton, refused to pay the legis
lators their dues; and that it was feared the money
had been expended in some other manner.
Several new counties were created at this session,
raising the whole number to sixteen. An act to create
and organize Simmons out of a part of Lewis county
was amended to make it Thurston county, and the
eastern limits of Lewis were altered and defined.51
Douglas was organized out of Umpqua county, leav
ing the latter on the coast, while the Umpqua Valley
constituted Douglas. The county of Jackson was
also created out of the southern portion of the former
Umpqua county, comprising the valley of the Rogue
River,52 and it was thought the Shasta Valley. These
two new countries were attached to Umpqua for judi
cial purposes, by which arrangement the Second Judi
cial district was made to extend from the Columbia
River to the California boundary.53
50 The postal agent was Nathaniel Coe, who was made the subject of invid
ious remark, being a presidential appointee.
51 The boundaries are not given in the reports. They were subsequently
changed when Washington was set off. See Or. Local Laws, 1851-2, 13-15,
30; New Tacoma North Pacific Coast, Dec. 15, 1879.
52 A resolution was passed by the assembly that the surveyor-general be
required to take measures to ascertain whether the town known as Shasta
Butte City j(Yreka) was in Oregon or not, and to publish the result of his
observations in the Statesman. Or. Council, Jour. 1851-2, 53.
53 The first term of the United States district court held at the new
court-house in Cyntheann was in October 1851. At this term James Mc-
Cabe, B. F. Harding, A. B. P. Wood, J. W. Nesmith, and W. G. T'Vault
were admitted to practice in the Second Judicial district. McCabe was
appointed prosecuting attorney, Holbrook having gone on a visit to the
LAWS AND MEMORIALS. 167
The legislature provided for taking the census in
order to apportion representatives, and authorized the
county commissioners to locate the election districts;
and to act as school commissioners to establish com
mon schools. A board of three commissioners, Har
rison Linnville, Sidney Ford, and Jesse Applegate,
was appointed to select and locate two townships of
land to aid in the establishment of a university, ac
cording to the provisions of the act of congress of Sep
tember 27, 1850.
An act was passed, of which Waymire was the
author, accepting the Oregon City claim according to
the act of donation, and also creating the office of
commissioner to control and sell the lands donated by
congress for the endowment of a university; but it
became of no effect through the failure of the assem
bly to appoint such an officer.54 Deady was the
author of an act exempting the wife's half of a donation
claim from liability for the debts of the husband,
which was passed, and which has saved the homesteads
of many families from sheriff's sale.
Among the local laws were two incorporating the
Oregon academy at Lafayette, and the first Methodist
church at Salem.55 In order to defeat the federal
States. J. W. Nesmith was appointed master and commissioner in chancery,
and J. H. Lewis commissioner to take bail. Lewis, familiarly known as
'Uncle Jack,' came to Oregon in 1847 and settled on La Creole, on a farm, later
the property of John M. Scott, on which a portion of the town of Dalks is
located. Upon the resignation of H. M. Weller, county clerk, in August
1851, Lewis was appointed in his place, and subsequently elected to the
office by the people. His name is closely connected with the history of the
county and of Dallas. The first term of the district court held in anyj)art
of southern Oregon was at Yoncalla, in the autumn of 1852. Gibbs1 Notes,
MS., 15. The first courts in Jackson county about 1851-2 were held by
justices of the peace called alcaldes, as in California. Rogers was the first,
Abbott the second. It was not known at this time whether Rogue River
Valley fell within the limits of California or Oregon, and the jurisdiction
225-30. Pratt ieft Oregon in 1856 to reside in Cal. He had done substantial
pioneer work on the bench, and owing to his conspicuous career he had been
criticised — doubtless through partisan feeling.
34 For act see Or. Statesman, Feb. 3, 1852.
55 Trustees of Oregon academy: Ahio S. Watt, R. P. Boise, James McBride,
A J Hembree, Edward Geary, James W. Nesmith, Matthew P. Deady, R.
168 ADMINISTRATION OF GAINES.
officers in their effort to deprive the legislators of the
use of the territorial library, an act was passed re
quiring a five thousand dollar bond to be given by
the librarian, who was elected by the assembly.56
Besides the memorial concerning the governor and
judges, another petition addressed to congress asked
for better mail facilities with a post-office at each
court-house in the several counties, and a mail route
direct from San Francisco to Puget Sound, showing
the increasing settlement of that region. It was
asked that troops be stationed in the Rogue River
Valley, and at points between Fort Hall and The
Dalles for the protection of the immigration, which
this year suffered several atrocities at the hands of
the Indians on this portion of the route; that the pay
of the revenue officers be increased;57 and that an ap
propriation be made to continue the geological survey
of Oregon already begun.
Having elected R. P. Boise district -attorney for
the first and second judicial districts, and I. N. Ebey
to the same office for the third district; reflected
Bush territorial printer, and J. D. Boon territorial
treasurer,58 the assembly adjourned on the 21st of
January, to carry on the war against the federal offi
cers in a different field.59
C. Kinney, and Joel Palmer. Or. Local Laws, 1851-2, 62-3. The Meth
odist church in Oregon City was incorporated in May 1850.
56 Ludwell Rector was elected. The former librarian was a young man
who came out with Gaines, and placed in that position by him while he held
the clerkship of the surveyor-general's office, and also of the supreme court.
Or. Statesman, Feb. 3, 1852.
57 See memorial of J. A. Anderson of Clatsop County in Or. Statesman,
Jan. 20, 1852.
58 J. D. Boon was a Wesleyan Methodist preacher, a plain, unlearned man,
honest and fervent, an immigrant of 1845. He was for many years a resident
of Salem, and held the office of treasurer for several terms. Deady's Scrap
Bool, 87.
59 There were in this legislature a few not heretofore specially mentioned.
J. M. Garrison, one of the men of 1843, before spoken of, was born in Indiana
in 1813, and was a farmer in Marion county. Wilie Chapman, also of Marion,
was born in South Carolina in 1817, reared in Tenn., and came to Oregon in
1847. He kept a hotel at Salem. Luther White, of Linn, preacher and
farmer, was born in 1797 in Ky, and immigrated to Oregon in 1847. A. J.
Hembree, of the immigration of 1843, was born in Tenn. in 1813; was a
merchant and farmer in Yamhill. James S. Holman, an immigrant of 1847,
NEWSPAPER .WAR. 169
From the adjournment of the legislative assembly
great anxiety was felt as to the action of congress in
the matter of the memorial. Meanwhile the news
paper war was waged with bitterness and no great
attention to decency. Seldom was journalism more
completely prostituted to party and personal issues
than in Oregon at this time and for several years
thereafter. Private character and personal idiosyn
crasies were subjected to the most scathing ridicule.
With regard to the truth of the allegations brought
against the unpopular officials, from the evidence be
fore me, there is no doubt that the governor was vain
and narrow-minded ; though of course his enemies ex
aggerated his weak points, while covering his credit
able ones,60 and that to a degree his official errors
could not justify, heaping ridicule upon his past mili
tary career, as well as blame upon his present guberna
torial acts,61 and accusing him of everything dishonest,
was born in Tenn. in 1813; a farmer in Polk. David S. Risdon was born in
Vt in 1823, came to Oregon in 1850; lawyer by profession. John A. Ander
son was born in Ky in 1824, reared in north Miss., and came to Oregon in
1850; lawyer and clerk in the custom-house at Astoria. James Davidson,
born in Ky in 1792; emigrated .thence in 1847; housejoiner by occupation.
George E. Cole, politician, born in New York in 1820; emigrated thence in
1850 by the way of California. He removed to Washington in 1858, and was
sent as a delegate to congress; but afterward returned to Oregon, and held
the office of postmaster at Portland from 1873 to 1881.
60 A pp legate's Views of Hist., MS., 48. Gaines assaulted Bush in the
street on two occasions; once for accidentally jostling him, and again for
something said in the Statesman. See issues of Jan. 27th and June 29, 1852.
A writer calling himself ' A Kentuckian ' had attacked the governor's exercise
of the pardoning power in the case of Enoch Smith, reminding his excellency
that Kentucky, which produced the governor, produced also nearly all the
murderers in Oregon, namely, Keen, Kendall, Turner, the two Evermans, and
Smith. 'Common sense, sir, 'said this correspondent, 'should teach you that
the prestige of Kentucky origin will not sustain you in your mental imbecility;
and that Kentucky aristocracy, devoid of sense and virtue, will not pass cur
rent in this intelligent market.' Or. Statesman, June 15, 1852.
61 John P. Gaines was born in Augusta, Va, in September 1795, removing
to Boone county, Ky, in early youth. He volunteered in the war of 1812,
being in the battle of the Thames and several other engagements. He rep
resented Boone county for several years in the legislature of Ky, and was
subsequently sent to congress from 1847 to 1849. He was elected major of
the Ky cavalry, and served in the Mexican war until taken prisoner at
Encarnacion. After some months of captivity he escaped, and joining the
army served to the end of the war. On his return from Mexico, Taylor
appointed him governor of Oregon. When his term expired he retired upon
a farm in Marion county, where he resided till his death in December 1857.
8. F. Alta, Jan. 4, 1858.
170 ADMINISTRATION OF GAINES.
from drawing his family stores from the quarter-mas
ter's department at Vancouver, to re-auditing and
changing the values of the certificates of the commis
sioners appointed to audit the Cayuse war claims, and
retaining the same to use for political purposes;62 the
truth being that these claims were used by both par
ties. Holbrook, the United States attorney, was
charged with dishonesty and with influencing both
the governor and judges, and denounced as being
responsible for many of their acts;63 a judgment to
which subsequent events seemed to give color.
At the regular term, court was held in Marion
county. Nelson repaired to Salem, and was met by
a committee with offensive resolutions passed at a
public meeting, and with other tokens of the spirit in
which an attempt to defy the law of the territory, as
passed at the last session, would be received.64 Mean
time the opposing parties had each had a hearing at
62 Or. Statesman, Nov. 6, 1852; Id., Feb. 26, 1853. Whether or not this
was true, Lane procured an amendment to the former acts of congress in order
to make up the deficiency said to have been occasioned by the alteration of
the certificates. Cong. Globe, 1852-3, app. 341; 33d Cong., 1st Sess., H. Com.
Kept. 122, 4-5.
63 Memorial, in 32d Cong., 1st Sess., H. Misc. Doc. 9, 2; Or. Statesman,
May 18, 1852.
64The ridicule, however, was not all on one side. There appeared in the
Oregonian, and afterward in pamphlet form, with a dedication to the editors
of Vox Populi, a satire written in dramatic verse, and styled a Melodrama,
illustrated with rude wood-cuts, and showing considerable ability both for
composition and burlesque. This publication, both on account of its political
effect and because it was the first book written and published in Oregon of
an original nature, deserves to be remembered. It contained 32 doublt-col-
umned pages, divided into five acts. The persons satirized were Pratt,
Deady, Lovejoy, King, Anderson, Avery, Waymire, Parker, Thornton, Will-
son. Bush, Backenstos, and Waterman of the Portland Times. The author
was William L. Adams, an immigrant of 1848, a native of Painesville, Ohio,
where he was born Feb. 1821. His parents removed to Michigan in 1834.
In 1835 Adams entered college at Can ton, 111.; going afterward to Galesburg,
supporting himself by teaching in the vacations. He finished his studies at
Bethany College, Va, and became a convert to the renowned Alexander
Campbell. In 1845 he married Olivia Goodell, a native of Maine, and settled
in Henderson County, 111. , from which state he came to Oregon. He taught
school in Yamhill county, and was elected probate judge. He was of
fered a press at Oregon City if he would establish a whig newspaper at that
place, which he declined; but in 1858 he purchased the Spectator press and
helped materially to found the present republican party of Oregon. He was
rewarded with the collectorship at Astoria under Lincoln. Portland West
Shore, May, 1876.
POLITICAL ISSUES. 171
Washington. The legislative memorial and commu
nications from the governor and secretary were spread
before both houses of congress.65 The same mail
which conveyed the memorial conveyed a copy of the
location act, the governor's message on the subject,
the opinion of Attorney-General Crittenden, and the
opinions of the district judges of Oregon. The presi
dent in order to put an end to the quarrel recom
mended congress to fix the seat of government of
Oregon either temporarily or permanently, and to
approve or disapprove the laws passed at Salem, in
conformity to their decision66 in favor of or against
that place for the seat of government. To disapprove
the action of the assembly would be to cause the
nullification of many useful laws, and to create pro
tracted confusion without ending the political feud.
Accordingly congress confirmed the location and other
laws passed at Salem, by a joint resolution, and the
president signed it on the 4th of May.67
Thus far the legislative party was triumphant.
The imported officials had been rebuked; the course
of Governor Gaines had been commented on by many
of the eastern papers in no flattering terms; and let
ters from their delegate led them to believe that
congress might grant the amendments asked to the
organic act, permitting them to elect their governor
and judges. The house did indeed on the 22d of
June pass a bill to amend,68 but no action was taken
upon it in the senate, though a motion was made to
return it, with other unfinished business, at the close
of the session, to the files of the senate.
The difference between the first Oregon delegate
and the second was very apparent in the management
Cong., 1st Sess., 8. Jour., 339; Cong. Globe, 1851-2, 451, 771; S2d
Cong., 1st Sess., H. Misc. Doc. 10; 32d Cong., 1st Sess., H. Ex. Doc. 94, 29.
*30d Cong., 1st Sess., H. Ex. Doc. 94, 1-2; and Id., 96, 1-8; Location
Law, 1-39. The Location Law is a pamphlet publication containing the
documents on this subject.
67 Cong. Globe, 1851-2, 1199, 1209; 32d Cong., 1st Sess., 8. Jour., 394;
Or. Statesman, June 29, 1852; Or. Gen. Laws, 1845-64, 71.
Cong., 1st Sess., Cong. Globe, 1851-2, 1594.
172 ADMINISTRATION OF GAINES.
of this business. Had Thurston been charged by his
party to procure the passage of this amendment, the
journals of the house would have shown some bold
and fiery assaults upon established rules, and proofs
positive that the innovation was necessary to the
peace and prosperity of the territory. On the con
trary, Lane was betrayed by his loyalty to his per
sonal friends into seeming to deny the allegations of
his constituents against the judiciary.
The location question led to the regular organiza
tion of a democratic party in Oregon in the spring of
1852, forcing the whigs to nominate a ticket. The
democrats carried the election; and soon after this
triumph came the official information of the action of
congress on the location law, when Gaines, with that
want of tact which rendered abortive his administra
tion, was no sooner officially informed of the confirma
tion of the laws of the legislative assembly and the
settlement of the seat-of-government question than he
issued a proclamation calling for a special session of
the legislature to commence on the 26th of July. In
obedience to the call, the newly elected members, many
of whom were of the late legislative body, assembled
at Salem, and organized by electing Deady president
of the council, and Harding speaker of the house.
With the same absence of discretion the governor in
his message, after congratulating them on the settle
ment of a vexed question, informed the legislature
that it was still a matter of grave doubt to what ex
tent the location act had been confirmed; and that
even had it been wholly and permanently established,
it was still so defective as to require further legisla
tion, for which purpose he had called them together,
though conscious it was at a season of the year when
to attend to this important duty would seriously in
terfere with their ordinary avocations; yet he hoped
they would be willing to make any reasonable sacri
fice for the general good. The defects in the location
OFFICIAL WARFARE. 173
act were pointed out, and they were reminded that
no sites for the public buildings had yet been selected,
and until that was done no contracts could be let for
beginning the work; nor could any money be drawn
from the sums appropriated until the commissioners
were authorized by law to call for it. He also called
their attention to the necessity of re-arranging the
judicial districts, and reminded them of the incon
gruous condition of the laws, recommending the ap
pointment of a board for their revision, with other
suggestions, good enough in themselves, but distaste
ful as coining from him under the circumstances, and
at an unusual and inconvenient time. In this mood the
assembly adjourned sine die on the third day, with
out having transacted any legislative business, and the
seat-of-government feud became quieted for a time.
This did not, however, end the battle. The chief
justice refused to recognize the prosecuting attorney
elected by the legislative assembly, in the absence
of Amory Halbrook, and appointed S. B. Mayre,
who acted in this capacity at the spring term of court
in Clackamas county. The law of the territory re
quiring indictments to be signed by this officer, it was
apprehended that on account of the irregular proceed
ings of the chief justice many indictments would be
quashed. In this condition of affairs the democratic
press was ardently advocating the election of Frank
lin Pierce, the party candidate for the presidency of
the United States, as if the welfare of the territory
depended upon the executive being a democrat. Al
though the remainder of Games' administration was
more peaceful, he never became a favorite of either
faction, and great was the rejoicing when at the close
of his delegateship Lane was returned to Oregon as
governor, to resign and run again for delegate, leav
ing his secretary, George L. Curry, one of the Salem
clique, as the party leaders carne to be denominated,
to rule according to their promptings.
Of THE
(UNIVERSITY
CHAPTEE VI.
DISCOVERY OF GOLD IN OREGON".
1850-1852.
POLITICS AND PROSPECTING — IMMIGRATION — AN ERA OF DISCOVERY — EX
PLORATIONS ON THE SOUTHERN OREGON SEABOARD — THE CALIFORNIA
COMPANY — THE SCHOONER 'SAMUEL ROBERTS' AT THE MOUTHS OF
ROGUE RIVER AND THE UMPQUA— MEETING WITH THE OREGON PARTY—
LAYING-OUT OF LANDS AND TOWN SITES — FAILURE OF THE UMPQUA
COMPANY — THE FINDING OF GOLD IN VARIOUS LOCALITIES— THE MAIL
SERVICE — EFFORTS OF THURSTON IN CONGRESS— SETTLEMENT OF PORT
ORFORD AND DISCOVERY OF Coos BAY — THE COLONY AT PORT ORFORD —
INDIAN ATTACK— THE T'VAULT EXPEDITION — MASSACRE — GOVERNMENT
ASSISTANCE.
WHILE politics occupied so much attention, the
country was making long strides in material progress.
The immigration of 1850 to the Pacific coast, by the
overland route alone, amounted to between thirty and
forty thousand persons, chiefly men. Through the
exertions of the Oregon delegate, in and out of con
gress, about eight thousand were persuaded to settle
in Oregon, where they arrived after undergoing more
than the usual misfortunes. Among other things was
cholera, from which several hundred died between the
Missouri River and Fort Laramie.1 The crowded
condition of the road, which was one cause of the
pestilence, occasioned delays with the consequent ex
haustion of supplies.2 The famine becoming known
in Portland, assistance was forwarded to The Dalles
1 White, in Camp Fire Orations, MS., 9-10; DowelVa Journal, MS., 5;
Johnson's Gal. and Or. , 255; Or. Spectator, Sept. 26, 1850.
2 Says one of the sufferers: ' I saw men who had been strong stout men
walking along through the hot desert sands, crying like children with fatigue,
hunger, and despair.' CardweWs Emig. Comply, MS., 1.
(174)
IMMIGRATION OF 1850. 175
military post, and thence carried forward and distrib
uted by army officers and soldiers. Among the arrivals
were many children, made orphans en route, and it
was in the interest of these and like helpless ones
that Frederick Waymire petitioned congress to amend
the land law, as mentioned in the previous chapter.
Those who came this year were bent on speculation
more than any who had come before them; the gold
fever had unsettled ideas of plodding industry and
slow accumulation. Some came for pleasure and ob
servation.3
Under the excitement of gold-seeking and the
spirit of adventure awakened by it, all the great
north-western seaboard was opened to settlement with
marvellous rapidity. A rage for discovery and pros
pecting possessed the people, and produced in a short
time marked results. From the Klamath Eiver to
Puget Sound, and from the upper Columbia to the
sea, men were spying out mineral wealth or laying
plans to profit by the operations of those who pre
ferred the risks of the gold-fields to other and more
settled pursuits. In the spring of 1850 an association
of seventy persons was formed in San Francisco to
discover the mouth of Klamath River, believed at the
1 Among those who took the route to the Columbia Eiver was Henry J.
Coke, an English gentleman travelling for pleasure. He arrived at Vancouver
Oct. 22, 1850, and after a brief look at Oregon City sailed in the Mary Dare
for the Islands, visiting San Francisco in Feb. 1851, thence proceeding to
Mexico and Vera Cruz, and by the way of St Thomas back to England, all
without appearing to see much, though he wrote a book called Coke's Ride.
Two Frenchmen, Julius Brenchly and Jules Remy, were much interested in
the Mormons, and wrote a book of not much value. Remy and BrencMy, ii.
607-8.
F. G. Hearn started from Kentucky intending to settle in Oregon, but
seized by cholera was kept at Fort Laramie till the following year, when with
a party of six he came on to the Willamette Valley, and finally took up his resi
dence at Yreka, California. Beam's California Sketches, MS., is a collection
of observations on the border country between California and Oregon.
Two Irishmen, Kelly and Con way, crossed the continent this year with no
other supplies than they carried in their haversacks, depending on their rifles
for food. They were only three months in travelling from Kansas to the Sac
ramento Valley, which they entered before going to Oregon. Qulglnfs Irish
Race, 216-17. During Aug. and Sept. of this year Oregon was visited by the
French traveller Saint Amant, who made some unimportant notes for the
French government. Certain of his observations were apocryphal. See Saint
Amant, 139-391.
176 DISCOVERY OF GOLD IN OREGON.
time, owing to an error of Fremont's, to be in Oregon.
The object was wholly speculative, and included be
sides hunting for gold the opening of a road to the
mines of northern California, the founding of towns
at the most favorable points on the route, with other
enterprises. In May thirty-five of the shareholders,
and some others, set out in the schooner Samuel Rob
erts to explore the coast near the Oregon boundary.
None of them were accustomed to hardships, and not
more than three knew anything about sailing a ship.
Lyman, the captain and owner, was not a sailor, but
left the management of the vessel to Peter Mackie, a
young Canadian who understood his business, and who
subsequently for many years sailed a steamship be
tween San Francisco and Portland. Lyman's second
mate was an Englishman named Samuel E. Smith,
also a fair seaman; while the rest of the crew were
volunteers from among the schooner's company.
The expedition was furnished with a four-pound
carronade and small arms. For shot they brought
half a ton of nails, screws, hinges, and other bits of
iron gathered from the ashes of a burned hardware
store. Provisions were abundant, and two surveyors,
with their instruments, were among the company/
which boasted several college graduates and men of
parts.5
By good fortune, rather than by any knowledge or
superior management, the schooner passed safely up
the coast as far as the mouth of Rogue River, but
without having seen the entrance to the Klamath,
which they looked for north of its right latitude. A
* These were Nathan Schofield, A. M., author of a work on surveying, and
Socrates Schofield his son, both from near Norwich, Connecticut. Schofield
Creek in Douglas county is named after the latter.
5 Besides the Schofields there were i» the exploring company Heman Win
chester, and brother, editor of the Pacific News of San Francisco; Dr Henry
Payne, of New York; Dr E. R. Fiske, of Massachusetts; S. S. Mann, a gradu
ate of Harvard University; Dr J. W. Drew, of New Hampshire; Barney, of
New York; Woodbury, of Connecticut; C. T. Hopkins, of San Francisco; Henry
H. Woodward, Patrick Flanagan, Anthony Ten Eyck, A. G. Able, James K.
Kelly, afterward a leading man in Oregon politics; Deaii, Tierman, Evans,
and Knight, whose names have been preserved.
ROGUE RIVER EXPLORATIONS. 177
boat with, six men sent to examine the entrance was
overturned in the river and two were drowned, the
others being rescued by Indians who pulled them
ashore to strip them of their clothing. The schooner
meantime was following in, and by the aid of glasses
it was discovered that the shore was populous with
excited savages running hither and thither with such
display of ferocity as would have deterred the vessel
from entering had not those on board determined to
rescue their comrades at any hazard. It was high
tide, and by much manoeuvring the schooner was
run over the bar in a fathom and a half of water.
The shout of relief as they entered the river was
answered by yells from the shore, where could be
seen the survivors of the boat's crew, naked and half
dead with cold and exhaustion, being freely handled
by their captors. As soon as the vessel was well
inside, two hundred natives appeared and crowded on
board, the explorers being unable to prevent them.
The best they could do was to feign indifference and
trade the old iron for peltries. When the natives had
nothing left to exchange for coveted articles, they ex
hibited an ingenuity as thieves that would have done
credit to a London pickpocket. Says one of the com
pany: "Some grabbed the cook's towels, one bit a
hole in the shirt of one of our men to get at some
beads he had deposited there, and so slyly, too, that
the latter did not perceive his loss at the time. One
fellow stole the eye-glass of the ship's quadrant, and
another made way with the surveyor's note -book.
Some started the schooner's copper with their teeth ;
and had actually made some progress in stripping her
as she lay high and dry at low water, before they
were found out. One enterprising genius undertook
to get possession of the chain and anchor by sawing
off the former under water with his iron knife! Con
scious of guilt, and fearing lest we might discover the
mischief he intended us, he would now and then throw
a furtive glance toward the bow of the vessel, to the
HIST. OB.. VOL. II. 12
178 DISCOVERY OF GOLD IN OREGON.
great amusement of those who were watching him
through the hawse pipes."
An examination more laborious than profitable was
made of the country thereabout, which seemed to
offer no inducements to enterprise sufficient to war
rant the founding of a settlement for any purpose.
Upon consultation it was decided to continue the
voyage as far north as the Umpqua River, and hav
ing dispersed the tenacious thieves of Rogue River by
firing among them a quantity of their miscellaneous
ammunition, the schooner succeeded in getting to sea
again without accident.
Proceeding up the coast, the entrance to Coos Bay
was sighted, but the vessel being becalmed could not
enter. While awaiting wind, a canoe approached
from the north, containing Umpquas, who offered to
show the entrance to their river, which was made the
5th of August. Two of the party went ashore in the
canoe, returning at nightfall with reports that caused
the carronade to belch forth a salute to the rocks and
woods, heightened by the roar of a simultaneous dis
charge of small arms. A flag made on the voyage
was run up the mast, and all was hilarity on board
the Samuel Roberts. On the 6th, the schooner crossed
the bar, being the first vessel known to have entered
the river in safety. On rounding into the cove called
Winchester Bay, after one of the explorers, they came
upon a party of Oregonians; Jesse Applegate, Levi
Scott, and Joseph Sloan, who were themselves ex
ploring the valley of the Umpqua with a purpose
similar to their own.6 A boat was sent ashore and a
joyful meeting took place in which mutual encourage
ment and assistance were promised. It was found that
Scott had already taken a claim about twenty-six
miles up the river at the place which now bears the
name of Scottsburg, and that the party had come
down to the mouth in the expectation of meeting
6 Or. Spectator, March 7 and Sept. 12, 1850. See also Pioneer Mag., i.
_282, 350.
THE UMPQUA COMPANY. 179
there the United States surveying schooner Swing,
in the hope of obtaining a good report of the harbor.
But on learning the designs of the California com
pany, a hearty cooperation was offered on one part,
and willingly accepted on the other. Another cir
cumstance in favor of the Umpqua for settlement
was the peaceable disposition of the natives, who
since the days when they murdered Jedediah Smith's
party had been brought under the pacifying influ
ences of the Hudson's Bay Company, and sustained
a good reputation as compared with the other coast
tribes.
On the morning of the 7th the schooner proceeded
up the river, keeping the channel by sounding from a
small boat in advance, and finding it one of the love
liest of streams;7 at least, so thought the explorers,
one of whom afterward became its historian.8 Finding
a good depth of water, with the tide, for a distance
of eighteen miles, the boat's crew became negligent,
and failing to note a gravelly bar at the foot of a bluff
a thousand feet in height the schooner grounded in
eight feet of water, and when the tide ebbed was left
stranded.9
However, the small boat proceeded to the foot of the
rapids, where Scott was located, this being the head
of tide-water, and the vessel was afterward brought
safely hither. In consideration of their services in
7 It is the largest river between the Sacramento and the Columbia. * Ves
sels of 800 tons can enter. ' Mrs Victor, in Puc. Rural Press, Nov. 8, 1 879.
'The Umpqua is sometimes supposed to bo the river discovered by Flores in
1G03, and afterwards referred to as the "River of the West.'" Davidson's
Coast Pilot, 126.
8 This was Charles T. Hopkins, who wrote an account of the Umpqua ad
venture for the S. F. Pioneer, vol. i. ii., a periodical published in the early
days of California magazine literature. I have drawn my account partly from
this source, as well as from Gibb*' Notes on Or. Hist., MS., 2-3, and from
Historical Correspondence, MS., by S. 8. Mann, S. F. Chadwick, H. H. Wood
ward, members of the Umpqua company, and also from other sources, among
which are Williams' S. W. Oregon, MS., 2-3.; Letters of D. J. Lyons, and the
Oregon Spectator, Sept. 5, 1850; Deadtfs Scrap-Book, 83; 8. F. Evening Pica
yune, Sept. 6, 1850.
9Gibbs says: 'The passengers endeavored to lighten the cargo by pouring
the vessel's store of liquors down their throats, from which hilarious proceed
ing the shoal took the name of Brandy Bar.' Notes, MS., 4.
180 DISCOVERY OF GOLD IN OREGON.
opening the river to navigation and commerce, Scott
presented the company with one hundred and sixty
acres of his land-claim, or that portion lying below
the rapids, for a town site. Affairs having progresse4
so well the members of the expedition now organized
regularly into a joint stock association called the
"Umpqua Town-site and Colonization Land Com
pany," the property to be divided into shares and
drawn by lot among the original members. They
divided their forces, and aided by Applegate and
Scott proceeded to survey and explore to and through
the Umpqua Valley. One party set out for the ferry
on the north branch of the Umpqua, and another for
the main valley,10 coming out at Applegate's settlement
of Yoncalla, while a third remained with the schooner.
Three weeks of industrious search enabled them to
select four sites for future settlements. One at the
mouth of the river was named Umpqua City, and
contained twelve hundred and eighty acres, being
situated on both sides of the entrance. The second
location was Scottsburg. The third, called Elkton,
was situated on Elk River at its junction with the
Umpqua. The fourth, at the ferry above mentioned,
was named Winchester, and was purchased by the
company from the original claimant, John Aiken,
who had a valuable property at that place, the natural
centre of the valley.
Having made these selections according to the best
judgment of the surveyors, some of the company
remained, while the rest reembarked and returned to
San Francisco. In October the company having sold
quite a number of lots were able to begin operations
in Oregon. They despatched the brig Kate Heath,
Captain Thomas Wood, with milling machinery, mer
chandise, and seventy-five emigrants. On this vessel
were also a number of zinc houses made in Boston,
10 Oakland, a few miles south of Yoncalla, was laid out in 1849 by Chester
Lyman, since a professor at Yale College. This is the oldest surveyed town
in the Umpqua Valley. Or. Sketches, MS., 3.
GIBBS AND CHAD WICK. 181
which were put up on the site of Umpqua City. In
charge of the company's business was Addison C.
Gibbs, afterward governor of Oregon, who was on his
way to the territory when he fell in with the projectors
of the scheme, and accepted a position and shares.11
Thus far all went well. But the Umpqua Com
pany were destined to bear some of those misfortunes
which usually attend like enterprises. The passage
of the Oregon land law in September was the first
blow, framed as it was to prevent companies or non
residents from holding lands for speculative purposes,
in consequence of which no patent could issue to the
company, and it could give no title to the lands it
was^oifering for sale. They might, unrebuked, have
carried on a trade begun in timber; but the loss of
one vessel loaded with piles, and the ruinous detention
of Another, together with a fall of fifty per cent in
the price of their cargoes, soon left the contractors in
debt, and an assignment was the result, an event
hastened ^ by the failure of the firm in San Francisco
with which the company had deposited its funds.
Five months after the return of the Samuel Roberts to
San Frariciseo, not one of those who sailed from the
river in her was in any manner connected with the
Umpqua scheme. The company in California having
ceased to furnish means, those left in Oregon were
compelled to direct their efforts toward solving the
problem of how to live.12
11 D. C. Underwood, who had become a member of the association, was a
passenger on the Kate Heath, a man well known in business and political cir
cles in the state.
12 Drew remained at Umpqua City, where he was subsequently Indian
agent for many years, and where he held the office of collector of customs and
subsequently of inspector. He was unmarried. Marysville Appeal, Jan. 20,
18G4. Winchester remained in Oregon, residing at Scottsburg, then at Rose-
burg and Empire City. He was a lawyer, and a favorite with the bar of the
Second Judicial district. ' He was generous in dealing, liberal in thought, of
entire truth, and absolutely incorruptible.' Salem Mercury, Nov. 10, 1876.
Gibbs took a land claim seven miles above the mouth of the Umpqua, laying
out the town of Gardiner, and residing there for several years, during which
time he returned to the east and married Margaret M. Watkins, of Erie
county, N. Y. Addison Craudall Gibbs, afterward governor of Oregon, was
born at East Otto, Cattaruugus county, N. Y., July 9, 1825, and educated at
the New York State Normal school. He became a teacher, and studied law,
182 DISCOVERY OF GOLD IN OREGON.
But although the Umpqua Company failed to carry
out its designs, it had greatly benefited southern
Oregon by surveying and mapping Umpqua harbor,
the notes of the survey being published, with a report
of their explorations and discoveries of rich agricul
tural lands, abundant and excellent timber, valuable
water-power, coal and gold mines, fisheries and stone-
being admitted to the bar in May 1849 at Albany. He is descended from a
long line of lawyers in England ; his great grandfather was a commissioned
officer in the revolutionary war. In Oregon he acted well his part of pioneer,
carrying the mail in person, or by deputy, from Yoncalla to Scottsburg for a
period of four years through the floods and storms of the wild coast mount
ains, never missing a trip. He was elected to the legislature of 1851-2.
When Gardiner was made a port of entry, Gibbs became collector of customs
for the southern district of Oregon. He afterward removed to the Umpqua
Valley, and in 1858 to Portland, where he continued the practice of law. He
was ever a true friend of Oregon, taking a great personal interest in her de
velopment and an intelligent pride in her history. He has spared no pains
in giving me information, which is embodied in a manuscript entitled. Notes
on the history of Oregon.
Stephen Fowler Chadwick, a native of Connecticut, studied law in New
York, where he was admitted to practice in 1850, immediately after which he
set out for the Pacific coast, joining the Umpqua Company and arriving in
Oregon just in time to be left a stranded speculator on the beautiful but
lonely bank of that picturesque river. When the settlement of the valley
increased he practised his profession with honor and profit, being elected
county and probate judge, and also to represent Douglas county in the con
vention which framed the state constitution. He was presidential elector in
18(54 and 1868, being the messenger to carry the vote to Washington in the
latter year. He was elected secretary of state in 1870, which office he held
for eight years, becoming governor for the last two years by the resignation
of Grover, who was elected to the U. S. senate. Governor Chadwick was also
a distinguished member of the order of freemasons, having been grand master
in the lodge of Perfection, and having received the 33d degree in the Scotch
rite, as well as having been for 17 years chairman of the committee on foreign
correspondence for the grand lodge of Oregon, and a favorite orator of the
order. He married in 1856 Jane A. Smith of Douglas county, a native of
Virginia, by whom he has two daughters and two sous. Of a lively and ami
able temper and courteous manner, he has always enjoyed a popularity inde
pendent of official eminence. His contributions to this history consist of
letters and a brief statement of the Public Records of the (Japitol in manuscript.
I shall never forget his kindness to me during my visit to Oregon in 1078.
James K. Kelly was born in Center county, Penn., in 1819, educated at Prince
ton college, N. J., and studied law at Carlisle law school, graduating in 1842,
and practising in Lewiston, Penn., until 1849, when he started for California
by way of Mexico. Not finding mining to his taste, he embarked his fortunes
in the Umpqua Company. He went to Oregon City and soon came into notice.
He was appointed code commissioner in 1853, as I have elsewhere mentioned,
and was in the same year elected to the council, of which he was a member for
four years and president for two sessions. As a military man lie figured con
spicuously in the Indian wars. He was a member of the constitutional con
vention in 1857, and of the state senate in I860. In 1870 he was sent to the
U. S. senate, and in 1878 was appointed chief justice of the supreme court.
His political career will be more particularly noticed in the progress of this
history.
BIRTH OF TOWNS. 183
quarries. These accounts brought population to that
part of the coast, and soon vessels began to ply be
tween San Francisco and Scottsburg. Gardiner,
named after the captain of the Bostonian, which was
wrecked in trying to enter the river in 1850, sprang
up in 1851. In that year also a trail was constructed
for pack-animals across the mountains to Winchester,13
which became the county seat of Douglas county,
with a United States land office. From Winchester
the route was extended to the mines in the Urnpqua
and Rogue River valleys. Long trains of mules
laden with goods for the mining region filed daily
along the precipitous path which was dignified with
the name of road, their tinkling bells striking cheerily
the ear of the lonely traveller plodding his weary way
to the gold-fields. Scottsburg, which was the point
of departure for the pack-trains, became a commercial
entrepot of importance.14 The influence of the Ump-
qua interest was sufficient to obtain from congress at
the session of 1850—51 appropriations for mail ser
vice by sea and land, a light-house at the mouth of
the river, and a separate collection district.15
As the mines were opened permanent settlements
were made upon the farming lands of southern Oregon,
and various small towns were started from 1851 to
13 Winchester was laid out by Addison C. Flint, who was in Chile in 1845,
to assist in the preliminary survey of the railroad subsequently built by the
infamous Harry Meigs. In 1849 Flint came to California, and the following
yc ar to Oregon to make surveys for the Urapqua Company. He also laid out
the town of Roseburg in 1854 for Aaron Rose, where he took up his residence
in 1857. Or. Sketches, MS., 2-4.
14 Allan, McKinlay, and McTavish of the Hudson's Bay Company opened
a trading-house at Scottsburg; and Jesse Applegate also turned merchant.
Applegate's manner of doing business is described by himself in Burnett's
Re -collection* of a Pioneer: 'I sold goods on credit to those who needed them
most, not to those who \vere able to pay, lost $30,000, and quit the business. '
15 The steamers carrying the mails from Panama to the Columbia River
were under contract to stop at the Umpqua, and one entry was made, but
the steamer was so nearly wrecked that no further attempt followed. The
merchants and others at Scottsburg and the lower towns, as well as at
Winchester, had to wait for their letters and papers to go to Portland and be
sent up the valley by the bi-monthly mail to Y oncalla, a delay which was
severely felt and impatiently resented. The legislature did not fail to repre
sent the matter to congress, and Thurston did all he could to satisfy his con
stituents, though he could not compel the steamship company to keep its
contract or congress to annul it.
184 DISCOVERY OF GOLD IN OREGON.
1853 in the region south of Winchester,16 notably the
town of Roseburg, founded by Aaron Rose,17 who
purchased the claim from its locators for a horse,
and a poor one at that. A flouring mill was put in
operation in the northern part of Uinpqua Valley, and
another erected during the summer of 1851 at Win
chester.18 A saw-mill soon followed in the Rogue
River Valley,19 many of which improvements were
traceable, more or less directly, to the impetus given
to settlement by the Umpqua Company.
In passing back and forth to California, the Oregon
miners had not failed to observe that the same soil and
geological structure characterized the valleys north
of the supposed20 northern boundary of California that
16 The first house in Rogue River Valley was built at the ferry on Rogue
River established by Joel Perkins. The place was first known as Perkins'
Ferry, then Long's Ferry, and lastly as Vannoy's. The next settlement was
at the mouth of Evans creek, a tributary of Rogue River, so called from a
trader named Davis Evans, a somewhat bad character, who located there.
The third was the claim of one Bills, also of doubtful repute. Then came the
farm of N". C. Dean at Willow Springs, five miles north of Jacksonville, and
near it the claim of A. A. Skinner, who built a house in the autumn of
1851. South of Skinner's, on the road to Yreka, was the place of Stone
and Points on Wagner creek, and beyond, toward the head of the valley,
those of Dunn, Smith, Russell, Barren, and a few others. Duncan's Settle
ment, MS., 5-6. The author of this work, L. J. C. Duncan, was born in
Tennessee in 1818. He came to California in 1849, and worked in the Mari-
posa mines until the autumn of 1850, when, becoming ill, he came to Oregon
for a change of climate and more settled society. In the autumn of 1851 he
determined to try mining in the Shasta Valley, and also to secure a land claim
in the Rogue River Valley. This he did, locating on Bear or Stuart creek,
12 miles south-east of Jacksonville, where he resided from 1851 to 1858, during
which time he mined on Jackson's creek. He shared in the Indian wars which
troubled the settlements for a number of years, finally establishing himself in
Jacksonville in the practice of the law, and being elected to the office of
judge.
17 Deacbfs Hist. Or. , MS. , 72-3.
18 Or. Spectator, Feb. 10, 1852.
19 J. A. Cardwell was born in Tennessee in 1827, emigrated from Iowa to
Oregon in 1850, spent the first winter in the service of Quartermaster Ingalls
at Fort Vancouver, and started in the spring for California with 26 others to
engage in mining. After a skirmish with the Rogue River Indians and vari
ous other adventures they reached the mines at Yreka, where they worked
until the dry season forced a suspension of operations, when Cardwell, with
E. Emery, J. Emery, and David Hurley, went to the present site of Ashland
in the Rogue River Valley, and taking up a claim erected the first saw-mill
in that region early in 1852. I have derived much valuable information from
Mr Cardwell concerning southern Oregon history, which is contained in a
manuscript entitled Emir/rant Company, in Mr Cardwell's own hand, of the
incidents of the immigration of 1 850, the settlement of the Rogue River Val
ley, and the Indian wars which followed.
20 As late as 1854 the boundary was still in doubt. 'Intelligence has just
MOVEMENT OF MINERS. 185
were found in the known mining regions, and prospect
ing was carried on to a considerable extent early in
1850. In June two hundred miners were at work in
the Umpqua Valley.21 But little gold was found at
this time, and the movement was southward, to Rogue
River and Klamath. According to the best authori
ties the first discovery on any of the tributaries of the
Klamath was in the spring of 1850 at Salmon Creek.
In July discoveries were made on the main Klamath,
ten miles above the mouth of Trinity River, and in
September on Scott River. In the spring of 1851
gold was found in the Shasta Valley,22 at various places,
been receiATed from the surveying party under T. P. Robinson, county sur
veyor, who was commissioned by the governor to survey the boundary line
between California and Oregon. The party were met on the mountains by
several gentlemen of this city, whose statement can be relied on, when they
were informed by some of the gentlemen attached to the expedition, that the
disputed territory belonged to Oregon, and not California, as was generally
supposed. This territory includes two of the finest districts in the country,
Sailor's Diggings and Althouse Creek, besides some other minor places not of
much importance to either. The announcement has caused some excitement in
that neighborhood, as the miners do not like to be so suddenly transported
from California to Oregon. They have heretofore voted both in California and
Oregon, although in the former state it has caused several contested election
cases, and refused to pay taxes to either. It is also rumored around the city,
for which we will not vouch, that Yreka is iii Oregon. But we hardly think
it possible, from the observations heretofore taken by scientific men, which
brings Yreka 15 miles within the line.' Cresent City Herald, in JD. Alta
Cala., June 28, 1854.
21 8. F. Courier, July 10, 1850.
2-Iu the early summer of 1850 Gen. Lane, with a small party of Orego-
nians, viz. John Kelly, Thomas Brown, Martin Angell, Samuel and John
Simondson, and Lane's Indian servant, made a discovery on the Shasta river
near where the town of Yreka was afterward built. The Indians proving
troublesome the party removed to the diggings on the upper Sacramento, but
not finding gold as plentiful as expected set out to prospect on Pit Paver, from
which place they were driven by the Indians back to the Sacramento where
they wintered, going in February 1851 to Scott River, from which locality
Lane was recalled to the Willamette Valley to run for the office of delegate
to congress. Speaking of the Pit river tribe, Lane says: 'The Pit Paver
Indians were great thieves and murderers. They actually stole the blankets
off the men in our camp, though I kept one man on guard all the time. They
stole our best horse, tied at the head of my bed, which consisted of a blanket
spread on the ground, with my saddle for a pillow. They sent an arrow into
a miner because he happened to be rolled in his blanket so that they could
not pull it from him. They caught Driscoll when out prospecting, and were
hurrying him off into the mountains when my Indian boy gave the alarm and
I went to his rescue. He was so frightened he could neither move nor speak,
which condition of their captive impeded their progress. When I appeared
he fell down in a swoon. I pointed my gun, which rested on my six-shooter,
and ordered the Indians to leave. While they hesitated and were trying to
flank me my Indian boy brought the canoe alongside the shore, on seeing
186 DISCOVERY OF GOLD IN OREGON.
notably on Greenhorn Creek, Yreka, and Humbug
Creek.
The Oregon miners were by this time satisfied that
gold existed north of the Siskiyou range. Their ex
plorations resulted in finding the metal on Big Bar of
Rogue River, and in the canon of Josephine Creek.
Meanwhile the beautiful and richly grassed valley of
Rogue River became the paradise of packers, who
grazed their mules there, returning to Scottsburg or
the Willamette for a fresh cargo. In February 1852
one Sykes who worked on the place of A. A. Skinner
found gold on Jackson Creek, about on the west line
of the present town of Jacksonville, and soon after
two packers, Cluggage and Pool, occupying themselves
with prospecting while their animals were feeding,
discovered Rich Gulch, half a mile north of Sykes'
discovery. The wealth of these mines23 led to an
irruption from the California side of the Siskiyou, and
Willow Springs five miles north of Jacksonville,
Pleasant Creek, Applegate Creek, and many other
localities became deservedly famous, yielding well for
a number of years.
Every miner, settler, and trader in this remote in
terior region was anxious to hear from friends, home,
and of the great commercial world without. As I
have before said Thurston labored earnestly to show
congress the necessity of better mail facilities for Ore
gon,24 the benefit intended to have been conferred
which they beat a hasty retreat thinking I was about to be reenforced. Dris-
coll would never cross to the east side of the river after his adventure. ' Lane's
Autobiography, MS., 104-5.
23 Early Affairs, MS., 10; Duncan's Southern Or., MS., 5-6; DowelVs
Scrap-book, 31; Victor's Or., 334. A nugget was found in the Rogue River
diggings weighing $800 and another $1300. See accounts in S. F. Alfa,
Sept. 14, 1852; 8. F. Pac. News, March 14, 1851; and S. F. Herald, Sept.
28, 1851.
24 In October 1845 the postmaster-general advertised for proposals to carry
the United States mail from New York by Habana to the (Jhagre River and
back; with joint or separate offers to extend the transportation to Panama
and up the Pacific to the mouth of the Columbia, and thence to the Hawaiian
Islands, the senate recommending a mail route to Oregon. Between 1846
and 1848 the government thought of the plan of encouraging by subsidies the
MAIL SERVICE. 187
having been diverted almost entirely to California by
the exigencies of the larger population and business
of that state with its phenomenal growth.
The postal agent appointed at San Francisco for
the Pacific coast discharged his duty by appointing
postmasters,25 but further than sending the mails to
Oregon on sailing vessels occasionally he did nothing
for the relief of the territory.26 Not a mail steamer
appeared on the Columbia in 1849. Thurston wrote
home in December that he had been hunting up the
documents relating to the Pacific mail service, and the
reason why the steamers did not come to Astoria.
The result of his search was the discovery that the
then late secretary of the navy had agreed with
Aspinwall that if he should send the Oregon mail
and take the same, once a month, by sailing vessel,
"at or near the mouth of the Klarnath River," and
would touch at San Francisco, Monterey, and San
Diego free of cost to the government, he should not
be required to run steamers to Oregon till after re
ceiving six months' notice.27
Here were good faith and intelligence indeed! The
establishment of a line of steamers between Panama and Oregon, by way of
some port in California. At length Rowland and Aspinwall agreed to carry
the mails once a month, and to put on a line of three steamers of from 1,000
to 1,200 tons, giving cabin accommodations for about 25 passengers, as many
it was thought as would probably go at one time, the remainder of the vessel
being devoted to freight. Crosby's Statement, MS. , 3. Three steamers were
constructed under a contract with the secretary of the navy, viz. : the Cali
fornia, 1,400 tons, with a single engine of 250 horse-power, handsomely fin
ished and carrying 46 cabin and a hundred steerage passengers; the Panama
of 1,100 tons, and the Oregon of 1,200 tons, similarly built and furnished.
32d Cony., l*t Sess., 8. Doc. 50; Hon. Polynesian, April 7, 1849; Otis' Panama,
7?. /?. The California left port in the autumn of 1848, arriving at Val
paraiso on the 20th of December, seventy-four days from New York, proceed
ing thence to Callao and Panama, where passengers from New York to
Habana and Chagre were awaiting her, and reaching San Francisco on
the 28th of February 1849, where she was received with great enthusiasm.
She brought on this first trip over 12,000 letters. S. F. Alta California in
Polynesian, April 14, 1849. See also Hist. Gal. and Col. Inter Pocula, this
2i John Adair at Astoria, F. Smith at Portland, George L. Curry at Oregon
City, and J. B. McClane, at Salem. J. C. A very was postmaster at CorvaUis,
Jesse Applegate at Yoncalla, S. F. Chadwick at Scottsburg.
26 Or. Spectator, Nov. 29, 1849; Rept. of Gen. Smith, in 81st Cong., 1st
Sens., S. Doc. 47, 107.
27 Or. Spectator, April 18, 1850.
188 DISCOVERY OF GOLD IN OREGON.
then undiscovered mouth of the Klamath River for
a distributing point for the Oregon mail 1 Thurston
with characteristic energy soon procured the promise
of the secretary that the notice should be immediately
given, and that after June 1850 mail steamers should
go "not only to Nisqually, but to Astoria."23 The
postmaster-general also recommended the reduction
of the postage to California and Oregon to take effect
by the end of June 185 1.29
At length in June 1850 the steamship Carolina,
Captain R. L. Whiting, made her first trip to Port
land with mails and passengers.30 She was withdrawn
in August and placed on the Panamd route in order
to complete the semi-monthly communication called
for between that port and San Francisco. On the 1st
of September the California arrived at Astoria and
departed the same day, having lost three days in a
heavy fog off the bar. On the 27th the Panama ar
rived at Astoria, and two days later the Seagull,21 a
steam propeller. On the 24th of October the Oregon
brought up the mail for the first time, and was an
object of much interest on account of her name.32
There was no regularity in arrivals or departures
until the coming from New York of the Columbia,
28 This quotation refers to an effort on the part of certain persons to make
Nisqually the point of distribution of the mails. The proposition was sus
tained by Wilkes and Sir George Simpson. 'If they get ahead of me,' said
Thurston in his letter, ' they will rise early and work late. '
™31ist Cong., M Sess., H. Ex. Doc. 1, 408, 410. This favor also was
chiefly the result of the representations of the Oregon delegate. A single
letter from Oregon to the States cost 40 cents; from California 12^ cents,
before the reduction which made the postage uniform for the Pacific coast
and fixed it at six cents a single sheet, or double the rate in the Atlantic states.
Or. Statesman, May 9, 1851.
30 McCracken's Early Steamboatlng , MS., 7; Salem Directory, 1874, 95;
Portland Oregonian, Jan. 13, 1872. . There was an incongruity in the law
establishing the mail service, which provided for a semi-monthly mail to the
river Chagre, but only a monthly mail from Panama up the coast. Kept, of
P. M. Gen., in 31st Cong., 2d Sess., H. Ex. Doc. 1, 410; Or. Spectator, Aug.
8, 1S50.
31 The Seagull was wrecked on the Humboldt bar on her passage to Ore
gon, Feb. 26, 1852. Or. Statesman, March 2, 1852.
32 Or. Spectator, Oct. 31, 1850. The Oregon was transformed into a sail
ing vessel after many years of service, and was finally sunk in the strait of
Juan de Fuca by collision with the bark Ger mania in 1880. Her commander
when she first came to Oregon was Lieut. Charles P. Patterson of the navy.
COAST SURVEY. 189
brought out by Lieutenant G. W. Totten of the
navy, in March 1851, and afterward commanded by
William Dall.33
The Columbia supplied a great deficiency in com
munication with California and the east, though
Oregon was still forced to be content with a monthly
mail, while California had one twice a month. The
postmaster-general's direction that Astoria should be
made a distributing office was a blunder that the
delegate failed to rectify. Owing to the lack of navi
gation by steamers on the rivers, Astoria was but a
remove nearer than San Francisco, and while not
quite so inaccessible as the mouth of the Klamath,
was nearly so. When the post-routes were advertised,
no bids were offered for the Astoria route, and when
the mail for the interior was left at that place a
special effort must be made to bring it to Portland.34
Troubled by reason of this isolation, the people of
Oregon had asked over and over for increased mail
facilities, and as one of the ways of obtaining them,
and also of increasing their commercial opportunities,
had prayed congress to order a survey of the coast,
its bays and river entrances. Almost immediately
33 ' The Columbia was commenced in New York by a man named Hunt,
who lived in Astoria, under an agreement with Coffin, Lownsdale, and Chap
man, the proprietors, of Portland, to furnish a certain amount of money to
build a vessel to run between San Francisco and Astoria. Hunt went east,
and the keel of the vessel was laid in 1849, and he got her on the ways and
ready to launch when his money gave out, and the town proprietors of Port
land did not send any more. So she was sold, and Rowland and Aspinwall
bought her for this trade themselves. . .She ran regularly once a month from
San Francisco to Portland, carrying the mails and passengers.' She was very
stanclily built, of 700 tons register, would carry 50 or 60 cabin passengers,
with about as many in the steerage, and cost $150,000. N. Y. Tribune, in Or.
Spectator, Dec. 12, 1850; Demly's Hist. Or., MS., 10-11.
31 The postal agent appointed in 1851 was Nathaniel Coe, a man of high
character and scholarly attainments, as well as religious habits. He was a
native of Morristown, New Jersey, born September 11, 1788, a whig, and a
member of the Baptist church. In his earlier years he represented Alleghany
county, New York, in the state legislature. When his term of office in Oregon
expired he remained in the country, settling on the Columbia River near the
mouth of Hood River, on the eastern slope of the Cascade Mountains. 'His
mental energy was such, that neither the rapid progress of the sciences of our
time, nor his own great age of eighty, could check his habits of study. The
ripened fruits of scholarship that resulted appeared as bright as ever even
in the last weeks of his life. He died at Hood River, his residence, October
17, 1868.' Vancouver Register, Nov. 7, 1868; Dalles Mountaineer, Oct. 23, 1868.
190 DISCOVERY OF GOLD IN OREGON.
upon the organization of the territory, Professor A.
D. Bache, superintendent of the United States coast
survey, was notified that he would be expected to
commence the survey of the coast of the United
States on the Pacific. A corps of officers was se
lected and divided into two branches, one party to
conduct the duties of the service on shore, and the
other to make a hydrographical survey.
The former duty devolved upon assistant-superin
tendent, James S. Williams, Brevet-Captain D. P.
Hammond, and Joseph S. Ruth, sub-assistant. The
naval survey was conducted by Lieutenant W. P.
McArthur, in the schooner Ewing, which was com
manded by Lieutenant Washington Bartlett of the
United States navy. The time of their advent on
the coast was an unfortunate one, the spring of 1849,
when the gold excitement was at its height, prices
of labor and living extortionate, and the difficulty of
restraining men on board ship, or in any service,
excessive, the officers having to stand guard over the
men,35 or to put to sea to prevent desertions.
So many delays were experienced from these and
other causes that nothing was accomplished in 1849,
and the Ewing wintered at the Hawaiian Islands,
returning to San Francisco for her stores in the
spring, and again losing some of her men. On the
3d of April, Bartlett succeeded in getting to sea with
men enough to work the vessel, though some of these
were placed in irons on reaching the Columbia River.
The first Oregon newspaper which fell under Bart-
lett's eye contained a letter of Thurston's, in which he
reflected severely on the surveying expedition for
neglect to proceed with their duties, which was sup
plemented by censorious remarks by the editor. To
35 A mutiny occurred in which Passed Midshipman Gibson was nearly
drowned in San Francisco Bay by five of the seamen. They escaped, were
pursued, captured, and sentenced to death by a general court-martial. Two
were hanged on board the Ewing and the others on the St Mary's, a ship of
the U. S. squadron. Letter of Lieut. Bartlett, in Or. Spectator, June 27, 1850;
Lawson'sAutobiog., MS., 2; Davidson's Bioyraphy.
WORK ACCOMPLISHED. 191
these attacks Bartlett replied through the same
medium, and took occasion to reprove the Oregonians
for their lack of enterprise in failing to sustain a pilot
service at the mouth of the Columbia, which service,
since the passage of the pilotage act, had received
little encouragement or support,36 and also for giving
countenance to the desertion of his men.
The work accomplished by the Ewing during the
summer was the survey of the entrance to the Colum
bia, the designation of places for buoys to mark the
channel, of a site for a light-house on Cape Disap
pointment, and the examination of the coast south of
the Columbia. The survey showed that the " rock-
ribbed and iron-bound" shore of Oregon really was
a beach of sand from Point Adams to Cape Arago, a
distance of one hundred and sixty-five miles, only
thirty-three miles of that distance being cliffs of rock
where the ocean touched the shore. From Cape
Arago to the forty-second parallel, a distance of
eighty-five miles, rock was found to predominate,
36Capt White, a New York pilot, conceived the idea of establishing
himself and a corps of competent assistants at the mouth of the Columbia,
thereby conferring a great benefit on Oregon commerce, and presumably a
reasonable amount of reward upon himself. But his venture, like a great many
others projected from the other side of the continent, was a failure. On bring
ing his fine pilot-boat, the Wm G. Hagstaff, up the coast, in September 1849,
he attempted to enter Rogue River, but got aground on the bar, was attacked
by the Indians, and himself and associates, with their men, driven into tbe
mountains, where they wanrlered for eighteen days in terrible destitution
before reaching Fort Umpqua, at which post they received succor. The
Hagstaff was robbed and burned, her place being supplied by another boat
called the Mary Taylor. The. Pioneer, i. 3.31; Davidson's Coast Pilot, 112-
13; Williams' ti. W. Or., MS. 2. It was the neglect of the Oregonians to
make good the loss of Captain White, or a portion of it, to which Bartlett
referred. For the year during which White had charge of the bar pilot
age G9 vessels of from 60 to 650 tons crossed in all 128 times. The only loss
of a vessel in that time was that of the Josephine, loaded with lumber of the
Oregon Milling Company. She was becalmed on the bar, and a gale coming
up in the night she dragged her anchor and was carried on the sands, where
she was dismasted and abandoned. She afterward floated out to sea, being
a total loss. George Gibbs, in Or. Spectator, May 2, 1850. The pilot commis
sioners, consisting at this time of Gov. Lane and captains Couch and Crosby,
made a strong appeal in behalf of White, but he was left to bear his losses
and go whither he pleased. Johnson's Cal. and Or., 254-5; Carrol's Star of
the West, 290-5; Stevens, in Pac. £. R. Kept., i. 109, 291-2, 615-16; Poly
nesian, July 20, 1850. The merchants finally advanced the pay of pilots so
as to be remunerative, after which time little was heard about the terrors of
the Columbia bar.
192 DISCOVERY OF GOLD IN OREGON.
there being only fifteen miles of sand on this part of
the coast.37 Little attention was given to any bay or
stream north of the Umpqua, Me Arthur offering it
as his opinion that they were accessible by small boats
alone, except Yaquina, which might, he conjectured,
be entered by vessels of a larger class.
It will be remembered that the Samuel Roberts
entered the Umpqua August 6, 1850, and surveyed
the mouth of the river, and the river itself to Scotts-
burg. As the Ewing did not leave the Columbia
until the 7th, Me Arthur's survey was subsequent
to this one. He crossed the bar in the second cutter
and not in the schooner; and pronounced the channel
practicable for steamers, but dangerous for sailing
vessels, unless under favorable circumstances. Slight
examination was made of Coos Bay, an opinion being
formed from simply looking at the mouth that it would
be found available for steamers. The Coquille River
was said to be only large enough for canoes; and
Rogue River also unfit for sailing vessels, being so
narrow as to scarcely afford room to turn in. So
much for the Oregon coast. As to the Klamath,
while it had more water on the bar than any river
south of the Columbia, it was so narrow and so rapid
as to be unsafe for sailing vessels.38
This was a very unsatisfactory report for the pro
jectors of seaport towns in southern Oregon. It was
almost equally disappointing to the naval and post-
office departments of the general government, and to
the mail contractors, who were then still anxious to
avoid running their steamers to the Columbia, and
determined if possible to find a different mail route.
The recommendation of the postmaster-general at the
instance of the Oregon delegate, that they should be
required to leave the mail at Scottsburg, as I have
mentioned, induced them to make a special effort to
87 Coast Survey, 1850, 70; 8. F. Pac. News, Jan. 18, 1851.
38McArthur died in 1851 while on his way to Panama and the east. Law-
son's Autobiog., MS., 26.
PORT OXFORD ESTABLISHED. 193
found a settlement on the southern coast which would
enable them to avoid the bar of the Umpqua.
The place selected was on a small bay about eight
miles south of Cape Blanco, and a little south of Point
Orford. Orders were issued to Captain Tichenor39 of
the Seagull, which was running to Portland, to put in
at this place, previously visited by him,40 and there
leave a small colony of settlers, who were to examine
the country for a road into the interior. Accord
ingly in June 1851 the Seagull stopped at Port Or
ford, as it was named, and left there nine men, com
manded by J. M. Kirkpatrick, with the necessary stores
and arms. A four-pounder was placed in position on
the top of a high rock with one side sloping to the sea,
and which at high tide became an island by the united
waters of the ocean and a small creek which flowed
by its base.
While the steamer remained in port, the Indians,
of whom there were many in the neighborhood, ap
peared friendly. But on the second day after her
departure, about forty of them held a war-dance, dur
ing which their numbers were constantly augmented
by arrivals from the heavily wooded and hilly country
back from the shore. When a considerable force was
gathered the chief ordered an advance on the fortified
39 William Tichenor was born in Newark, N. J., June 13, 1813, his ances
tor Daniel Ticlienor being one of the original proprietors of that town. He
followed the sea, making his first voyage in 1825. In 1833 he married and
went to Indiana, but could not remain in the interior. After again making
a sea voyage he tried living in Edgar county, Illinois, where he represented
the ninth senatorial district. In 1840 he recruited two companies for the
regiment commanded by Col. E. D. Baker, whom lie afterward helped to
elect to the U. S. senate from Oregon. Tichenor came to the Pacific coast in
1849, and having mined for a short time on the American River, purchased
the schooner /. M. Ryerson, and sailed for the gulf of California, exploring
the coast to San Francisco and northward, discovering the bay spoken of
above. He finally settled at Port Orford, and was three times elected to the
lower house of the Oregon legislature, and once to the senate. He took up
the study of law and practised for 16 years, and was at one time county
judge of Curry county. Yet during all this time he never quite gave up sear
faring. Letter of Tic/tenor, in Historical Correspondence, MS.
40 Port Orford was established and owned by Capt. Tichenor, T. Butler
King, collector of the port of San Francisco, James Gamble, Fred M. Smith,
M. Hubbard, and W. G. T' Vault. Or. Statesman, Aug. 10, 18ol.
HIST. OB., VOL. II. 13
194 DISCOVERY OF GOLD IN OREGON.
rock of the settlers, who motioned them to keep back
or receive their fire. But the savages, ignorant per
haps of the use of cannon, continued to come nearer
until it became evident that a hand-to-hand conflict
would soon ensue. When one of them had seized a
musket in the hands of a settler, Kirkpatrick touched
a fire-brand to the cannon, and discharged it in the
midst of the advancing multitude, bringing several to
the ground. The men then took aim and shot six at
the first fire. Turning on those nearest with their
guns clubbed, they were able to knock down several,
and the battle was won. In fifteen minutes the
Indians had twenty killed and fifteen wounded. Of
the white men four were wounded by the arrows of
the savages which fell in a shower upon them. The
Indians were permitted to carry off their dead, and a
lull followed.
But the condition of the settlers was harassing.
They feared to leave their fortified camp to explore
for a road to the interior, and determined to await
the return of the Seagull, which was to bring an
other company from San Francisco. At the end of
five days the Indians reappeared in greater force,
and seeing the white men still in possession of their
stronghold and presenting a determined front, retired
a short distance down the coast to hold a war-dance
and work up courage. The settlers, poorly supplied
with ammunition, wished to avoid another conflict in
which they might be defeated, and taking advantage
of the temporary absence of the foe essayed to es
cape to the woods, carrying nothing but their arms.
It was a bold and desperate movement but it proved
successful. Travelling as rapidly as possible in the
almost tropical jungle of the Coast Range, and keep
ing in the forest for the first five or six miles, they
emerged at night on the beach, and by using great
caution eluded their pursuers. On coming to Coquille
River, a village of about two hundred Indians was
discovered on the bank opposite, which they avoided
THE ABANDONED SETTLEMENT. 195
by going up the stream for several miles and crossing
it on a raft. To be secure against a similar en
counter, they now kept to the woods for two days,
though by doing so they deprived themselves of the
only food, except salmon berries, which they had been
able to find. At one place they fell in with a small
band of savages whom they frightened away by charg
ing toward them. Again emerging on the beach
they lived on mussels for four days. The only as
sistance received was from the natives on Cowan
River which empties into Coos Bay. These people
were friendly, and fed and helped them on their wa\T.
On the eighth day the party reached the mouth of
the Umpqua, where they were kindly cared for by
the settlers at that place.41
When Tichenor arrived at San Francisco, he pro
ceeded to raise a party of forty men to reenforce his
settlement at Port Orford, to which he had promised
to return by the 23d of the month. The Seagull
being detained, he took passage on the Columbia,
Captain Le Roy, and arrived at Port Orford as
agreed, on the 23d, being surprised at not seeing any
of his men on shore. He immediately landed, how
ever, with Le Roy and eight others, and saw provis
ions and tools scattered over the ground, and on every
side the signs of a hard struggle. On the ground was
a diary kept by one of the party, in which the begin
ning of the first day's battle was described, leaving
off abruptly where the first Indian seized a comrade's
gun. Hence it was thought that all had been killed,
and the account first published of the affair set it
down as a massacre; a report which about one week
later was corrected by a letter from Kirkpatrick, who,
after giving a history of his adventures, concluded
41 Williams' S. W. Oregon, MS., 1-6; Alta California, June 30th and
July 25, 1851; Wills3 Wild Life, in Van Tromp's Adventures, 149-50; Arm
strong's Or., 60-4; Crane's Top. Mem., 37-40; Overland Monthly, xiv. 179-82;
Portland Bulletin, Feb. 25, 1873; Or. Spectator, July 3, 1851; Or. Statesman,
July 4th and 15, 1851; Parrish's Or. Anecdotes, MS., 41-5; Harper's Mag.,
xiii. 590-1; S. F. Herald, June 30, 1851; Id., July 15, 1851; Lawson's
Autolioy., MS., 32-3; S. F. Alta, June 30, 1851; Taylor's Spec. Press, 19.
196 DISCOVERY OF GOLD IN OREGON.
with a favorable description of the country and the
announcement that he had discovered a fine bay at
the mouth of the Cowan River.42 This important
discovery was little heeded by the founders of Port
Orford, who were bent upon establishing their settle
ment on a more southern point of the coast.
Tichenor left his California party at Port Orford
well armed and fortified and proceeded to Portland,
where he advertised to land passengers within thirty-
five miles of the Rogue River mines, having brought
up about two dozen miners from San Francisco and
landed them at Port Orford to make their way from
thence to the interior, at their own hazard. On re
turning down the coast the Columbia again touched
at Port Orford and left a party of Oregon men, so
that by August there were about seventy persons at
the new settlement. They were all well armed and
kept guard with military regularity. To some was
assigned the duty of hunting, elk, deer, and other
game being plentiful on the coast mountains, and
birds of numerous kinds inhabiting1 the woods and
O
seashore. A Whitehall boat was left for fishing and
shooting purposes. These hunting tours were also
exploring expeditions, resulting in a thorough exami
nation of the coast from the Coquille River on the
north to a little below the California line on the south,
iu which distance no better port was discovered.43
The 24th of August a party of twenty -three44 under
T'Vault set out to explore the interior. T'Vault's
experience as a pioneer was supposed to fit him for
the position of guide and Indian-fighter, a most re
sponsible office in that region of hostile savages,
42 Now called Coos, an Indian name.
43 Says Williams in his S. W. Oregon, MS., 9: 'It was upon one of these
expeditions, returning from a point where Crescent City now stands, that with
a fair wind, myself at the helm, we sailed into the beautiful Chetcoe River
which we ever pronounced the loveliest little spot upon that line of coast.'
41 1 give here the number as given by Williams, one of the company,
though it is stated to be ouly 18 by T'Vault, the leader, in Alto, California,
Oct. 14, 1851.
TTAULT'S EXPLORATION. 197
particularly as the expedition was made up of im
migrants of the previous year, with little or no
knowledge of the country, or of mountain life. Only
two of them, Williams and Lount, both young men
from Michigan, were good hunters; and on them
would depend the food supply after the ten days' ra
tions with which each man was furnished should be
exhausted.
Nothing daunted, however, they set out on horses,
and proceeded southward along the coast as far as the
mouth of Rogue River. The natives along the route
were numerous, but shy, and on being approached fled
into the woods. At Rogue River, however, they
assumed a different air, and raised their bows threat
eningly, but on seeing ge»ns levelled at them desisted.
During the march they hovered about the rear of
the party, who on camping at night selected an open
place, and after feeding their horses burned the grass
for two hundred yards around that the savages might
not have it to hide in, keeping at the same time
a double guard. Proceeding thus cautiously they
avoided collision with these savages.
When they had reached a point about fifty miles
from the ocean, on the north bank of Rogue River,
having lost their way and provisions becoming low,
some determined to turn back. T'Vault, unwilling
to abandon the adventure, offered increased pay
to such as would continue it. Accordingly nine
went on with him toward the valley, though but one
of them could be depended upon to bring in game.45
The separation took place on the 1st of September,
the advancing party proceeding up Rogue River, by
which course they were assured they could not fail
soon to reach the travelled road.
On the evening of the 9th they came upon the
45 This was Williams. The others were: Patrick Murphy, of New York;
A. S. Doherty and Gilbert Brush, of Texas; Cyrus Hedden, of Newark, N.
J.; John P. Holland, of New Hampshire; T. J. Davenport, of Massachusetts;
Jeremiah Ryan, of Maryland; J. P. Pepper, of New York. Alta California.
Got 14, 1851.
198 DISCOVERY OF GOLD IN OREGON.
head-waters of a stream flowing, it was believed, into
the ocean near Cape Blanco. They were therefore,
though designing to go south-eastwardly, actually
some distance north as well as east from Port Orford,
the nature of the country and the direction of the
ridges forcing them out of their intended course.
Finding an open country on this stream, they followed
it down some distance, and chancing to meet an Indian
boy engaged him as a guide, who brought them to the
southern branch of a river, down which they travelled,
finding the bottoms covered with a thick growth of
trees peculiar to low, moist lands. It was now deter
mined to abandon their horses, as they could advance
with difficulty, and had no longer anything to carry
which could not be dispensed with. They therefore
procured the services of some Indians with canoes
to take them to the mouth of the river, which they
found to have a beautiful valley of rich land, and to
be, after passing the junction of the two forks, about
eighty yards wide, with the tide ebbing and flowing
from two to three feet.46 On the 14th, about ten
o'clock in the morning, having descended to within a
few miles of the ocean, a member of the party, Mr
Hedden, one of those driven out of Port Orford in
Juvie, and who escaped up the coast, recognized the
stream as the Coquille River, which the previous party
had crossed on a raft. Too exhausted to navigate a
boat for themselves, and overcome by hunger, they
engaged some natives47 to take them down the river,
instead of which they were carried to a large rancheria
situated about two miles from the ocean.
Savages thronged the shore armed with bows and
arrows, long knives/8 and war-clubs, and were upon
them the moment they stepped ashore. T'Vault
46 On Coquille River, 12 miles below the north fork, is a tree with the
name ' Dennis White, 1834, ' to which some persons have attached importance.
Armstrong's Or., 65.
47 One of the Indians who paddled their canoes had with him * the identi
cal gun that James H. Eagan had broken over an Indian's head at Port Or
ford in June last.' Williams' S. W. Or., MS., 28.
48 These knives, two and two and a half feet long, were manufactured by
THRILLING INCIDENTS. 199
afterward declared that the first thing he was con
scious of was being in the river, fifteen yards from
shore and swimming. He glanced toward the village,
and saw only a horrible confusion, and heard the yells
of savage triumph mingled with the sound of blows
and the shrieks of his unfortunate comrades. At the
same instant he saw Brush in the water not far from
him and an Indian standing in a canoe striking him
on the head with a paddle, while the water around
was stained with blood.
At this juncture occurred an incident such as is
used to embellish romances, when a woman or a child
in the midst of savagery displays those feelings of
humanity common to all men. While the two white
men were struggling for their lives in the stream a
canoe shot from the opposite bank. In it standing
erect was an Indian lad, who on reaching the spot
assisted them into the canoe, handed them the paddle,
then springing into the water swam back to the shore.
They succeeded in getting to land, and stripping
themselves, crawled up the bank and into the thicket
without once standing upright. Striking southward
through the rough and briery undergrowth they hur
ried on as long as daylight lasted, and at night emerged
upon the beach, reaching Cape Blanco the following
morning, where the Indians received them kindly, and
after taking care of them for a day conveyed them to
Port Orford. T'Vault was not severely wounded, but
Brush had part of his scalp taken off by one of the
long knives. Both were suffering from famine and
bruises, and believed themselves the only survivors.49
But in about two weeks it was ascertained that
others of the party were living, namely: Williams,50
the Indians out of some band iron taken from the wreck of the Hacjstaff.
They were furnished with whalebone handles. Parrish's Or. Anecdotes, MS. , 00.
49Laiuson's Autobiog., MS., 45-G; Portland Bulletin, March 3, 1873; S. F.
Herald, Oct. 14, 1851; Ashland Tidiwjs, July 12th and 19, 1878; Portland
West Shore, May 1878.
50 The narrative of Williams is one of the most thrilling in the literature
of savage warfare. When the attack was made he had just stepped ashore
from the canoe. His first struggle was with two powerful savages for the
200 DISCOVERY OF GOLD IN OREGON.
Davenport, and Hedden, the other five having been
murdered, their companies hardly knew how.
With this signal disaster terminated the first at
tempt to reach the Rogue River Valley from Port
Orford; and thus fiercely did the reel inhabitants of
this region welcome their white brethren. The diffi
culties with the various tribes which grew out of this
and similar encounters I shall describe in the history
of the wars of 1851-3.
Soon after the failure of the T'Vault expedition
another company was fitted out to explore in a differ-
possession of his rifle, which being discharged in the contest, for a moment
gave him relief by frightening his assailants. Amidst the yells of Indians and
the cries and groans of comrades he forced his way through the infuriated
crowd with the stock of his gun, being completely surrounded, fighting in a
circle, and striking in all directions. Soon only the barrel of his gun remained
iu his hands, with which he continued to deal heavy blows as he advanced
along a piece of open ground toward the forest, receiving blows as well, one
of which felled him to the ground. Quickly recovering himself, with one
desperate plunge the living wall was broken, and he darted for the woods.
As he ran an arrow hit him between the left hip and lower ribs, penetrating
the abdomen, and bringing him to a sudden stop. Finding it impossible to
move, he drew out the shaft which broke off, leaving one joint of its length,
with the barb, in his body. So great was his excitement that after the first
sensation no pain was felt. The main party of Indians being occupied with
rifling the bodies of the slain, a race for life now set in with about a dozen of
the most persistent of his enemies. Though several times struck with arrows
he ran clown all but two who placed themselves on each side about ten feet
away shooting every instant. Despairing of escape Williams turned on them,
but while he chased one the other shot at him from behind. As if to leave
him no chance for life the suspenders of his pantaloons gave way, and being
impeded by their falling down he was forced to stop and kick them off. With
his eyes and mouth filled with blood from a wound on the head, blinded and
despairing he yet turned to enter the forest when he fell headlong. At this
the Indians rushed upon him sure of their prey; one of them who earned a
captured gun attempted to fire, but it failed. Says the narrator: 'The sick
ening sensations of the last half hour were at once dispelled when I realized
that the gun had refused to fire. I was on my feet in a moment, rifle barrel
in hand. Instead of running I stood firm, and the Indian with the rifle also
met me with it drawn by the breech. The critical moment of the whole
affair had arrived, and I knew it must be the final struggle. The first two or
three blows I failed utterly, and received some severe bruises, but fortune
was on my side, and a lucky blow given with unusual force fell upon my an
tagonist killing him almost instantly. I seized the gun, a sharp report fol
lowed, and I had the satisfaction of seeing my remaining pursuer stagger and
fall dead.' Expecting to die of his wounds Williams entered the shadow of
the woods to seek a place where he might lie down in peace. Soon afterward
he fell in with Hedden, who had escaped uninjured, and who with some
friendly Indians assisted him to reach the Umpqua, where they arrived after
six days of intense suffering from injuries, famine, and cold, and where they
found the brig Almira, Capt. Gibbs, lying, which took them to Gardiner. All
COOS BAY AND PORT ORFORD. 201
ent direction for a road to the interior,51 which was
compelled to return without effecting its object. Port
Orford, however, received the encouragement and as
sistance of government officials, including the coast
survey officers and military men,52 and throve in con
sequence. Troops were stationed there,53 and before
the close of the year the work of surveying a military
road was begun by Lieutenant Williamson, of the
topographical engineers, with an escort of dragoons
from Casey's command at Port Orford. Several fami
lies had also joined the settlement, about half a dozen
dwelling houses having been erected for their accom
modation.54 The troops were quartered in nine log
buildings half a mile from the town.55 A permanent
route to the mines was not adopted, however, until
late the following year.
Casey's command having returned to Benicia about
the 1st of December, in January following the schooner
Captain Lincoln, Naghel master, was despatched to
Port Orford from San Francisco with troops and
Williams' wounds except that in the abdomen healed readily. That dis
charged for a year. In four years the arrow-head had worked itself out, but
not until the seventh year did the broken shaft follow it. Davenport, like
Hedden, was unhurt, but wandered starving in the mountains many days
before reaching a settlement. Williams was born in Vermont, and came
to the Pacific coast in 1850. He made his home at Ashland, enjoying the
respect of his fellow-men, combining in his manner the peculiarities of the
border with those of a thorough and competent business man. Portland Went
Shor<>, June 18, 1878.
51 Or. Statesman, Nov. 4, 1851.
52 Probably stories like the following had their effect: 'Port Orford has
recently been ascertained to be one of the very best harbors on the Pacific
coast, accessible to the largest class of vessels, and situated at a convenient
intermediate point between the Umpqua and Rogue Rivers.' Rept. of Gen.
Hitchcock, in 32d Cong., 1st Sess., H. Ex. Doc. 2, 149; 8. F. Alta, July 13th
and Sept. 14, 1852.
53 Lieutenant Kautz, of the rifles, with 20 men stationed at Astoria, was
ordered to Port Orford in August, at the instance of Tichenor, where a post
was to be established for the protection of the miners in Rogue River Valley,
which was represented to be but 35 miles distant from this place. After the
massacre on the Coquille, Col. Casey, of the 2d infantry, was despatched from
San Francisco with portions of three dragoon companies, arriving at Port
Orford on the 22d of October.
54 Saint Amant, 41-2, 144; Or. Statesman, Dec. 16, 1851.
'*32d Cong., 2d Sess., H. Ex. Doc. 1, pt. ii. 105-6; S. F. Herald, Nov.
8, 1852.
202 DISCOVERY OF GOLD IN OREGON.
stores under Lieutenant Stanton. The weather being
foul she missed the harbor and went ashore on a
sand spit two miles north of the entrance to Coos
Bay. The passengers and cargo were safely landed
on the beach, where shelter was obtained under sails
stretched on booms and spars. Thus exposed, annoyed
by high winds and drifting sands, and by the thiev
ing propensities of the natives, Stanton was forced to
remain four months. An effort was made to explore
a trail to Port Orford by means of which pack-trains
could be sent to their relief. Twelve dragoons were
assigned to this service, with orders to wait at Port
Orford for despatches from San Francisco in answer
to his own, which, as the mail steamers avoided that
place after hearing of the wreck of the schooner, did
not arrive until settled weather in March. Quarter
master Miller replied to Stanton by taking passage
for Port Orford on the Columbia under a special ar
rangement to stop at that port. But the steamer's
captain being unacquainted with the coast, and hav
ing nearly made the mistake of attempting to enter
Rogue River, proceeded to the Columbia, and it was
not until the 12th of April that Miller reached his
destination. He brought a train of twenty mules
from Port Orford, the route proving a most harass
ing one, over slippery mountain spurs, through dense
forests obstructed with fallen timber, across several
rivers, besides sand dunes and marshes, four days
being consumed in marching fifty miles.
On reaching Camp Castaway, Miller proceeded to
the Umpqua, where he found and chartered the
schooner Nassau, which was brought around into
Coos Bay, being the first vessel to enter that harbor.
Wagons had been shipped by the quartermaster to
the Umpqua by the brig Fawn. The mules were
sent to haul them down the beach by what proved to
be a good road, and the stores being loaded into them
were transported across two miles of sand to the west
shore of the bay and placed on board the Nassau, in
YAQUINA BAY. 203
which they were taken to Port Orford,56 arriving the
2 Oth of May.
The knowledge of the country obtained in these
forced expeditions, added to the exploration of the
Coquille Vail j by road-hunters in the previous
autumn, and by the military expedition of Casey to
punish the Coquilles, of which I shall speak in an
other place, was the means of attracting attention to
the advantages of this portion of Oregon for settle
ment. A chart of Coos Bay entrance was made by
Naghel, which was sufficiently correct for sailing pur
poses, and the harbor was favorably reported upon by
Miller.57
On the 28th of January the schooner Juliet, Cap
tain Collins, was driven ashore near Yaquina Bay,
the crew and passengers being compelled to remain
upon the stormy coast until by aid of an Indian mes
senger horses could be brought from the Willamette
to transport them to that more hospitable region.58
While Collins was detained, which was until the latter
part of March, he occupied a portion of his time in
exploring Yaquina Bay, finding it navigable for ves
sels drawing from six to eight feet of water; but the
entrance was a bad one. In the bay were found oysters
and clams, while the adjacent land was deemed excel
lent. Thus by accident59 as well as effort the secrets
of the coast country were brought to light, and
66 The Nassau was wrecked at the entrance to the Umpqua a few months
later. Or. Statesman, Sept. 18, 1852. From 1850 to 1852 five vessels were
lost at this place, the Bostonian, Nassau, Almira, OrcMlla,axid Caleb Curies,
67 82d Cong., 2d Sew., U. S. Ex. Doc. 1, pt. ii. 103-9.
58 Dr McLoughlin, Hugh Burns, W. C. Griswold, and W. H. Barnhart
responded to the appeal of the shipwrecked, and furnished the means of their
rescue from suffering. Or. Statesman, March 2d and April 6, 1852.
59 Of marine disasters there seem to have been a great number in 1851-2,
The most appalling was of the steam propeller General Warren, Captain
Charles Thompson, which stranded on Clatsop spit, after passing out of the
Columbia, Jan. 28, 1852. The steamer was found to be leaking badly, and
being put about could not make the river again. She broke up almost imme
diately after striking the sands, and by daylight next morning there was only
enough left of the wreck to afford standing room for her passengers and crew.
A boat, the only one remaining, was despatched in charge of the bar pilot to
204 DISCOVERY OF GOLD IN OREGON.
although the immigration of 1851 was not more than
a third as much as that of the previous year, there
were people enough running to and fro, looking for
new enterprises, to impart an interest to each fresh
revelation of the resources of the territory.
Astoria for assistance. On its return nothing could be found but some float
ing fragments of the vessel. Not a life was saved of the 52 persons on board.
Or. Statesman, Feb. 10th and 24, 1852; Id., March 9, 1852; Swan'* N. W.
Coast, 259; Portland Oregonian, Feb. 7, 1852; S. F. Alta, Feb. 16, 1852.
CHAPTER VII.
INDIAN AFFAIRS.
1851.
POLITICS — ELECTION or A DELEGATE — EXTINGUISHMENT OF INDIAN TITLES —
INDIAN SUPERINTENDENTS AND AGENTS APPOINTED — KINDNESS or THE
GREAT FATHER AT WASHINGTON — APPROPRIATIONS OF CONGRESS —
FRAUDS ARISING FROM THE SYSTEM — EASY EXPENDITURE OF GOVERN
MENT MONEY — UNPOPULARITY OF HUMAN SYMPATHY — EFFICIENCY OF
SUPERINTENDENT DART — THIRTEEN TREATIES EFFECTED — LANE AMONG
THE ROGUE RIVER INDIANS AND IN THE MINES — DIVERS OUTRAGES
AND RETALIATIONS — MILITARY AFFAIRS — ROGUE RIVER WAR — THE
STRONGHOLD — BATTLE OF TABLE ROCK — DEATH OF STUART — KEARNEY'S
PRISONERS.
LANE was not a skilful politician and finished orator
like Thurston, though he had much natural ability,1
and had the latter been alive, notwithstanding his
many misdeeds, Lane could not so easily have secured
the election as delegate to congress. It was a per
sonal rather than a party matter,2 though a party spirit
developed rapidly after Lane's nomination, chiefly be
cause a majority of the people were democrats/ and
1 ' Gen. Lane is a man of a high order of original genius. He is not self-
made, but God-made. He was educated nowhere. Nobody but a man of
superior natural capacity, without education, could have maintained himself
among men from early youth as he did.' Graver's Pub. Life, MS., 81. We
may hereby infer the idea intended to be conveyed, however ill-fitting the
words.
2 Says W. W. Buck: 'Before 1851 there were no nominations made. In
1851 they organized into political parties as whigs and democrats. Before
that men of prominence would think of some one, and go to him and find out
if he would serve. The knowledge of the movement would spread, and the
foremost candidate get elected, while others ran scattering.' Enter prints.,
TVTC! 1 O
MS., 13.
3 Jesse Applegate, who had been mentioned as suitable for the place,
wrote to the Spectator March 14th: 'The people of the southern frontier, of
which I am one, owe to Gov. Lane a debt of gratitude too strong for party
prejudices to cancel, and too great for time to erase. . .Rifle in hand he gal-
(205)
206 INDIAN AFFAIRS.
their favorites, Thurston and Lane, were democrats,
while the administration was whig and not in sym
pathy with them.
The movement for Lane began in February, the
earliest intimation of it appearing in the Spectator of
March 6th, after which he was nominated in a public
meeting at Lafayette. Lane himself did not appear
on the ground until the last of April, and the news
of Thurston 's death arriving within a few days, Lane's
name was immediately put forward by every journal
in the territory. But he was not, for all that, with
out an opponent. The mission party nominated W.
H. Willson, who from a whaling-ship cooper and lay
Methodist had come to be called doctor and been
given places of trust. His supporters were the de
fenders of that part of Thurston's policy which was
generally condemned. There was nothing of conse
quence at issue however, and as Lane was facile of
tongue4 and clap-trap, he was elected by a majority
of 1,832 with 2,917 votes cast.5 As soon as the returns
were all in, Lane set out again for the mines, where he
was just in time to be of service to the settlers of
Rogue River Valley.
Immediately upon the passage of an act by congress,
extinguishing Indian titles west of the Cascade Moun
tains in 1850, the president appointed superintendent
of Indian affairs, Anson Dart of Wisconsin, who ar
rived early in October, accompanied by P. C. Dart,
his secretary. Three Indian agents were appointed
lantly braved the floods and storms of winter to save our property, wives, and
daughters from the rapine of a lawless soldiery,' which statement, howsoever
it pictures public sentiment, smacks somewhat of the usual electioneering
exaggeration.
* ' He had a particularly happy faculty for what we would call domestic
electioneering. He did not make speeches, but would go around and talk with
families. They used to tell this story about him, and I think it is true, that
what he got at one place, in the way of seeds or choice articles, he distributed
at the next place. He brought these, with candies, and always kissed the
children.' Strong's Hint. Or., MS., 41.
5 Lane's Autobiography, MS., 62; Or. Spectator, July 4, 1851; Amer. Al
manac, 1852, 223; Tribune Almanac, 1852, 51; Overland Monthly, i. 37.
SUPERINTENDENT AND AGENTS. 207
at the same time, namely : A. Gr. Henry of Illinois,6
H. H. Spalding, and Elias Wampole. Dart's instruc
tions from the commissioner, under date of July 20,
1850, were in general, to govern himself by the in
structions furnished to Lane as ex-officio superintend
ent,7 to be modified according to circumstances. The
number of agents and subagents appointed had been
in accordance with the recommendation of Lane, and
to the information contained in Lane's report he was
requested to give particular attention, as well as to
the suppression of the liquor traffic, and the enforce
ment of the penalties provided in the intercourse act
of 1834, and also as amended in 1847, making one or
two years' imprisonment a punishment for furnishing
Indians with intoxicating drink.8 A feature of the
instructions, showing Thurston's hand in this matter,
was the order not to purchase goods from the Hud
son's Bay Company for distribution among the Indians,
but that they be purchased of American merchants,
and the Indians taught that it was from the American
government they received such benefits. It was also
forbidden in the instructions that the company should
have trading posts within the limits of United States
territory,9 the superintendent being required to pro
ceed with them in accordance with the terms of the
act regulating intercourse with the Indians.
6Thurston, who was mnch opposed to appointing men from the east, wrote
to Oregon: ' Dr Henry of Illinois was appointed Indian agent, held on to it
a while, drew $750 under the pretence of going to Oregon, and then resigned,
leaving the government minus that sum. Upon his resigning Mr Simeon
Francis was nominated, first giving assurance that he would leave for Oregon,
but instead of doing so he is at home in Illinois.' Or. Spectator, April 10, 1851.
1 31st Cony., 1st Xess., S. Doc. 52, 1-7, 154-80.
8 It should be here mentioned, in justice toThurston, that when the Indian
bill was under consideration by the congressional committees, it was brought to
his notice by the commissioner, that while Lane had given much information on
the number and condition of the Indians, the number of agents necessary, the
amount of money necessary for agency buildings, agents, expenses, and presents
to the Indians, he had neglected to state what tribes should be bought out,
the extent of their territory, what would be a fair price for the lands, to
what place they should be removed, and whether such lands were vacant.
Thurston furnished this information according to his conception of right, and
had the bill framed for the extinguishment of titles in that part of Oregon,
which was rapidly filling up with white settlers. See Letter of Orlando Brown,
Commissioner, in Or. Spectator, Oct. 31, 1850.
9 3 1st Cony., 2d Sens., H. Ex. Doc. 1, 149.
208 INDIAN AFFAIRS.
As to the attitude of government toward the
Indians there was the usual political twaddle. An
important object to be aimed at, the commissioner
said, was the reconciling of differences between tribes.
Civilized people may fight, but not savages. The
Indians should be urged to engage in agricultural
pursuits, to raise grain, vegetables, and stock of all
lands; and to encourage them, small premiums might
be offered for the greatest quantity of produce, or
number of cattle and other farm animals. With
regard to missionaries among the Indians, they were
to be encouraged without reference to denomination,
and left free to use the best means of christianizing.
The sum of twenty thousand dollars was advanced to
the superintendent, of which five thousand was to be
applied to the erection of houses for the accommoda
tion of himself and agents, four thousand for his own
residence, and the remainder for temporary buildings
to be used by the agents before becoming permanently
established. The remainder was for presents and
provisions.
There were further appointed for Oregon three
commissioners to make treaties with the Indians,
John P. Gaines, governor, Alonzo A. Skinner, and
Beverly S. Allen; the last received his commission
the 12th of August and arrived in Oregon in the early
part of February 1851. The instructions were gen
eral, the department being ignorant of the territory,
except that it extended from the 42d to the 49th
parallel, and was included between the Cascade
Mountains and the Pacific Ocean. The object of the
government it was said was to extinguish the Indian
titles, and remove the complaint of the settlers that
they could acquire no perfect titles to their claims
before the Indians had been quieted. They \vere ad
vised therefore to treat first with the Indians in the
Willamette Valley, and with each tribe separately.10
10 'The maximum price given for Indian lands has been ten cents per acre,
but this has been for small quantities of great value from their contiguity to
LAND TITLES. 209
They were to fix upon an amount of money to be
paid, and agree upon an annuity not to exceed five
per cent of the whole amount. It was also advised
that money be not employed, but that articles of use
should be substituted; and the natives be urged to
accept such things as would assist them in becoming
farmers and mechanics, and to secure medical aid
and education. If any money remained after so pro
viding it might be expended for goods to be delivered
annually in the Indian country. The sum of twenty
thousand dollars was to be applied to these objects;
fifteen thousand to be placed at the disposal of Gov
ernor Gaines, at the sub-treasury, San Francisco, and
to be accounted for by vouchers; and five thousand
to be invested in goods and sent round Cape Horn
for distribution among the Indians. The commis
sioners were allowed mileage for themselves and
secretary at the rate of ten cents a mile, together
with salaries of eight dollars a day during service for
each of the commissioners, and five dollars for the
secretary. They were also to have as many interpret
ers and assistants as they might deem necessary, at
a proper compensation, and their travelling expenses
paid.11
Such was the flattering prospect under which the
Indian agency business opened in Oregon. Truly, a
government must have faith in its servants to place
such temptations in their way. Frauds innumerable
were the result; from five hundred to five thousand
dollars would be paid to the politicians to secure an
agency, the returns from which investment, with
hundreds per cent profit, must be made by systematic
peculations and pilferings, so that not one quarter of
the moneys appropriated on behalf of the Indians
the States; and it is merely mentioned to show that some important consider
ation has always been involved when so large a price has been given. It is
not for a moment to be supposed that any such consideration can be involved
in any purchases to be made by you, and it is supposed a very small portion
of that price will be required.' A. S. Loughery, Acting Commissioner, in 31st
Cong., 2d Sess., H. Ex. Doc. 1, 147.
11 31st Cong., 2d Sets., H. Ex. Doc. 1, 145-51; Hayes' Scraps, iv. 9-10.
HIST. OR., VOL. II. 14
210 INDIAN AFFAIRS.
would be expended for their benefit. Perhaps the
public conscience was soothed by this show of justice,
as pretentious as it was hollow, and the emptiness of
which was patent to every one; but it would have
been in as good taste, and far more manly and honest,
to have shot down the aboriginals and seized their
lands without these hypocrisies and stealings, as was
frequently done.
Often the people were worse than the government
or its agents, so that there was little inducement for
the latter to be honest. In the present instance the
commissioners were far more just and humane than
the settlers themselves. It is true they entered upon
their duties in April 1851 with a pomp and circum
stance in no wise in keeping with the simple habits
of the Oregon settlers; with interpreters, clerks, com
missaries, and a retinue of servants they established
themselves atChampoeg, to which place agents brought
the so-called chiefs of the wretched tribes of the Wil
lamette; but they displayed a heart and a humanity
in their efforts which did them honor. Of the San-
tiam band of the Calapooyas they purchased a portion
of the valley eighty miles in length by twenty in
breadth; of the Tualatin branch of the same nation
a tract of country fifty miles by thirty in extent,
these lands being among the best in the valley, and
already settled upon by white men. The number of
Indians of both sexes and all ages making a claim to
this extent of territory was in the former instance
one hundred and fifty-five and in the latter sixty-
five.
The commissioners were unable to induce the Cala
pooyas to remove east of the Cascade mountains, as
had been the intention of the government, their refusal
resting upon reluctance to leave the graves of their
ancestors, and ignorance of the means of procuring a
livelihood in any country but their own. To these
representations Gaines and his associates lent a sym
pathizing ear, and allowed the Indians to select reser-
TREATIES. 211
vations within the valley of tracts of land of a few
miles in extent situated upon the lower slopes of the
Cascade and Coast ranges, where game, roots, and
berries could be procured with ease.12
As to the instructions of the commissioner at Wash
ington, it was not possible to carry them out. Schools
the Indians refused to have; and from their experi
ence of them and their effects on the young I am
quite sure the savages were right. Only a few of
the Tualatin band would consent to receive farming
utensils, not wishing to have habits of labor forced
upon them with their annuities. They were anxious
also to be paid in cash, consenting reluctantly to ac
cept a portion of their annuities in clothing and pro
visions.
In May four other treaties were concluded with the
Luckiamute, Calapooyas, and Molallas, the territory
thus secured to civilization comprising about half the
Willamette Valley.13 The upper and lower Molallas
received forty-two thousand dollars, payable in twenty
annual instalments, about one third to be in cash and
the remainder in goods, with a present on the ratifica
tion of the treaties of a few rifles and horses for the
head men. Like the Calapooyas they steadily refused
to devote any portion of their annuities to educational
purposes, the general sentiment of these western Ind
ians being that they had but a little time to live, and
it was useless to trouble themselves about education,
a sentiment not wholly Indian, since it kept Europe
in darkness for a thousand years.14
12 No mention is made of the price paid for these lands, nor have I seen
these treaties in print.
13 This is the report of the commissioners, though the description of the
lands purchased is different in the Spectator of May 15, 1851, where it is said
that the purchase included all the east side of the valley to the head-waters
of the Willamette.
14 The native eloquence, touched and made pathetic by the despondency of
the natives, being quoted in public by the commissioners, subjected them to
the ridicule of the anti-administration journal, as for instance: fcln this city
Judge Skinner spent days, and for aught we know, weeks, in interpreting
Slacum's jargon speeches, while Gaines, swelling with consequence, pronounced
them more eloquent than the orations of Demosthenes or Cicero, and peddled
212 INDIAN AFFAIRS.
In order to give the Indians the reservations they
desired it was necessary to include some tracts claimed
by settlers, which would either have to be vacated,
the government paying for their improvements, or the
settlers compelled to live among the Indians, an alter
native not likely to commend itself to either the set
tlers or the government.
A careful summing-up of the report of the commis
sioners showed that they had simply agreed to pay
annuities to the Indians for twenty years, to make
them presents, and to build them nouses, while the
Indians still occupied lands of their own choosing in
portions of the valley already being settled by white
people, and that they refused to accept teachers, either
religious or secular, or to cultivate the ground. By
these terms all the hopeful themes of the commissioner
at Washington fell to the ground. And yet the gov
ernment was begged to ratify the treaties, because
failure to do so would add to the distrust already felt
by the Indians from their frequent disappointments,
and make any further negotiations difficult.15
About the time the last of the six treaties was
concluded information was received that congress, by
act of the 27th of February, had abolished all special
Indian commissions, and transferred to the superin
tendent the power to make treaties. All but three
hundred dollars of the twenty thousand appropriated
under the advice of Thurston for this branch of the
service had been expended by Gaines in five weeks of
absurd magnificence at Champoeg, the paltry remain
der being handed over to Superintendent Dart, who
received no pay for the extra service with which to
defray the expense of making further treaties. Thus
ended the first essay of congress to settle the question
of title to Indian lands.
them about the town. . .This ridiculous farce made the actors the laughing
stock of the boys, and even of the Indians. ' Or. Statesman, Nov. 6, 1852.
u Report of Commissioners, in 32d Cong., 1st Sess., H. Ex. Doc. 2, pt.
iii. 471.
ANSON DAET. 213
Dart did not find his office a sinecure. The area of
the country over which his superintendency extended
was so great that, even with the aid of more agents,
little could be accomplished in a season, six months of
the year only admitting of travel in the unsettled por-
lons of the territory. To add to his embarrassment,
the three agents appointed had left him almost alone
to perform the duty which should have been divided
among several assistants,16 the pay offered to agents
being so small as to be despised by men of character
and ability who had their living to earn
About the 1st of June 1851 Dart set out to visit
the Indians east of the Cascade Mountains, who since
the close of the Cayuse war had maintained a friendly
attitude, but who hearing that it was the design to
send the western Indians among them were becominc,
uneasy. Their opposition to having the sickly and
degraded Willamette natives in their midst was equal
to that of the white people. Neither were they will
ing to come to any arrangement by which they' would
be compelled to quit the country which each tribe for
f called its own. Dart promised them just treat
ment, and that they should receive pay for their lands
Having selected a site for an agency" building on the
Uinatffia he proceeded to Waiilatpu and Lapwai, as
instructed, to determine the losses sustained by the
Presbyterians, according to the instructions of gov
ernment.17
of Astoria, had been appointed subagent, but decline I then Sill J f i
214 INDIAN AFFAIRS.
The Cayuses expressed satisfaction that the United
States cherished no hatred toward them for their past
misdeeds, and received assurances of fair treatment
in the future, sealed with a feast upon a fat ox. At
Lapwai the same promises were given and ceremonies
observed. The only thing worthy of remark that I
find in the report of Dart's visit to eastern Oregon
is the fact mentioned that the Cayuses had dwindled
from their former greatness to be the most insignifi
cant tribe in the upper country, there being left but
one hundred and twenty-six, of whom thirty-eight
only were men; and the great expense attending his
visit,18 the results of which were not what the govern
ment expected, if indeed any body knew what was
expected. The government was hardly prepared to
purchase the whole Oregon territory, even at the
minimum price of three cents an acre, and it was
dangerous policy holding out the promise of some
thing not likely to be performed.
As to the Presbyterian mission claims, if the board
had been paid what it cost to have its property ap
praised, it would have been all it was entitled to, and
particularly since each station could hold a section of
land under the organic act. And as to the claims of pri
vate individuals for property destroyed by the Cayuses,
these Indians not being in receipt of annuities out of
which the claims could be taken, there was no way in
which they could be collected. Neither was the
agency erected of any benefit to the Indians, because
the agent, Wampole, soon violated the law, was re
moved, and the agency closed.
18 There were 1 1 persons in Dart's party — himself and secretary, 2 inter
preters, drawing together $11 a day; 2 carpenters, $12; 3 packers, $15; 2
cooks, $6. The secretary received $5 a day, making the wages of the party
$r>0 daily at the start, in addition to the superintendent's salary. Transpor
tation to The Dalles cost $400. At The Dalles another man with 20 horses
was hired at $15 a day, and 2 wagons with oxen at $12; the passage from
Portland to Umatilla costing $1,500 besides subsistence. And this was only
the beginning of expenses. The lumber for the agency building at Umatilla
had to be carried forty miles at an enormous cost; the beef which feasted the
Cayuses cost $80, and other things in proportion. 32d Cong., 1st Sess., H. Ex.
Doc. 2, pt. iii.
A RIGHTEOUS JUDGE. 215
Concerning that part of his instructions to encour
age missionaries as teachers among the Indians, Dart
had little to say; for which reason, or in revenge for
his dismissal, Spalding represented that no American
teachers, but only Catholics and foreigners were given
permission to enter the Indian country.19 But as his
name was appended to all the treaties made while he
was agent, with one exception, he must have been as
guilty as any of excluding American teachers. The
truth was that Dart promised the Indians of eastern
Oregon that they should not be disturbed in their
religious practices, but have such teachers as they pre
ferred.20 This to the sectarian Protestant mind was
simply atrocious, though it seemed only politic and
just to the unbiassed understanding of the superin
tendent.
With regard to that part of his instructions relating
to suppressing the establishments of the Hudson's
Bay Company in Oregon, he informed the commis
sioner that he found the company to have rights which
prompted him to call the attention of the government
to the subject before he attempted to interfere with
them, and suggested the propriety of purchasing those
rights instead of proceeding against British traders
as criminals, the only accusation that could be brought
against them being that they sold better goods to the
Indians for less money than American traders.
And concerning the intercourse act prohibiting the
sale of intoxicating liquors to the natives, Dart re
marked that although a good deal of liquor was con-
19 This charge being deemed inimical to the administration, the President
denied it in a letter to the Philadelphia Daily Sun, April 1852. The^ matter
is referred to in the Or. Statesman, June 15th and July 3, 1852. See also
Home Missionary, vol. Ixxxiv. 276.
20 In 1852 a Catholic priest, E. C. Chirouse, settled on a piece of land at
Walla Walla, making a claim under the act of congress establishing the terri
torial government of Washington. He failed to make his final proof according
to law, and the notification of his intentions was not filed till I860, when
Archbishop Blanchet made a notification; but it appeared that whatever title
there was, was in Chirouse. He relinquished it to the U. S. in 18G2, but it was
then too late for the Catholic church to set up a claim, and the archbishop's
notification was not allowed. Portland Oregonian, March 16, 1872.
216 INDIAN AFFAIRS.
sumed in Oregon, in some localities the Indians used
less in proportion than any others in the United
States, and referred to the difficulty of obtaining
evidence against liquor sellers on account of the law
of Oregon excluding colored witnesses. He also gave
it as his opinion that except the Shoshones and Rogue
River Indians the aborigines of Oregon were more
peaceable than any of the uncivilized tribes, but that
to keep in check these savages troops were indispen
sable, recommending that a company be stationed in
the Shoshone country to protect the next year's im
migration.21 Altogether Dart seems to have been a
fair and reasonable man/ who discharged his duty under
unfavorable circumstances with promptness and good
sense.
21 Eighteen thousand dollars worth of property was stolen by the Shoshonea
in 1851; many white men were killed, and more wounded. Hutchison Clark,
of Illinois, was driving, in advance of his company, with his mothe*-, sister,
and a young brother in the family carriage near Raft River 40 miles west of
Fort Hall, when the party was attacked, his mother and brother killed, and
Miss Grace Clark, after being outraged and shot through the body and wrist,
was thrown over a precipice to die. She alighted on a bank of sand which
broke the force of the fall. The savages then rolled stones over after her,
some of which struck and wounded her, notwithstanding all of which she
survived and reached Oregon alive. She was married afterward to a Mr
Vandervert, and settled on the coast branch of the Willamette. She died
Feb. 20, 1875. When the train came up and discovered the bloody deed and
that the Indians had driven off over twenty valuable horses, a company was
formed, led by Charles Clark, to follow and chastise them. These were driven
back, however, with a loss of one killed and one wounded. A brother of this
Clark family named Thomas had emigrated in 1848, and was awaiting the
arrival of his friends when the outrages occurred. Or. Statesman, Sept. 23,
1851. The same band killed Mr Miller, from Virginia, and seriously wounded
his daughter. They killed Jackson, a brother-in-law of Miller, at the same
time, and attacked a train of twenty wagons, led by Harpool, being repulsed
with some loss. Other parties were attacked at different points, and many
persons wounded. Or. Spectator, Sept. 2, 1851; Barnes' Or. and CaL, MS.,
26. Raymond, superintendent at Fort Hall, said that 31 emigrants had been
shot by the Shoshones and their allies the Bannacks. Or. Statesman, Dec. 9,
1851; S. F. Alta, Sept. 28, 1851. The residents of the country were at a loss
to account for these outrages, so bold on the part of the savages, and so
injurious to the white people. It was said that the decline of the fur- trade
compelled the Indians to robbery, and that they willingly availed themselves
of an opportunity not only to make good their losses, but to be avenged for
any wrongs, real or imaginary, which they had ever suffered at the hands of
white men. A more obvious reason might be found in the withdrawal of the
influence wielded over them by the Hudson's Bay Company, who being now
under United States and Oregon law was forbidden to furnish ammunition,
and was no longer esteemed among the Indians who had nothing to gain by
obedience. Some of the emigrants professed to believe the Indian hostili
ties directly due to Mormon influence. David Newsome of the immigration
MORE PROMISES. 217
On returning from eastern Oregon, Dart visited
the mouth of. the Columbia in company with two of
his agents, and made treaties with the Indians on
both sides of the river, the tract purchased extending
from the Chehalis River on the north to the Yaqui-
na Bay on the south; and from the ocean on the
west, to above the mouth of the Cowlitz River. For
this territory the sum of ninety-one thousand three
hundred dollars was promised, to be paid in ten yearly
instalments, in clothing, provisions, and other neces
sary articles. Reservations were made on Clatsop
Point, and Woody and Cathlamet islands; and one
was made at Shoalwater Bay, conditioned upon the
majority of the Indians removing to that place within
one year, in which case they would be provided with
a manual labor school, a lumber and flouring mill, and
a farmer and blacksmith to instruct them in agricul
ture and the smith's art.
Other treaties were made during the summer and
autumn. TheClackamas tribe, numbering eighty-eight
persons, nineteen of whom were men, was promised
an annuity of two thousand five hundred dollars for
a period of ten years, five hundred in money, and the
remainder in food and clothing.22 The natives of the
south-western coast also agreed to cede a territory
extending from the Coquille River to the southern
boundary of Oregon, and from the Pacific Ocean
of 1851 says: 'Every murder, theft, and raid upon us from Fort Laramie to
Grande Rondo we could trace to Mormon influences and plans. I recorded
very many instances of thefts, robberies, and murders on the journey in my
journal.' Portland West Shore, Feb. 1876. I find no ground whatever for this
assertion. But whatever the cause, they were an alarming feature of the time,
and called for government interference. Hence a petition to congress in the
memorial of the legislature for troops to be stationed at the several posts
selected in 1849 or at other points upon the road; and of a demand of Lane's,
that the rifle regiment should be returned to Oregon to keep the Indians in
check. 32d Cong., 1st Ses*., Cong. Globe, 1851-2, i. 507. When Superintend
ent Dart was in the Nez Perce" country that tribe complained of the depreda
tions of the Shoshones, and wished to go to war. Dart, however, exacted a
promise to wait a year, and if then the IJnited States had not redressed their
wrongs, they should be left at liberty to go against their enemies. If the Nez
Percys had been allowed to punish the Shoshones it would have saved the
lives of many innocent persons and a large amount of government money.
22 Or. Statesman, Aug. 19, 1851; Or. Spectator, Dec. 2, 1851.
218 INDIAN AFFAIRS.
to a line drawn fifty miles east, eighty miles in
length, covering an area of two and a half million
acres, most of which was mountainous and heavily
timbered, with a few small valleys on the coast and
in the interior,23 for the sum of twenty-eight thou
sand five hundred dollars, payable in ten annual in
stalments, no part of which was to be paid in money.
Thirteen treaties in all were concluded with different
tribes, by the superintendent, for a quantity of land
amounting to six million acres, at an average cost of
not over three cents an acre.24
In November Dart left Oregon for Washington,
taking with him the several treaties for ratification,
and to provide for carrying them out.
The demand for the office of an Indian agent in
western Oregon began in 18 49, or as soon as the Ind
ians learned that white men might be expected to
travel through their country with horses, provisions,
and property of various kinds, which they might be de
sirous to have. The trade in horses was good in the
mines of California, and Cayuse stock was purchased
and driven there by Oregon traders, who made a large
profit.25 Many miners also returned from California
overland, and in doing so had frequent encounters with
Indians, generally at the crossing of Rogue River.'"6
The ferrying at this place was performed in canoes,
made for the occasion, and which, when used and left,
were stolen by the Indians to compel the next party
to make another, the delay affording opportunity for
2d Cong., 1st Sess., H. Ex. Doc. 2, pt. iii. 483.
24 After his return from his expedition east of the Cascade Range, Dart
seemed to have practised an economy which was probably greatly suggested
by the strictures of the democratic press upon the proceedings of the previous
commission. 'All the expense,' he says, referring to the Coquille country,
' of making these treaties, adding the salaries of the officers of government,
while thus engaged, would make the cost of the land less than one cent and
a half per acre.' 32d Co?ig., 1st Sess., II. Ex. Doc. 2, pt. iii. And in the
California Courier he says the total cost of negotiating the whole thirteen
treaties was, including travelling expenses, about $3,000. Or. Statesman,
Report, Dec. 9, 1861.
25 Honolulu Friend, Aug. 24, 1850.
26 Hancock's Thirteen Years, MS.; Johnson's Cal. and Or., 121-2, 133.
LANE AT ROGUE RIVER. 219
falling on them should they prove unwary. After
several companies had been attacked the miners turned
upon the Indians and became the assailants. And to
stop the stealing of canoes, left for the convenience of
those in the rear, some miners concealed themselves
and lay in wait for the thieves, who when thev en-
v *J
tered the canoe were shot. However beneficial this
may have been for the protection of the ferry it did
not mend matters in a general way. If the Indians
had at first been instigated simply by a desire for
plunder,27 they had now gained from the retaliation
of the Americans another motive — revenge.
In the spring of 1850 a party of miners, who had
collected a considerable sum in gold-dust in the placers
of California and were returning home, reached the
Rogue River, crossing one day, toward sunset, and
encamped about Rock Point. They did not keep a
very careful watch, and a sudden attack caused them
to run to cover, while the Indians plundered the camp
of everything of value, including the bags of gold-
dust. But one man, who had his treasure on his per
son, escaped being robbed.
It was to settle with these rogues for this and like
transactions that Lane set out in May or June 1850
to visit southern Oregon, as before mentioned. The
party consisted of fifteen white men, and the same
number of Klickitats, under their chief Quatley, the
determined enemy of the Rogue River people. Quat
ley was told what was expected of him, which was
not to fight unless it become necesary, but to assist
in making a treaty. They overtook on the way some
cattle-drivers going to California, who travelled with
27 Barnes' Or. and Gal., MS., 13. Says Lane, speaking of the chief at
Rogue River, over whom he obtained a strong influence: 'Joe told me that
the first time he shed white blood, he, with another Indian, discovered late
in the afternoon two whites on horseback passing through their country. At
first they thought these might be men intending some mischief to their people,
but having watched them to their camp and seen them build their fire for the
night, they conceived the idea of murdering them for the sake of the horses
and luggage. This they did, taking their scalps. After that they always
killed any whites they could for the sake of plunder.' Autobiography, MS.,
220 INDIAN AFFAIRS.
them, glad of an escort. All were well mounted, with
plenty of provisions on pack-horses, and well armed.
They proceeded leisurely, and stopped to hunt and
dry venison in the valley of Grave Creek. About
the middle of June they arrived at Rogue River, and
encamped near the Indian villages, Lane sending
word to the principal chief that he* had come to talk
with him and his people, and to make a treaty of
peace and friendship. To this message the chief re
turned answer that he would come in two days with
all his people, unarmed, as Lane stipulated.
Accordingly, the two principal chiefs and about
seventy-five warriors came and crossed to the south
side, where Lane's company were encamped. A
circle was formed, Lane and the chiefs standing inside
the ring. But before the conference began a second
band, as large as the first, and fully armed with bows
and arrows, began descending a neighboring hill upon
the camp. Lane told Quatley to come inside the
ring, and stand, with two or three of his Indians,
beside the head Rogue River chief. The new-comers
were ordered to lay down their arms and be seated,
and the business of the council proceeded, Lane keep
ing a sharp lookout, and exchanging significant glances
with Quatley and his party. The occasion of the
visit was then fully explained to the people of Rogue
River; they were reminded of their uniform conduct
toward white men, of their murders and robberies,
and were told that hereafter white people must travel
through their country in safety; that their laws had
been extended over all that region, and if obeyed
every one could live in peace; and that if the Indians
behaved well compensation would be made them for
their lands that might be settled upon, and an agent
sent to see that they had justice.
Following Lane's speech, the Rogue River chief
addressed, in loud, deliberate tones, his people, when
presently they all rose and raised the war-cry, and
those who had arms displayed them. Lane told Quat-,
A HOSTILE CONFERENCE. 221
ley to hold fast the head chief, whom he had already
seized, and ordering his men not to fire, he sprang
with revolver in hand into the line of the traitors and
knocked up their guns, commanding them to be
seated and lay down their arms. As the chief was a
prisoner, and Quatley held a knife at his throat, they
were constrained to obey. The captive chief, who
had not counted upon this prompt action, and whose
brothers had previously disposed themselves among
their people to be ready for action, finding his situa
tion critical, told them to do as the white chief had
said. After a brief consultation they rose again,
being ordered by the chief to retire and not to return
for two days, when they should come in a friendly
manner to another council. The Indians then took
their departure, sullen and humiliated, leaving their
chief a prisoner in the hands of the white men, by
whom he was secured in such a manner that he could
not escape.
Lane used the two days to impress upon the mind
of the savage that he had better accept the offered
friendship, and again gave him the promise of govern-
ment^ aid if he should make and observe a treaty
allowing white men to pass safely through the coun
try, to mine in the vicinity, and to settle in the Eogue
River Valley.23 By the time his people returned, he
had become convinced that this was his best course,
and advised them to accept the terms offered, and live
in peace, which was finally agreed to. But the gold-
dust of the Oregon party they had robbed in the spring
was gone past all reclaim, as they had, without know
ing its^ value, poured it all into the river, at a point
where it was impossible to recover it. Some property
of no value was given up; and thus was made the first
28 ' The morning after the chief had been made a prisoner his old wife (he
had several others, but said he only loved his first wife) came very cautiously
to the bank of the river opposite, and asked to come over and stay with
her chief; that she did not wish to be free while he was a prisoner. She
was told to come and stay, and was kindly treated.' Lane's Autobiography,
222 INDIAN AFFAIRS.
treaty with this tribe, a treaty which was observed
with passable fidelity for about a year.29
The treaty concluded, Lane gave the Indians slips
of paper stating the fact, arid warning white men to
do them no injury. These papers, bearing his signa
ture, became a talisman among these Indians, who on
approaching a white man would hold one of them out
exclaiming, " Jo Lane, Jo Lane," the only English
words they knew. On taking leave the chief, whose
name hereafter by consent of Lane was to be Jo, pre
sented his friend with a boy slave from the Modoc
tribe, who accompanied him to the Shasta mines to
which he now proceeded, the time when his resig
nation was to take effect having passed. Here he
dug gold, and dodged Indian arrows like any common
miner until the spring of 1851, when he was recalled
to Oregon.
so
The gold discoveries of 1850 in the Klamath Val
ley caused an exodus of Oregonians thither early in
the following year; and notwithstanding Lane's treaty
with Chief Jo, great vigilance was required to pre
vent hostile encounters with his tribe as well as with
that of the Umpqua Valley south of the canon.31 It
29 Like many another old soldier Lane loved to boast of his exploits. 'He
asked the interpreter the name of the white chief,' says the general, 'and re
quested me to come to him as he wanted to talk. As I walked up to him he
said, " Mika name Jo Lane?" I said, " Nawitka," which is " Yes." He said,
" I want you to give me your name, for," said he, {i I have seen no man like
you. " I told the interpreter to say to him that I would give him half my
name, but not all; that he should be called Jo. He was much pleased, and to
the day of his death he was known as Jo. At his request I named his wife,
calling her Sally. They had a son and a daughter, a lad of fourteen, the girl
being about sixteen. She was quite a young queen in her manner and bear
ing, and for an Indian quite pretty. I named the boy Ben, and the girl
Mary.' Lane's Autobiography, MS., 9(>-8.
30 Sacramento Transcript, Jan. 14, 1851. Lane had his adventures in the
mines, some of which are well told in his Autobiography. While on Pit
River, his Modoc boy, whom he named John, and who from being kindly
treated became a devoted servant, was the means of saving his life and that
of an Oregonian named Driscoll. pp. 88-108.
81 Card well, in his Emigrant Company, MS., 2-11, gives a history of his
personal experience in travelling through and residing in Southern Oregon in
1851 with 27 others. The Cow-creek Indians followed and annoyed them for
some distance, when finally one of them was shot and wounded in the act of
taking a horse from camp. At Grave creek, in Rogue River Valley, three
UPRISING OF THE MINERS. 223
soon became evident that Jo, even if he were honestly
intentioned, could not keep the peace, the annoying
and often threatening demonstrations of his people
leading to occasional overt acts on the part of the
miners, a circumstance likely to be construed by the
Indians as sufficient provocation to further and more
pronounced hostility.
Some time in May a young man named Dilley was
treacherously murdered by two Rogue River Indians,
who, professing to be friendly, were travelling and
camping with three white men. They rose in the
night, took Dilley's gun, the only one in the party,
shot him while sleeping, and made off with the horses
and property, the other two men fleeing back to a
company in the rear. On hearing of it thirty men
of Shasta formed a company, headed by one Long,
marched over the Siskiyou, and coming upon a band
at the crossing of Rogue River, killed a sub-chief and
one other Indian, took two warriors and two daughters
of another chief prisoners, and held them as hostages
for the delivery of the murderers of Dilley. The chief
refused to give up the guilty Indians, but threatened
instead to send a strong party to destroy Long's corn-
Indians pretending to be friendly offered to show his party where gold could
be found on the surface of the ground, telling their story so artfully that
cross-questioning of the three separately did not show any contradiction in
their statements, and the party consented to follow these guides. On a plain,
subsequently known as Harris flat, the wagons stopped and 1 1 men were left
to guard them, while the rest of the company kept on with the Indians. They
were led some distance up Applegate creek, where on examining the bars fine
gold was found, but none of the promised nuggets. When the men began
prospecting the stream the Indians collected on the sides of the hills above
them, yelling and rolling stones down the descent. The miners, however,
continued to examine the bars up the stream, a part of them standing guard
rifle in hand; working in this manner two days and encamping in open ground
at night. On the evening of the second day their tormentors withdrew in
that mysterious manner which precedes an attack, and Card well's party fled
in haste through the favoring dai'kness relieved by a late moon, across the
ridge to Rogue River. At Perkins' ferry, just established, they found Chief
Jo, who was rather ostentatiously protecting this first white settlement.
While breakfasting a pursuing party of Indians rode up within a short dis
tance of camp where they were stopped by the presented rifles of the white
men. Jo called this a hunting party and assured the miners they should not
be molested in passing through the country; on which explanation and
promise word was sent to the wagon train, and the company proceeded across
the Siskiyou Mountains to Shasta flat, where they discovered good mines on
the 12th of March.
224 INDIAN AFFAIRS.
pany, which remained at the crossing awaiting events.82
It does not appear that Long's party was attacked,
but several unsuspecting companies suffered in their
stead. These attacks were made chiefly at one place
some distance south of the ferry where Long and his
men encamped.33 The alarm spread throughout the
southern valleys, and a petition was forwarded to
Governor Gaines from the settlers in the Umpqua
for permission to raise a company of volunteers to
fight the Indians. The governor decided to look over
the field before granting leave to the citizens to fight,
and repaired in person to the scene of the reported
hostilities.
The Spectator, which was understood to lean toward
Gaines and the administration, as opposed to the
Statesman and democracy, referring to the petition
remarked that leave had been asked to march into
the Indian country and slay the savages wherever
found; that the prejudice against Indians was very
strong in the mines and daily increasing; and that no
doubt this petition had been sent to the governor to
secure his sanction to bringing a claim against the
government for the expenses of another Indian war.
One of Thurston's measures had been the removal
82 Or. Statesman, June 20, 1851; Or. Spectator, June 19, 1851.
83 On the 1st of June 26 men were attacked at the same place, and an
Indian was killed in the skirmish. On the 2d four men were set upon in this
camp and robbed of their horses and property, but escaped alive to Perkins'
ferry; and on the same day a pack-train belonging to one Nichols was robbed
of a number of animals with their packs, one of the men being wounded in the
heel by a ball. Two other parties were attacked on the same day, one of
which lost four men. On the 3d of June McBride and 31 others were attacked
in camp south of Rogue River. A. Richardson, of San Jose", California, James
Barlow, Captain Turpin, Jesse Dodson and son, Aaron Payne, Dillard Hoi-
man, Jesse Runnels, Presley Lovelady, and Richard Sparks of Oregon were
in the company and were commended for bravery. Or. Statesman, June 20,
1851. There were but 17 guns in the party, while the Indians numbered over
200, having about the same number of guns besides their bows and arrows,
and were led by a chief known as Chucklehead. The attack was made at
daybreak, and the battle lasted four hours and a half, when Chucklehead being
killed the Indians withdrew. It was believed that the Rogue River people lost
several killed and wounded. None of the white men were seriously hurt, owing
to the bad firing of the Indians, not yet used to guns, not to mention their
station on the top of a hill. Three horses, a mule, and $1,500 worth of other
property and gold-dust were taken by the Indians.
REMOVAL OF SOLDIERS. 225
from the territory of the United States troops, which
after years of private and legislative appeal were at
an enormous expense finally stationed at the different
posts according to the desire of the people. He rep
resented to congress that so far from being a blessing
they were really a curse to the country, which would
gladly be rid of them. To his constituents he said
that the cost of maintaining the rifle regiment was
four hundred thousand dollars a year. He proposed
as a substitute to persuade congress to furnish a good
supply of arms, ammunition, and military stores to
Oregon, and authorize the governor to call out volun
teers when needed, both as a saving to the govern
ment and a means of profit t6 the territory, a part of
the plan being to expend one hundred thousand dollars
saved in goods for the Indians, which should be pur
chased only of American merchants in Oregon.
Thurston's plan had been carried out so far as re
moving the rifle regiment was concerned, which in
the month of April began to depart in divisions for
California, and thence to Jefferson Barracks;34 leav
ing on the 1st of June, when Major Kearney began
his march southward with the last division, only
two skeleton companies of artillerymen to take charge
of the government property at Steilacoom, Astoria,
Vancouver, and The Dalles. He moved slowly, ex
amining the country for military stations, and the
best route for a military road which should avoid the
Umpqua canon. On arriving at Yoncalla,35 Kearney
84 Brackets U. S. Cavalry, 129; Or. Spectator, April 10, 1851; Or. States
man, May 30, 1851; 32d Cong., 1st Sess., H. Ex. Doc. 2, pt. i. 144-53.
35 Yoncalla is a compound of yonc, eagle, and calla or calla-calla, bird or
fowl, in the Indian dialect. It was applied as a name to a conspicuous butte
in the Umpqua Valley, at the foot of which Jesse Applegate made his home,
a large and hospitable mansion, now going to ruin. Applegate agreed to
assist Kearney only in case of a better route than the canon road being dis
covered, his men should put it in condition to be travelled by the immigra
tion that year, to which Kearney consented, and a detachment of 28 men,
under Lieutenant Williamson, accompanied by Levi Scott -as well as Apple-
gate, began the reconnoissance about the 10th of June, the main body of
Kearney's command travelling the old road. It was almost with satisfaction
that Applegate and Scott found that no better route than the one they
opened in 1846 could be discovered, since it removed the reproach of their
HIST. OR., VOL. II. 16
226 INDIAN AFFAIRS.
consulted with Jesse Applegate, whom he prevailed
upon to assist in the exploration of the country east
of the canon, in which they were engaged when the
Indian war began in Rogue River Valley.
The exploring party had proceeded as far as this
pass when they learned from a settler at the north
end of the canon, one Knott, of the hostilities, and
that the Indians were gathered at Table Rock, an
almost impregnable position about twenty miles east
of the ferry on Rogue River.36 On this information
Kearney, with a detachment of twenty-eight men,
took up the march for the Indian stronghold with the
design of dislodging them. A heavy rain had swollen
the streams and impeded his progress, and it was not
until the morning of the 17th of June that he reached
Rogue River at a point five miles distant from Table
Rock. While looking for a ford indications of Ind
ians in the vicinity were discovered, and Kearney
hoped to be able to surprise them. He ordered the
command to fasten their sabres to their saddles to
prevent noise, and divided his force, a part under
Captain Walker crossing to the south side of the
river to intercept any fugitives, while the remainder
under Captain James Stuart kept upon the north side.
Stuart soon came upon the Indians who were pre
pared for battle. Dismounting his men, who in their
haste left their sabres tied to their saddles, Stuart
made a dash upon the enemy. They met him with
equal courage. A brief struggle took place in which
eleven Indians were killed and several wounded.
Stuart himself was matched against a powerful war
rior, who had been struck more than once without
enemies that they were to blame for not finding a better one at that time.
None other has ever been found, though Applogate himself expected when
with Kearney to be able to get a road saving 40 miles of travel. Ewald, in
Or. Statesman, July 22, 1851.
36 Table Rock is a flat-topped mountain overhanging Rogue River. Using
the rock as a watch-tower, the Indians in perfect security had a large extent
of country and a long line of road under their observation, and could deter
mine the strength of any passing company of travellers and their place of
encampment, before sallying forth to the attack. Or. Statesman, July 22, 1851.
BATTLE OF ROGUE RIVER. 227
meeting his death. As the captain approached, the
savage, though prostrate, let fly an arrow which
pierced him through, lodging in the kidneys, of which
wound he died the day after the battle.37 Captain
Peck was also wounded severely, and one of the
troops slightly.
The Indians, who were found to be in large num
bers, retreated upon their stronghold, and Kearney
also fell back to wait for the coming- up of lieuten
ants Williamson and Irvine with a detachment, and
the volunteer companies hastily gathered among the
miners.38 Camp was made at the mouth of a tribu
tary of Rogue River, entering a few miles below Table
Rock, which was named Stuart creek after the dying
captain. It was not till the 23d that the Indians
were again engaged. A skirmish occurred in the
morning, and a four hours' battle in the afternoon of
that day. The Indians were stationed in a densely
wooded hummock, which gave them the advantage in
point of position, while in the matter of arms the
3T Brackett, in his U. S. Cavalry, calls this officer 'the excellent and be
loved Captain James Stuart.' The nature of the wound caused excruciating
pain, but his great regret was that after passing unharmed through six hard
battles in Mexico he should die in the wilderness at the hands of an Indian.
It is doubtful, however, if death on a Mexican battle-field would have brought
with it a more lasting renown. Stuart Creek on which he was interred— camp
being made over his grave to obliterate it — and the warm place kept for him
in the hearts of Oregonians will perpetuate his memory. CardwelVs Emigrant
Company, MS., 14; Or. Statesman, July 8, 1851; S. F. Alta, July 16, 1851;
State Ri<jhts Democrat, Dec. 15th and 22, 1876.
38 Card well relates that his company were returning from Josephine creek —
named after a daughter of Kirby who founded Kirbyville — on their way to
Yreka, when they met Applegate at the ferry on Rogue River, who suggested
that it ' would be proper enough to assist the government troops and Lamer-
ick's volunteers to clean out the Indians in Rogue River Valley .' Thirty men
upon this suggestion went to Willow Springs on the 16th, upon the under
standing that Kearney would make an attack next day near the mouth of
Stuart's creek, when it was thought the Indians would move in this direction,
and the volunteers could engage them until the troops came up. 'At day
light the following morning,' says Card well, ' we heard the firing commence.
It was kept up quite briskly for about fifteen minutes. There was a terrible
yelling and crying by the Indians, and howling of dogs during the battle. '
Emigrant Company, MS., 12; Crane's Top. Mem., MS., 40. The names of
Applegate, Scott, Boone, T'Vault, Armstrong, Blanchard, and Colonel Tranor
from California, are mentioned in Lane's correspondence in the Or. Statesman
July 22, 1851, as ready to assist the troops. I suppose this to be James W.
Tranor, formerly of the New Orleans press, 'an adventurous pioneer and
brilliant newspaper writer,' who was afterward killed by Indians while cross
ing Pit River. Oakland Transcript, Dec. 7, 1872.
228 INDIAN AFFAIRS.
troops were better furnished. In these battles the
savages again suffered severely, and on the other
side several were wounded but none killed.
While these events were in progress both Gaines
and Lane were on their way to the scene of action.
The governor's position was not an enviable one.
Scarcely were the riflemen beyond the Willamette when
he was forced to write the president representing the
imprudence of withdrawing the troops at this time, no
provision having been made by the legislature for or
ganizing the militia of the territory, or for meeting in
any way the emergency evidently arising.39 The re
ply which in due time he received was that the rifle
regiment had been withdrawn, first because its services
were needed on the frontier of Mexico and Texas,
and secondly because the Oregon delegate had as
sured the department that its presence in Oregon was
not needed. In answer to the governor's suggestion
that a post should be established in southern Oregon,
the secretary gave it as his opinion that the com
manding officer in California should order a recon-
noissance in that part of the country, with a view to
selecting a proper site for such a post without loss of
time. But with regard to troops, there were none
that could be sent to Oregon; nor could they, if put
en route at that time, it being already September,
reach there in time to meet the emergency. The
secretary therefore suggested that companies of militia
might be organized, which could be mustered into ser
vice for short periods, and used in conjunction with
the regular troops in the pursuit of Indians, or as the
exigencies of the service demanded.
Meanwhile Gaines, deprived entirely of military sup
port, endeavored to raise a volunteer company at Yon-
calla to escort him over the dangerous portion of the
route to Rogue River; but most of the men of Ump-
qua, having either gone to the mines or to reenforce
39 32d Cong., 1st Sess., If. Ex. Doc. 2, pt. i. 145; Or. Spectator, Aug. 12,
1851.
ACTION OF THE GOVERNOR. 229
Kearney, this was a difficult undertaking, detaining him
so that it was the last of the month before he reached
his destination. Lane having already started south
to look after his mining property before quitting Ore
gon for Washington arrived at the Umpqua canon
on the 21st, where he was met by a party going north,
from whom he obtained the news of the battle of the
17th and the results, with the information that more
fighting was expected. Hastening forward with his
party of about forty men he arrived at the foot of the
Rogue River mountains on the night of the 22d,
where he learned from an express rider that Kearney
had by that time left camp on Stuart creek with the
intention of making a night march in order to strike
the Indians at daybreak of the 23d.
He set out to join Kearney, but after a hard day's
ride, being unsuccessful, proceeded next morning to
Camp Stuart with the hope of learning something of
the movements of Kearney's command. That evening
Scott and T'Vault came to camp with a small party,
for supplies, and Lane returned with them to the
army, riding from nine o'clock in the evening to two
o'clock in the morning, and being heartily welcomed
both by Kearney and the volunteers.
Early on the 25th, the command moved back down
the river to overtake the Indians, who had escaped
during the night, and crossing the river seven miles
above the ferry found the trail leading up Sardine
creek, which being followed brought them up with the
fugitives, one of whom was killed, while the others
scattered through the woods like a covey of quail in
the grass. Two days were spent in pursuing and
taking prisoners the women and children, the men
escaping. On the 27th the army scoured the country
from the ferry to Table Rock, returning in the even
ing to Camp Stuart, when the campaign was consid
ered as closed. Fifty Indians had been killed and
thirty prisoners taken, while the loss to the white
warriors, since the first battle, was a few wounded.
230 INDIAN AFFAIRS.
The Indians had at the first been proudly defiant,
Chief Jo boasting that he had a thousand warriors,
and could keep that number of arrows in the air con
tinually. But their pride had suffered a fall which
left them apparently humbled. They complained to
Lane, whom they recognized, talking across the river
in stentorian tones, that white men had come on
horses in great numbers, invading every portion of
their country. They were afraid, they said, to lie
down to sleep lest the strangers should be upon them.
They wearied of war and wanted peace.40 There was
truth as well as oratorical effect in their harangues,
for just at this time their sleep was indeed insecure;
but it was not taken into account by them that they
had given white men this feeling of insecurity of
which they complained.
Now that the fighting was over Kearney was
anxious to resume his march toward California, but
was embarrassed with the charge of prisoners. The
governor had not yet arrived; the superintendent of
Indian affairs was a great distance off in another part
of the territory; there was no place where they could
be confined in Rogue River valley, nor did he know
of any means of sending them to Oregon City. But
he was determined not to release them until they had
consented to a treaty of peace. Sooner than do that
he would take them with him to California and send
them back to Oregon by sea. Indeed he had pro
ceeded with them to within twenty -five miles of Shasta
Butte, a mining town afterward named Yreka,41 when
Lane, who when his services were no longer needed
in the field had continued his journey to Shasta
Valley, again came to his relief by offering to escort
the prisoners to Oregon City whither he was about
to return, or to deliver them to the governor or super-
40 Letter of Lane, in Or. Statesman, July 22, 1851. >
41 It is said that the Indians called Mount Shasta Yee-ka, and that the
miners having caught something of Spanish orthography and pronunciation
changed it to Yreka; hence Shasta Butte city became Yreka. E. Steele, ill
Or. Council, Jour. 1857-8, app. 44.
THE GAINES TREATY. 231
intendent of Indian affairs wherever he might find
them. Lieutenant Irvine,42 from whom Lane learned
Kearney's predicament, carried Lane's proposition
to the major, and the prisoners were at once sent to
his care, escorted by Captain Walker. Lane's party*3
set out immediately for the north, and on the 7th of
July delivered their charge to Governor Gaines, who
had arrived at the ferry, where he was encamped
with fifteen men waiting for his interpreters to bring
the Rogue River chiefs to a council, his success in
which undertaking was greatly due to his possession
of their families. Lane then hastened to Oregon City
to embark for the national capital, having added much
to his reputation with the people by his readiness of
action in this first Indian war west of the Cascade
Mountains, as well as in the prompt arrest of the
deserting riflemen in the spring of 1850. To do, to
do quickly, and generally to do the thing pleasing to
the people, of whom he always seemed to be thinking,
was natural and easy for him, and in this lay the secret
of his popularity.
When Gaines arrived at Rogue River he found
Kearney had gone, not a trooper in the country, and
the Indians scattered. He made an attempt to col
lect them for a council, and succeeded, as I have inti
mated, by means of the prisoners Lane brought him,
in inducing about one hundred, among whom were
eleven head men, to agree to a peace. By the terms
of the treaty, which was altogether informal, his com
mission having been withdrawn, the Indians placed
42 Irvine, who was with Williamson on a topographical expedition, had an
adventure before he was well out of the Shasta country with two Indians and
a Frenchman who took him prisoner, bound him to a tree, and inflicted some
tortures upon him. The Frenchman who was using the Indians for his own
purposes finally sent them away on some pretence, and taking the watch and
valuables belonging to Irvine sat down by the camp-fire to count his spoil.
While thus engaged the lieutenant succeeded in freeing himself from his
bonds, and rushing upon the fellow struck him senseless for a moment. On
recovering himself the Frenchman struggled desperately with his former
prisoner but was finally killed and Irvine escaped. Or. Statesman, Aug. 5,
1851.
43 Among Lane's company were Daniel Waldo, Hunter, and Rust of Ken
tucky, and Simonson of Indiana.
232 INDIAN AFFAIRS.
themselves under the jurisdiction and protection of
the United States, and agreed to restore all the prop
erty stolen at any time from white persons, in return
for which promises of good behavior they received
back their wives and children and any property taken
from them. There was nothing in the treaty to pre
vent the Indians, as soon as they were reunited to
their families, from resuming their hostilities; and
indeed it was well known that there were two parties
amongst them — one in favor of war and the other
opposed to it, but the majority for it. Though so
severely punished, the head chief of the war party re
fused to treat with Kearney, and challenged him to
further combat, after the battle of the 23d. It was
quite natural therefore that the governor should
qualify his belief that they would observe the treaty,
provided an efficient agent and a small military force
could be sent among them. And it was no less nat
ural that the miners and settlers should doubt the
keeping of the compact, and believe in a peace pro
cured by the rifle.
CHAPTER VIII.
PLAUSIBLE PACIFICATION.
1851-1852.
OFFICERS AND INDIAN AGENTS AT PORT ORFORD — ATTITUDE OF THE Co-
QUILLES — U. S. TROOPS ORDERED OUT — SOLDIERS AS INDIAN-FIGHTERS —
THE SAVAGES TOO MUCH FOR THEM— SOMETHING OF SCARFACE AND
THE SHASTAS— STEELE SECURES A CONFERENCE — ACTION OF SUPERIN
TENDENT SKINNER — MUCH ADO ABOUT NOTHING — SOME FIGHTING — AN
INSECURE PEACE — MORE TROOPS ORDERED TO VANCOUVER.
GENERAL HITCHCOCK, commanding the Pacific di
vision at Benicia, California, on hearing Kearny's ac
count of affairs between the Indians and the miners,
made a visit to Oregon; and having been persuaded
that Port Orford was the proper point for a garrison,
transferred Lieutenant Kautz and his company of
twenty men from Astoria, where the governor had
declared they were of no use, to Port Orford, where
he afterward complained they were worth no more.
At the same time the superintendent of Indian affairs,
with agents Parrish and Spalding, repaired to the
southern coast to treat if possible with its people.
They took passage on the propeller Seagull, from
Portland, on the 12th of September, 1851, T'Vault's
party being at that time in the mountains looking for
a road. The Seagull arrived at Port Orford on the
14th, two days before T'Vault and Brush were re
turned to that place, naked and stiff with wounds, by
the charitable natives of Cape Blanco.
The twofold policy of the United States made it
the duty of the superintendent to notice the murderous
(233)
234 PLAUSIBLE PACIFICATION.
conduct of the Coquilles. As Dart had come to
treat, he did not wish to appear as an avenger; neither
did he feel secure as conciliator. It was at length
decided to employ the Cape Blanco native, who under
took to ascertain the whereabouts, alive or dead, of
the seven men still missing of the T'Vault party.
This he did by sending two women of his tribe to the
Coquille River, where the killing of five, and probable
escape of the rest, was ascertained. The women in
terred the mangled bodies in the sand.
The attitude of the 'Coquilles was not assuring.
To treat with them while they harbored murderers
would not do; and how to make them give them up
without calling on the military puzzled the superin
tendent. Finally Parrish, whose residence among
the Clatsops had given him some knowledge of the
coast tribes, undertook to secure hostages, but failed.1
Dart returned to Portland about the 1st of October,
leaving his interpreter with Kautz.
Between the visits of Governor Gaines to Rogue
River and Dart to Port Orford, disturbances had
been resumed in the former region. Gaines had
agreed upon a mutual restitution of property or of its
value, which was found not to work well, the miners
being as much dissatisfied as the Indians. From this
reason, and because the majority of the Rogue River
natives were not parties to the treaty, not many weeks
had elapsed after Gaines returned to Oregon City
before depredations were resumed. A settler's cabin
was broken into on Grave Creek, and some travellers
were fired on from ambush;2 rumors of which reach-
'ing the superintendent before leaving the Willamette,
he sent a messenger to request the Rogue River
chiefs to meet him at Port Orford. Ignorance of
Indian ways, unpardonable in a superintendent, could
alone have caused so great a blunder. Not only did
they refuse thus to go into their neighbor's territory,
1 Or. Anecdotes, MS., 58-61.
8 Or. Statesman, Sept. 2, 9, 16, and 30, 1851.
AFFAIRS AT PORT ORFORD. 235
but made the request an excuse for further disturb
ances.3 Again, there were white men in this region
who killed and robbed white men, charging their
crimes4 upon the savages. Indian Agent Skinner held
conferences with several bands at Rogue River, all of
whom professed friendship and accepted presents;5
in which better frame of mind I will leave them and
return to affairs at Port Orford.
When intelligence of the massacre on the Coquille
was received at division headquarters in California,
punishment was deemed necessary, and as I have be
fore mentioned, a military force was transferred to
the Port Orford station. The troops, commanded by
Lieutenant-colonel Casey of the 2d infantry, were
portions of companies E and A, 1st dragoons dis
mounted, lieutenants Thomas Wright and George
Stoneman, and company C with their horses. The
dismounted men arrived at Port Orford October 22d,
and the mounted men by the next steamer, five days
later. On the 31st the three companies set out for
the mouth of the Coquille, arriving at their destina
tion November 3d, Colonel Casey and Lieutenant
Stanton leading the mounted men, with Brush, a sur
vivor of the massacre, as guide, and a few stragglers.
The Coquilles were bold and brave. One of them
meeting Wright away from camp attempted to wrest
from him his rifle, and was shot by that officer for his
temerity. On the 5th the savages assembled on the
3 Two drovers, Moffat and Evans, taking a herd of swine to the Shasta
mines, encamped with two others near the foot of the Siskiyou Mountains,
their hogs eating the acorns used as food by the natives, who demanded a hog
in payment. One of them pointed his gun at a pig as if to shoot, whereupon
•m «- /v» i i -I • • i 1 1 • 1 ill 1 • 1 • 5i 1 J_ 1 ' _ T J T !
, giving
and the Indians exchanged shots, wounds being received on both sides.
Moffat was from Philadelphia, where he had a family. Or. Statesman, Nov.
11 and 25, 1851; Or. Spectator, Jan. 6, 1852.
4 There was at this time on the southern border of Oregon an organized
band of desperadoes, white men, half-breeds, and Indians, who were the
terror of the miners. See Popular Tribunals, this series, passim.
bU. S. Sen. Doc., 32d cong. 2d sess., i. 453.
236 PLAUSIBLE PACIFICATION.
north bank to the number of one hundred and fifty,
and by their gesticulations challenged the troops to
battle. The soldiers fired across the river, the Co-
quilles returning the fire with the guns taken from
T' Vault's party ; 6 but no damage was done. Construct
ing a raft, the main body crossed to the north side
on the 7th in a cold drenching rain, while Stanton
proceeded up the south side, ready to cooperate with
Casey when the Indians, who had now retreated up
the stream, should be found. It was soon ascertained
that a campaign on the Coquille was no trifling matter.
The savages were nowhere to be found in force, hav
ing fled toward head waters, or a favorable ambush.
Marching in order was not to be thought of; and
after several days of wading through morasses, climb
ing hills, and forcing a way among the undergrowth
by day and sleeping under a single wet blanket at
night, the order to retreat was given. Nothing had
been met with on the route but deserted villages,
which were invariably destroyed, together with the
winter's store of provisions — a noble revenge on inno
cent women and children, who must starve in conse
quence. Returning to the mouth of the river, Casey
sent to Port Orford For boats to be brought overland,
on the arrival of which the campaign was recom
menced on a different plan.
In three small boats were crowded sixty men, in
such a manner that their arms could not be used; and
so they proceeded up the river for four days, finding
no enemy. At the forks, the current being strong,
the troops encamped. It was now the 20th of No
vember, and the weather very inclement. On the
21st Casey detailed Stoneman to proceed up the south
branch with one boat and fourteen men ; while Wright
6 T'Vault says there were eight rifles, one musket, one double-barrelled pis
tol, one Sharp's patent 36 shooting-rifle, one Colt's six-shooter, one brace hol
ster pistols, with ammunition, and some blankets. Here were fourteen shoot
ing-arms, many of them repeating, yet the party could not defend themselves
on account of the suddenness and manner of the attack. Or. Statesman, Oct.
7, 1851.
FIGHT WITH THE COQUILLES. 237
with, a similar force ascended the north branch, look
ing for Indians. After advancing six or eight miles,
Stoneman discovered the enemy in force on both banks.
A few shots were fired, and the party returned and
reported. In the course of the afternoon Wright also
returned, having been about eighteen miles up the
north branch without finding any foe. On the 22d
the whole command set out toward the Indian camp
on the south branch, taking only two boats, with five
men in each, the troops marching up the right bank
to within half a mile of the point aimed at, when
Stoneman crossed to the left bank with one company,
and the march was resumed in silence, the boats con
tinuing to ascend with equal caution. The Indians
were found assembled at the junction. When the
boats were within a hundred and fifty yards of them
the savages opened fire with guns and arrows. Wright
then made a dash to the river bank, and with yells
drove the savages into concealment. Meanwhile
Stoneman was busy picking off certain of the enemy
stationed on the bank to prevent a landing.
The engagement lasted only about twenty minutes,
and the Coquilles had now scampered into the woods,
where it would be useless to attempt to follow them.
Fifteen were killed and many appeared to be wounded.
Their lodges and provisions were burned, while their
canoes were carried away. Casey, who was with
Wright on the north bank, joined in the fighting with
enthusiasm, telling the men to take good aim and not
throw away shots.7
The troops returned to the mouth of the river,
where they remained for a few days, and then marched
back to Port Orford, and took passage on the Colum
bia for San Francisco, where they arrived on the 12th
7 The above details are mostly from the letter of a private soldier, written
to his brother in the east. Before the letter was finished the writer was
drowned in the Sixes River near Cape Blanco, while riding express from Port
Orford to Lieut. Stoneman 's camp at the mouth of the Coquille. The letter
was published in the Alto, California, Dec. 14, 1851. It agrees with other
but less particular accounts, in the 8. F. Herald of Dec. 4, 1851, and Or. States
man, Dec. 16 and 30, 1851. See also Davidson's Coast Pilot, 119.
238 PLAUSIBLE PACIFICATION.
of December.8 This expedition cost the government
some twenty-five thousand dollars/ and resulted in
killing a dozen or more Indians, which coming after the
late friendly professions of Indian Agent Parrish, did
not tend to confidence in the promises of the govern
ment, or increase the safety of the settlers.10
I have told how Stanton returned to Oregon with
troops to garrison Fort Orford, being shipwrecked
and detained four months at Coos Bay. He had
orders to explore for a road to the interior, in connec
tion with Williamson, who had already begun this
survey. The work was prosecuted with energy, and
finished in the autumn of 1852.
The presents distributed by Skinner had not the
virtue to preserve lasting tranquillity in the mining
region. In the latter part of April 1852, a citizen
of Marion county returning from the mines was
robbed of his horse and other property in the Grave
Creek hills by Rogue River Indians. This act was
followed by other interruption of travellers, and de
mand for pay for passing fords.11 Growing bolder,
robbery was followed by murder, and then came war.12
On the 8th of July, a Shasta, named Scarface, a
*Cal. Courier, Dec. 13, 1851.
9 Report of Major Robert Allen, in U. S. H. Ex. Doc. 2, vol. ii. part 1, p.
150, 32d cong. 1st sess.
10 ' The commanders went without an interpreter to the Coquille village,
and just banged away -until they gratified themselves, and then went to Port
Orford and back to San Francisco.' Parrish's Or. Anecdotes, MS., 66. See
also Alto, California, Dec. 14, 1851.
"Hearne's Gal Sketches, MS., 2.
12 In the early spring of 1852 a party of five men, led by James Coy, left
Jacksonville to look for mining ground toward the coast. Having discov
ered some good diggings on a tributary of Illinois Biver, now called Jose
phine Creek, they were following up the right branch, when they discovered,
three miles above the junction, the remains of two white men, evidently
murdered by the Indians. Being few in number, they determined to return
and reenforce. Camping at night at the mouth of Josephine Creek, they
were attacked by a large force. They kept the enemy at bay until the next
night, when one of the men crowded through their lines, and hastened to
Jacksonville for aid. All that day, and the next, and until about ten o'clock
on the third, the besieged defended their little fortress, when a party of 35
came down the mountain to their relief; and finding the country rich in
mines, took up claims, and made the first permanent settlement in Illinois
Valley. Scraps Southern Or. Hist., in Ashland Tidings, Sept. 20, 1878.
TROUBLES WITH THE SHASTAS. 239
notorious villain, who had killed his chief and usurped
authority, murdered one Calvin Woodman, on Ind
ian Creek, a small tributary of the Klamath. The
white men of Shasta and Scott's valleys arrested the
head chief, and demanded the surrender of Scarface
and his accomplice, another Shasta known as Bill.
The captured chief not only refused, but made his
escape. The miners then organized, and in a fight
which ensued the sheriff wras wounded, some horses
being killed. Mr E. Steele was then living at Yreka.
He had mined in the Shasta valley when Lane was
digging gold in that vicinity. The natives had named
him Jo Lane's Brother, and he had great influence
with them. Steele had been absent at the time of
the murder, but returning to Scott Valley soon after,
found the Indians moving their families toward the
Salmon River mountains, a sign of approaching
trouble. Hastening to Johnson's rancho, he learned
what had occurred, and also met there a company
from Scott Bar prosecuting an unsuccessful search for
the savages in the direction of Yreka. Next day, at
the request of Johnson, who had his family at the
rancho and was concerned for their safety, Steele col
lected the Indians in Scott Valley and held a council.
The Shastas, to which nation belonged the Rogue
River tribes, were divided under several chiefs as fol
lows : Tolo was the acknowledged head of those who
lived in the flat country about Yreka; Scarface and Bill
were over those in Shasta Valley; John of those in
Scott Valley; and Sam and Jo of those in Rogue River
Valley, having been formerly all under one chief, the fa
ther of John. On the death of the old chief a feud had
arisen concerning the supremacy, which was inter
rupted by the appearance of white men, since which
time each had controlled his own band. Then there
were two chiefs who had their country at the foot of
the Siskiyou Mountains on the north side, or south of
Jacksonville, namely, Tipso, that is to say, The Hairy,
from his heavy beard, and Sullix, or the Bad -tern-
240 PLAUSIBLE PACIFICATION.
pered, both of whom were unfriendly to the settlers
and miners.13 They also had wars with the Shastas
on the south side of the Siskiyou,14 and were alto
gether turbulent in their character.
The chiefs whom Steele induced to trust themselves
inside Johnson's stockade for conference were Tolo,
his son Philip, and John, with three of his brothers,
one of whom was known as Jim. These affirmed that
they desired peace, and said if Steele would accom
pany them they would go in search of the murderers.
Accordingly a party of seven was formed, four more
joining at Shasta canon.15 Proceeding to Yreka,
Steele had some trouble to protect his savages from
the citizens, who wished to hang them. But an order
of arrest having been obtained from the county judge,
the party proceeded, and in two days reached the
hiding-place of Scarface and Bill. The criminals had
fled, having gone to join Sam, brother of Chief Jo,
Lane's namesake, who had taken up arms because Dr
Ambrose, a settler, had seized the ground which was
the winter residence of the tribe, and because he would
not betroth his daughter to Sam's son, both children
being still of tender age.
Tolo, Philip, and Jim then withdrew from the party
of white men, substituting two young warriors, who
were pledged to find Scarface and Bill, or suffer in
their stead. A party under Wright then proceeded
to the Klamath country. Steele went to Rogue River,
hearing on the Siskiyou Mountain confirmation of the
war rumor from a captured warrior, afterward shot in
trying to effect his escape.
Rumors of disaffection reaching Table Rock,16 seven-
13 See CardweWsEm. Co., MS., 15, 7.
"Id., 15-21; Ashland Tid., Dec. 2, 9, 1876, and Sept. 20, 1878.
J5The Scott Valley men were John McLeod, James Bruce, James White,
Peter Snellback, John Galvin, and a youth called Harry. The four from
Shasta were J. D. Cook, F. W. Merritt, L. S. Thompson, and Ben. Wright,
who acted as interpreter.
16 Jacksonville was at this time called Table Rock, though without rele
vance. The first journal published there was the Table Rock Sentinel. Prim's
Judicial Affairs in S. Or., MS., 3.
PARLEYS. 241
ty-five or eighty men, with John K. Lamerick as
leader, volunteered to go and kill Indians. Hearing
of it, Skinner hastened to prevent slaughter, but only
obtained a promise not to attack until he should have
had an opportunity of parley. A committee of four
was appointed by the citizens of Table Hock to ac
company the agent. They found Sam at his encamp
ment at Big Bar, two miles from the house of
Ambrose, and at no great distance from Stuart's
former camp. Sam did not hesitate to cross to the
south side to talk with Skinner. He declared him
self for peace, and proposed to send for his brother
Jo, with all his band, to meet the agent the following
day; nor did he make any objection when told that a
large number of white men would be present to wit
ness the negotiations.
At this juncture, Steele arrived in the valley with
his party and two Shastas, Skinner confessing to him
that the situation was serious. He agreed, how
ever, to Steele's request to make the delivery of the
murderers one of the conditions of peace.
At the time appointed, Skinner and Steele repaired
to Big Bar with their respective commands and the
volunteers under Lamerick. One of Steele's Shastas
was sent to Sam with a message, requesting him to
come over the river and bring a few of his warriors as
a body-guard. After the usual Indian parley he
came, accompanied by Jo and a few fighting men;
but seeing Lamerick 's company mounted and drawn
up in line, expressed a fear of them, when Skinner
caused them to dismount and stack their arms.
The messenger to Sam's camp told Steele that he
had recognized the murderers among Sam's people,
and Steele demanded his" arrest; but Skinner refused,
fearing bloodshed. The agent went further, and
ordered the release of two prisoners taken by Steele
on the north side of the Siskiyou Mountains, Sam
having first made the demand, and refused to negotiate
until it was complied with. The order was accom-
HIST. OB., VOL. II. 16
242 PLAUSIBLE PACIFICATION.
panied with the notice to Steele that he was within
the jurisdiction of the person giving the command.
But all was of no avail. Steele seemed as determined
to precipitate war as was Skinner to avoid it. Final
ly Skinner addressed himself to the prisoners, telling
them they were free, that he was chief of the white
people in the Indian country, and they should accept
their liberty. On the other hand, Steele warned his
prisoners that if they attempted to escape they would
be shot, when Skinner threatened to arrest and send
him to Oregon City. The quarrel ended by Steele
keeping his captives under a guard of two of his own
men, who were instructed to shoot them if they ran
away, Sarn and his party being informed of the order.
His six remaining men were stationed with reference
to a surprise from the rear and a rescue.
The conference then proceeded; but presently a
hundred armed warriors crossed the river and mixed
with the unarmed white men, whereupon Steele or
dered his men to resume their arms.
The council resulted in nothing. Sam declined to
give up the murderers, and the talk of the chiefs was
shuffling and evasive. At length, on a pretence of
wishing to consult with some of his people, Sam ob
tained permission to return to the north bank of the
river, from which he shouted back defiance, and say
ing that he should not return. The white forces
O
were then divided, Lamerick going with half the
company to a ford above Big Bar, and his lieutenant
with the remainder to the ford half a mile below, pre
pared to cross the river and attack Sam's camp if any
hostile demonstrations should be made at the council
ground. But the agent, apprehensive of an outbreak,
followed the angry chief tor the north side, the Ind
ians also crossing over until about fifty only re
mained. Becoming alarmed for the safety of Skin
ner, Steele placed a guard at the crossing to prevent
all the Indians returning to camp before the agent
should conie back, which he did in company with one
THE BATTLE BEGINS. 243
of the Shastas, who had been sent to warn him.
Though the agent was aware that this man could
point out the murderers, he would not consent, lest
it should be a signal for battle.
By the time Steele had recrossed the river, a fresh
commotion arose over the rumor that Scarface was
seen with two others going over the hills toward the
Klamath. The Rogue River warriors, still on the
south side, observing it, began posting themselves
under cover of some trees, as if preparing for a skir
mish, to prevent which Steele's men placed them
selves in a position to intercept them, when an
encounter appearing imminent, Martin Angell,17 a
settler, proposed to the Indians to give up their
arms, and sheltering themselves in a log house in
the vicinity, to remain there as hostages until the
criminals should be brought back by their own peo
ple. The proposition was accepted; but when they
had filed past Steele's party they made a dash to
gain the woods. This was the critical moment. To
allow the savages to gain cover would be to expose
the white men to a fire they could not return; there
fore the order was given, and firing set in on both
sides.
It should not be forgotten that Steele's men from
the California side of the Siskiyou, throughout the
whole affair, had done all that was done to precipitate
the conflict, which was nevertheless probably una
voidable in the agitated state of both Indians and
white men. The savages were well armed and ready
for war, and the miners and settlers were bent on the
mastery. When the firing began, Lamerick's com
pany were still at the fords, some distance from the
others. At the sound of the guns he hastened up
the valley to give protection to the settlers' families,
17 Angell had formerly resided at Oregon City. He removed to Rogue
River Valley, participated in the Indian wars, and was killed by the savages
of Rogue River in 1855. He was regarded as a good man and a useful citi
zen. His only son made his residence at Portland. Lane's Autobiography,
MS., 107.
244 PLAUSIBLE PACIFICATION".
leaving a minority of the volunteers to engage the
Indians from the north side should they attempt to
cross the river.18
The fighting lasted but a short time. The Indians
made a charge with the design of releasing Steele's
prisoners, when they ran toward the river. One was
shot before he reached it, the other as he came out of
the water on the opposite bank. Sam then ordered
a party of warriors to the south side to cut off Steele,
but they were themselves surprised by a detachment
of the volunteers, and several killed,19 the remainder re
treating. Only one white man was wounded, and he
in one ringer. The Indian agent had retired to his resi
dence at the beginning of the fight. That same night
information was received that during the holding of the
council some Indians had gone to a bar down the
river, and had surprised and killed a small company of
miners. Lamerick at once made preparations to cross
the river on the night of the 19th of July, and take
his position in the pass between Table Rock and the
river, while Steele's company moved at the same time
farther up, to turn the Indians back on Lamerick's
force in the morning. The movement was successful.
Sam's people were surrounded, and the chief sued for
peace on the terms first offered, namely, that he should
give up the murderers, asking that the agent be sent
for to make a treaty.
But Skinner, who had found himself ignored as
18 ' Before we reached the place where the battle was going on, we met a
large portion of the company coming from the battle as fast as their horses
could run. The foremost man was Charley Johnson. He called to me to
come with him. I said, "Have the Indians whipped you?" He said nothing,
but kept on running, and crying, "Come this way." We wheeled, and went
with the crowd, who went to the house of Dr Ambrose. The Indians had
started toward the house, and it was supposed they meant to murder the
family.' CardwdVs Emigrant Company, MS., 24.
19 Steele says sixteen, including the prisoners. Cardwell states that many
sprang into the water and were shot. Skinner gives the number as four; and
states further that ' a man by the name of Steel, who pretended to be the
leader of the party from Shasta, was principally instrumental in causing the
.attack on the prisoners, which for a time produced general hostilities.' U. St
Sen. Doc., i., 32d cong. 2d sess., vol. i. pt i. 457. CardweWs Emigrant Com
pany, MS., 25; California Star, Aug. 7, 1852.
TRUCE AND REENFORCEMENT. 245
maintainer of the peace, and was busy preparing for
the defence of his house and property, was slow to
respond to this request. A council was appointed for
the next day. In the explanations which followed it
was ascertained that Scarface had not been with Sam,
but was hiding in the Salmon River mountains. The
person pointed out as Scarface was Sullix of Tipso's
band, who also had a face badly scarred. The real
criminal was ultimately arrested, and hanged at Yreka.
A treaty was agreed to by Sam requiring the Rogue
River Indians to hold no communication with the
Shastas.20 For the remainder of the summer hostili
ties on Rogue River were suspended, the Indian agent
occasionally presenting Sam's band with a fat ox, find
ing it easier and cheaper to purchase peace with beef
than to let robberies go on, or to punish the robbers.21
Such was the condition of Indian affairs in the
south of Oregon in the summer and autumn of 1852,
when the superintendent received official notice that
all the Indian treaties negotiated in Oregon had been
ordered to lie upon the table in the senate; while
he was instructed by the commissioner, until the
general policy of the government should be more def
initely understood, to enter into no more treaty stip
ulations with them, except such as might be imperi
ously required to preserve peace.22 As if partially to
avert the probable consequences to the people of Ore
gon of this rejection of the treaties entered into be
tween Governor Gaines, Superintendent Dart, and the
Indians, there arrived at Vancouver, in September,
268 men, rank and file, composing the skeleton of the
4th regiment of infantry, under Lieutenant-colonel
Bonneville.23 It was now too late in the season for
20 Sullix was badly wounded on the day of the battle. See Cardwett's
Emigrant Company, MS., 25-6.
al The expenses of Steele's expedition were $2,200, which were never reim
bursed from any source.
22 Letter of Anson Dart in Or. Statesman, Oct. 30, 1852. Dart resigned
in December, his resignation to take effect the following June.
23 ' A large number of the 4th reg. had died on the Isthmus. ' Or. States'
man, Sept. 25, 1852.
246 PLAUSIBLE PACIFICATION.
troops to do more than go into winter quarters. The
settlers and the emigration had defended themselves
for another year without aid from the government,
and the comments afterward made upon their manner
of doing it, in the opinion of the volunteers came with
a very ill grace from the officers of that government.24
24 Further details of this campaign are given in Lane's Autobiography, MS.;
CardwdVs Emigrant Company, MS.; and the files of the Oregon Statesman.
CHAPTER IX.
SURVEYS AND TOWN-MAKING.
1851-1853.
PROPOSED TERRITORIAL DIVISION — COAST SURVEY — LIGHT-HOUSES ESTAB
LISHED — JAMES S. LAWSON — His BIOGRAPHY, PUBLIC SERVICES, AND
CONTRIBUTION TO HISTORY — PROGRESS NORTH OF THE COLUMBIA— SOUTH
OF THE COLUMBIA — BIRTH OF TOWNS — CREATION OF COUNTIES — PROPOSED
NEW TERRITORY — RIVER NAVIGATION — IMPROVEMENTS AT THE CLACK-
AMAS RAPIDS— ON THE TUALATIN RIVER— LA CREOLE RIVER — BRIDGE-
BUILDING — WORK AT THE FALLS OF THE WILLAMETTE— FRUIT CULTURE
— THE FiPvST APPLES SENT TO CALIFORNIA — AGRICULTURAL PROGRESS —
IMPORTS AND EXPORTS — SOCIETY.
A MOVEMENT was made north of the Columbia
River in the spring of 1851, to divide Oregon, all
that portion north and west of the Columbia to be
erected into a new territory, with a separate govern
ment — a scheme which met with little opposition
from the legislature of Oregon or from congress.
Accordingly in March 1853 the separation was con
summated. The reasons advanced were the alleged
disadvantages to the Puget Sound region of unequal
legislation, distance from the seat of government,
and rivalry in commercial interests. North of the
Columbia progress was slow from the beginning of
American settlements in 1845 to 1850, when the
Puget Sound region began to feel the effect of the
California gold discoveries, with increased facilities
for communication with the east. In answer to the
oft-repeated prayers of the legislature of Oregon,
that a survey might be made of the Pacific coast of
the United States, a commission was appointed in
(247 )
248 SURVEYS AND TOWN-MAKING.
November 1848, whose business it was to make an ex
amination with reference to points of occupation for
the security of trade and commerce, and for military
and naval purposes.
The commissioners were Brevet Colonel J. L. Smith,
Major Cornelius A. Ogden, Lieutenant Danville Lead-
better of the engineer corps of the United States army,
and commanders Louis M. Goldsborough, G. J. Van
Brunt, and Lieutenant Simon F. Blunt of the navy.
They sailed from San Francisco in the government
steam propeller Massachusetts, officered by Samuel
Knox, lieutenant commanding, Isaac N. Briceland act
ing lieutenant, and James H. Moore acting master,
arriving in Puget Sound about the same time the
Ewing reached the Columbia River in the spring of
1850, and remaining in the sound until July. The
commissioners reported in favor of light-houses at
New Dungeness and Cape Flattery, or Tatooch Island,
informing the government that traffic had much in
creased in Oregon, and on the sound, it being their
opinion that no spot on the globe offered equal facili
ties for the lumber trade.1 Shoalwater Bay was ex
amined by Lieutenant Leadbetter, who gave his name
to the southern side of the entrance, which is called
Leadbetter Point. The Massachusetts visited the Co
lumbia, and recommended Cape Disappointment on
which to place a light-house. After this superficial
reconnoissance, which terminated in July, the commis
sioners returned to California.
The length of time elapsing from the sailing of the
commission from New York to its arrival on the North
west Coast, with the complaints of the Oregon dele
gate, caused the secretary of the treasury to request
Professor A. D. Bache, superintendent of coast sur
veys, to hasten operations in that quarter as much as
possible ; a request which led the latter to despatch a
third party, in the spring of 1850, under Professor
George Davidson, which arrived in California in June,
1 Coast Survey, 1850, 127.
DAVIDSON'S SURVEY. 249
and proceeded immediately to carry out the intentions
of the government.2 Being employed on the coast of
southern California, Davidson did not reach Oregon
till June 1851, when he completed the topographical
surveys of Cape Disappointment, Point Adams, and
Sand Island, at the entrance to the Columbia, and de
parted southward, having time only to examine Port
Orford harbor before the winter storms. It was not
until July 1852 that a protracted and careful survey
was begun by Davidson's party, when he returned in
the steamer Active? Captain James Alden of the navy,
to examine the shores of the Strait of Fuca and adja
cent coasts, a work in which he was engaged for sev
eral years, to his own credit and the advantage of the
country.4 For many years Captain Lawson has di
rected his very valuable efforts to the region about
Puget Sound.5
2 Davidson's party were all young men, anxious to distinguish themselves.
They were A. M. Harrison, James S. Lawsoii, and John Rockwell. They
sailed in the steamer Philadelphia, Capt. Robert Pearson, crossed the Isthmus,
and took passage again on the Tennessee, Capt. Cole, for San Francisco. Law-
son's Autobiography, MS., 5-18.
3 The Actire was the old steamer Gold Hunter rechristened. Lawsoris Au
tobiography, MS., 49.
4 For biography, and further information concerning Prof. Davidson and
his labors, see Hist. Cat., this series.
5 James S. Lawson was born in Philadelphia, Feb. 13, 1828, was educated
in the schools of that city, and while in the Central high school was a class
mate of George Davidson, Prof. Bache being principal. Bache had formerly
been president of Girard College, and still had charge of the magnetic obser
vatory in the college grounds. The night observers were selected from the
pupils of the high school, and of these Lawson was one, continuing to serve
till the closing of the observatory in 1845. In that year Lawson was ap
pointed second assistant teacher in the Catherine-street grammar school of
Philadelphia, which position he held for one year, when he was offered a po
sition in the Friends' school at Wilmington, Delaware, under charge of Sam
uel Alisoff. In January 1848 Lawson commenced duty as a clerk to Prof.
Bache, then superintendent of the U. S. coast survey, remaining in that ca
pacity until detached and ordered to join Davidson for the surveys on the
Pacific coast in 1850. From the time of his arrival on the Pacific coast to the
present, Capt. Lawson has been almost continuously engaged in the labor of
making government surveys as an assistant of Prof. Davidson. Laivson's
Autobiography, MS., 2. His work for a number of years has been chiefly in
that portion of the original Oregon territory north of the Columbia and west
of the Cascade Mountains, and his residence has been at Olympia, where his
high character and scientific attainments have secured him the esteem of all,
and in which quiet and beautiful little capital repose may be found from oc
casional toil and exposure. Mr Harrison* was, like Davidson and Lawson, a
graduate of the Philadelphia Central school, and of the same class.
This manuscript of Lawson's authorship is one of unusual value, contain-
250 SURVEYS AND TOWN-MAKING.
I have referred to the surveying expeditions in this
place with the design, not only of bringing them into
their proper sequence in point of time, but to make
plain as I proceed correlative portions of my narra
tive.
Between 1846, the year following the first Ameri
can settlements on Puget Sound, and 1848, popula
tion did not much increase, nor was there any com
merce to speak of with the outside world until the
autumn of the last-named year, when the settlers
discarded their shingle-making and their insignificant
trade at Fort Nisqually, to open with their ox-teams
a wagon road to the mines on the American River.
The new movement revolutionized affairs. Not only
was the precious dust now to be found in gratifying
bulk in many odd receptacles never intended for such
use in the cabins of squatters, but money, real hard
coin, became once more familiar to fingers that had
nearly forgotten the touch of the precious metals.
In January 1850, some returning miners reached the
Sound in the first American vessel entering those wa
ters for the purposes of trade, and owned by a com
pany of four of them.6 This was the beginning of
trade on Puget Sound, which had increased consider
ably in 1852-3, owing to the demand for lumber in
San Francisco. The towns of Olympia, Steilacoom,
Alki, Seattle, and Port Townsend already enjoyed
some of the advantages of commerce, though yet in
their infancy. A town had been started on Baker
Bay, which, however, had but a brief existence, and
settlements had been made on Shoalwater Bay and
Gray Harbor, as well as on the principal rivers enter
ing them, and at Cowlitz Landing. At the Cascades
of the Columbia a town was surveyed in 1850, and
ing, besides a history of the scientific work of the coast survey, many original
scraps of history, biography, and anecdotes of persons met with in the early
years of the service, both in Oregon and California. Published entire it would
be read with interest. It is often a source of regret that the limits of my
workj extended as it is, preclude the possibility of extracting all that is
tempting in my manuscripts.
6 See Hist. Wash., this series.
POPULATION. 251
trading establishments located at the upper and lower
falls; and in fact, the map of that portion of Oregon
north of the Columbia had marked upon it in "the
spring of 1852 nearly every important point which is
seen there to-day.
Of the general condition of the country south of the
Columbia at the period of the division, something may
be here said, as I shall not again refer to it in a par
ticular manner. The population, before the addition
of the large immigration of 1852, was about twenty
thousand, most of whom were scattered over the
Willamette Valley upon farms. The rage for laying
out towns, which was at its height from 1850 to
1853, had a tendency to retard the growth of any
one of them.7 Oregon City, the oldest in the terri
tory, had not much over one thousand inhabitants.
Portland, by reason of its advantages for unloading
shipping, had double that number. The other towns,
Milwaukie, Salem, Corvallis, Albany, Eugene, Lafay
ette, Dayton, and Hillsboro, and the newer ones in the
southern valleys, could none of them count a thousand.8
7 Joel Palmer bought the claim of Andrew Smith, and founded the town
of Dayton about 1850. Lafayette was the property of Joel Perkins, Cor
vallis of J. C. A very, Albany of the Monteith brothers, Eugene of Eugene
Skinner, Canyonville of Jesse Roberts, who sold it to Marks, Sideman & Co.,
who laid it out for a town.
8 A town called Milwaukie was surveyed on the claim of Lot Whitcomb.
It contained 500 inhabitants in the autumn of 1850, more than it had thirty
years later. Or. Special or, Nov. 28, 1850. Deady, in Overland Monthly, i. 37.
Oswego, on the west bank of the Willamette, later famous for its iron- works,
was laid out about the same time, but never had the population of Milwaukie,
of which it was the rival. Dallas, in Polk county, was founded in 1852.
St Helen, on the Columbia, was competing for the advantage of being the
seaport of Oregon, and the Pacific Mail Steamship Company had decreed
that so it should be, when the remonstrances, if not the sinister acts, of
Portland men effected the ruin of ambitious hopes. St Helen was on the
land claim of H. M. Knighton, an immigrant of 1845, and had an excellent
situation. Weed's Queen Charlotte Isl. Exp., MS., 7. 'Milton and St Helen,
one and a half miles apart, on the Columbia, had each 20* or 25 houses
Gray, a Dane, was the chief founder of St Helen.' Saint- Amant, Voyages
en CaL et Or. , 3GS-9, 378. It was surveyed and marked out in lots and blocks
by P. W. Crawford, assisted by W. H. Tappan, and afterward mapped by
Joseph Trutch, later of Victoria, B. C. A road was laid out to the Tualatin
plains^and a railroad projected ; the steamship company erected a wharf with
other improvements. But meetings were held in Portland to prevent the
252 SURVEYS AND TOWN-MAKING.
Some ambitious persons attempted to get a county
organization for the country east of the Cascade
Mountains in the winter of 1852-3, to which the leg-
stopping of the steamers below that town, and successive fires destroyed the
company's improvements at St Helen, compelling their vessels to go to the
former place.
Milton, another candidate for favor, was situated on Scappoose Bay, an
arm of the Willamette, just above St Helen. It was founded by sea cap
tains Nathan Crosby and Thomas H. Smith, who purchased the Hunsaker
mills on Milton Creek, where they made lumlDer to load the bark Louisiana,
which they owned. They also opened a store there, and assisted iii building
the road to the Tualatin plains. Several sea-going men invested in lots, and
business for a time was brisk. But all their brilliant hopes were destined to
destruction, for there came a summer flood which swept the town away.
Captains Drew, Menzies, Pope, and Williams were interested in Milton.
Crawford's Nar., MS., 223. Among the settlers in the vicinity of St Helen
and Milton was Capt. F. A. Lemont, of Bath, Maine, who as a sailor accom
panied Capt. Dominis when he entered the Columbia in 1829-30. He was after
ward on Wyeth's vessel, the May Dacre, which was in the river in 1834. Re
turning to Oregon after having been master of several vessels, he settled at
St Helen in 1850, where he still resides. Of the early residents Lemont has
furnished me the following list from memory: Benjamin Durell, Witherell, W.
H. Tappan, Joseph Trutch, John Trutch, L. C. Gray, Aaron Broyles, James
G. Hunter, Dr Adlum, Hiram Field, Seth Pope, John Dodge, George Thing,
William English, William Hazard, Benjamin Teal, B. Conley, William
Meeker, Charles H. Reed, Joseph Caples, Joseph Cunningham, A. E. Clark,
Robert Germain, G. W. Veasie, C. Carpenter, J. Carpenter, Lockwood, Lit
tle, Tripp, Berry, Dunn, Burrows, Fiske, Layton, Kearns, Holly, Maybee,
Archilles, Cortland, and Atwood, with others. Knighton, the owner of St
Helen, is pronounced by Crawford a 'presumptuous man,' because while
knowing nothing about navigation, as Crawford affirms, he undertook to
pilot the Silvie de Grasse to Astoria, running her upon the rock where she
was spitted. He subsequently sailed a vessel to China, and finally engaged
as a captain on the Willamette. Knighton died at The Dalles about 1864.
His wife was Elizabeth Martin of Yamhill county. He left several children
in Washington.
Westport, on the Columbia, thirty miles above Astoria, was settled by
John West in 1851; and Rainier, opposite the Cowlitz, by Charles E. Fox in
the same year. It served for several years as a distributing point for mail
and passengers to and from Puget Sound. Frank Warren, A. Harper and
brother, and William C. Moody were among the residents at Rainier. Craw
ford's Nar., MS., 260. At or near The Dalles there had been a solitary set
tler ever since the close of the Cayuse war; and also a settler named Tomlin-
son, and two Frenchmen on farms in Tygh Valley, fifty miles or more south of
The Dalles. These pioneers of eastern Oregon, after the missionaries, made
money as well as a good living, by trading in cattle and horses with emi
grants and Indians, which they sold to the miners in California. After the
establishment of a military post at The Dalles, it required a government
license, issued by the sup. of Indian affairs, to trade anywhere above the
Cascades, and a special permission from the commander of the post to trade
at this point. John C. Bell of Salem was the first trader at The Dalles, as
he was sutler for the army at The Dalles in 1850. When the rifle regiment
were ordered away, Bell sold to William Gibson, who then became sutler.
In 1851 A. McKinlay & Co.. of Oregon City, obtained permission to estab
lish a trading post at The Dalles, and building a cabin they placed it in
charge of Perrin Whitman. In 1852, they erected a frame building west of
the present Umatilla House, which they used as a store, but sold the follow
ing year to Simms and Humason. W. C. Laughlin took a land claim this
COUNTY ORGANIZATION. 253
islature would have consented if they had agreed to
have the new county attached to Clarke for judicial
purposes; but this being objected to, and the popula
tion being scarce, the legislature declined to create
the county, which was however established in Janu
ary 1854, and called Wasco.9 In the matter of other
county organizations south of the Columbia, the leg
islature was ready to grant all petitions if not to an
ticipate them. In 1852-3 it created Jackson, includ-
year and built a house upon it. A Mr Bigelow brought a small stock of
goods to The Dalles, chiefly groceries and liquors, and built a store the fol
lowing year; and William Gibson moved his store from the garrison grounds
to the town outside. It was subsequently purchased by Victor Trevitt, who
kept a saloon called the Mount Hood.
In the autumn of 1852, companies K and I of the 4th inf. reg., under
Capt. Alvord, relieved the little squad of artillery men who had garrisoned
the post since the departure of the rifle regiment. It was the post which
formed the nucleus of trade and business at The Dalles, and which made it
necessary to improve the means of transportation, that the government sup
plies might be more easily and rapidly conveyed. The immigration of 18o2
were not blind to the advantages of the location, and a number of claims
were taken on the small streams in the neighborhood of The Dalles. Ru
mors of gold discoveries in the Cascade Mountains north of the Columbia
River were current about this time. H. P. Isaacs of Walla Walla, who is
the author of an intelligent account of the development of eastern Oregon
and Washington, entitled The Upper Columbia Basin, MS., relates that a
Klikitat found and gave to a Frenchman a piece of gold quartz, which being
exhibited at Oregon City induced him to go with the Indian in the spring of
1853 to look for it. But the Klikitat either could not or would not find the
place, and Isaacs went to trade with the immigrants at Fort Bois6, putting a
ferry across Snake River in the summer of that year, but returning to The
Dalles, where he remained until 1863, when he removed to the Walla Walla
Valley and put up a grist mill, and assisted in various ways to improve that
section. Isaacs married a daughter of James Fulton of The Dalles, of
whom I have already made mention. A store was kept in The Dalles by L.
J. Henderson and Shang, in a canvas house. They built a log house the
next year. Tompkins opened a hotel in a building put up by McKinlay &
Co. Forman built a blacksmith shop, and Lieut. Forsyth erected a two-
story frame house, which was occupied the next year as a hotel by Gates.
Gushing and Low soon put up another log store, and James McAuliff a third.
Dalies Mountaineer, May 28, 1869.
9 Or. Jour. Council, 1852-3, 90; Gen. Laws Or., 544. The establishment
of Wasco county was opposed by Major Rains of the 4th infantry stationed
at Fort Dalles in the winter of 1853-4. He said that Wasco county was the
largest ever known, though it had but about thirty-five white inhabitants,
and these claimed a right to locate where they chose, in accordance with the
act of Sept. 27, 1850. Or. Jour. Council, 1853-4, app. 49-50; U. S. Sen. Doc.
16, vol. vi. 16-17, 33d cong. 2d sess. Rains reported to Washington, which
frustrated for a time the efforts of Lane to get a bill through congress regu
lating bounty warrants in Oregon, it being feared that some of them might
be located in Wasco county. Or. Statesman, March 20, 1855; Cong. Globe,
33d cong. 2d sess., 490. Wm C. Laughlin, Warren Keith, and John Tomp
kins were appointed commissioners, J. A. Simms sheriff, and Justin Chen-
oweth, judge.
254 SURVEYS AND TOWN-MAKING.
ing the valley of Rogue River and the country west
of it to the Pacific. At the session of 1853, it created
Coos county from the western portion of Jackson,
Tillamook from the western part of Yamhill, and
Columbia from the northern end of Washington coun
ty. The county seat of Douglas was changed from
Winchester to Roseburg by election, according to an
act of the legislature.
The creation of new counties and the loss of those
north of the Columbia called for another census, and
the reclistricting of the territory of Oregon, with the
reapportionment of members of the legislative assem
bly, which consisted under the new arrangement of
thirty members. The first judicial district was made
to comprise Marion, Linn, Lane, Benton, and Polk,
and was assigned to Judge Williams. The second
district, consisting of Washington, Clackainas, Yam-
hill, and Columbia, to Judge Olney; while the third,
comprising Umpqua, Douglas, Jackson, and Coos,
was given to McFadden, who held it for one term
only, when Deady was reinstated.
Notwithstanding the Indian disturbances in south
ern Oregon, its growth continued to be rapid. The
shifting nature of the population may be inferred from
fact that to Jackson county was apportioned four rep
resentatives, while Marion, Washington, and Clacka-
mas were each allowed but three.10
A scheme was put on foot to form a new territory
out of the southern countries with a portion of north
ern California, the movement originating at Yreka,
where it was advocated by the Mountain Herald. A
meeting was held at Jacksonville January 7, 1854,
which appointed a convention for the 25th. Memo
rials were drafted to congress and the Oregon and
California legislatures. The proceedings of the con
vention were published in the leading journals of the
coast, but the project received no encouragement from
10 Or. Statesman, Feb. 14, 1854.
STEAMERS ON THE WILLAMETTE. 255
legislators, nor did Lane lend himself to the scheme
farther than to present the memorial to congress.11
On the contrary, he wrote to the Jacksonville malecon-
tents that he could not approve of their action, which
would, as he could easily discern, delay the admission
of Oregon as a state, a consummation wished for by
his supporters, to whom he essayed to add the demo
crats of southern Oregon. Nothing further was
thenceforward heard of the projected new territory.12
Nothing was more indicative of the change taking
place with the introduction of gold than the improve
ment in the means of transportation on the Willamette
and Columbia rivers, which was now performed by
steamboats.13
11 U. S. H. Jour., 609, 33d cong. 1st sess.
12 The Oregon men known to have been connected with this movement
were Samuel Culver, T. McFadden Patton, L. F. Mosher, D. M. Kenny, S.
Ettlinger, Jesse Richardson, W. W. Fowler, C. Sims, Anthony Little, S. C.
Graves, W. Burt, George Dart, A. Mclntire, G. L. Snelling, C. S. Drew,
John E. Ross, Richard Dugan, Martin Angell, and J. A. Lupton. Those
from the south side of the Siskiyou Mountains were E. Steele, H. G. Ferris,
C. N. Thornbury, E. J. Curtis, E. Moore, O. Wheelock, and J. Darrough.
Or. Statesman, Feb. 7 and 28, 1854.
13 The first steamboat built to run upon these waters was called the Colum
bia. She was an oddly shaped and clumsy craft, being a double-ender, like a
ferry-boat. Her machinery was purchased in California by James Frost, one
of the followers of the rifle regiment, who brought it to Astoria, where his
boat was built. Frost was sutler to the regiment in which his brother was
quartermaster. He returned to Missouri, and in the civil war held a com
mand in the rebellious militia of that state. His home was afterward in St
Louis. Deady, in McCracken's Portland, MS., 7. It was a slow boat, taking
26 hours from Astoria to Oregon City, to which point she made her first voy
age July 4, 1850. S. F. Pac. News, May 11, July 24, and Aug. 1, 1850; S.
F. Herald, July 24, 1850; Portland Standard, July 8, 1870.
The second venture in steam navigation was the Lot Whitcomb of Oregon,
named after her owner, built at Milwaukie, and launched with much cere
mony on Christmas, 1850. She began running in March following. The
name was selected by a committee nominated in a public meeting held for the
purpose, W. K. Kilborn in the chair, and A. Bush secretary. The commit
tee, A. L. Lovejoy, Hector Campbell, W. W. Buck, Capt. Kilborn, and Gov
ernor Gaines, decided to give her the name of her owner, who was presented
with a handsome suit of colors by Kilborn, Lovejoy, and N. Ford for the
meeting. Or. Spectator, Dec. 12, 1850, and June 27, 1851. She was built by
a regular ship-builder, named Hanscombe, her machinery being purchased in
San Francisco. Deady 's Hist. Or., MS., 21; McCracken's Portland, MS., 11;
Briytfs Port Townsend, MS., 22; Sacramento Transcript, June 29, 1850;
Overland Monthly, i. 37. In the summer of 1853 the Whitcomb was sold to
a California company for $50,000, just $42,000 more than she cost. The Lot
Whitcomb was greatly superior to the first steamer. Both obtained largo
prices for carrying passengers and freight, and for towing sailing vessels on
256 SURVEYS AND TOWN-MAKING.
The navigation of the Willamette was much im
peded by rocks and rapids. On the Clackamas rapids
below Oregon City, thirty thousand dollars was ex
pended in removing obstructions to steamers, and the
channel was also cleared to Salem in 1852. The
Tualatin River was made navigable for some distance
by private enterprise. A canal was made to connect
the Columbia. McCracken says he paid two ounces of gold-dust for a pas
sage on the Columbia from Astoria to Portland which lasted two days, sleep
ing on the upper deck, the steamer having a great many on board. Portland,
MS., 4. When the Whitcomb began running the fare was reduced to 815.
John McCracken came to Oregon from California, where he had been in mer
cantile pursuits at Stockton, in November 1849. He began business in
Oregon City in 1850, selling liquors, and was interested in the Island mill.
He subsequently removed to Portland, where he became a large owner in
shipping, steamboats, and merchandising. His wife was a daughter of Dr
Barclay of Oregon City, formerly of the H. B. Co.
From the summer of 1851, steamboats multiplied, though the fashion of
them was not very commodious, nor were they elegant in their appointment,
but they served the purpose, for which they were introduced, of expediting
travel.
The third river steamboat was the Black Hawk, a small iron propeller
brought out from New York, and run between Portland and Oregon City, the
Lot Whitcomb being too deep to get over the Clackamas rapids. The Wil
lamette, a steam schooner belonging to Howland and Aspinwall, arrived in
March 1853, by sailing vessel, being put together on the upper Willamette,
finished in the autumn, and run for a season, after which she was brought
over the falls, and used to carry the mail from Astoria to Portland; but the
arrival of the steamship Columbia, which went to Portland with the mails,
rendered her services unnecessary, and she was sold to a company composed
of Murray, Hoyt, Breck, and others, who took her to California, where she
ran as an opposition boat on the Sacramento, and was finally sold to the Cali
fornia Steam Navigation Company. The Willamette was a side- wheel steamer
and finished in fine style, but not adapted to the navigation of the Willam
ette River. Athens Workshops, MS., 5; Or. Spectator, Sept. 30, 1851. The
Hoosier, built to run on the upper river, was finished in May 1851, and the
Yamhill in August. In the autumn of the same year a small iron steamer,
called the Bully Washington, was placed on the lower river. This boat was
subsequently taken to the Umpqua, where she ran until a better one, the
Hinsdale, owned by Hinsdale and Lane, was built. The Mnltnornah was also
built this year, followed by the Gazelle, in 1852, handsomely finished, for
the upper river trade. She ran a few months and blew up, killing two per
sons and injuring others. The Castle and the Oregon were also running at
this time. On the Upper Columbia, between the Cascades and The Dalles,
the steamer James P. Flint was put on in the autumn of 1851. She was
owned by D. F. Bradford and others. She struck a rock and sunk while
bringing down the immigration of 1852, but was raised and repaired. She
was commanded by Van Berger, mate J. W. Watkins. Dalles Mountaineer,
May 28, 18(59. The Belle and the Eagfe, two small iron steamers, were run
ning on the Columbia about this time. The Belle was built at Oregon City
for Wells and Williams. The Eagle was brought to Oregon by John Irving,
who died in Victoria in 1874. The Fash/on ran to the Cascades to connect
with the Flint. Further facts concerning the history of steamboating will be
brought out in another part of this work, this brief abstract being intended
only to show the progress made from 1850 to 1853.
PROSPEROUS FARMING. 257
La Creole River with the Willamette. The Yamhill
River was spanned at Lafayette with a strong double-
track bridge placed on abutments of hewn timber,
bolted and filled with earth, and raised fifty feet
above low water.14 This was the first structure of
the kind in the country. The Rockville Canal and
Transportation Company was incorporated in Febru
ary 1853, for the purpose of constructing a basin or
breakwater with a canal at and around the falls of the
Willamette, which work was completed by December
1854, greatly increasing the comfort of travel by
avoiding the portage.15
In 1851 the fruit trees set out in 1847 began to
bear, so that a limited supply of fruit was furnished
the home market;16 and two years later a shipment
was made out of the territory by Meek and Luell-
ing, of Milwaukie, who sold four bushels of apples in
San Francisco for five hundred dollars. The following
year they sent forty bushels to the same market,
which brought twenty-five hundred dollars. In 1861
the shipment of apples from Oregon amounted to over
seventy-five thousand bushels;17 but they no longer
U0r. Statesman, Sept. 23, 1851.
™Id., Feb. 26, 1853. Deady gives some account of this important work
in his Hist. Or., MS., 28. A man named Page from California, representing
capital in that state, procured the passage of the act of incorporation. The
project was to build a basin on the west side of the river above the falls, with
mills, and hoisting works to lift goods above the falls, and deposit them in
the basin, instead of wagoning them a mile or more as had been done. They
constructed the basin, and erected mills at its lower edge. The hoisting
works were made with ropes, wheels, and cages, in which passsengers and
goods were lifted up. Page was killed by the explosion of the Gazelle, owned
by the company, after which the enterprise went to pieces through suits
brought against the company by employes, and the property fell into the
hands of Kelley, one of the lawyers, and Robert Pentland. In the winter of
1860-1, the mills and all were destroyed by fire, when works of a similar
nature were commenced on the east side of the river, where they remained
until the completion of the canal and locks on the west side, of a recent date.
16 On McCaryer's farm, one mile east of Oregon City, was an orchard of
15 acres containing 200 apple-trees, and large numbers of pears, plums, apri
cots, cherries, nectarines, and small fruits. It yielded this year 15 bushels of
currants, and a full crop of the aboA^e-named fruits. Or. Statesman, July 29,
1851. In 1852, R. C. Geer advertised his nursery as containing 42 varieties
of apples, 15 of pears, 5 of peaches, and 6 of cherries. Thomas Cox raised
a Rhode Island greening 12£ inches in circumference, a good size for a young
tree. Id., Dec. 18, 1852.
17 Id., Sept. 22, 1862; Oregonian, July 15, 1862; Overland Monthly, i. 39.
HIST. Oa., VOL. II. 17
253 SURVEYS AND TOWN-MAKING.
were worth their weight in gold. The productiveness
of the country in every way was well established be
fore 1853, as may be seen in the frequent allusions to
extraordinary growth and yield.18 If the farmer was
not comfortable and happy in the period between 1850
and 1860, it was because he had not in him the ca
pacity for enjoying the bounty of unspoiled nature,
and the good fortune of a ready market; and yet
some there were who in the midst of affluence lived
like the starveling peasantry of other countries, from
simple indifference to the advantages of comfort in
their surroundings.1
19
The imports in 1852-3, according to the commerce
and navigation reports, amounted to about $84,000,
but were probably more than that. Direct trade
with China was begun in 1851, the brig Amazon
bringing a cargo of tea, coffee, sugar, syrup, and
other articles from Whampoa to Portland, consigned
to Norris and Company. The same year the schooner
John Alleyne brought a cargo of Sandwich Islands
products consigned to Allen McKinlay and Company
of Oregon City, but nothing like a regular trade with
foreign ports was established for several years later,
and the exports generally went no farther than San
Francisco. Farming machinery did not begin to be
introduced till 1852, the first reaper brought to Ore
gon being a McCormick, which found general use
throughout the territory.20 As might be expected,
society improved in its outward manifestations, and
the rising generation were permitted to enjoy privi-
18 One bunch of 257 stalks of wheat from Geer's farm, Marion county, av
eraged 60 grains to the head. On Hubbard's farm in Yamhill, one head of
timothy measured 14 inches. Oats on McVicker's farm in Clackamas stood
over 8 feet in height. In the Covvlitz Valley one hill of potatoes weighed
53 pounds and another 40. Two turnips would fill a half-bushel measure.
Tolmie, at Nisqually, raised an onion that weighed a pound and ten ounces.
Columbian, Nov. 18, 1851. The troops at Steilacoom raised on 12 acres of
ground 5,000 bushels of potatoes, some of which weighed two pounds each.
Or. Spectator, Nov. 18, 1851.
™I)e Boio's EncycL, xiv. 603-4; Fisher and Colbtfs Am. Statistics, 429-30.
20 Or. Statesman, July 24, 1852.
TRADE AND SOCIETY. 259
leges which their parents had only dreamed of when
they set their faces toward the far Pacific — the priv
ileges of education, travel, and intercourse with older
countries, as well as ease and plenty in their Oregon
homes.21 And yet this was only the beginning of the
end at which the descendants of the pioneers were
entitled by the endurance of their fathers to arrive.
21 The 7th U. S. census taken in 1850 shows the following nativities for Or
egon: Missouri, 2,206; Illinois, 1,023; Kentucky, over 700; Indiana, over 700;
Ohio, over 600; New York, over 600; Virginia, over 400; Tennessee, over 400;
Iowa, over 400; Pennsylvania, over 300; North Carolina, over 200; Massachu
setts, 187; Maine, 129; Vermont, 111; Connecticut, 72; Maryland, 73; Arkan
sas, 61; New Jersey, 69; and in all the other states less than 50 each, the
smallest number being from Florida. The total foreign population was 1, 159,
300 of whom were natives of British America, 207 English, about 200 Irish,
over 100 Scotch, and 150 German. The others were scattering, the greatest
number from any other foreign country being 45 from France; unknown, 143;
in all 13,043. Abstract of the 7th Census, 16; Moseletfs Or., 1850-75, 93;
De Bow's EncycL, xiv. 591-600. These are those who are more strictly
classed as pioneers; those who came after them, from 1850 to 1853, though
assisting so much, as I have shown, in the development of the territory, were
only pioneers in certain things, and not pioneers in the larger sense.
CHAPTEE X.
LAND LAWS AND LAND TITLES.
1851-1855.
THE DONATION LAW — ITS PROVISIONS AND WORKINGS — ATTITUDE OF CON
GRESS — POWERS OF THE PROVISIONAL GOVERNMENT — QUALIFICATION OF
VOTERS — SURVEYS — RIGHTS OF WOMEN AND CHILDREN — AMEND-
MENTS — PREEMPTION PRIVILEGES — DUTIES OF THE SURVEYOR GENERAL
— CLAIMANTS TO LANDS OF THE HUDSON'S BAY AND PUGET SOUND COM
PANIES — MISSION CLAIMS — METHODISTS, PRESBYTERIANS, AND CATHO
LICS—PROMINENT LAND CASES— LITIGATION IN REGARD TO THE SITE OF
PORTLAND — THE RIGHTS OF SETTLERS— THE CARUTHERS CLAIM — THE
DALLES TOWN-SITE CLAIM — PRETENSIONS OF THE METHODISTS — CLAIMS
OF THE CATHOLICS — ADVANTAGES AND DISADVANTAGES OF THE DONATION
SYSTEM.
A SUBJECT which was regarded as of the highest
importance after the passage of the donation act of
September 27, 1850, was the proper construction of
the law as applied to land claims under a variety of
circumstances. A large amount of land, including
the better portions of the Willamette Valley, had
been taken, occupied, and to some extent improved
under the provisional government, and its land law;
the latter having undergone several changes to adapt
it to the convenience and best interests of the people,
as I have noted elsewhere.
The provisional legislative assemblies had several
times memorialized congress on the subject of con
firming their acts, on establishing a territorial gov
ernment in Oregon, chiefly with regard to preserving
the land law intact. Their petition was granted with
regard to every other legislative enactment excepting
that affecting the titles to lands; and with regard to
(260)
^f%
DONATION LA\* UKIVERSITY
this, the organic act expressly saiotfett^SsPffB pre
viously passed in any way affecting the title to lands
should be null and void, and the legislative assembly
should be prohibited from passing any laws interfer
ing with the primary disposal of the soil which be
longed to the United States. The first section of
that act, however, made an absolute grant to the mis
sionary stations then occupied, of 640 acres, with the
improvements thereon.
Thus while the missionary stations, if there were
any within the meaning of the act of that time, had
an incontrovertible right and title, the settlers, whose
means were often all in their claims, had none what
ever; and in this condition they were kept for a
period of two years, or until the autumn of 1850,
when their rights revived under the donation law,
whose beneficent provisions all recognized.
This law, which I have not yet fully reviewed, pro
vided in the first place for the survey of the public
lands in Oregon. It then proceeded to grant to every
white settler or occupant of the public lands, Ameri
can half-breeds included, over eighteen years of age,
and a citizen of the United States, or having declared
his intention according to law of becoming such, or
who should make such declaration on or before the
first day of December 1851, then residing in the ter
ritory, or becoming a resident before December 1850
— a provision made to include the immigration of that
year — 640 acres to a married man, half of which was
to belong to his wife in her own right, and 320 acres
to a single man, or if he should become married within
a year from the 1st of December 1850, 320 more to
his wife, no patents to issue until after a four years5
residence.
At this point for the first time the act took cog
nizance of the provisional law making the surviving
children or heirs of claimants under that law the le
gal heirs also under the donation law; this provision
applying as well to the heirs of aliens who had de-
262 LAND LAWS AND LAND TITLES.
clared their intention to become naturalized citizens
of the United States, but who died before completing
their naturalization, as to native-born citizens. The
several provisos to this part of the land law declared
that the donation should embrace the land actually
occupied and cultivated by the settler thereon; that
all sales of land made before the issuance of patents
should be void ; and lastly, that those claiming under
the treaty with Great Britain could not claim under
the donation act.
Then came another class of beneficiaries. All white
male citizens of the United States, or persons who
should have made a declaration of their intention to
become such, above twenty-one years of age, and emi
grating to and settling in Oregon after December 1,
1850, and before December 1, 1853, and all white male
American citizens not before provided for who should
become twenty-one years of age in the territory be
tween December 1851 and December 1853, and who
should comply with the requirements of the law as
already stated, should each receive, if single, 160 acres
of land, and if married another 160 to his wife, in her
own right; or if becoming married within a year after
his arrival in the territory, or one year after becoming
twenty-one, the same. These were the conditions of
the gifts in respect of qualifications and time.
But further, the law required the settler to notify
the surveyor general within three months after the
survey had been made, where his claim wras located;
or if the settlement should commence after the survey,
then three months after making his claim; and the
law required all claims after December 1, 1850, to be
bounded by lines running east and west and north
and south, and to be taken in compact form. Proof
of having commenced settlement and cultivation had
to be made to the surveyor general within twelve
months after the survey or after settlement. All these
terms being complied with, at any time after the expira
tion of four years from date of settlement the sur-
CONDITIONS AND QUESTIONS. 263
veyor general might issue a certificate, when, upon
the proof being complete, a patent would issue from
the commissioner of the general land office to the
holder of the claims. The surveyor general was fur
nished with judicial power to judge of all questions
arising under the act; but his judgment was not ne
cessarily final, being preliminary only to a final decision
according to the laws of the territory. These were
the principal features of the donation law.1
In order to be able to settle the various questions
which might arise, it was necessary first to decide what
constituted naturalization, or how it was impaired.
The first case which came up for consideration was
that of John McLoughlin, the principal features of
which have been given in the history of the Oregon
City claim. It was sought in this case to show a
flaw in the proceedings on account of the imperfect
organization of the courts. In the discussion which
followed, and for which Thurston had sought to pre
pare himself by procuring legal opinions beforehand,
considerable alarm was felt among other aliens. S. M.
Holderness applied to Judge Pratt, then the only dis
trict judge in the territory, on the 17th of May 1850,
to know if the proceedings were good in his case, as
many others were similarly situated, and it was im
portant to have a precedent established.
Pratt gave it as his opinion that the Clacliamas
county circuit court, as it existed on the 27th of
March 1849, was a competent court, within the mean
ing of the naturalization laws, in which a declaration
of intention by an alien could be legally made as a
preparatory step to becoming a citizen of the United
States; the naturalization power being vested in con
gress, which had provided that application might be
made to any circuit, district, or territorial court, or to
any state court which was a court of record, having a
lSee U. 8. H. Ex. Doc. ii., vol. ii. pt iii. 5-8, 32d cong. 1st sess.; Deadtfs
Or. Laws, 1845-64, 84-90; Deadtfs Or. Gen. Laws, 1843, 72, 63-75.
264 LAND LAWS AND LAND TITLES.
seal and clerk; and the declaration might be made
before the clerk of one of the courts as well as before
the court itself. The only question was whether the
circuit court of Clackamas county, in the district of
Oregon, was on the 24th of March, 1849, or about that
time, a territorial court of the United States.
Congress alone had authority to make all needful
rules and regulations respecting the territory and
other property of the United States, and that power
was first exercised in Oregon, and an organized gov
ernment given to it by the congressional act of Au
gust 14, 1848. It went into effect, and the territory
had a legal existence from and after its passage, and
the laws of the United States were at the same time
extended over the territory, amongst the others, that
of the naturalization of aliens. But it was admitted
that the benefits to be derived from proceedings un
der these laws would be practically valueless unless
the machinery of justice was at the same time pro
vided to aid in their administration and enforcement.
Congress had not omitted this; but there existed an
extraordinary state of things in Oregon which made
it unlike other territorial districts at the date of its
organization. Unusual means had therefore been pro
vided to meet the emergency. Without waiting to go
through the ordinary routine of directing the electing
of a legislative body to assemble and frame a code of
statutes, laws were at once provided by the adoption
of those already furnished to their hand by the neces
sities of the late provisional government; and in ad
dition to extending the laws of the United States
over the territory, it was declared that the laws thus
adopted should remain in force until modified or re
pealed. Congress had thus made its own a system
of laws which had been in use by the people before
the territory had a legal existence. Among those
laws was one creating and establishing certain courts
of record in each county, known as circuit courts; and
one of those courts composing the circuit was that of
ATTITUDE OF CONGRESS. 265
the county of Clackamas, which tribunal congress had
adopted as a territorial court of the United States.
The permanent judicial power provided for in the or
ganic act was not in force, or had not superseded the
temporary courts, because it had not at that time en
tered upon the discharge of its duties, Chief Justice
Bryant not assuming the judicial ermine in Oregon
until the 23d of May 1849, the cases in question oc
curring in March.2 To the point attempted to be made
later, that there had been no court because of the ir
regularity of the judges in convening it, he replied
that the court itself did not cease to exist, after being
established, because there was no judge to attend to
its duties, the clerk continuing in office and in charge
of the records.3
There had been a contest immediately after the es
tablishment of the territorial government concerning
the right of the foreign residents to vote at any elec
tion after the first one, for which the organic act had
distinctly provided, and a strong effort had been made
to declare the alien vote of 1849 illegal. The first
territorial legislature, in providing for and regulating
general elections and prescribing the qualifications of
voters, declared that a foreigner must be duly natu
ralized before he could vote, the law being one of those
adopted from the Iowa statutes. One party, of whom
Thurston was the head, supported by the missionary
interest, strenuously insisted upon this construction
of the 5th section of the organic law, because at the
election which made Thurston delegate the foreign-
born voters had not supported him, and with him the
measures of the missionary class.
The opinion of the United States judges being
2 In Pratt's opinion on the location of the seat of government, he reiterates
this belief, and says that both he and Bryant held that 'no power existed by
which the supreme court could be legally held before the seat of government
was established.' Or. Statesman, Jan. 6, 18.12. According to this belief, the
proceedings of the district courts were illegal for nearly two years.
3 Or. Spectator, May 22, 1851.
266 LAND LAWS AND LAND TITLES.
asked, Strong replied to a letter of Thurston's, con
firming the position taken by the delegate, that after
the first election, until their naturalization was com
pleted, no foreigner could be allowed to vote.4 The
inference was plain ; if not allowed to vote, not a citi
zen ; if not a citizen, not entitled to the benefits of the
land law. Thurston also procured the expression of
a similar opinion from the chairman of the judiciary
of the house of representatives, and from the chairman
of the committee on territories, which he had pub
lished in the Spectator. Under these influences, the
legislature of 1850-1 substantially reenacted the
Iowa law adopted in 1849, but Deady succeeded in
procuring the passage of a proviso giving foreigners
who had resided in the country five years prior to that
time, and who had declared, as most of them had,
their intention of becoming citizens, a right to vote.5
The Thurston interest, asserting that congress had
not intended to invest the foreign-born inhabitants of
Oregon with the privileges of citizens, declared that
it was not necessary that the oath to support the gov
ernment of the United States and the organic act
should be taken before a court of record, but might
for such purpose be done before a common magistrate.
Could they delude the ignorant into making this error,
advantage could be taken of it to invalidate subsequent
proceedings. But Pratt pointed out that while part
of the proceedings, namely, the taking of the oath re
quired, could have been done before a magistrate, the
declaration of intention to become a citizen could only
be made according to the form and before the court
prescribed in the naturalization laws; and that the
act of congress setting forth what was necessary to
be done to become entitled to the right to vote at the
first election in Oregon did not separate them — from
4 Or. Spectator, Nov. 28, 1850.
5 Deady says he had a 'hard fight.' The proviso was meant, and was
understood to mean, the restoration to McLoughlin, and the British subjects
who had always lived in the country, of the elective franchise. Hist. Or., MS.,
81.
LEGISLATIVE ACTION. 267
which it was plain that congress meant to confer upon
the alien population of Oregon the privileges of citi
zenship without delay, and to cement the population
of the territory as it stood when it asked that its pro
visional laws should be adopted.
The meaning of the 5th section of the organic act
should have been plain enough to any but prejudiced
minds. In the first place, it required the voter to be
a male above the age of twenty-one years, and a resi
dent of the territory at the time of the passage of
the act. The qualifications prescribed were, that he
should be a citizen of the United States of that age,
or ,that being twenty-one he should have declared on
oath his intention to become a citizen, and have taken
the oath to support the constitution of the United
States and the provisions of the organic act. This
gave him the right to vote at the first election, and
made him eligible to office; but the qualifications of
voters and office-holders at all subsequent elections
should be prescribed by the legislative assembly.
This did not mean that the legislature should enact
laws contrary to this which admitted to citizenship all
those who voted at the first election, by the very
terms required, namely, to take the oath of allegiance
and make a declaration of an intention to assume the
duties of an American citizen; but that after having
set out on its territorial career under these conditions,
it could make such changes as were found necessary
or desirable thereafter not in conflict with the organic
act. The proof of this position is in the fact that
after and not before giving the legislature the priv
ilege, comes the proviso containing the prescribed
qualifications of a voter which must go into the ter
ritorial laws, the same being whose which entitled any
white man to vote at the first election. Having once
taken those obligations which were forever to make
him a citizen of the United States by the organic
act, the legislature had no right, though it exercised
the assumed power, to disfranchise those who voted
268 LAND LAWS AND LAND TITLES.
at the first election. When in 1852-3 the legislature
amended the laws regulating elections, it removed in
a final manner the restrictions which the Thurston
democracy had placed upon foreign-born residents of
the country. By the new law all white male inhab
itants over twenty-one years of age, having become
naturalized, or having declared their intention to
become citizens, and having resided six months in the
territory, and in the county fifteen days next preced
ing the election, were entitled to vote at any election
in the territory.
To return to the donation law and its construction.
Persons could be found who were doubtful of the
meaning of very common words when they came to
see them in a congressional act, and who were unable
to decide what 'settler' or 'occupant' meant, or how
to construe 'improvement' or 'possession.' To help
such as these, various legal opinions were submitted
through the columns of newspapers ; but it was gen
erally found that a settler could be absent from his
claim a great deal of his time, and that occupation
and improvement were defined in accordance with the
means and the convenience of the claimant.6
The survey or- general, who arrived in Oregon in
time to begin the surveys of the public lands in Oc
tober, 1851, had before him a difficult labor.7 The
survey of the Willamette meridian was begun at
6 See Home Missionary, vol. 24, 156. Thornton held that there was snch
a thing as implied residence, and that a man might be a resident by the res
idence of his agent; and cited Kent's Com., 77. Also that a claimant whose
dwelling was not on the land, but who improved it by the application of his
personal labor, or that of his hired man, or member of his family, could demand
a patent at the expiration of four years. See opinion of J. Q. Thornton in
Or. Spectator, Jan. 16, 1851. It is significant that in these discussions and
opinions in which Thornton took a prominent part at the time, he laid no
claim to the authorship of the land law. To do this was an afterthought.
Mrs Odell, in her Bioyrophy of Thurston, MS., 28, remarks upon this.
1 Cong. Globe, app., 1852-3, vol. xxvii. 331, 32d cong. 2d sess.; U. 8.
H. Ex. Doc. 2, vol. ii. ptiii. 5-8, 32d cong. 1st sess. The survey was con
ducted on the method of base and meridian lines, and triangulations from
fixed stations to all prominent objects within the range of the theodolite, by
means of which relative distances were obtained, together with a general
knowledge of the country, in advance of the linear surveys. Id.
SETTLERS AND SURVEYS. 269
the upper mouth of the Willamette Kiver, and the
base line 7f miles south, in order to avoid the Co
lumbia Eiver in extending the base line east to the
Cascade Mountains. The intersection of the base
and meridian lines was 3£ miles west of the Wil
lamette. The reason given for fixing the point of
beginning at this place was because the Indians were
friendly on either side of the line for some distance
north and south, and a survey in this locality would
best accommodate the immediate wants of the set
tlers.8 But it was soon found that the nature of the
country through which the initial lines were run
would make it desirable in order to accommodate
the settlers to change the field of operations to the
inhabited valleys,9 three fourths of the meridian
line north of the base line passing through a coun
try broken and heavily timbered. The base line
east of the meridian to the summit of the Cascade
Mountains also passed through a densely timbered
country almost entirely unsettled. But on the west
side of the meridian line were the Tualatin plains,
this section of the country being first to be benefited
by the survey.
On the 5th of February, 1852, appeared the first
notice to settlers of surveys that had been completed
in certain townships, and that the surveyor general
was prepared to receive the notifications of their re
spective claims and to adjust the boundaries thereof,
he being made the arbiter and register of all donation
claims.10 At the same time settlers were advised
that they must have their claims surveyed and cor-
*R?pt of Preston in U. S. H. Ex. Doc. 52, 1851-2, v. 23, 31st cong. 1st
??*!•** was done bv Thurston's advice. See Cong. Globe, 1849-50, Si pt
11. 1077, 31st cong. 1st sess.
9 William Ives was the contractor for the survey of the base line and Wil
lamette meridian north of it; and James Freeman of the Willamette me
ridian south of it, as far as the Umpqua Valley.
10 The first surveys advertised were of township 1 north, range 1 east-
townships 7 and 8 south, range 1 west; and township 7 south, ran|e 3 and 4
•west, ihe oldest patents issued for donation claims are those in Washington
UUn the °reg°n Clty 10tS may be °lder* See ^ Spectator, Feb.
270 LAND LAWS AND LAND TITLES.
ners established before the government survey was
made, in order that they might be able to describe
their boundaries by courses, distances, metes, and
bounds, and to show where their lines intersected the
government lines, claims being generally bounded
according to the fancy or convenience of the owner,
instead of by the rectangular method adopted in the
public surveys.
The privilege of retaining their claims as they had
taken them was one that had been asked for by me
morial, but which had not been granted without qual
ification in the land law. Thurston had explained
how the letter of the law was to be evaded, and had
predicted that the surveyor general would be on the
side of the people in this matter.11 Preston, as had
been foreseen, was lenient in allowing irregular boun
daries; a map of that portion of Oregon covered by
donation claims presenting a curious patchwork of
parallelograms with angles obtuse, and triangles with
angles of every degree. Another suggestion of the
surveyor general was that settlers on filing their no
tifications, date of settlement, and making proof of
citizenship, should state whether they were married;12
for in the settlement of Oregon and the history of
its division among the inhabitants, marriage had been
made to assume unusual importance. Contrary to all
precedent, the women of this remote region were
placed by congress in this respect upon an equality
with the men — it may be in acknowledgment of their
having earned in the same manner and measure a right
to be considered creditors of the government, or the
men may have made this arrangement that they
through their wives might control more land. It had,
it is true, limited this equality to those who were mar
ried, or had been married on starting for Oregon,
13
11 Letter to the Electors of Oregon, 8.
12 Portland Oregonian, Feb. 7, 1852.
13 'As respects grants of land, they will be placed upon the same footing
as male citizens, provided that such widows were in this country before De-
WOMEN AND CHILDREN. 271
but it was upon the presumption that there were no
unmarried women in Oregon, which was near the
truth. Men took advantage of the law, and to be able
to lord it over a mile square of land married girls no
more than children, who as soon as they became wives
were entitled to claim half a section in their own
right;14 and girls in order to have this right married
without due consideration.
Congress had indeed, in its effort to reward the set
tlers of Oregon for Americanizing the Pacific coast,
refused to consider the probable effects of its bounty
upon the future of the country, though it was not un
known what it might be.15 The Oregon legislature,
notwithstanding, continued to ask for additional grants
and favors; first in 1851-2, that all white American
women over eighteen years of age who were in the
territory on the 1st of December 1850, not provided
for in the donation act, should be given 320 acres of
land; and to all white American women over twenty-
one who had arrived in the territory or might arrive
between the dates of December 1, 1850, and Decem
ber 1, 1853, not provided for, 160 acres; no woman
to receive more than one donation, or to receive a
patent until she had resided four years in the terri
tory.
It was also asked that all orphan children of white
parents, residing in the territory before the 1st of
December, 1850, who did not inherit under the act,16
cember 1, 1850, and are of American birth.' Or. Spectator, May 8, 1851.
Thurston in his Letter to the Electors remarks that this feature of the dona
tion act was a popular one in congress, and that he thought it just.
14 It has been decided that the words 'single man' included an unmarried
woman. 7 Wall., 219. See Deady's Gen. Laws Or., 1843-72. But I do not
see how under that construction a woman could be prevented holding as a
' single man ' first and as a married woman afterward, because the patent to
her husband, as a married man, would include 640 acres, 320 of which would
be hers.
15 'They said it would be injurious to the country schools, by preventing
the country from being thickly settled; that it would retard the agricultural
growth of the country; and though it would meet the case of many deserv
ing men, it would open the door to frauds and speculations by all means to
be avoided.' Thurstorts Letter to the Electors of Oregon, 8; Beadle's Undev.
West, 762-3; Home Missionary, vol. 26, p. 45.
16 Those whose parents had died in Oregon before the passage of the law
272 LAND LAWS AND LAND TITLES.
should be granted eighty acres each; and that all
orphan children whose parents had died in coming to
or after arriving in Oregon between 1850 and 1853
should receive forty acres of land each.17
Neither of these petitions was granted18 at the
time, while many others were offered by resolution or
otherwise. As the period was expiring when lands
would be free, it began to be said that the time should
be extended, even indefinitely, and that all lands
should be free.19
There was never, in the history of the world, a
better opportunity to test the doctrine of free land,
nor anything that came so near realizing it as the set
tlement of Oregon. Could the government have re
stricted its donations to the actual cultivators of the
soil, and the quantity to the reasonable requirements
of the individual farmer, the experiment would have
been complete. But since the donation was in the
nature of a reward to all classes of emigrants alike,
this could not be done, and the compensation had to
be ample.
Some persons found it a hardship to be restrained
from selling their land for a period of four years,
and preferred paying the minimum price of $1.25 an
acre to waiting for the expiration of the full term.
Accordingly, in February 1853, the donation law was
so amended that the survey or -general might receive
did not come under the requirements of the donation act; nor those whose
parents had died upon the road to Oregon. As they could not inherit, a di
rect grant was asked.
17 Or. Statesman, Dec. 16, 1851.
18 Heirs of settlers in Oregon who died prior to Sept. 27, 1850, cannot in
herit or hold land by virtue of the residence and cultivation of their ances
tors. Ford vs Kennedy, 1 Or. 166. The daughter of Jason Lee was portion
less, while the children of later comers inherited.
19 See Or. Statesman, Nov. 6, 1853. A resolution offered in the assembly
of 1852-3 asked that the land east of the Cascade mountains should be im
mediately surveyed, and sold at the minimum price, in quantities not exceed
ing 640 acres to each purchaser; the money to be applied to the construction
of that portion of the contemplated Pacific railroad west of the Rocky Moun
tains. This was the first practical suggestion of the Oregon legislature con
cerning the overland railroad, and appropriated all or nearly all the land in
Oregon to the use of Oregon, the western portion except that north of the
Columbia being to a great extent claimed.
WORKINGS OF THE LAW. 273
this money after two years of settlement in lieu of the
remaining two years, the rights of the claimant in the
event of his death to descend to his heirs at law as
before. By the amendatory act, widows of men who
had they lived would have been entitled to claim under
the original act were granted all that their husbands
would have been entitled to receive had they lived,20
and their heirs after them.
By this act also the extent of all government res
ervations was fixed. For magazines, arsenals, dock
yards, and other public uses, except for forts, the
amount of land was not to exceed twenty acres to
each, or at one place, nor for forts more than 640
acres.21 If in the judgment of the president it should
be necessary to include in any reservation the improve
ments of a settler, their value should be ascertained
and paid. The time fixed by this act for the expira
tion of the privileges of the donation law was April
1855, when all the surveyed public lands left unclaimed
should be subject to public sale or private entry, the
same as the other public lands of the United States.
The land law of Oregon was again amended in July
1854, in anticipation of the coming into market of the
public lands, by extending to Oregon and Washington
the preemption privilege granted September 4, 184 L,
to the people of the territories, to apply to any un
claimed lands, whether surveyed or not. For the
convenience of the later settlers, the time for giving
notice to the surveyor general of the time and place
of settlement was once more extended to December
1855, or the last moment before the public lands be
came salable. The act of 1854 declared that the do
nations thereafter should in no case include a town
site or lands settled upon for purposes of business or
20 See previous note 13. The surveyor general had before so construed the
law.
21 This was a great relief to the immigration at The Dalles, where the mil
itary had taken up ten miles square of land, thereby greatly inconveniencing
travellers by depriving their stock of a range anywhere near the usual place
of embarkation on the Columbia.
HIST. OB., VOL. II. 18
274 LAND LAWS AND LAND TITLES.
trade, and not for agriculture; but the legal subdivi
sions included in such town sites should be subject to
the operations of the act of May 23, 1844, " for the
relief of citizens of towns upon lands of the United
States, under certain circumstances."2 The proviso
to the 4th section of the original act, declaring void all
sales of lands before the issue of the patents therefor,
was repealed, and sales were declared invalid only
where the claimant had not resided four years upon
the land. By these terms two subjects which had
greatly troubled the land claimants were disposed of;
those who had been a long time in the country could
sell their lands without waiting for the issuance of
their patents, and those who had taken claims and
laid out towns upon natural town-sites \vere left un
disturbed.23 This last amendment to the donation
law granted the oft-repeated prayer of the settlers
that the orphan children of the earliest immigrants
who died before the passage of the act of September
27, 1850, should be allowed grants of land, the dona
tion to this class being 160 acres each. Under this
amendment Jason Lee's daughter could claim the
small reward of a quarter-section of land for her
father's services in colonizing the country. These
orphans' claims were to be set off to them by the sur
veyor general in good agricultural land, and in case of
the decease of either of them their rights vested in
the survivors of the family. Such was the land law
as regarded individuals.
This act, besides, extended to the territory of Wash-
22 This act provided that when any of the surveyed public lands had been
occupied as a town site, and was not therefore subject to entry under the ex
isting laws, in case the town were incorporated, the judges of the county
court for that county should enter it at the proper land office, at the mini
mum price, for the several use and benefit of the occupants thereof according
to their respective interests, the proceeds of the sales of lots to be disposed of
according to rules and regulations prescribed by the legislature; but the land
must be entered prior to the commencement of the public sale of the body of
land in which the town site was included. See note on p. 72, Gen. Laws Or.
23 Many patents never issued. It was held by the courts that the law act
ually invested the claimant who had complied with its requirements with the
ownership of the land, and that the patent was simply evidence which did
not affect the title. JDeady's Scraps, 5.
OREGON CITY CLAIM. 275
ington all the provisions of the Oregon land law, or
any of its amendments, and authorized a separate corps
of officers for this additional surveying district, whose
duties should be the same as those of the surveyor
general, register, and receiver of Oregon. It also
gave two townships of land each to Oregon and
Washington in lieu of the two townships granted
by the original act to Oregon for university purposes.
Later, on March 12, 1860, the provisions of the act
of September 28, 1850, for aiding in reclaiming the
swamp lands of Arkansas, were extended to Oregon,
by which the state obtained a large amount of valua
ble lands, of which gift I shall have something to say
hereafter.
From the abstract here given of the donation law
at different periods, my reader will be informed not
only of the bounty of the government, but of the
onerous nature of the duties of the surveyor-general.
*/ O
who was to adjudicate in all matters of dispute or
question concerning land titles. His instructions au
thorized and required him to settle the business of
the Oregon City claim by notifying all purchasers,
donees, or assigns of lots or parts of lots acquired
of McLoughlin previous to March 4, 1849, to present
their evidences of title, and have their land surveyed,
in order that patents might be issued to them; and
this in 1852 was rapidly being done.24
His special attention was directed to the third
article of the treaty of 1846, between the United
States and Great Britain, which provided that in the
future appropriation of the territory south of 49° north
latitude, the possessory rights25 of the Hudson's Bay
24 U. S. H. Ex. Doc. 52, v. 25, 32d cong. 1st sess.
25 This subject came up in a peculiar shape as late as 1871, when H. W.
Corbett was in the U. S. senate. A case had to be decided in the courts of
Oregon in 1870, where certain persons claimed under William Johnson, who
before the treaty of 1846 settled upon a tract of land south of Portland.
But Johnson died before the land law was passed, and the courts decided
that in this case Johnson had first lost his possessory rights by abandoning
the claim; by dying before the donation law was passed, he was not provided
276 • LAND LAWS AND LAND TITLES.
Company, and of all British subjects who should be
found already in the occupation of land or other
property lawfully acquired, within the said territory,
should be respected; and to the fourth article, which
declared that the farms, lands, and other property
belonging to the Puget Sound Agricultural Company
on the north side of the Columbia, should be con
firmed to the said company, with the stipulation that
in case the situation of these farms and lands should
be considered by the United States to be of public
and political importance, and the United States gov
ernment should signify a desire to obtain possession
of the whole or any part thereof, the property so re
quired should be transferred to the said government
at a proper valuation, to be agreed upon between the
parties. The commissioner directed the surveyor-
general to call upon claimants under the treaty, or
their agents, to present to him the evidence of tliQ
rights in which they claimed to be protected by the
treaty, and to show him the original localities and
boundaries of the same which they held at the elate
of the treaty; and he was not required to survey in
sections or minute subdivisions the land covered by
such claims, but only to extend the township lines
over them, so as to indicate their relative position and
connection with the public domain.
The surveyor-general reported with regard to these
claims, that McLoughlin, who had recently become a
naturalized citizen of the United States, had given
notice September 29, 1852, that he claimed under the
treaty of 1846 a tract of land containing 640 acres,
which included Oregon City within its boundaries,
and that he protested against any act that would dis-
for in that act, and therefore had no title either under the treaty or the land
law by which his heirs could hold. This raised a question of law with regard
to the heirs of British residents of Oregon before the treaty of 1846; and Cor-
bett introduced a bill in the senate to extend the rights of citizenship to
half-breeds born within the territory of Oregon previous to 1846, and now
subject to the jurisdiction of tho United States, which was passed. Sup. Court
Decisions, Or. Laws, 1870, 227-9; Cong. Globe, 1871-2, app. 730, 42 J. cong. 2d
sess.; Conj. Globe, 1871-2, part il, p. 1179, 42d cong. 2d sess.
HUDSON'S BAY COMPANY. 277
turb his possession, except of the portion sold or
granted by him within the limits of the Oregon City
claim.26
As to the limits of the Hudson's Bay Company's
claim in the territory, it was the opinion of chief fac
tor John Ballenden, he said, that no one could state
the nature or define the limits of that claim. He
called the attention of the general land commissioner,
and through him of the government, to the fact that
settlers were claiming valuable tracts of land included
within the limits of that claimed by the Hudson's
Bay and Puget Sound companies, and controversies
had arisen not only as to the boundaries, but as to the
rights of the companies under the treaty of 1846; and
declared that it was extremely desirable that the na
ture of these rights should be decided upon.27 To de
cide upon them himself was something beyond his
power, and he recommended, as the legislative assem
bly, the military commander, and the superintendent
of Indian affairs had done, that the rights, whatever
they were, of these companies, should be purchased.
To this advice, as we know, congress turned a deaf
ear, until squatters had left no land to quarrel over.
The people knew nothing and cared less about the
rights of aliens to the soil of the United States. In
the mean time the delay multiplied the evils complained
of. Let us take the site of Vancouver as an example.
Either it did or it did not belong to the Hudson's Bay
Company by the terms of the treaty of 1846. If it
did, then it was in the nature of a grant to the com
pany, from the fact that the donation law admitted
the right of British subjects to claim under the
treaty, by confining them to a single grant of land,
and leaving it optional with them whether it should
26 1 have already shown that having become an American citizen, McLough-
lin could not claim under the treaty. See Deady's Or. Laws, 1845-64, 56-7.
McLoughlin was led to commit this error by the efforts of his foes to destroy
his citizenship.
27 U. 8. II . Ex. Doc. 14, iii. 14-17, 32d cong. 2d sess.; Olympia Columbian,
April 9, 1853.
278 LAND LAWS AND LAND TITLES.
be under the treaty or under the donation law.28 In
one case, however, it limited the amount of land, and
in the other it did not. But there was no provision
made in the donation law, the organic act, or any
where else by which those claiming under the treaty
could define their boundaries or have their lands sur
veyed and set off to them. The United States had
simply promised to respect the company's rights to
the lands, without inquiring what they were. They
had promised also to purchase them, should it be found
they were of public or political importance, and to
pay a proper valuation, to be agreed upon between
the parties. But the citizens of the United States,
covering the lands of the Hudson's Bay and Puget
Sound Agricultural companies with claims, under the
donation law, deprived both companies and the United
States of their possession.
One of the settlers — or, as they were called, squat
ters — on the Hudson's Bay Company's lands was
Amos M. Short, who claimed the town site of Van
couver.29 When he first went on the lands, before
the treaty, the company put him off. But he per
sisted in returning, and subsequently killed two men
to prevent being ejected by process of law. Never
theless, when the donation law was passed Short took
no steps to file a notification of his claim. Perhaps
he was waiting the action of congress with regard to
the Hudson's Bay Company's rights. While he waited
he died, having lost the benefits of the act of Septem
ber 27, 1850, by delay. In the mean time congress
passed the act of the 14th of February, 1853, permit
ting all persons who had located or might hereafter
locate lands in that territory, in accordance with the
provisions of the law of 1850, in lieu of continued
occupation, to purchase their claims at the rate of
$1.25 an acre, provided they had been two years
™Deady's Gen. Laws Or., 1845-64, 86.
<J9 1 have given a part of Short's history on page 793 of vol. i. He was
drowned when the Vandalia was wrecked, in January 1853.
VANCOUVER CLAIM. 279
upon the land. The widow of Short then filed a
notification under the new act, and in order to secure
the whole of the 640 acres, which might have been
claimed under the original donation act, dated the
residence of her husband and herself from 1848. Bat
Mrs Short, whose notification was made in October
1853, was still too late to receive the benefit of the
new act, as Bishop Blanchet had caused a similar
notification to be made in May, claiming 640 acres
for the mission of St James30 out of the indefinite
grant to the Hudson's Bay Company. Though the
company's rights of occupancy did not expire until
1859, the bishop chose to take the same view^ held
by the American squatters, and claimed possession at
Vancouver, where the priests of his church had been
simply guests or chaplains, under the clause in the
organic act giving missions a mile square of land;
and the surveyor general of Washington Territory
decided in his favor.31 No patent was however issued
to the catholic church, the question of the Hudson's
Bay Company's claim remaining in abeyance, and the
decision of the surveyor general being reversed by
the commissioner of the general land office, after
which an appeal was taken to the secretary of the
interior.32
30 Says Roberts: 'Even the catholics tried to get the land at Vancouver. . .
In the face of the llth section of the donation law, by which people \vere
precluded from interfering with the company's lands, how could Short, the
Roman catholics, and others do as they didV ' B^collections, MS., 90, 93.
31 The papers show that the mission notification was on file before any
claims were asserted to contiguous lands. It is the oldest claim. Its recog
nition is coeval with the organization of Oregon, and was a positive grant
more than two years before any American settler could acquire an interest
in or title to unoccupied public lands. Report of Surveyor General, in Claim
ofSt James Mission, 21; Olympw. Standard, April 5, 1862.
32 The council employed for the mission furnished elaborate arguments on
the side of the United States, as against the rights of the Hudson's Bay Corn-
'The fundamental
pose 01 these lands pending tne "iiiueiuuw nguM ui mu uuuwiu o ua,y ^v *"~
pany. We have seen that as to time they were not indefinite, but had a fixed
termination in May 1859. But either way, how can the United States at the
same time deny their right to appropriate or dispose of the lands permanently,
only respecting the possessory rights of the company, and yet in 1849, 1850,
1853, or 1854 have made such appropriation (for military purposes) and per
manent disposition, and now set it up against its grant to us in 1848?. . .It ia
280 LAND LAWS AND LAND TITLES.
The case not being definitely decided, a bill was
brought before congress in 1874 for the relief of the
catholic mission of St James, and on being referred
to the committee on private land claims, the chairman
reported that it was the opinion of the committee
that the mission was entitled to 640 acres under the
act of August 14, 1848, and recommended the passage
of the bill, with an amendment saving to the United
States the right to remove from the premises any
property, buildings, ur other improvements it might
have upon that portion of the claim covered by the
military reservation.33 But the bill did not pass; and
in 1875, a similar bill being under advisement by the
committee on private land claims, the secretary of
war addressed a letter to the committee, in which he
said that the military reservation was valued at a
million dollars, and that the claim of the St James
mission covered the whole of it; and that the war de
partment had always held that the religious establish
ment of the claimants was not a missionary station
among Indian tribes on the 14th of August 1848, and
that the occupancy of the lands in question at that
date was not such as the act of congress required.
The secretary recommended that the matter go before
a court and jury for final adjustment, on the passage
of an act providing for the settlement of this and sim
ilar claims.34
Again in 1876, a bill being before congress whose
object was to cause a patent to be issued to the St
James mission, the committee on private land claims
said that the United States had title to the lands, yet it could not dispose of
them absolutely in prcesenti, so that the grantee could demand immediate pos
session. Granted, so far as the Hudson's Bay Company was upon these lands
with its possessory rights, those rights must be respected. But how does
this admission derogate from the right to grant such title as the United States
then had, which was the proprietary right, encumbered only by a temporary
right of possession, for limited and special purpose?' The arguments and
evidence in this case are published in a pamphlet called Claim of the St
James Mission, Vancouver, W. T., to 640 acres of Land, from which the above
is quoted.
33 U. 8. H. Kept., 630, 43d cong. 1st sess., 1873-4.
84 U. S. H. Ex. Z>oc.t 117, 43d cong. 2d sess.
PORTLAND CLAIM. 281
reported in favor of the mission's right to the land so
far only as to amend the bill so as to enable all the
adverse claimants to assert their rights before the
courts; and recommended that in order to bring the
matter into the courts, a patent should be issued to
the mission, with an amendment saving the rights of
adverse claimants and of the United States to any
buildings or fixtures on the land.35
After long delays the title was finally settled in
November 1874 by the issuance of a patent to Abel
G. Tripp, mayor of Vancouver, in trust for the sev
eral use and benefit of the inhabitants according to
their respective interests. Under an act of the legis
lature the mayor then proceeded to convey to the
occupants of lots and blocks the land in their pos
session, according to the congressional law before ad
verted to in reference to town sites.
That a number of land cases should grow out of
misunderstandings and misconstructions of the land
law was inevitable. Among the more important of
the unsettled titles was that to the site of Portland.
The reader already knows that in 1843 Overton
claimed on the west bank of the Willamette 640
acres, of which soon after he sold half to Lovejoy,
and in 1845 the other half to Pettygrove; and that
these two jointly improved the claim, laying it off
into lots and blocks, some of which they sold to
other settlers in the town, who in their turn made
improvements.
In 1845, also, Lovejoy sold his half of the claim
to Benjamin Stark, who came to Portland this year
as supercargo of a vessel, Pettygrove and Stark con
tinuing to hold it together, and to sell lots. In 1848
Pettygrove, Stark being absent, sold his remaining
interest to Daniel H. Lownsdale. The land being
35 Cong. Globe, 1876-7, 44; U. S. II. Kept, 189, 44th cong. Istsess., 1875-6;
U. 8. II. Com. Rept, i. 249, 44th cong. 1st sess.; Portland Gregorian, Oct.
30, 1809; Rossi, Souvenirs, vi. CO.
282 LAND LAWS AND LAND TITLES.
registered in the name of Pettygrove, Lownsdale
laid claim to the whole, including Stark's portion,
and filed his claim to the whole with the registrar, re
siding upon it in Pettygrove's house.36
In March 1849 Lownsdale sold his interest in the
claim to Stephen Coffin, and immediately repurchased
half of it upon an agreement with Coffin that he should
undertake to procure a patent from the United States,
when the property was to be equally owned, the ex
penses and profits to be equally divided; or if the
agreement should be dissolved by mutual consent,
Coffin should convey his half to Lownsdale. The
deed of Coffin reserved the rights of all purchasers of
lots under Pettygrove, binding the contracting parties
to make good their titles when a patent should be
obtained. In December of the same year Lownsdale
and Coffin sold a third interest in the claim to W.
W. Chapman, reserving, as before, the rights of lot
owners.
Up to this time there had been no partition of the
land; but in the spring of 1850, Stark having re
turned and asserted his right in the property, a divi
sion was agreed to between Stark and Lownsdale,
by which each held his portion in severalty, and to
confirm titles to purchasers on their separate parcels
of land, Stark taking the northern and Lownsdale
the southern half of the claim.
Upon the passage of the donation law, with its
various requirements and restrictions, it became neces
sary for each claimant, in order not to relinquish his
right to some other, to apply for a title to a definitely
described portion of the whole claim. Accordingly,
on the 10th of March, 1852, Lownsdale, having
been four years in possession, came to an arrange
ment with Coffin and Chapman with regard to the
division of his part of the claim in which they were
86 Lownsdale had previously resided west of this claim, on a creek where
he had a tannery, the first in Oregon to make leather for sale. He paid for
the claim in leather. Overland Monthly , i. 36.
TEST CASES. 283
equal owners. The division being agreed upon, it be
came necessary also to make some bargain by which
the lots sold on the three several portions of Lowns-
dale's interest might fall with some degree of fairness
to the three owners when they came to make deeds
after receiving patents; the same being necessary
with regard to the lots previously selected by their
wives out of their claims, which were exchanged to
bring them within the limits agreed upon previous to
going before the surveyor general for a certificate.
Everything being settled between Lownsdale, Chap
man, and Coffin, the first two filed their notification
of settlement and claim on the llth of March, and
the latter on the 19th of August.
On the 8th of April Lownsdale, by the advice of
A. E. Wait, filed a notification of claim to the whole
640 acres, upon the ground that Job McNamee, who
had in 1847 attempted to jump the Portland claim,
but had afterward abandoned it, had returned, and
was about to file a notification for the whole claim.
Lownsdale and Wait excused the dishonesty of the
act by the assertion that either of the other two
owners could have done the same had they chosen.
A controversy arose between Chapman and Coffin on
one side and Lownsdale on the other, which was de
cided by the surveyor general in favor of Chapman
and Coffin, Lownsdale refusing to accept the decision.
Stark and the others then appealed to the commis
sioner of the general land office, who gave as his
opinion that Portland could not be held as a donation
claim: first, because it dated from 1845, and congress
did not recognize claims under the provisional gov
ernment; again, because congress contemplated only
agricultural grants; and last, on account of the clause
in the organic act which made void all laws of the
provisional government affecting the title to land.
He also believed the town-site law to be extended to
Oregon along with the other United States laws; and
284 LAND LAWS AND LAND TITLES.
further asserted that the donations were in the na
ture of preemption,, only more liberal.37
This decision made the Portland land case more
intricate than before, all rights of ownership in the
land being disallowed, and there being no reasonable
hope that those claiming it could ever acquire any;
since if they should be able to hold the land until it
came into market, there would still be the danger that
any person being settled upon any of the legal sub
divisions might claim it, if not sufficiently settled
to be organized into a town. Or should the town-site
law be resorted to, the town would be parcelled out
to the occupants according to the amount occupied
by each. Sad ending of golden dreams!
But the commissioner himself pointed out a possi
ble flaw in the argument, in the word * surveyed/ in
the second line of the act of 1844. The lands settled
on in Oregon as town sites were not surveyed, which
might affect the application of that law. The doubt
led to the employment of the judicial talent of the
territory in the solution of this legal puzzle, which
was not, after all, so difficult as at a cursory glance
it had seemed. Chief Justice Williams, in a case
brought by Henry Martin against W. G. T'Vault
and others, who, having sold town lots in Vancouver
in exchange for Martin's land claim, under a bond to
comply with the requirements of the expected dona
tion law, and then to convey to Martin by a good and
sufficient deed, refused to make good their agreement,
reviewed the decision of Commissioner Wilson and
Secretary McClelland in a manner that threw much
light upon the town-site law, and showed Oregon
lawyers capable of dealing with these knotty questions.
Judge Williams denied that that portion of the
organic act which repealed all territorial laws affect
ing the title to land repealed all laws regulating the
87 Or. Statesman, June 6, 1854; Olympia Pioneer and Democrat, June 24,
1854; Portland Oreyonian, June 10, 1854. See also Brief on behalf of Stark,
Coffin, and Chapman, prepared by S. S. Baxter.
RIGHTS OF SETTLERS. 285
possessory rights of settlers. Congress, he said, was
aware that many persons had taken and largely im
proved claims under the provisional government, and
did not design to leave those claims without legal pro
tection, but simply to assert the rights of the United
States; did not mean to say that the claim laws of the
territory should be void as between citizen and citizen,
but that the United States title should not be encum
bered. He argued that if the act of 1848 vacated
such claims, the act of 1850 made them valid, by
granting to those who had resided upon their claims,
and by protecting the rights of their heirs, in the
case of their demise before the issuance of patents.
The surveyor general was expressly required to issue
certificates, upon the proper proof of settlement and
cultivation, "whether made under the provisional
government or not." He declared untenable the
proposition that land occupied as a town site prior to
1850 was not subject to donation under the act. A
man might settle upon a claim in 1850, and in 1852
lay it out into a town site; but the surveyor general
could not refuse him a certificate, so long as he had
continued to reside upon and cultivate any part of it.
The rights of settlers before 1850 and after were
placed upon precisely the same footing, and therefore
if a claim were taken in 1847, and laid off in town
lots in 1849, supposing the law to have been complied
with in other respects, the claimant would have the
same rights as if he had gone upon the land after the
passage of the donation law. The surveyor general
could not say to an applicant who had complied with
the law that he had forfeited his right by attempting
to build up a town. A settler had a right to admit
persons to occupy under him or to exclude them; and
if he admitted them — such action not being against
the public good — it ought not to prejudice his claim.
Judge Williams further held that the town-site law
of 1844 was not applicable to Oregon, and that the
land laws of the United States had not been extended
286 LAND LAWS AND LAND TITLES.
over this territory. The preemption law had never
been in force in Oregon; there were no land districts
or land offices established.38 No claims had ever been
taken with reference to such a law, nor had any one
ever thought of being governed by them in Oregon.
And as to town sites, while the California land law
excepted them from private entry, the organic act of
Oregon excepted only salt and mineral lands, and said
nothing about town sites; while the act of 1850 spe
cifically granted the Oregon City claim, leaving all
other claims upon the same footing, one with another.
Meanwhile, the citizens of Portland who had pur
chased lots were in a state of bewilderment as to their
titles. They knew of whom they had purchased; but
since the apportionment of the surveyor general, which
made over to Coffin a part of Lownsdale's convey
ances and to Lownsdale and Chapman a part of Cof
fin's conveyances, they knew not where to look for
titles. To use the words of one concerned, a 'three
days' protracted meeting' of the citizens had been held
to devise ways and means of obtaining titles to their
lots. They finally memorialized congress to pass a
special act, exempting the town site of Portland from
the provisions of the donation act, which failed to
meet with approval, being opposed by a counter-peti
tion of the proprietors ; though whether it would have
succeeded without the opposition was unknown.
In the winter of 1854-5 a bill was before the legis
lative assembly for the purchase of the Portland land
claim under the town-site law of 1844, before men
tioned, Portland having become incorporated in 1851,
and having an extent of two miles on the river by
one mile west from it. Coffin and Chapman opposed
the bill, and the legislature adjourned without taking
88 Two land districts were established in February 1855, Willamette and
Umpqua, but the duties of officers appointed were by act declared to be ' the
same as are now prescribed by law for other land offices, and for the surveyor
feneral of Oregon, so far as they apply to such offices.' Or. Statutes, 1853-4,
7. They simply extended new facilities to, without imposing any new regu
lations upon, the settlers.
TOWN SITE LAWS. 287
any action in the matter.39 Finally, the city of Port
land was allowed to enter 320 acres under the town-
site law in 1860, some individual claims under the
same being disallowed.40
The decision rendered by the general land office in
1858 was that the claims of Stark, Chapman, arid
Coffin were good, under their several notifications;
that Lownsdale's was good under his first notification ;
and that where the claims of these parties conflicted
with the town-site entry of 320 acres their titles should
be secured through the town authorities under the
provisions of the act of 1844, and the supplementary
act of 1854 relating to town sites.41
On the demise of Lowrisdale, not long after, his
heirs at law attempted to lay claim to certain lots
in Portland which had been sold previous to the ad
justment of titles, but with the understanding and
agreement that when their claims should be con
firmed the grantors of titles to town lots should con
firm the title of the grantees. The validity of the
titles obtained from Stark, Lownsdale, Coffin, and
Chapman, whether confirmed or not, was sustained
by the courts. A case different from either of these
was one in which the heirs of Mrs Lownsdale proved
that she had never dedicated to the public use in
streets or otherwise a portion of her part of the do
nation claim; nor had the city purchased from her
the ground on which Park street, the pride of Port
land, was laid out. To compel the city to do this, a
row of small houses was built in the street, where
89 Or. Statesman, Feb. 6, 1855. As the reader has probably noticed, the
town-site law was extended to Oregon in July 1854, but did not apply to
claims already taken, consequently would not apply to Portland. See also
Dec. Sup. Ct, relative to Town Sites in Or.; Or. Statesman, Aug. 8, 1875; Or.
S. C. Repts, 1853-4.
40 A. P. Dennison, and one Spear, made claims which were disallowed.
The latter's pretensions arose from having leased some land between 1850 and
1853, and believing that he could claim as a resident under that act. Denni-
son's pretensions were similarly founded, and, I believe, Carter's also.
*lBriefin behalf of Stark, Coffin, Lownsdale, and Chapman, 1-24; Or. States
man, Dec. 21, 1858. See also Martin vs T 'Vault, 1 Or. 77; Lownsdale va
City of Portland (U. S. D. C.), 1 Or. 380; Chapman vs School District No. 1
et al.; Opin. Justice Deady, C. C. U. S.; Bur.ct vs Lownsd.de.
288 LAND LAWS AND LAND TITLES.
they remain to this time, the city unwilling to pur
chase at the present value, and the owners determined
not to make a present of the land to the public.42
There was likewise a suit for the Portland levee, which
had been dedicated to the use of the public. The su
preme court decided that it belonged to the town; but
Deady reversed the decision, on the ground that at
the time the former decision was rendered the land
did not belong to the city, but to Coffin, Chapman,
and Lownsdale.43
42 Lownsdale died in April 1862. His widow was Nancy Gillihan, to whom
he was married about 1850.
43 Apropos of the history of Portland land titles: there came to Oregon
with the immigration of 1847 a woman, commonly believed to be a widow,
calling herself Mrs Elizabeth Caruthers, and with her, Finice Caruthers, her
son. They settled on land adjoining Portland on the south, and when the
donation law of 1850 was passed, the woman entered her part of the claim
tinder the name of Elizabeth Thomas, explaining that she had married one
Thomas, in Tennessee, who had left her, and who she heard had died in
1821. She preferred for certain reasons to be known by her maiden name of
Caruthers. She was allowed to claim 320 acres, and her son 320, making a
full donation claim. A house was built on the line between the two portions,
in which both claimants lived. In due time both ' proved up ' and obtained
their certificates from the land office. About 1857 Mrs Caruthers-Thomas
died; and in I860 Finice, her son, died. As he was her sole heir, the whole
640 acres belonged to him. Leaving no will, and being without family, the
estate was administered upon and settled.
So valuable a property was not long without claimants. The state claimed
it as an escheat, Or. Jour. House, 1808, 44-6, 465, but resigned its preten
sions on learning that there were heirs who could claim. During this time
an attempt had been made to prove Finice Thomas illegitimate. This fail
ing, A. J. Knott and R. J. Ladd preempted the land left by Mrs Thomas, on
the ground that being a woman she could not take under the donation act.
Knott and Ladd obtained patents to the land; but they were subsequently
set aside by the U. S. sup. ct, which held that a woman was a man in legal
parlance, and that Mrs Thomas' claim was good.
Meantime agitation brought to the surface new facts. There were men
in Oregon who had known the husband in Tennessee and Missouri, and who
believed him still alive. Two who had known Thomas, or as he was called,
Wrestling Joe, were sent to St Louis, accompanied by a lawyer, to discover
the owner of south Portland. He was found, his identity established, his in
terest in the property purchased for the parties conducting the search, and lie
was brought to Oregon to aid in establishing the right of the purchasers. In
Oregon were found a number of persons who recognized and identified him as
Wrestling Joe of the Missouri frontier, though old and feeble. He was a
man not likely to be forgotten or mistaken, and had a remarkable scar on his
face. In 1872 a case was brought to trial before a jury, who on the evidence
decided that the man brought to Oregon was Joe Thomas. Soon after, and
pending an appeal to the sup. ct, a compromise was effected with the con
testants, by the formation of the South Portland Real Estate Association,
which bought up all the conflicting claims and entered into possession. Sub
sequently they sold to Villard.
After the settlement of the suits as above, Wrestling Joe became incensed
with some of the men connected with the settlement, and denied that he was
THE DALLES CLAIM. 289
Advantage was sought to be taken by some of that
clause in the donation law which declared that no laws
passed by the provisional legislature interfering with
the primary disposal of the soil should be valid. But
the courts held, very properly, that it had not been
the intention of congress to interfere with the arrange
ments already made between the settlers as to the
disposal of their claims, but that on the contrary the
organic law of the territory distinctly said that all bonds
and obligations valid under the laws of the provisional
government, not in conflict with the laws of the United
States, were to be valid under the territorial laws till
altered by the legislature, and that the owners of town
sites who had promised deeds were legally bound to
furnish them on obtaining the title to the land. And
the courts also decided that taxes should be paid on
land claims before the patents issued, because by the
act of September 27, 1850, the land was the property
in fee simple of every claimant who had fulfilled the
conditions of the law.
A question arose concerning the right of a man hav
ing an Indian woman for a wife to hold 640 acres of
land, which was decided by the courts that he could
so hold.
The Dalles town-site claim was involved in doubt
and litigation down to a recent period, or during a
term of twenty-three years. That the methodists
first settled at this point as missionaries is known to
the reader; also that in 1847 they sold it to Whitman,
who was in possession during the Cayuse war, which
drove all the white population out of the country.
Thus the first claim was methodist, transferred to the
presbyterians, and finally abandoned. But, as I have
that person, asserting that his name was John C. Nixon, and that all he had
testified to before was false. This led to the indictment and arrest of the
men who went to St Louis to find and identify Thomas, but on their trial the
evidence was so strong that they were acquitted. Soon after, Thomas re
turned to St Louis, where he lived, as before, after the manner of a mendi
cant. See communication by W. C. Johnson, in Portland Or., Feb. 2, 1878.
HIST. OB., VOL. II. 19
290 LAND LAWS AND LAND TITLES.
elsewhere shown, a catholic mission was maintained
there afterward for some years.
From the sale44 and abandonment of the Dalles
mission to June 1850 there was no protestant mission
at that place; but subsequent to the passage of the
donation law, and notwithstanding the military reser
vation of the previous month of May, an attempt was
made to revive the methodist claim in that year by
surveying and making a claim which took in the old
mission site; and in 1854 their agent, Thomas H.
Pearne, notified the surveyor general of the fact.45 In
the interim, however, a town had grown up at this
place, and certain private individuals and the town
officers opposed the pretensions of the methodists.
And it would seem from the action of the military
authorities at an earlier date that either they differed
from the methodist society as to their rights, or were
willing to give them an opportunity to recover dam
ages for the appropriation of their property, the for
mer mission premises being located about in the centre
of the reservation.
When the amended land law in 1853 reduced the
military reservations in Oregon to a mile square, the
reserve as laid out still took something more than
half of the claim as surveyed by the methodists in
1850.46 For this the society, by its agent, brought a
44 The price paid by Whitman for the improvements at The Dalles was,
according to the testimony of the methodist claimants, $GOO in a draft on the
American board, the agreement being cancelled in 1849 by a surrender of the
draft.
45 The superintendent of the M. E. mission, William Roberts, advertised
in the Spectator of Jan. 10, 1850, that he designed to reoccupy the place, de
claring that the society had only withdrawn from it for fear of the Indians,
though every one could know that when the mission was sold the war had not
yet broken out. The Indians were, however, ill-tempered and defiant, as I
have related. See Fulton'' s Eastern Oregon, MS., 8.
46 Fulton describes the boundaries as follows: 'When the government re
duced the military reservations to a mile square, it happened that, on survey
ing the land so as to bring the fort in the proper position with regard to the
boundaries, a strip of land was left nearly a quarter of a mile in width next
the river, which was not covered by the reserve. To this strip of land the
mission returned, upon the pretence that as it was not included in the military
reservation, for which they had received $24,000, it was still theirs. In ad
dition to the river front, there was also a strip of land on the east side of the
reserve which was brought by the government survey within the section that
MISSION LANDS. 291
claim against the government for $20,000 for the
land, and later of $4,000 for the improvements, which
in their best days had been sold to Whitman for $600.
Congress, by the advice of Major G. J. Raines, then in
command at Fort Dalles, and through the efforts of
politicians who knew the strength of the society,
allowed both claims;47 and it would have been seemly
if this liberal indemnity for a false claim had satisfied
the greed of that ever-hungry body of Christian min
isters. But they still laid claim to every foot of
ground which by their survey of 1850 fell without
the boundaries of the military reserve, taking enough
on every side of it to make up half of a legal mission
donation.48
The case came before three successive surveyor-
generals and the land commissioners,49 and was each
time decided against the missionary society, until, as
I have said, congress was induced to pay damages to
the amount of $24,000, in the expectation, no doubt,
that this would settle the claims of the missionaries
forever. Instead of this, however, the methodist in
fluence was strong enough with the secretary of the
interior in 1875 to enlist him in the business of get
ting a deed in fee simple from the government of the
land claimed by the missionaries,50 although the prop-
would have been the mission claim if adhered to as originally occupied.
This also they claimed, managing so well that to make out their section they
went all around the reserve. Eastern Or., MS., 3-5.
47 Bill passed in June 1860. See remarks upon it by Or. Statesman, April
26, 1859; Id., March 15, 1859; Lid. Aff. Kept, 1854, 284-6.
48 They made another point — that Waller had left The Dalles and taken land
at Salem, where he had hut half a claim, which he wanted to fill up at The
Dalles. Fultoris Eastern Or., MS., 7. Deady says notwithstanding that Rob
erts had declared the sale to Whitman cancelled in 1849, a formal deed of
quitclaim was not obtained till Feb. 28, 1859; and further, that on the 3d
of November, 1858, Walker and Eells, professing to act for the American
board, had conveyed the premises to M. M. McCarver and Samuel L. White,
subject only to the military reservation. Portland Oregonian, Dec. 4, 1879;
Or. Statesman, Aug. 25 and Sept. 8, 1855.
49 U. S. H. Ex. Doc., 1, vol. v. 5, 38th cong. 2d sess.; Land Off. Rept, 1864,
2; Portland Oregonian, Jan. 23, 1865.
50 Portland Advocate, May 6, 1875; Vancouver Register, Aug. 6, 1875; JV.
Y. Methodist, in Walla Walla Statesman, May 1, 1875. Fulton says James
K. Kelly told him that Delano had himself been a methodist minister, which
may account for the strong interest in this case. Eastern Or., MS., 6.
292 LAND LAWS AND LAND TITLES.
erty was already covered by a patent under the dona
tion act to W. D. Bigelow, who settled at The Dalles
in 1853,51 and a deed under the town-site act. But
by Judge Deady this patent was held of no effect,
because the section of the statutes under which it
was issued imposed conditions which were not com
plied with, namely, that the grant could only be made
upon a survey approved by the surveyor general and
found correct by the commissioner, neither of which
could be maintained, as both had rejected the claim.
And in any case, under the statute,52 such a patent
could operate only as a relinquishment of title on the
part of the United States, and could not interfere
with any valid adverse right like that of Bigelow or
Dalles City, nor preclude legal investigation and de
cision by a proper judicial tribunal.
This legal investigation began in the circuit court
of Wasco county in September 1877, but was re
moved in the following January to the United States
district court, which rendered a decision in October
1879 adverse to the missionary society, and sustain
ing the rights of the town-site owners under the do
nation and town-site laws, founded upon a thorough
examination of the history and evidence in the case.
The mission then appealed to the U. S. supreme
court, which, in 1883, finally affirmed Deady 's deci
sion, and The Dalles, which had been under this cloud
for a quarter of a century, was at length enabled to
give a clear title to its property.
The claim made by the catholics at The Dalles in
51 Bigelow sold and conveyed, Dec. 9, 1862, an undivided third interest in
27 acres of his claim to James K. Kelly and Aaron E. Wait; and Dec. 12,
1864, also conveyed to Orlando Humason the remaining two thirds of this
tract. Humason died in Sept. 1875, leaving the property to his widow Phoebe
Humason, who became one of three in a suit against the missionary society.
See The Dalles Meth. Miss. Claim Cases, 5, a pamphlet of 22 pp. Bigelow
also conveyed to Kelly and Wait 46 town lots on the hill part of the town,
known as Bluff addition to Dalles City. Id.
02 Deady quotes it as 'section 2447 of the K. S.,' and says it was 'taken
from the act of Dec. 22, 1854, authorizing the issue of patents in certain cases,
and only applies where there has been a grant by statute without a provision
for the issue of a patent,' which could not be affirmed in this case.
REFLECTIONS. 293
1848, and who really were in possession at the time
of the passage of the organic act, was set aside, ex
cept so far as they were allowed to retain about half
an acre for a building spot. So differently is law in
terpreted, according to whether its advocates are
governed by its strict construction, by popular clamor,
or by equity and common sense.
In the case of the original 'old mission' of the
methodist church in the Willamette Valley, the re
moval of the mission school to Salem in 1843 pre
vented title. The land on which Salem now stands
would have come under the law had not the mission
school been discontinued in 1844; and the same may
be said of all the several stations, that they had been
abandoned before 1850.
As to the grants to protestant missions, they re
ceived little benefit from them. The American board
sold Waiilatpu for $1,000 to Cushing Eells, as I have
before mentioned. It was not a town site, and there
was no quarrel over it. An attempt by the catholics
to claim under the donation law at Walla Walla was
a failure through neglect to make the proper notifica
tion, as I have also stated elsewhere. No notice of
the privilege to claim at Lapwai was taken until 1862,
when the Indian agent of Washington Territory for
the Nez Perces was notified by Eells that the land he
was occupying for agency purposes was claimed by
the American board, and a contest arose about sur
veying the land, which was referred to the Indian
bureau, Eells forbidding the agent to make any fur
ther improvements.53 But as the law under which
63 Charles Hutchins, the agent referred to, remarks that the missionaries
at Lapwai may have acted with discretion in retiring to the Willamette Val
ley, although they were assured of protection by the Nez Percys; but as
they had made no demonstration of returning from 1847 to 1862, and had
been engaged in other pursuits, it was suggestive of the thought that it was
the value of the improvements made upon the land that prompted them to
put in their claim at this time. He could have added that the general im
provement in this part of the country might have prompted them. hid. Aff.
M&pt, loG2, 426.
294 LAND LAWS AND LAND TITLES.
the missions could claim required actual occupancy at
the time of its passage, none of the lands resided upon
by the presbyterians were granted to the board ex
cept the Waiilatpu claim from which the occupants
were excluded by violence and death. Thus, of all
the land which the missionaries had taken so much
trouble to secure to their societies, and which the or
ganic act was intended to convey, only the blood
stained soil of Whitman's station was ever confirmed
to the church, because before 1848 every Indian mis
sion had been abandoned except those of the catho
lics, who failed to manage well enough to have their
claims acknowledged where they might have done
so, and who committed the blunder of attempting to
seize the land of the Hudson's Bay Company at Van
couver.
Great as was the bounty of the government, it was
not an unmixed blessing. It developed rapacity in
some places, and encouraged slothful habits among
some by giving them more than they could care for,
and allowing them to hope for riches from the sale of
their unused acres. The people, too,.soon fell out with
the surveyor-general for taking advantage of his po
sition to exact illegal fees for surveying their claims
prior to the public survey, Preston requiring them to
bear this expense, and to employ his corps of survey
ors. About $25,000 was extorted from the farmers
in this way, when Preston was removed on their com
plaint, and Charles K. Gardiner of Washington city
appointed in his place in November 1853.
Gardiner had not long been in office before he fol
lowed Preston's example. The people protested and
threatened, and Gardiner was obliged to yield. Both
the beneficiaries and the federal officer knew that an
appeal to the general land office would result in the
people having their will in any matters pertaining to
their donation. The donation privileges expired in
1855, after which time the public lands were subject
PREEMPTION AND PATENTS. 295
to the United States law for preemption and pur
chase.54 On the admission of Oregon as a state in
1859, out of eight thousand land claims filed in the
registrar's office in Oregon City, only about one eighth
had been forwarded to Washington for patent, owing
to the neglect of the government to furnish clerks to
the registrar, who could issue no more, than one certifi
cate daily. Fees not being allowed, this officer could
not afford to hire assistants. But in 1862 fees were
allowed, and the work progressed more satisfactorily,
though it is doubtful if ten years afterward all the
donation patents had been issued.55
64 In 1856 John S. Zieber was appointed surveyor general, and held the
office until 1859, when W. W. Chapman was appointed. In 1861 he gave
way to B. J. Pengra, and he in turn to E. L. Applegate, who was followed
by W. H. Odell, Ben. Simpson, and J. C. Tolman, all Oregon men.
53 Land Off. Rept, 1858, 33, 1863, 21-2; Or. Argus, Sept. 11, 1858; S. F.
Bulletin, Jan. 28, 1864.
. CHAPTER XL
POLITICS AND PROGRESS.
1853.
LEGISLATIVE PROCEEDINGS — JUDICIAL DISTRICTS — PUBLIC BUILDINGS— TENOR
OF LEGISLATION— INSTRUCTIONS TO THE CONGRESSIONAL DELEGATE — HAR
BORS AND SHIPPING— LANE'S CONGRESSIONAL LABORS— CHARGES AGAINST
GOVERNOR GAINES — OCEAN MAIL SERVICE— PROTECTION OF OVERLAND
IMMIGRANTS — MILITARY ROADS — DIVISION OF THE TERRITORY — FEDERAL
APPOINTMENTS — NEW JUDGES AND THEIR DISTRICTS— WHIGS AND DEM
OCRATS — LANE AS GOVERNOR AND DELEGATE — ALONZO A. SKINNER — AN
ABLE AND HUMANE MAN — SKETCH OF HIS LIFE AND PUBLIC SERVICES.
I HAVE said nothing about the legislative and po
litical doings of the territory since the summer of
1852, when the assembly met in obedience to a call
from Governor Gaines, only to show its contempt by
adjourning without entering upon any business.1 At
the regular term in December there were present five
whigs, three from Clackamas county and two from
Yamhill. Only one other county, Umpqua, ran a
whig ticket, and that elected a democrat, which
promised little comfort for the adherents of Gaines
JThe council was composed of Deady, Garrison, Lovejoy, Hall, and Way-
mire of the former legislature, and A. L. Humphry of Benton and Lane
counties, Lucius W. Phelps of Linn, and Levi Scott of Umpqua, Douglas, and
Jackson. Lancaster, from the north side of the Columbia, was not present.
The members of the lower house were J. C. Avery and George E. Cole of
Benton; W. T. Matlock, A. E. Wait, and Lot Whitcomb of Clackamas;
John A. Anderson of Clatsop and Pacific; F. A. Chenoweth of Clarke and
Lewis; Curtis of Douglas; John K. Hardin of Jackson; Thomas N. Aubrey
of Lane; James Curl and Royal Cottle of Linn; B. F. Harding, Benjamin
Simpson, and Jacob Conser of Marion; H. N. V. Holmes and J. M. Fulker-
son of Polk; A. C. Gibbs of Umpqua; John Richardson, F. B. Martin, and
John Carey of Yamhill; Benjamin Stark, Milton Tuttle, and Israel Mitchell
of Washington. Or. Statesman, July 31, 1852. The officers elected in July
held over.
(296)
COURT DISTRICTS. 297
and the federal judges, whose mendacity in denying
the validity of the act of 1849, adopting certain of
the Revised Statutes of 1843 of Iowa, popularly
known as the steamboat code,2 was the cause of more
confusion than their opposition to the location of the
seat of government act, also declared to be invalid,
because two of them used the Revised Statutes of
Iowa of 1838, adopted by the provisional government,
in their courts, instead of the later one which the
legislative assembly declared to be the law.
As I have before recorded, the legislature of 1851-
2, in order to secure the administration of the laws
they enacted, altered the judicial districts in such a
manner that Pratt's district included the greater part
of the Willamette Valley. But Pratt's term expired
in the autumn of 1852-3, and a new man, C. F.
Train, had been appointed in his place, toward whom
the democracy were not favorably inclined, simply
because he was a whig appointee.3 As Pratt was no
longer at hand, and as the business of the courts in
the counties assigned to him was too great for a single
judge, the legislature in 1852-3 redistricted the ter
ritory, making the 1st district, which belonged to
Chief Justice Nelson, comprise the counties of Lane,
Umpqua, Douglas, and Jackson ; the 2d district, which
would be Train's, embrace Clackamas, Marion, Yam-
hill, Polk, Benton, and Linn; and the 3d, or Strong's,
consist of Washington, Clatsop, Clarke, Lewis, Thurs-
ton, Pierce, and Island. By this arrangement Nelson
would have been compelled to remain in contact with
border life during the remainder of his term had not
Deady, who was then president of the council, re
lented so far as to procure the insertion in the act of
2 Amory Holbrook thus named it, meaning it was a carry-all, because it
had not been adopted act by act. Says the Or. Statesman, Jan. 8, 1853:
' The code of laws known as the steamboat code, enacted by the legislative
assembly, has been and is still disregarded by both of the federal judges in
the territory, while the old Iowa blue-book, expressly repealed by the as
sembly, is enforced throughout their districts.'
3 The Or. Statesman^ Dec. 18, 1852, predicted that he would never come to
Oregon, and he never did.
293 POLITICS AND PROGRESS.
a section allowing the judges to assign themselves to
their districts by mutual agreement, only notifying
the secretary of the territory, who should publish the
notice before the beginning of March;4 the concession
being made on account of the active opposition of
the whig members to the bill as it was first drawn,
they making it a party question, and several demo
crats joining with them. The law as it was passed
also made all writs and recognizances before issued
valid, and declared that no proceedings should be
deemed erroneous in consequence of the change in
the districts. The judges immediately complied with
the conditions of the new law, and assigned them
selves to the territory they had formerly occupied.
The former acts concerning the location of the pub
lic buildings of the territory were amended at this
term and new boards appointed,5 the governor being
declared treasurer of the funds appropriated, without
power to expend any portion except upon an order
from the several boards constituted by the legisla
ture.6 Here the matter rested until the next term
of the legislature.
*Id., Feb. 12, 1853. The Statesman remarked that the majority in the
house had killed the first bill and decided to leave the people without courts,
•unless they could carry a party point, when the council in a commendable
spirit of conciliation passed a new bill.
5 The new board consisted of Eli M. Barnum, Albert W. Ferguson, and
Alvis Kimsey. Barnum was from Ohio, and his wife was Frances Latimer of
Norwalk, in that state. The penitentiary board consisted of William M.
King, Samuel Parker, and Nathaniel Ford. University board, James A.
Bennett, John Trapp, and Lucius Phelps.
6 The acts of this legislature which it may be well to mention are as follows:
Creating and regulating the office of prosecuting attorney; L. F. Grover be
ing appointed for the 2d district, R. E. Stratton for the 1st, and Alexander
Campbell for the 3d. At the election of June following, R. P. Boise was
chosen in the 2d district, Sims in the 1st, and Alex. Campbell in the 3d.
Establishing probate courts, and providing for the election of constables and
notaries public. A. M. Poe was made a notary for Thurston county, D. S.
JVlaynard of King, John M. Chapman of Pierce, R. H. Lansdale of Island,
A. A. Plummer of Jefferson, Adam Van Dusen of Clatsop, James Scudder of
Pacific, Septimus Heulat of Clackamas, and W. M. King of Washington
county. Or. Statesman, Feb. 26, 1853. An act was passed authorizing the
appointment of two justices of the peace in that portion of Clackamas east
of the Cascades, and appointing Cornelius Palmer and Justin Cheuoweth.
The commissioners of each county were authorized by act to locate, a quarter-
section of land for the benefit of county seats, in accordance with the law of
LEGISLATION. 299
The resolutions of instruction to the Oregon dele
gate in congress at this session required his endeavor
to obtain §100,000 for the improvement of the Wil-
congress passed May 26, 1824, and report such locations to the surveyor
general. Or. Gen. Laws, 1852-3, 68.
I have spoken before of the several new counties created at this session,
making necessary a new apportionment of representatives. Those north of the
Columbia were Pierce, King, Island, and Jefferson. The county seat of
Pierce was located on the land claim of John M. Chapman at Steilacoom;
King, on the claim of David S. Maynard at Seattle; Jefferson, on the claim
of Alfred A. Plummer at Port Townsend; Lewis, on the claim of Frederick
A. Clark at the upper landing of the Cowlitz. Commissioners of King
county were A. A. Denny, John N. Lowe, Luther M. Collins; David C. Bor
ing, sheriff; H. D. Yesler, probate clerk. Commissioners of Jefferson county,
Lucius B. Hastings, David F. Brownfield, Albert Briggs; H. C. Wilson,
sheriff; A. A. Plummer, probate clerk. Commissioners of Island county,
Samuel D. Howe, John Alexander, John Crockett; W. L. Allen, sheriff; R.
H. Lansdale, probate clerk. Commissioners of Pierce county, Thomas M.
Chambers, William Dougherty, Alexander Smith; John Bradley, sheriff;
John M. Chapman, probate clerk. The county seat of Thurston county was
located at Olympia, and that of Jackson county at Jacksonville. The com
missioners appointed were James Cluggage, James Dean, and Abel George;
Sykes, sheriff; Levi A. Rice, probate clerk. The county seat of Lane was
fixed at Eugene City. The earliest settlers of this part of the Willamette
were, besides Skinner, Felix Scott, Jacob Spores, Benjamin Richardson, John
Brown, Marion Scott, John Vallely, Benjamin and Joseph Davis, C. Mulli
gan, Lemuel Davis, Hilyard Shaw, Elijah Bristow, William Smith, Isaac
and Elias Briggs.
The election law was amended, removing the five years' restriction from
foreign-born citizens, and reducing the probationary period of naturalized
foreigners to six months.
An act was passed creating an irreducible school fund out of all moneys in
any way devoted to school purposes, whether by donation, bequest, sale, or
rent of school lands, or in any manner whatever, the interest of which was
to be divided among the school districts in proportion to the number of chil
dren- between 4 and 21 years of age, with other regulations concerning educa
tional matters. A board of commissioners, consisting of Arnold Fuller, Jacob
Martin, and Harrison Linnville, was created to select the two townships of
land granted by congress to a territorial university; and an act was passed
authorizing the university commissioners to sell one fourth or more of the
township, to be selected south of the Columbia, for the purpose of erecting a
university building.
The Wallamet University was established, by act or" the legislature
Jan. 10, 1853, the trustees being David Leslie, William Roberts, George
Abernethy, W. H. Wilson, Alanson Beers, Francis S. Hoyt, James H.
Wilbur, Calvin S. Kingsley, John Flinn, E. M. Barnum, L. F. Grover, B.
F. Harding, Samuel Burch, Francis Fletcher, Jeremiah Ralston, John D.
Boon, Joseph Holman, Webley Hauxhurst, Jacob Conser. Alvin F. Waller,
John Stewart, James R. Robb, Cyrus Olney, Asahel Bush, and Samuel
Parker.
Pilotage was established at the mouth of the Umpqua, and the office of
wreck-master created for the several counties bordering on the sea-coast. S.
S. Mann was appointed for Umpqua and Jackson, Thomas Goodwin for Clat-
sop and Pacific, and Samuel B. Crockett for the coast north of Pacific county,
to serve until these offices were filled by. election.
The First Methodist Church of Portland was incorporated January 25th,
and the city of Portland on the 28th. A divorce law was passed at this ses-
300 POLITICS AND PROGRESS.
lamette River; $30,000 for opening a military road
from Steilacoom to Fort Walla Walla; $40,000 for a
military road from Scottsburg to Rogue River Valley;
$15,000 to build a light-house at the mouth of the
Umpqua; $15,000 for buoys at the entrance of that
river; and $40,000 tu erect a fire-proof custom-house
at that place. He was also instructed to have St
Helen made a port of delivery; to have the surveyor
general's office removed to Salem ; to procure an in
crease in the number of members of council from nine
to fifteen, and in the house of representatives from
eighteen to thirty ; to ask for a military reconnoissance
of the country between the Willamette Valley and
Fort Boise; to procure the establishment of a mail
route from Olympia to Port Townsend, with post-
offices at Steilacoom, Seattle, and Port Townsend,
with other routes and offices at Whiclby Island and the
mouth of the Snohomish River; to urge the survey
of the boundary line between California and Oregon ;
to procure money for the continuance of the geologi
cal survey which had been carried on for one year
previous in Oregon territory;7 to call the attention of
congress to the manner in which the Pacific Mail
Steamship Company violated their contract to carry
the mail from Panamd, to Astoria;8 and to endeavor
sion, the first enacted in the territory, divorces hitherto having been granted
by the legislature, which failed to inquire closely into the cause for com
plaint. The law made impotency, adultery, bigamy, compulsion or fraud,
wilful desertion for two years, conviction of felony, habitual drunkenness,
gross cruelty, and failure to support the wife, one or all justification for sev
ering the marriage tie. A later divorce law required three years' abandon
ment, not otherwise differing essentially from that of 1852-3. A large num
ber of road acts were passed, showing the development of the country.
7 In 1851 congress ordered a general reconnoissance from the Rocky Moun
tains to the Pacific, to be performed by the geologists J. Evans, D. D. Owens,
B. F. Shumard, and Norwood. It was useful in pointing out the location of
various minerals used in the operations of commerce and manufacture, though
most of the important discoveries have been made by the unlearned but prac
tical miner. U. S. H. Ex. Doc., 2, pt ii. 7, 32d cong. 1 sess.; U. 8. Sen. Com.
Kept, 177, 1-3, 6, 3Gth cong. 1st sess.; Or. Spectator, Nov. 18, 1851; Olym
pia Columbian, Jan. 22, 1852.
8 No steamship except the Fremont, and she only once, had ventured to
cross the Umpqua bar. From 1851 to 1858 the following vessels were lost
on the southern coast of Oregon: At or near the mouth of the Umpqua, tlie
Bostonian, Caleb Curtis, Roanoke, Achilles, Nassau, Almira, Fawn, and Loo-
Choo; and at or near the entrance of Coos Bay the Cyclops, Jackson, and two
EMIGRANT ROAD. 301
to have the salary of the postmaster at that place
raised to one thousand dollars.
This was a formidable amount of work for a single
delegate, but Lane was equal to the undertaking. And
here I will briefly review the congressional labors of
Thurston's successor, who had won a lasting place in
the esteem and confidence of his constituency by using
his influence in favor of so amending the organic law
as to permit the people to elect their own governor
and judges, and when the measure failed, by sustaining
the action of the legislature in the location of the seat
of government.
Lane was always en rapport with the democracy
of the territory; and while possessing less mind, less
intellectual force and ability, and proceeding with less
foresight than Thurston, he made a better impression
in congress with his more superficial accomplishments,
by his frankness, activity, and a certain gallantry and
bonhomie natural to him.9 His first work in con
gress was in procuring the amendment to Thurston's
bill to settle the Cay use war accounts, which author
ized the payment of the amount already found due by
the commissioners appointed by the legislature of
1850-1, amounting to $73,000.10
Among the charges brought against Governor
Gaines was that of re-auditing and changing the
values of the certificates of the commissioners ap-
others. In 1858 the Emily Packard was wrecked at Shoalwater Bay. When
Gov. Curry in 1855-6 addressed a communication to the secretary of the U.
S. treasury, reminding him that an appropriation had been made for light
houses and fog-signals at the Umpqua and Columbia rivers, but that none of
these aids to commerce had been received, Guthrie replied that there was no
immediate need of them at the Umpqua or at Shoalwater Bay, as not more
than one vessel in a month visited either place ! Perhaps there would have
been more vessels had there been more light-houses. In Dec. 1856 the light
house at Cape Disappointment was completed, and in 1857 those at Cape
Flattery, New Dungeness, and Umpqua; but the latter was undermined by
the sea, being set upon the sands.
9 There is a nattering biography of Lane, published in Washington in
1852, with the design of forwarding his political aspirations with the national
democratic convention which met in Baltimore in June of that year.
10 U. S. H. Jour., 1059, 1224, 32d cong. 1st sess. ; U. S. Laws, in Cong. Globe,
1851-52, ptiii. ix.; U. S. H. Jour., 387, 33d cong. 1st sess.; Or. Statesman,
July 10, 1852.
302 POLITICS AND PROGRESS.
pointed by the legislature to audit the Cayuse war
claims, and of retaining the warrants forwarded to
him for delivery, to be used for political purposes.
Lane had a different way of making the war claims
profitable to himself. Gaines was informed from
Washington that the report of the territorial commis
sioners would be the guide in the future adjustment
of the Cayuse accounts. Lane procured the passage
of an amendment to the former enactments on this
subject, which made up the deficiency occasioned by
the alteration of the certificates; and the different
manner of making political capital out of the war claims
commended the delegate to the affections of the peo
ple.11 The 33d congress concluded the business of
the Cayuse war by appropriating $75,000 to pay its
remaining expenses.12
Lane urged the establishment of mail routes through
the territory, and the better performance of the mail
service; but although congress had appropriated in
1852 over $348,000 for the ocean mail service on the
Pacific coast,13 Oregon still justly complained that less
than the right proportion was expended in carrying
the mails north of San Francisco. The appropriations
for the various branches of the public service in Ore
gon for 1852, besides mail-carrying, amounted to
$78,300, and Lane collected about $800 more from
the government to pay for taking the census of 1850.
He also procured the passage of a bill authorizing the
president to designate places for ports of entry and
delivery for the collection districts of Puget Sound
and Umpqua, instead of those already established, and
increasing the salary of the collector at Astoria to
$3,000; but he failed to secure additional collection
districts, as had been prayed for by the legislature.
"Or. Statesman, May 14, 1853; Letter of Gaines, in Id., Feb. 26, 1863;
Cong. Globe, 1853, app. 341; U. S. H. Com. Rept, 122, vol. ii. 4-5, 32d cong.
1st sess.
12 U. S. H. Ex. Doc. 45, 33d cong. 1st sess.; U. S. H. Com. JRept, 122,
33d cong. 1st sess.; Cong. Globe, 1853-4, 2239, 33d cong. 1st sess.
13 U. S. Laws, in Cong. Globe, 1851-2, pt iii. xxix.
MATTERS IN CONGRESS. 303
He also introduced a bill granting bounty land to the
officers and soldiers of the Cayuse war, which failed as
first presented, but succeeded at a subsequent ses
sion.14
A measure in which Lane, with his genius for mil
itary affairs, was earnestly engaged, was one for the
protection of the Oregon settlers and immigrants from
Indian depredations. Early in February 1852 he of
fered a resolution in the house that the president
should be requested to communicate to that body
what steps if any had been taken to secure the
safety of the immigration, and in case none had
been taken, that he should cause a regiment of
mounted riflemen to be placed on duty in Rogue
River Valley, and on the road between The Dalles and
Fort 'Hall.15 In the debate which followed, Lane was
reproved for directing the president how to dispose of
the army, and told that the matter could go before
the military committee; to which he replied that
there was no time for the ordinary routine, that the
immigration would soon be upon the road, and that
the regiment of mounted riflemen belonged of right
to Oregon, having been raised for that territory. But
he was met with the statement that his predecessor
Thurston had declared the regiment unnecessary, and
had asked its withdrawal in the name of the Oregon
people;16 to which Lane replied that Thurston might
have so believed, but that although in the inhabited
portion of the territory the people might be able to
defend themselves, there was no protection for those
"Speech of Brooks of N. Y., in Cong. Globe, 1851-52, 627. Failing to
have Oregon embraced in the benefits of this bill, Lane introduced his own,
as has been said, and lost it. But at the 2d session of the 33d congress a
bounty land bill was passed, which by his exertions was made to cover ' any
wars' in which volunteer troops had been regularly enrolled since 1790. Ba
con's Merc. Life, MS., 16.
l*Cong. Globe, 1851-2, 507.
16 The secretary of war writes Gaines : 'All accounts concur in representing
the Indians of that region as neither numerous nor warlike. The late del-
legate to congress, Mr Thurston, confirmed this account, and represented that
some ill feeling had sprung up between the troops and the people of the ter
ritory, and that the latter desired their removal.' Or. Spectator* Aug. 12,
1851.
304 POLITICS AND PROGRESS.
travelling upon the road several hundred miles from
the settlements, and cited the occurrences of 1851 in
the Shoshone country. His resolution was laid on
the table, but in the mean time he obtained an assur
ance from the secretary of war that troops should be
placed along the overland route in time to protect
the travel of 1852.17 On the 8th of April Lane pre
sented a petition in his own name, as a citizen of Or
egon, praying for arms and ammunition to be placed
by the government in the hands of the people for
their defence against the savages; hoping, if no other
measure was adopted, Thurston's plan, which had
gained the favorable attention of congress, might be
carried into effect. At the same time Senator Doug
las, who was ever ready to assist the representatives
of the Pacific coast, reported a bill for the protection
of the overland route,18 which was opposed because it
would bring with it the discussion of the Pacific rail
road question, for which congress was not prepared,
and which it was at that time anxious to avoid. The
bill was postponed, Lane's efforts for the protection
of the territory being partly successful, as the chapter
following will show.
The reconnoissance from the Willamette Valley to
Port Boise* which the legislature asked for was de
signed not only to hold the Indians in check, but to
explore that portion of Oregon lying to the east of
the head waters of the Willamette with a view to
opening a road directly from Boise to the head of the
valley, complaint having been made that the legisla
ture had not sufficiently interested itself hitherto in
explorations for wagon routes. But no troops came
overland this year, and it was left, as before, for the
17 At the same time Senator Gwin of California had a bill before the sen
ate 'to provide for the better protection of the people of California and Ore
gon.' Cony. Globe, vol. xxiv., pti. p. 471, 32d cong. 1st sess.; Or. Statesman,
April 6, 1852.
18 Cong. Globe, 1851-2, 1684.
MILITARY ROADS. 305
immigrations to open new routes, with the usual
amount of peril and suffering.19
Appropriations for military roads, which were asked
for by the legislature of 1852-3, had already been
urged by Lane at the first session of the 32d congress,
and were obtained at the second session, to the amount
of forty thousand dollars; twenty thousand to con
struct a military road from Steilacoom to Walla Wal
la,20 and twenty thousand for the improvement of the
road from the Umpqua Valley to Rogue River.21
19 The legislature of 1851-2 authorized a company of seven men, William
Macey, John Diamond, W. T. Walker, William Tandy, Alexander King,
Joseph Meadows, and J. Clarke, to explore an immigrant road from the up
per part of the Willamette Valley to Fort Boise", expending something over
$3,000 in the enterprise. They proceeded by the middle branch of the river,
by what is now known as the Diamond Peak pass, to the summit of the Cascade
Mountains. They named the peak to the south of their route Macey, now
called Scott peak; and that on the north Diamond peak. They followed
down a small stream to its junction with Des Chutes River, naming the
mountains which here cross the country from south-west to north-east the
Walker Range, and down Des Chutes to Crooked River, from which they
travelled east to the head of Malheur River, naming the butte which here
seems to terminate the Blue Range, King peak. After passing this peak they
were attacked by Indians, who wounded three of the party and captured
their baggage, when they wandered for 8 days with only wild berries to eat,
coming to the old immigrant road 60 miles from Boise", and returning to the
Willamette by this route. Or. Jour. Council, 1852-3, app. 13-15. Another
company was sent out in 1853 to improve the trail marked out by the first,
which they did so hastily and imperfectly that about 1,500 people who took
the new route were lost for five weeks among the mountains, marshes, and
deserts of the region about the head waters of the Des Chutes, repeating the
experiences in a great measure of the lost immigrants of 1845. No lives
were lost, but many thousand dollars' worth of property was sacrificed. Or.
Statesman, Nov. 1, 1853, May 16, 1854; Albany Register, Aug. 21, 1869. I
have before me a manuscript by Mrs Rowena Nichols, entitled Indian Af
fairs. It relates chiefly to the Indian wars of southern and eastern Oregon,
though treating also of other matters. Mrs Nichols was but 2| years old when
with her mother and grandmother she passed through this experience. She,
and one other child, a boy, lived on the milk of a cow which their elders
managed to keep alive during about six weeks, being unable to eat the beef
of starving oxen, like their elders. The immigration of this year amounted
to 6,480 men, women, and children, much less than that of 1852. T. Mercer,
in Washington Sketches, MS., 1; Hines' Or., 209; Olympia Columbian, Nov.
27, 1852; S. F. Alta, Aug. 16, Sept. 19, Oct. 7, 8, 24, and 25, and Nov. 21,
1853; S. F. D. Herald, Aug. 31, 1852; Or. Statesman, Oct. 4 and Nov. 1,
1853; Olympia Columbian, Nov. 26, 1853.
20 Evans in his Puyallup address says: 'Congress having made an appro
priation for a military road between Fort Walla Walla and Fort Steilacoom,
Lieut Richard Arnold was assigned the duty of expending it. He avoided
that mountain beyond Greenwater, but in the main adopted the work of the
immigrants of 18a3. The money was exhausted in completing their road.
He asked in vain that the labors of the citizens should be requited.' New To,'
coma Ledger, July 9, 1880. This road was opened in 1854 for travel.
21 This road was surveyed in 1853 by B. Alvord, assisted by Jesse Apple-
HIST. OB., VOL. II. 20
306 POLITICS AND PROGRESS.
After his re-election, Lane secured another twenty-
thousand-dollar appropriation to build the road asked
for by the legislature, from Scottsburg to connect
with the former road to Rogue River,22 besides other
appropriations sufficient to justify his boast that he
had obtained more money for his territory than any
other delegate had ever done.23
I have already spoken of the division of the ter
ritory according to the petitions of the inhabitants of
the territory north of the Columbia, and a memorial
of the legislature of 1852—3. This measure also
Lane advocated, upon the ground that the existing
territory of Oregon was of too great an area, and en
couraged the democratic party in Oregon to persist
in memorializing congress to remove the obnoxious
federal officers appointed by a whig president.24
The spring of 1853 brought the long-hoped-for
change in the federal appointments of the territory.
Two weeks after the inauguration of Pierce as presi
dent, Lane wrote his friends in Oregon that all the
gate. It was thought that a route might be found which would avoid the
Urapqua cation; but after expending one quarter of the appropriation in sur
veying, the remainder was applied to improving the canon and the Grave
Creek hills. The contracts were let to Lindsay Applegate and Jesse Roberts.
Cong. Globe, 1852-3, app. 332; Or. Statesman, Nov. 8, 1853.
22 The survey of this road was begun in October 1854, by Lieut Withers,
U. S. A., and completed, after another appropriation had been obtained, in
1858, by Col. Joseph Hooker, then employed by Capt. Mendall of the topo
graphical engineers. Hooker was born in Hadley, Mass., in 1819, graduated
at West Point in 1837; was adjutant at that post in 1841, and regimental ad
jutant in 1846. He rose to the rank of brevet colonel in the Mexican war,
after which he resigned and went to farming in Sonoma County, Cal., in
1853, losing all his savings. When the civil war broke out he was living in
Rogue River Valley, and at once offered his services to the government, and
made an honorable record. He died at Garden City, Long Island, in October
1879. Or. Statesman, June 3, 1861, and Aug. 18, 1862; Bowies' Far West, 453;
8. F. Bulletin, Nov. 1, 1879.
23 Law? s Autobiography, MS., 131. For his territory, and not for himself.
Lane's ambition was for glory, and not for money. He did compel congress
to amend the organic act which gave the delegate from Oregon only $2,500
mileage, and to give him the same mileage enjoyed by the California senators
and representatives, according to the law of 1818 on this subject. In the de
bate it came out that Tlmrston had received $900 over the legal sum, ' by
what authority the committee were unable to learn.' Cong. Globe, 1851-2,
1377.
24 The territorial officers chosen by the assembly were A. Bush, printer;
L. F. Grover, auditor; C. N. Terry, librarian; J. D. Boon, treasurer.
DISTRICTS AND JUDGES. 307
former incumbents of the federal offices were dis
placed except Pratt, and he was made chief justice,
with Matthew P. Deadv and Cyrus Olney25 as asso
ciates. Before the confirmation of the appointments,
however, Pratt's name, owing to some rumors unfa
vorable to him having reached Washington, was with
drawn,26 and that of George H. Williams,27 a judge
in Keokuk, Iowa, substituted.
With regard to the other judges, both residents of
Oregon, it was said that Lane procured the appoint
ment of Deady in order to have him out of his way
a few months later. But Deady was well worthy of
the position, and had earned it fairly. The appoint
ments were well received in Oregon, and the judges
opened courts in their respective districts under fa
vorable circumstances, Deady in the southern, Olney
in the northern, and Williams in the central counties.
But in October it began to be rumored that a new
appointment had been made for a judgeship in Ore
gon; to what place remained unknown for several
weeks, when 0. B. McFadden, of Pennsylvania, ap
peared in Oregon and claimed the 1st district, upon
the ground that in making out Deady's commission a
mistake in the name had been made, and that there-
25 Olney was a native of Ohio, studied law and was admitted to practice
in Cincinnati, removing after a few years to Iowa, where he was circuit
judge, and whence he emigrated to Oregon in 1851. He resided at different
times in Salem, Portland, and Astoria. He was twice a member of the legis
lature, and helped to frame the state constitution. He was twice married,
and had 7 children, none of whom survived him. He died at Astoria Dec.
28, 1870.
26 The charge preferred against Pratt in the senate was made by Stephen
A. Douglas, that he had been corrupted by British gold.
27 George H. Williams was born in Columbia County, N". Y., March 2,
1823. He received an academic education, and began the practice of law at
an early age in Iowa, where he was soon elected judge of the circuit court.
His circuit included the once famous Half-breed Tract, and the settlers elected
him in the hope that he would decide their titles to the land to be good; but
he disappointed them, and was not reflected. In the presidential campaign
of 1852, he canvassed Iowa for Pierce, and was chosen one of the electors to
carry the vote of the state to Washington. While there he obtained the
appointment of chief justice, and removed to Oregon the following year.
He retained this position till 1859, when the state was admitted. In person
tall, angular, and awkward, yet withal fine-looking, he possessed brain
power and force, and was even sometimes eloquent as a speaker. Corr. S. F.
Bulletin, in Portland Oregonian, Oct. 8, 1864.
308 POLITICS AND PROGRESS.
fore he was not duly commissioned. On this flimsy
pretence, by whom suggested was not known,28 Deady
was unseated and McEadden29 took his place. Being
regarded as a usurper by the majority of the democ
racy, McFadden was not popular. With his official
acts there was no fault to be found; but by public
meetings and otherwise Lane was given to under
stand that Oregon wanted her own men for judges,
and not imported stock. Accordingly, after holding
one term in the southern district, before the spring
came McFadden was transferred to Washington Ter
ritory, and Deady reinstated. From this time for
ward there was no more appointing of non-resident
judges with every change of administration at Wash
ington. The legislature of 1853-4 once more redis-
tricted the territory, making Marion, Linn, Lane,
Benton, and Polk constitute the 1st district; Clat-
sop, Washington, Yamhill, and Clackamas the 2d;
and the southern counties the 3d — and peace reigned
thenceforward among the judiciary.
As if to crown this triumph of the Oregon democ
racy, Lane, whose term as delegate expired with the
32d congress, was returned to Oregon as governor,
removing Gaines as Gaines had removed him.30
Lane's popularity at this time throughout the west
ern and south-western states, whence came the mass
of the emigration to Oregon, was unquestioned. He
was denominated the Marius of the Mexican war,31
the Cincinnatus of Indiana, and even his proceedings
28 Lane was accused, as I have said, of recommending Deady to prevent his
running for delegate, which was fair enough ; but it was further alleged that
he planned the error in the name, and the removal which followed, for which
there does not appear honorable motive.
2*0badiah B. McFadden was born in Washington county, Penn., Nov. 18,
1817. He studied law, and was admitted to practice in 1842, and in 1843 was
elected to the state legislature. In 1845 he was chosen clerk of the court of
common pleas of his county, and in 1853 was appointed by President Pierce
associate justice of the sup. ct for the territory of Oregon. Olympia Echo.
July 1, 1875.
30 In his Autobiography, MS., 58, Lane remarks: 'I took care to have
Gaines removed as a kind of compliment to me ' !
31 Jenkins1 History of the War with Mexico, 49&
CONGRESSIONAL ELECTION. 309
with regard to the Rogue River Indians were paraded
as brilliant exploits to make political capital. There was
an ingenuous vanity about his public and private acts,
and a happy self-confidence, mingled with a flattering
deference to some and an air of dignity toward others,
which made him the hero of certain circles in Washing
ton, as well as the pride of his constituency. It was
with acclaim therefore that he was welcomed back to
Oregon as governor, bringing with him his wife, chil
dren5, and relatives, to the number of twenty-nine, that
it might not be said of him that he was a non-resident
of the territory. He had taken pains besides to have
all the United States officers in Oregon, from the sec
retary, George L. Curry, to the surveyors of the ports,
appointed from the residents of the territory.32
Lane arrived in Oregon on the 16th of May, and
on the 19th he had resigned the office of governor to
become a candidate for the seat in congress he had
just vacated. The programme had been arranged be
forehand, and his name placed at the head of the
democratic ticket a month before his return. The
opposing candidate was Indian Agent A. A. Skinner,
Lane's superior in many respects, and a man every way
fitted for the position.33 The organization of political
82 B. F. Harding was made U. S. attorney; J. W. Nesmith, U. S. mar
shal; Joel Palmer, supt Indian affairs; John Adair, collector at Astoria; A.
C. Gibbs, collector at Umpqua; Win M King, port surveyor, Portland; Rob
ert W. Dunbar, port surveyor, Milwaukie; P. G. Stewart, port surveyor,
Pacific City; and A. L. Lovejoy, postal agent. A. C. Gibbs superseded
Colin Wilson, the first collector at Umpqua. The surveyors of ports re
moved were Thomas J. Dryer, Portland; G. P. Newell, Pacific City; N. Du
Bois, Milwaukie. Or. Statesman, April 30, 1853.
33 Alonzo A. Skinner was born in Portage co., Ohio, in 1814. He received
a good education, and was admitted to the bar in 1840, and in 1842 settled
in Putnam co., where he was elected prosecuting attorney, his commission
beimr signed by Thomas Corwin. In 1845 he emigrated to Oregon, being ap
pointed by Governor Abernethy one of the circuit judges under the provi
sional government, which office he retained till the organization of the ter
ritory. In 1851 he was appointed commissioner to treat with the Indians,
together with Governor Gaines and Beverly Allen._ In the latter part of that
Oregon in 1853, Lane being the successful candidate. After the expiration
of his term of office as Indian agent, he returned to Eugene City, which waa
founded by Eugene F. Skinner, where he married Eliza Lincoln, one of the
310 POLITICS AND PROGRESS.
parties, on national as well as local issues, began with
the contest between Lane and Skinner for the place
as delegate, by the advice of Lane, and with all the
ardor of the Salem clique of partisan democrats, whose
mouth-piece was the Oregon Statesman. The canvass
was a warm one, with all the chances in favor of Lane,
who could easily gain the favor of even the whigs of
southern Oregon by fighting Indians, whereas Skinner
was not a fighting man. The whole vote cast at the
election of 1853 was 7,486, and Lane's majority was
1,575, large enough to be satisfactory, yet showing
that there was a power to be feared in the ' people's
party,' as the opponents of democratic rule now styled
their organization.
As soon as the result became known, Lane repaired
to his land claim near Roseburg, and began building
a residence for his family.34 But before he had made
much progress, he was called to take part in subduing
an outbreak among the natives of Rogue River Val
ley and vicinity, which will be the subject of the next
chapter. Having distinguished himself afresh as gen
eral of the Oregon volunteers, he returned to Wash
ington in October to resume his congressional labors.
worthy and accomplished women sent out to Oregon as teachers by Governor
Slade. On the death of Riley E. Stratton, in 1866, he was appointed by Gov
ernor Woods to fill the vacancy on the bench of the sup. ct. On retiring
from this position he removed to Coos co., and was appointed collector of
customs for the port of Coos Bay, about 1870. He died in April 1877, at
Santa Cruz, Cal., whither he had gone for health. Judge Skinner was an old-
style gentleman, generous, affable, courteous, with a dignity which put vul
gar familiarity at a distance. If he did not inscribe his name highest on the
roll of fame, he left to his family and country that which is of greater value,
the memory of an upright and noble life. See Portland Oregonian, Oct. 1 877.
34 ' I had determined to locate in the Umpqua Valley, on account of the
scenery, the grass, and the water. It just suited my taste. Instead of in
vesting in Portland and making my fortune, I wanted to please my fancy.'
Lane's Autobiography, MS., 63. Gaines also took a claim about ten miles
from Salem. Or. Statesman, June 28, 1853.
CHAPTER XII.
ROGUE RIVER WAR,
1853-1854.
IMPOSITIONS AND RETALIATIONS — OUTRAGES BY WHITE MEN AND INDIANS —
THE MILITARY CALLED UPON — WAR DECLARED — SUSPENSION OF BUSI
NESS—ROADS BLOCKADED — FIRING FROM AMBUSH — ALDEN AT TABLE
ROCK— LANE IN COMMAND— BATTLE — THE SAVAGES SUE FOR PEACE—
ARMISTICE — PRELIMINARY AGREEMENT — HOSTAGES GIVEN — ANOTHFH
TREATY WITH THE ROGUE RIVER PEOPLE — STIPULATIONS— OTHER
TREATIES — COST OF THE WAR.
NOTWITHSTANDING the treaty entered into, as I have
related, by certain chiefs of Rogue River in the sum
mer of 1852, hostilities had not altogether ceased,
although conducted less openly than before. With
such a rough element in their country as these min
ers and settlers, many of them bloody-minded and un
principled men, and most of them holding the opinion
that it was right and altogether proper that the
natives should be killed, it was impossible to have
peace. The white men, many of them, did not want
peace. The quicker the country was rid of the red
skin vermin the better, they said. And in carrying
out their determination, they often outdid the savage
in savagery.
There was a sub-chief, called Taylor by white men,
who ranged the country about Grave Creek, a north
ern tributary of Rogue River, who was specially
hated, having killed a party of seven during a winter
storm and reported them drowned. He committed
other depredations upon small parties passing over
(311)
312 KOGUL RIVEB. WAR.
the road.1 It was believed, also, that white women
were prisoners among the Indians near Table Kock,
a rumor arising probably from the vague reports of
the captivity of two white girls near Klamath Lake.
Excited by what they knew and what they imag
ined, about the 1st of June, 1853, a party from
Jacksonville and vicinity took Taylor with three
others and hanged them. Then they went to Table
Rock to rescue the alleged captive white women, and
finding none, they fired into a village of natives, kill
ing six, then went their way to get drunk and boast
of their brave deeds.2
There was present neither Indian agent nor mili
tary officer to prevent the outrages on either side.
The new superintendent, Palmer, was hardly installed
in office, and had at his command but one agent,3
whom he despatched with the company raised to open
the middle route over the Cascade Mountains. As
to troops, the 4th infantry had been sent to the north
west coast in the preceding September, but were so
distributed that no companies were within reach of
Rogue River.4 As might have been expected, a few
weeks after the exploits of the Jacksonville com
pany, the settlements were suddenly attacked, and
a bloody carnival followed.5 Volunteer companies
quickly gathered up the isolated families and patrolled
lDrew, in Or. Jour. Council, 1857-8, app. 26; Or. Statesman, June 28,
1853; Jacksonville Sentinel, May 25, 1867; DoweWs Nar., MS., 5-6.
a ' Let our motto be extermination,' cries the editor of the Yreka Herald,
'and death to all opposers.' See also S. F. Alta, June 14, 1853; Jacksonville
Sentinel, May 25, 1867. The leaders of the company were Bates and Two-
good.
3 This was J. M. Garrison. Other appointments arrived soon after,
designating Samuel H. Culver and R. R. Thompson. J. L. Parrish waa
retained as sub-agent. Rept of Xupt Palmer, in &. S. H. Ex. Doc., L, vol.
i. pt. i. 448, 33d cong. 1st sess.
4 Five companies were stationed at Columbia barracks, Fort Vancouver,
one at Fort Steilacoom, one at the mouth of Umpqua River, two at Port Or-
ford, and one at Humboldt Bay. Cat. Mil. Aff. Scraps, 13-14; Or. States
man, Sept. 4, 1852.
5 August 4th, Richard Edwards was killed. August 5th, next night,
Thomas J. Mills and Rhodes Noland were killed, and one Davis and Burril
F. Griffin were wounded. Ten houses were burned between Jacksonville
and W. G. T'Vault's place, known as the Dardanelles, a distance of ten
miles.
GATHERING OF VOLUNTEERS. 313
the country, occasionally being fired at by the con
cealed foe.6 A petition was addressed to Captain Al-
den, in command of Fort Jones in Scott Valley,
asking for arms and ammunition. Alden immediately
came forward with twelve men. Isaac Hill, with a
small company, kept guard at Ashland.7
On the 7th of June, Hill attacked some Indians
five miles from Ashland, and killed six of them. In
return, the Indians on the 17th surprised an immi
grant camp and killed and wounded several.8 The
houses everywhere were now fortified; business was
suspended, and every available man started out to
hunt Indians.9
On the 15th S. Ettinger was sent to Salem with
a request to Governor Curry for a requisition on
Colonel Bonneville, in command at Vancouver, for a
howitzer, rifles, and ammunition, which was granted.
With the howitzer went Lieutenant Kautz and six
artillerymen; and as escort forty volunteers, officered
by J. W. Nesmith captain, L. F. Grover 1st lieu
tenant, W. K. Beale 2d lieutenant, J. D. McCurdy
surgeon, J. M. Crooks orderly sergeant.10 Over two
hundred volunteers were enrolled in two companies,
and the chief command was given to Alden. From
Yreka there were also eighty volunteers, under Cap-
6 Thus were killed John R. Hardin and Dr Rose, both prominent citizens
of Jackson county. Or. Statesman, Aug. 23, 1853.
7 The men were quartered at the houses of Frederick Alberding and Pat
rick Dunn. Their names, so far as I know, besides Alberding and Dunn,
were Thomas Smith, William Taylor, and Andrew B. Carter. The names
of settlers who were gathered in at this place were Frederick Heber and
wife; Robert Wright and wife; Samuel Grubb, wife and five children; Will
iam Taylor, R. B. Hagardine, John Gibbs, M. B. Morris, R. Tungate, Morris
Howell. On the 13th of Aug. they were joined by an immigrant party just
arrived, consisting of A. G. Fordyce, wife and three children, J. Kennedy,
Hugh Smith, Brice Whitmore, Ira Arrowsmith, William Hodgkins, wife and
three children, all of Iowa, and George Barnett of Illinois. Scraps of Southern
Or. /list., in AMand Tidimjs, Sept. 27, 1878.
8 Hugh Smith and John Gibbs were killed; William Hodgkins, Brice Whit
man, A. G. Fordyce, and M. B. Morris wounded.
9 Duncan's Southern Or., MS., 8, says: 'The enraged populace began to
slaughter right and left. ' Martin Aiigell, from his own door, shot an Indian.
Or. Statesman, Aug. 23, 1853.
10 G 'rover's Pub. Life in Or., MS., 29; Or. Statesman, Aug. 23, 30, 1853.
314 ROGUE RIVER WAR.
tain Goodall. By the 9th of August, both Nesmith
and the Indian superintendent were at Yoncalla,
Fighters were plenty, but they were without sub
sistence. Alden appointed a board of military com
missioners to constitute a general department of sup
ply.11 Learning that the Indians were in force near
Table Rock, Alden planned an attack for the night of
the llth; but in the mean time information came that
the Indians were in the valley killing and burning right
and left. Without waiting for officers or orders, away
rushed the volunteers to the defence of their homes,
and for several days the white men scoured the
country in small bands in pursuit of the foe. Sam,
the war chief of Rogue River, now approached the
volunteer camp and offered battle. Alden, having
once more collected his forces, made a movement on
the 15th to dislodge the enemy, supposed to be en
camped in a bushy canon five miles north of Table
Rock, but whom he found to have changed their po
sition to some unknown place of concealment. Fol
lowing their trail was exceedingly difficult, as the
savages had fired the woods behind them, which ob
literated it, filled the atmosphere with smoke and
heat, and made progress dangerous. It was not until
the morning of the 17th that Lieutenant Ely of the
Yreka company discovered the Indians on Evans
Creek, ten miles north of their last encampment.
Having but twenty-five men, and the main force hav
ing returned to Camp Stuart for supplies, Ely fell
back to an open piece of ground, crossed by creek
channels lined with bunches of willows, where, after
sending a messenger to headquarters for reenforce-
ments, he halted. But before the other companies
could come up, he was discovered by Sam, who has
tened to attack him.
Advancing along the gullies and behind the willows,
the Indians opened fire, killing two men at the first
11 George Dart, Edward Shell, L. A. Loomis, and Richard Dugan consti
tuted the commission.
BATTLE NEAR TABLE ROCK. 315
discharge. The company retreated for shelter, as
rapidly as possible, to a pine ridge a quarter of a mile
away, but the savages soon flanked and surrounded
them. The fight continued for three and a half
hours, Ely having four more men killed and four
wounded.12 Goodall with the remainder of his com
pany then came up, and the Indians retreated.
On the 21st, and before Alden was ready to move,
Lane arrived with a small force from Roseburg.13 The
command was tendered to Lane, who accepted it.14
A battalion under Ross was now directed to pro
ceed up Evans Creek to a designated rendezvous, while
two companies, captains Goodall and Rhodes, under
Alden with Lane at their head, marched by the way
of Table Rock. The first day brought Alden's com
mand fifteen miles beyond Table Rock without hav
ing discovered the enemy; the second day they passed
over a broken country enveloped in clouds of smoke ;
the third day they made camp at the eastern base of
a rocky ridge between Evans Creek and a small stream
farther up Rogue River. On the morning of the fourth
day scouts reported the Indian trail, and a road to it
was made by cutting a passage for the horses through
a thicket.
Between nine and ten o'clock, Lane, riding in ad
vance along the trail which here was quite broad,
heard a gun fired and distinguished voices. The
troops were halted on the summit of the ridge, and
12 J. Shane, F. Keath, Frank Perry, A. Douglas, A. C. Colburn, and L.
Locktirg were killed, and Lieut Ely, John Albin, James Carrol, and Z. Shutz
wounded. Or. Statesman, Sept. 6, 1853; S. F. Alia, Aug. 28, 1853.
13 Accompanying Lane were Pleasant Armstrong of Yamhill county, James
Cluggage, who had been to the Umpqua Valley to enlist if possible the
Klickitat Indians against the Rogue Rivers, but without success, and eleven
others. See Lane's Autobiography, MS., 63.
14 Curry had commissioned Lane brigadier-general, and Nesmith, who had
not yet arrived, was bearer of the commission, but this was unknown to either
Alden or Lane at the time. Besides, Lane was a more experienced field-officer
than Alden; but Capt. Cram, of the topographical engineers, subsequently
blamed Alden, as well as the volunteers, because the command was given to
Lane, 'while Alden, an army officer, was there to take it.' U. S. H. Ex. Doc.,
114, p. 41, 35th cong. 2d sess.; H. Ex. Doc., i., pt ii. 42, 33d cong. 1st sess.
316 ROGUE RIVER WAR.
ordered to dismount in silence and tie their horses.
When all were ready, Alden with Goodall's company
was directed to proceed on foot along the trail and
attack the Indians in front, while Rhodes with his
men took a ridge to the left to turn the enemy's flank,
Lane waiting for the rear guard to come up, whom he
intended to lead into action.15
The first intimation the Indians had that they were
discovered was when Aldeii's command fired into
their camp. Although completely surprised, they
made a vigorous resistance, their camp being forti
fied with logs, and well supplied with ammunition.
To get at them it was necessary to charge through
dense thickets, an operation both difficult and dan
gerous from the opportunities offered of an am
bush. Before Lane brought up the rear, Alden
had been severely wounded, the general finding him
lying in the arms of a sergeant. Lane then led a
charge in person, and when within thirty yards of the
enemy, was struck by a rifle-ball in his right arm near
the shoulder.
In the afternoon, the Indians called out for a
parley, and desired peace; whereupon Lane ordered
a suspension of firing, and sent Robert B. Metcalfe
and James Bruce into their lines to learn what they
had to say. Being told that their former friend,
Lane, was in command, they desired an interview,
which was granted.
On going into their camp, Lane found many
wounded; and they were burning their dead, as if
fearful they would fall into the hands of the enemy.
He was met by chief Jo, his namesake, and his
brothers Sam and Jim, who told him their hearts
were sick of war, and that they would meet him seven
days thereafter at Table Rock, when they would give
15 In this expedition, W. G. T'Vault acted as aid to Gen. Lane, C. Lewis,
a volunteer captain, as asst adjutant-gen., but falling ill on the 29th, Capt.
L. F. Mosher, who afterward married one of Lane's daughters, took his place.
Mosher had belonged to the 4th Ohio volunteers. Lane's Rept in U. S. H.
Ex. Doc. i., pt ii. 40, 33d cong. 1st sess.
ARMISTICE. 317
up their arms,16 make a treaty of peace, and place
themselves under the protection of the Indian super
intendent, who should be sent for to be present at the
council. To this Lane agreed, taking a son of Jo as
hostage, and returning to the volunteer encampment
at the place of dismounting in the morning, where the
wounded were being cared for and the dead being
buried.17
The Ross battalion arrived too late for the fight,
and having had a toilsome march were disappointed,
and would have renewed the battle, but were restrained
by Lane. Although for two days the camps were
within four hundred yards of each other, the truce
remained unbroken. During this interval the Indian
women brought water for the wounded white men;
and when the white men moved to camp, the red men
furnished bearers for their litters.18 I find no men
tion made of any such humane or Christian conduct
on the part of the superior race.
On the 29th, both the white and red battalions
moved slowly toward the valley, each wearing the
appearance of confidence, though a strict watch was
covertly kept on both sides.19 The Indians established
themselves for the time on a high piece of ground
directly opposite the perpendicular cliffs of Table
Rock, while Lane made his camp in the valley, in
plain view from the Indian position, and about one
mile distant, on the spot where Fort Lane was after
ward located.
16 They had 111 rifles and 86 pistols. S. F. Alta, Sept. 4, 1853.
17 See Or. Statesman, Nov. 15, 1853. Among the slain was Pleasant Arm
strong, brother of the author of Oregon, a descriptive work from which I have
sometimes quoted. The latter says that as soon as the troops were away the
remains of his brother were exhumed, and being cut to pieces were left to the
wolves. Armstrong's Or., 52-3. John Scarborough and Isaac Bradley were
also killed. The wounded were 5 in number, one of whom, Charles C. Abbe,
afterward died of his wounds. The Indian loss was 8 killed and 20 wounded.
18 Lane's Autobiography, MS., 96-7.
™ Siskiyou County Affairs, MS., 2, 4-5; Minto's Early Days, MS., 46; Gro-
ver's Pub. Life, MS., 28-51; Brown's Saltm Dir., 1871, 33-5; Yreka Moun
tain Herald, Sept. 24, 1853; Or. Statesman, Oct. 11, 1853; U.S. H.Ex. Doc.,
114, p. 41-2, 35th cong. 2d sess.; Jarksonville Sentinel, July 1, 1867; Meteorol.
If eg., 1853-4, 594; Nesmith's Reminiscences, in Trans. Or. Pioneer Asso., 1879,
p. 44; Or. Statesman, Sept. 27, 1853.
318 ROGUE RIVER WAR.
The armistice continued inviolate so far as con
cerned the volunteer army under Lane, and the Ind
ians under Sam, Jo, and Jim. But hostilities were
not suspended between independent companies rang
ing the country and the Grave Creek and Apple-
gate Creek Indians, and a band of Shastas under
Tipso, whose haunts were in the Siskiyou Moun
tains.20
A council, preliminary to a treaty, was held the 4th
of September, when more hostages were given, and
the next day Lane, with Smith, Palmer, Grover, and
others, visited the Rogue River camp. The 8th was
set for the treaty-making. On that day the white
rnen presented themselves at the Indian encampment
in good force and well armed. There had arrived, be
sides, the company from the Willamette, with Kautz
and his howitzer,21 all of which had its effect to obtain
their consent to terms which, although hard, the con
dition of the white settlers made imperative,22 placing
20R. Williams killed 12 Indians and lost one man, Thomas Philips.
Owens, on Grave Creek, under pledge of peace, got the Indians into his camp
and shot them all. U. S. H. Ex. Doc., 99, p. 4, 33d cong. 1st sess. Again
Williams surprised a party of Indians on Applegate Creek, and after induc
ing them to lay down their arms shot 18 of them, etc.
21 The Indians had news of the approach of the howitzer several days be
fore it reached Rogue River. They said it was a hyas rifle, which took a
hatful of powder for a load, and would shoot down a tree. It was an ob
ject of great terror to the Indians, and they begged not to have it tired.
Or. Statesman, Sept. 27, 1853.
22 The treaty bound the Indians to reside permanently in a place to be set
aside for them ; to give up their fire-arms to the agent put over them, except
a few for hunting purposes, 17 guns in all ; to pay out of the sum received for
their lands indemnity for property destroyed by them ; to forfeit all their
annuities should they go to war again against the settlers; to notify the
agent of other tribes entering the valley with warlike intent, and assist in
expelling them ; to apply to the agent for redress whenever they suffered any
grievances at the hands of the white people; to give up, in short, their en
tire independence and become the wards of a government of which they knew
nothing.
The treaty of sale of their lands, concluded on the 10th, conveyed
all the country claimed by them, which was bounded by a line beginning at
a point near the mouth of Applegate Creek, running southerly to the summit
of the Siskiyou Mountains, and along the summits of the Siskiyou and Cas
cade mountains to the head waters of Rogue River, and down that stream to
Jump Off Joe Creek, thence down said creek to a point due north of, and
thence to, the place of beginning — a temporary reservation being made of
about 100 square miles on the north side of Rogue River, between Table
Rojk and Evans Creek, embracing but ten or twelve square miles of arable
COUNCIL AND TREATY. 319
the conquered wholly in the power of the conquer
ors, and in return for which they were to receive
quasi benefits which they did not want, could not
understand, and were better off without. A treaty
was also made with the Cow Creek band of Umpquas,
usually a quiet people, but affected by contact with
the Grave Creek band of the Rogue River nation/
23
land, the remainder being rough and mountainous, abounding in game, while
the vicinity of Table Rock furnished their favorite edible roots.
The United States agreed to pay for the whole Rogue River Valley thus
sold the sum of $60,000, after deducting $15,000 for indemnity for losses of
property by settlers; $5,000 of the remaining $45,000 to be expended in ag
ricultural implements, blankets, clothing, and other goods deemed by the sup.
most conducive to the welfare of the ludians, on or before the 1st day of
September 1854, and for the payment of such permanent improvements as had
been made on the land reserved by white claimants, the value of which
should be ascertained by three persons appointed by the sup. to appraise them.
The remaining $40,000 was to be paid in 16 equal annual instalments of
$2,500 each, commencing on or about the 1st of September, 1854, in clothing,
blankets, farming utensils, stock, and such other articles as would best meet
the needs of the Indians. It was further agreed to erect at the expense of
the government a dwelling-house for each of three principal chiefs, the cost of
which should not exceed $500 each, which buildings should be put up as
soon as practicable after the ratification of the treaty. When the Indians
should be removed to another permanent reserve, buildings of equal value
should be erected for the chiefs, and $15,000 additional should be paid to the
tribe in five annual instalments, commencing at the expiration of the previ
ous instalments.
Other articles were added to the treaty, by which the Indians were bound
to protect the agents or other persons sent by the U. S. to reside among
them, and to refrain from molesting any white person passing through their
reserves. It was agreed that no private revenges or retaliations should be
indulged in on either side; that the chiefs should, on complaint being made
to the Indian agent, deliver up the offender to be tried and punished, con
formably to the laws of the U. S.; and also that on complaint of the Indians
for any violation of law by white men against them, the latter should suffer
the penalty of the law.
The sacredness of property was equally secured on either side, the Ind
ians promising to assist in recovering horses that had been or might be stolen
by their people, and the United States promising indemnification for prop
erty taken from them by the white men. And to prevent mischief being
made by evil-disposed persons, the Indians were required to deliver up on
the requisition of the U. S. authorities or the agents or sup. any white per
son residing among them. The names appended to the treaty were Joel
Palmer, superintendent of Indian affairs; Samuel H. Culver, Indian agent;
Apserkahar (Jo), Toquahear (Sam), Anachaharah (Jim), John, and Lympe.
The witnesses were Joseph Lane, Augustus V. Kautz, J. W\ Nesmith, R. B.
Metcalf, John (interpreter), J. D. Mason, and T. T. Tierney. Or. States
man, Sept. 27, 1853; Nesmith's Reminiscences, in Trans. Or. Pioneer ASM.,
1879, 46; Portland West Shore, May, 1879, 154-5; 8. F. Alta, Sept. 24, 1853;
Palmer's Wagon Trains, MS., 50; 2nd. Aff. Kept, 1856, 265-7; and 1865,
469-71.
23 The land purchased from the Cow Creek band was in extent about 800
square miles, nearly one half of which was excellent farming land, and the
remainder mountainous, with a good soil and fine timber. The price agreed
320 ROGUE RIVER WAR.
On the whole, the people of Rogue River behaved
very well after the treaty. The settlers and miners
in the Illinois Valley about the middle of October be
ing troubled by incursions of the coast tribes, who had
fled into the interior to escape the penalty of their
depredations on the beach miners about Crescent City,
Lieutenant R. C. W. Radford was sent from Fort
Lane with a small detachment to chastise them.
Finding them more numerous than was expected,
Radford was compelled to send for reinforcements,
which arriving under Lieutenant Caster on the 22d,
a three days' chase over a mountainous country brought
them up with the marauders, when the troops had a
skirmish with them, killing ten or more, and captur
ing a considerable amount of property which had been
stolen, but losing two men killed and four w^ounded.
O
After this the miners hereabout took care of them
selves, and made a treaty with that part of the Rogue
River tribe, which was observed until January 1854,
when a party of miners from Sailor Diggings, in their
pursuit of an unknown band of robbers attacked the
treaty Indians, some being killed on both sides; but
the Indian agent being sent for, an explanation en
sued, and peace was temporarily restored.
The Indian disturbances of 1853 in this part of Or
egon, according to the report of the secretary of war,24
cost the lives of more than a hundred white persons
and several hundred Indians. The expense was esti
mated at $7,000 a day, or a total of $258,000, though
the war lasted for little more than a month, and there
had been in the field only from 200 to 500 men.
In addition to the actual direct expense of the war
upon was $12,000, two small houses, costing about $200, fencing and plowing
a field of five acres, and furnishing the seed to sow it; the purchase money
to be paid in annual instalments of goods. This sum was insignificant com
pared to the value of the land, but bargains of this kind were graded by the
number of persons in the band, the Cow Creeks being but few. Besides,
Indian agen.s who intend to have their treaties ratified must get the best
bargains that can be extorted from ignorance and need.
" U. S. H. Ex. Doc., i., pt ii. 43, 33d cong. 1st sese.
COST OF FIGHTING. 321
was the loss by settlers, computed by a commission
consisting of L. F. Grover, A. C. Gibbs, and G. H.
Ambrose 25 to be little less than $46,000. Of this
amount $17,800, including payment for the improve
ments on the reserved lands, was deducted from the
sum paid to the Indians for their lands, which left
only $29,000 to be paid by congress, which claims,
together with those of the volunteers, were finally
settled on that basis.26
25 Portland Oregonian, Dec. 30, 1854; U. 8. H. Ex. Doc., 65, 43d cong.
2d sess.
The names of the claimants on account of property destroyed, on which
the Indian department paid a pro rata of 34.77 per cent out of the $15,000
retained from the treaty appropriation for that purpose, were as follows,
showing who were doing business, had settled, or were mining in the Rogue
River Valley at this period: Daniel and Ephraim Raymond, Clinton Barney,
David Evans, Martin Angell, Michael Brennan, Albert B. Jennison, William
J. Newton, Wm Thompson, Henry Rowland, John W. Patrick, John R.
Hardin, Pleasant W. Stone, Jeremiah Yarnel, Wm S. King, Cram, Rogers &
Co., Edith M. Neckel, John Benjamin, David N. Birdseye, Lewis Rotherend,
Mary Ann Hodgkins, George H. C. Taylor, John Markley, Sigmond Eulinger,
James C. Tolman, Henry Ham, William M. Elliott, Silas and Edward Day,
James Triplett, Nathan B. Lane, John Agy, James Bruce, James B. Fryer,
Win G. F. Vank, Hall & Burpee, John Penneger, John E. Ross, John S.
Miller, D. Irwin, Burrell B. Griffin, Traveena McComb, Wm N. Ballard,
Freeman Smith, Nicholas Kohenstein, Daniel F. Fisher, Thomas D. Jewett,
Sylvester Pease, David Hay hart, McGreer, Drury & Runnels, James Mooney,
John Gheen, Theodosia Cameron, James Abrahams, Francis Nasarett, Gal
ley & Oliver, T. B. Sanderson, Frederick Rosenstock, Dunn & Alluding, Asa
G Fordyce, Obadiah D. Harris, James L. London, Samuel Grubb, Wm
Kahler, Samuel Williams, Hiram Niday, John Anderson, Elias Huntington,
Shertack Abrahams, Thomas Frazell, Weller & Rose, Robert B. Metcalf,
Charles Williams, John Swinden, James R. Davis, Isaac Woolen, Wm M.
Hughs. Of the settlers on the reservation lands who brought claims were
these: David Evans, Matthew G. Kennedy, John G. Cook, William Hutch-
inson, Charles Grey, Robert B. Metcalf, Jacob Gall, George H. C. Taylor,
John M. Silcott, James Lesly. Report of Supt Palmer, in U. 8. H. Ex. Doc.,
52, p. 3-5, 38th con^. 2d sess.
HIST. OB., VOL. II. 21
CHAPTER XIII.
LEGISLATION, MINING, AND SETTLEMENT.
1853-1854.
JOHN W. DAVIS AS GOVERNOR — LEGISLATIVE PROCEEDINGS — APPROPRIATIONS
BY CONGRESS— OREGON ACTS AND RESOLUTIONS — AFFAIRS ON THE UMP-
QHA — LIGHT-HOUSE BUILDING — BEACH MINING— INDIAN DISTURBANCES —
PALMER'S SUPERINTENDENCE — SETTLEMENT OF Coos BAY — EXPLORA
TIONS AND MOUNTAIN-CLIMBING — POLITICS OF THE PERIOD— THE QUES
TION OF STATE ORGANIZATION — THE PEOPLE NOT BEADY — HARD TIMES —
DECADENCE OF THE GOLD EPOCH— RISE OF FARMING INTEREST— SOME
FIRST THINGS — AGRICULTURAL SOCIETIES — WOOLEN MILLS— TELE
GRAPHS— RIVER AND OCEAN SHIPPING INTEREST AND DISASTERS — WARD
MASSACRE — MILITARY SITUATION.
LATE in October 1853 intelligence was received in
Oregon of the appointment of John W. Davis of In
diana as governor of the territory.1 He arrived very
opportunely at Salem, on the 2d of December, just as
the legislative assembly was about to convene. He
brought with him the forty thousand dollars appro
priated by congress for the erection of a capitol and
penitentiary, which the legislature had been anxiously
awaiting to apply to these purposes. Whether or
not he was aware of the jealousy with which the law-
making body of Oregon had excluded Governor Gaines
from participating in legislative affairs, he prudently
1 Davis was a native of Pennsylvania, where he studied medicine. He sub
sequently settled in Indiana, served in the legislature of that state, being
speaker of the lower house, and was three times elected to congress, serving
from 1835 to 1837, from 1839 to 1841, and from 1843 to 1847. He was once
speaker of the house of representatives, and twice president of the national
democratic convention. During Polk's administration he was commissioner
to China. He died in 1859. Or. Statesman, Oct. 25, 1853; Id., Oct. 11, 1859;
•Or. Argus, Oct. 15, 1859.
(322)
LEGISLATURE 1853-4. 323
refrained from overstepping the limits assigned him
by the organic law. When informed by a joint reso
lution of thf> assembly that they had completed their
organization,2 he simply replied that it would afford
him pleasure to communicate from time to time from
the archives any information they might require.
This was a satisfactory beginning, and indicated a pol
icy from which the fourth gubernatorial appointee
found no occasion to depart during his administra
tion.
The money being on hand, the next thing was to
spend it as quickly as possible,3 which the commis
sioners had already begun to do, but which the legis
lature was compelled to check* by appointing a new
penitentiary board, and altering the plans for the cap-
itol building. A bill introduced at this session to re-
2 The members of the council elected for 1853-4 were L. P. Powers, of
Clatsop; Ralph Wilcox, of Washington; J. K. Kelly, of Clackamas; Benj.
Simpson, of Marion; John Richardson, of Yamhill; J. M. Fulkerson, of Polk.
Those holding over were L. W. Phelps, A. L. Humphry, and Levi Scott.
The house of representatives consisted of J. W. Moffit, Z. C. Bishop, Robert
Thompson, F. C. Cason, L. F. Carter, B. B. Jackson, L. F. Grover, J. C.
Peebles, E. F. Colby, Orlando Humason, Andrew Shuck, A. B. Westerfield,
R. P. Boise, W. S. Gilliam, I. N. Smith, Luther Elkins, J. A. Bennett, Benj.
A. Chapman, H. G-. Hadley, Wm J. Martin, George H. Ambrose, John F.
Miller, A. A. Durham, L. 8. Thompson, S. Goff, Chauncey Nye. There was
but one whig in the council, and four in the house. Or. Statesman, June 28,
1853. Ralph Wilcox was elected president of the council; Samuel B. Gar-
rett, of Benton, chief clerk; and A. B. P. Wood, of Polk, assistant clerk;
John K. Delashmutt, sergeant-at-arms. The house was organized by electing
Z. C. Bishop, speaker; John McCracken, chief clerk; C. P. Crandell, enroll
ing clerk; G. D. R. Boyd, assistant clerk; G. D. Russell, sergeant-at-arms,
and Joseph Hunsaker, doorkeeper. Or. Jour. Council. 1853 4, p. 4, 5.
3 Half of the $20,000 appropriated for a state house, according to the com
missioners' report, was already expended on the foundations, the architect's
plan being to make an elegant building of stone, costing, at his estimate,
$75,000. The land on which the foundation was laid was block 84 in the
town of Salem, and was donated by W. H. Willson and wife, from the land
which they succeeded in alienating from the methodist university lands,
this being one way of enhancing the value of the remainder. The legislature
ordered the superstructure to be made of wood.
4 The penitentiary commissioners had selected two blocks of land in Port
land, and had made some slight progress, expending $5,000 of the $20,000
appropriated. William M. King, president of the board, charged $10 per
day as commissioner, and $5 more as acting commissioner. He speculated
in lots, paying Lownsdale $150 each for four lots, on condition that two lota
should bo given to him, for which he received $300. 'In this way,' says the
Orryonian of Feb. 4, 1854, 'King has pocketed $925, Lownsdale $600, and
Frush $2,800, of the penitentiary fund. Add to this between $1,100 and
$1,200 for his invaluable services for letting all the prisoners run away, and
we have a fair exhibit of financiering under democratic misrule in Oregon.'
324 LEGISLATION, MINING, AND SETTLEMENT.
locate the seat of government may have had some
influence in determining the action of the assembly
with regard to the character of the edifice already in
process of construction. It was the entering wedge
for another location war, more bitter and furious
than the first, and which did not culminate until
1855-6. The university had not made so much ad
vancement as the state house and penitentiary, the
appropriations for the former being in land, which had
to be converted into money.5
Eemembering the experiences of the past three
years, the legislative assembly enacted a militia law
constituting Oregon a military district, and requiring
the appointment by the governor of a brigadier-gen
eral, who should hold office for three years, unless
sooner removed; and the choice at the annual election
in each council district of one colonel, one lieutenant-
colonel, and one major, who should meet at a conven
ient place, within three months, and lay off their regi
mental district into company districts, to contain as
nearly as possible one hundred white male adults be
tween the ages of eighteen and forty-five years capa
ble of bearing arms, and who should appoint captains
and lieutenants to each company district, the captains
to appoint sergeants and corporals. Commissions
were to issue from the governor to all officers except
sergeants and corporals, the term of office to be two
years, unless prevented by unsoundness of mind or
body, each officer to rank according to the date of
his commission, the usual rules of military organiza
tion and government being incorporated into the act.6
In compliance with this law, Governor Davis appointed,
5 The legislature of 1852-3 had authorized the commissioners to construct
the university building 'at the town of Marysville, in the county of Benton,
on such land as shall be donated for that purpose by Joseph P. Friedly,'
unless some better or more eligible situation should be offered. Or. Statesman,
Feb. 5, 1853. The commissioners to select the two townships had only just
completed their work.
6 Or. Jour. Council, 1853-4, 113, 118, 128; Laws of Or., in Or. Statesman,
Feb. 21, 1854; Or. Jour. Council, 1854-5, app. 12, 15, 17.
RAILROAD CHARTERS. 325
in April 1854, J. W. Nesmith, brigadier-general; E. M.
Barnum, adjutant -general; M. M. McCarver, com
missary-general; and S. C. Drew, quartermaster-gen
eral.7 An act was also passed providing for taking
the will of the people at the June election, concerning
a constitutional convention, and the delegate was in
structed to secure from congress an act enabling them
to form a state government.8 But the people very
sensibly concluded that they did not want to be a
state at present, a majority of 869 being against the
measure ; nor did congress think well of it, the slavery
question as usual exercising its influence, and although
Lane said that Oregon had 60,000 population, which
was an exaggeration.
OO
The doings of the alcaldes of Jackson county as
justices of the peace were legalized; for up to the
time of the appearance of a United States judge in
that county the administration of justice had been
irregular, and often extraordinary, making the per
sons engaged in it liable to prosecution for illegal
proceedings, and the judgments of the miners' courts
void.9 The business of the session, taken all in all,
was unimportant.10 Worthy of remark was the char-
7 At the June election, Washington county chose J. L. Meek col, R. M.
Porter lieut-col, John Pool maj.; Yamhill, J. W. Moffit col, W. Starr
lieut-col, J. A. Campbell maj.; Marion, George K. Sheil col, John McCracken
lieut-col, J. C. Geer maj.; Clackamas, W. A. Casoii col, Thos Waterbury
lieut-col, W. B. Magers maj.; Linn, L. S. Helm col, N. G. McDonald
lieut-col, Isaac N. Smith maj.; Douglas, W. J. Martin col, J. S. Lane lieut-
col, D. Barnes maj.; Coos, Stephen Davis col, C. Gunning lieut-col, Hugh
O'Xeil maj. Or. Statesman, June 13, 20, 27, 1854. Polk and Tillamook coun
ties elected J. K. Delashmutt col, B. F. McLench lieut-col, B. F. Burch maj.;
Benton and Lane, J. Kendall col, Jacob Allen lieut-col, William Gird maj.;
Jackson, John E. Ross col, Win J. Newton lieut-col. James H. Russell maj.
Or. Statesman, July 1, 1854. Or. Jour. Council, 1857-8, App. 57.
bLaw* of Or., in Or. Statesman, Feb. 7, 1854; Cony. Globe, vol. 28, pt
ii. 1117-8, 33d cong. 1st sess.
9 Or. Jour. Council, 1853-4, 50; Or. Statesman, Jan. 17, 1854. The former
alcaldes were John A. Hardin, U. S. Hayden, Chauncey Nye, Clark Rogers,
and W. W. Fowler. Laws of Oregon, in Or. Statesman, Jan. 17, 1854.
And this, notwithstanding Fowler had sentenced one Brown to be hanged
for murder. Pri:ns Judicial Anecdotes, MS., 10. The first term of the U. S.
district court held by Judge Deady began Sept. 5, 1853.
10 Coos, Columbia, and Wasco counties were established. The name of
Marysville was changed to Corvallis. Rogue River had its name changed
to Gold River, and Grave Creek to Leland Creek; but such is the force of
custom, these changes were not regarded, and the next legislature changed
326 LEGISLATION, MINING, AND SETTLEMENT.
tering of four railroad companies, only one of which
took any steps toward carrying out the declared inten
tions of the company. In the case of the Willamette
Valley Railroad Company, the commissioners held
one meeting at Thorp's mills, in Polk county, and
appointed days for receiving subscriptions in each
of the counties. But the time was not yet ripe for
railroads, and this temporary enthusiasm seems to
have been aroused by the Pacific railroad survey, then
in progress in the north-west territory of the United
States.11
The success of the Oregon delegates in securing
appropriations led the assembly to ask for money from
the general government for " every conceivable pur
pose," as their mentor, the Statesman, reminded them,
and for which it reproved them. Yet the greater part
of these applications found favor with congress, either
through their own merits or the address of the dele-
the name of Gold River back to Rogue River. The methodists incorporated
Santiain Academy at Lebanon, in Linn county, Portland Academy and Fe
male Seminary at Portland, and Corvallis Academy at Corvallis. The pres-
byteriana incorporated Union Academy at Union Point. The congregation-
alists incorporated Tualatin Academy and Pacific University at Forest
Grove; and the citizens of Polk county the Rickreal Academy, on the land
claim of one Lovelady — Rickreal being the corruption of La Creole, in com
mon use with the early settlers. Albany had its name changed to Tekanah,
but it was changed back again next session. Thirty wagon roads were peti
tioned for, and many granted, and the Umpqua Navigation and Manu
facturing Company was incorporated at this session, the object of which
was to improve the navigation of the river at the head of tide-water, and
utilize the water-power at the falls for mills and manufactories. The com
pany consisted of Robert J. Ladd, J. W. Drew, R. E. Stratton, Benjamin
Brattan, and F. W. Merritt; but nothing came of it, the navigation of the
river being impracticable. None of the plans for making Scottsburg a
manufacturing town at this time, or down to the present, succeeded. An
appropriation for the improvement of the river above that place was indeed
secured from congress and applied to that purpose a few years later, so far
that a small steamer built for a low stage of water made one trip to Win
chester. The Umpqua above the falls at Scottsburg is a succession of rapids
over rocky ledges which form the bottom of the stream. The water in sum
mer is shallow, and in winter often a rushing torrent. In the winter of 1861-2
it carried away the mills and most of the valuable improvements at the lower
town, which were not rebuilt.
11 The Willamette Valley railroad was to have been built on the west side
of the valley. The commissioners were Fred. Waymire, John Thorp, and
Martin L. Barber. Or. Statesman, April 25, 1854. The first railroad pro
jected in Oregon was from St Helen, on the Columbia, to Lafayette, the
idea being put forth by H. M. Knighton, original owner of the former place,
and Crosby and Smith, owners of Milton town site. See Or. Spectator, April
17, 1851.
APPROPRIATIONS. 327
gate in advocating them. The principal appropria
tions now obtained were the sum before mentioned
for paying the expenses of the Rogue River war;
$10,000 to continue the military road from Myrtle
Creek to Scottsburg; and $10,000 in addition to a
former appropriation of $15,000 to construct a light
house at the mouth of the Umpqua, with a propor
tionate part of a general appropriation of $59,000 to
be used in the construction of light-houses on the coasts
of California and Oregon.12 •
12 Cong. Globe, 1853-4, 2249. This work, which had been commenced
on the Oregon coast in 1853, was delayed by the loss of the bark Oriole
of Baltimore, Captain Lentz, wrecked on the bar of the Columbia the
19th of Sept., just as she had arrived inside, with material and men to
erect the light-house at Cape Disappointment. The wind failing, on the
ebb of the tide the Oriole drifted among the breakers, and on account of the
stone and other heavy cargo in her hold, was quickly broken up. The
crew and twenty workman, with the contractor, F. X. Kelley, and the bar-
pilot, Capt. Flavel, escaped into the boats, and after twelve hours' work to
keep them from being carried out to sea, were picked up by the pilot-boat
and taken to Astoria. Thus ended the first attempt to build the much needed
light-house at the mouth of the Columbia. In 1854 Lieut George H. Derby
was appointed superintendent of light-houses in Cal. and Or. Additional ap
propriations were asked for in 1854. In 185G the light-house at Cape Disap
pointment was completed. Its first keeper was John Boyd, a native of
Maine, who came to Or. in 1853, and was injured in the explosion of the Ga
zelle. He married Miss Olivia A. Johnson, also of Maine, in 1859. They
had four children. Boyd died Sept. 10, 1865, at the Cape. Portland Orego-
ni(in, Sept. 18, 1865. The accounting officer of the treasury was authorized
to adjust the expenses of the commissioners appointed by the ter. assembly
to prepare a code of laws, and of collecting and printing the laws and archives
of the prov. govt. U. S. House Jour., 725, 33d cong. 1st sess; Cong. Globe,
1853-4, tipp. 2322. The laws and archives of the provisional government,
compiled by L. F. Grover, were printed at Salem by Asahel Bush. The
code was sent to New York to be printed. The salaries of the ter. judges
and the sec. were increased $500 each, and the services of Geo. L. Curry,
while acting governor, were computed the same as if he had been gov
ernor. The legislative and other contingent expenses of the ter. amounted
to $32,000, besides those of the surv.-gen. office, Ind. dep., mil. dep., and
mail service. The expenses of the govt, not included in those paid by
the U. S., amounted for the fiscal year ending Dec. 1853 to only $3,359.54;
and the public debt to no more than $855.37. Or. Statesman, Dec. 20, 1853;
Or. Journal Council, 1853-4, p. 143-5; Portland Oregonian, Jan. 27, 1854.
Two new districts for the collection of customs were established at the 2d
sess. of the 33d cong., viz., Cape Perpetua, and Port Orford, with collectors
drawing salaries of $2,000 each, who might employ each a clerk at $1,500;
and a deputy at each port of delivery at $1,000 a year; besides ganger, weigh
er, and measurer, at $6 a day, and an inspector at $4. Cong. Globe, vol. 31,
app. 384, 33d cong. 2d sess. The port of entry for the district of Cape Per
petua was fixed at Gardiner, on the Umpqua River. More vessels entered
the Columbia than all the other ports together. From Sept. 1, 1853, to July
13, 1854, inclusive, there were 179 arrivals at the port of Astoria, all from S.
F. except one from Coos Bay, two from Xew York, and one from London.
The London vessel brought goods for the Hudson's Bay Company, the only
328 LEGISLATION, MINING, AND SETTLEMENT.
Next to the payment of the war debt was the
demand for a more efficient mail service. The peo
ple of the Willamette Valley still complained that
their mails were left at Astoria, and that at the best
they had no more than two a month. In southern
Oregon it was still worse; and again the citizens of
Umpqua memorialized congress on this vexatious sub
ject. It was represented that the valleys of southern
Oregon and northern California contained some 30,000
inhabitants, who obtained their merchandise from
Umpqua harbor, and that it was imperatively neces
sary that mail communication should be established
between San Francisco and these valleys. Their pe
tition was so brought before congress that an act was
passed providing for the delivery of the mails at all
the ports along the coast, from Humboldt Bay to
Port Townsend and Olympia, and $125,000 appropri
ated for the service.13 Houses were built, a newspa
per14 was established, and hope beat high. But again
foreign vessel entering Oregon during that time. The departures from the
Columbia numbered 184, all for S. F. except one for Coos Bay, two for Ca-
llao, one for Australia, and one for the S. I. Most of these vessels carried
lumber, the number of feet exported being 22,567,000. Or. Statesman, Aug.
1, 1854. The direct appropriations asked for and obtained at the 2d sess. of
this cong. were for the creation of a new land district in southern Or. called
the Umpqua district, to distinguish it from the Willamette disti'ict, with an
office at such point as the president might direct, Zabris/cie Land Laivs, G36;
Cong. Globe, vol. 31, app. 380, 33d cong. 2d sess., the appropriation of $40,-
000 to complete the penitentiary at Portland, $27,000 to complete the state
house at Salem, and $30,000 to construct the military road from Salem to
Astoria, marked out in 1850 by Samuel Culver and Lieut Wood of the
mounted rifles. Or. Statesman, Oct. 3, 1850. The military road to Astoria
was partly constructed in 1855, under the direction of Lieut Derby. Money
failing, a further appropriation of $15,000 was applied, and still the road re
mained practically useless. The appropriation of $30,000 for a light-house at
the Umpqua was also expended by government officers in 1857. The tower
was 105 feet high, but being built on a sandy foundation, it fell over into the
sea in 1870. It does not appear that the money bestowed upon Oregon by
congress in territorial times accomplished the purposes for which it was de
signed. Not one of the military roads was better than a mule trail, every
road that could be travelled by wagons being opened by the people at their
own expense.
13 U. S. II. Jour., 237, 388, 411, 516, 536, 963, 33d cong. 1st sess.; U. S. II.
Ex. Doc., i. pt ii. 615, 624, 701, 33d cong. 2d sess.
14 By D. J. Lyon, at Scottsburg, called the Umpqua Gazette. It was first
issued in April 1854, and its printer was William J. Beggs. In Nov. 1854,
G. D. II. Boyd purchased a half -interest, and later removed the material to
Jacksonville where the publication of the Table Rock Sentinel was begun in
BEACH GOLD MINING. 329
in the summer of 1854, as after the efforts of Thurs-
ton, the Pacific Mail Steamship Company made a
spasmodic pretence of keeping their contract, which
was soon again abandoned out of fear of the Umpqua
bar,15 and this abandonment, together with the suc
cessful rivalry of the road from Crescent City to the
Rogue River Valley, and the final destruction of the
Scottsburg road by the extraordinary storms of 1861-2,
terminated in a few years the business of the Ump
qua, except such lumbering and fishing as were after
ward carried on below Scottsburg.
The history of beach mining for gold began in the
spring of 1853, the discovery of gold in the sand of
the sea-beach leading to one of those sudden migra
tions of the mining population expressively termed a
'rush.' The first discovery was made by some half-
breeds in 1852 at the mouth of a creek a few miles
north of the Coquille, near where Randolph appears
on the map.16 The gold was exceedingly fine, the use
of a microscope being often necessary to detect it; yet
when saved, by amalgamation with mercury, was
Nov. 1855, by W. G. T'Vault, Taylor, and Blakesly, with Beggs as printer.
Or. Statesman, Dec. 8, 1855; Or. Argus, Dec. 8, 1855. The name was changed
to that of Oregon Sentinel in 1857. Id. , July 25, 1857. I). J. Lyons was born
in Cork, Ireland, in 1813, his family being in the middle rank of life, and
connected with the •political troubles of 1798. His father emigrated to Ken
tucky in 1818. Young Lyons lost his sight in his boyhood, but was well edu
cated by tutors, and being of a musical and literary turn of mind, wrote
songs fashionable in the circle in which George D. Prentice, Edmund Flagg,
and Amelia Welby were prominent. Lyons was connected with several light
literary publications before coming to Oregon. He had married Virginia A.
Putnam, daughter of Joseph Putnam of Lexington, with whom he emigrated
to Oregon in 1853, settling at Scottsburg, where he resided nearly 30 years,
removing afterward toMarshfield, on Coos Bay. Beggs was a brilliant writer
on politics, but of dissipated habits. He married a Miss Beebe of Salem,
and deserted her. He ran a brief career, dying in misery in New York City.
15 The whole coast was. little understood, and unimproved as to harbors.
The Anita was lost at Port Orford in Oct. 1852. Three vessels, the J. Mcri-
thew, Mendora, and Vanda/ia, were wrecked at the mouth of the Columbia
in Jan. 1853. Capt. E. H. Beard of the Vandalia, who was from Baltimore,
Md., was drowned.
16 S. S. Mann says that the half-breeds sold their claim to McNamara
Brothers for $20,000. Settlement of Coos Bay, MS., 14. Armstrong, in his
Ores/on, 66, claims that his brother discovered gold on the beach at the
Coquille in 1842, being driven in there in a schooner by a storm, while on his
way to San Francisco.
330 LEGISLATION, MINING, AND SETTLEMENT.
found to be in paying quantities. The sand in which
it was found existed not only on the modern beach,
but on the upper Coquille, forty miles in the interior,
at a place known as Johnson Diggings; but the prin
cipal deposits were from the Coquille River south
along the recent beach to the California line.17
A mining town called Elizabeth sprung up during
the summer about thirty miles south of Port Orford,
and another seven miles north of the Coquille, called
Randolph City.18 The latter name may still be found
on the maps, but the town has passed out of ex
istence with hundreds of others. For, although the
returns from certain localities were at first flattering,
the irregular value of the deposits, and the difficulty
of disposing of the gold on account of expense of sep
aration, soon sent most of the miners back to the
placer diggings of the interior, leaving a few of the
less impatient to further but still futile efforts.
The natives living at the mouth of the Coquille
questioned the right of the white men to occupy that
region, and added to insolence robbery and murder.
Therefore, on the 28th of January, a party of forty,
led by George H. Abbott, went to their village, killed
fifteen men, and took prisoners the women and chil
dren. Seeing which, the chiefs of other villages were
17 'The deposit where the gold was found is an ancient beach, 1^ miles east
or back of the present beach. The mines are 180 feet above the level of the
ocean, which has evidently receded to that extent. The depth of the gold
varies from one to twelve feet, there being 12 feet on the ocean side to one
foot on what was formerly the shore side. The breadth is from 300 to 500
feet, which is covered with white sand to a depth of 40 feet. The surface is
overgrown with a dense forest, and trees of great size are found in the black
sand, in a good state of preservation, which proves that there the beach was
at no remote period. Iron is a large component of this black sand, and it
would probably pay to work it for that metal now.' Gale's Resources of Coos
County, 31. See also Van Tramp's Adventures, 154-5; Armstrong's Or., 64-
5, 57-9; Davidson's Coast Pilot, 119; Harper's Monthly, xiii. 594-5; 8. F.
Com. Advertiser, Feb. 23, 1854; Taylor's Spec, Press, 584; Cram's Top.
J/era.,37. W. P. Blake, in S'dliman's Journal, vol. 20, 74, says: 'Gold is
found in the beach sand from the surface to the depth of 6 feet or more; it is
in very small thin scales, and separates from the black sand with difficulty.
Platinum and the associate metals, iridosmine, etc. , are found with the gold
in large quantities, and as they cannot be separated from the gold by washing,
its value in the market is considerably lessened.'
18Parrish, in Ind. Aff. Kept, 1854, 268-75, 288; S. F. AUa, June 5, 6,
July 15, and Aug. 16, 1854.
COOS BAY COMPANY. 331
glad to make peace on any terms, and keep it until
driven again to desperation.19
Superintendent Palmer, in the spring of 1854, began
a round of visits to his savage wards, going by the
way of the Rogue River Valley and Crescent City,
and proceeding up the coast to Yaquina Bay. Find
ing the Indians on the southern coast shy and unap
proachable, he left at Port Orford Sub-agent Parrish
with presents to effect a conciliation/
20
Prominent among matters growing out of beach
mining, next after the Indian difficulties, was the
more perfect exploration of the Coos Bay country,
which resulted from the passing back and forth of
supply trains between the Umpqua and the Coquille
rivers. In May 1853, Perry B. Marple,21 after hav
ing examined the valley of the Coquille, and found
what he believed to be a practicable route from Coos
Bay to the interior,22 formed an association of twenty
men called the Coos Bay Company, with stock to be
divided into one hundred shares, five shares to each
joint proprietor,23 and each proprietor being bound to
19 Indian Agent F. M. Smith, after due investigation, pronounced the kill
ing an unjustifiable massacre. U. S. H. Ex. Doc. 76, 268-71, 34th cong. 3d
sess.
2(1 See Parrisk's Or. Anecdotes, MS., 'passim; 2nd. Aff. Kept, 1854, 254-66.
'2l He was an eccentric genius, a great talker, of whom his comrades used
to say that he 'came within an ace of being a Patrick Henry, but just missing
it, missed it entirely.' He was a man of mark, however, in his county, which
he represented in the constitutional convention — a bad mark, in some respects,
judging from Deady's observations on disbarring him: 'I have long since
ceased to regard anything you assert. All yonr acti show a decree of mental
and moral obliquity which renders you incapable of discriminating between
truth and falsehood or right and wrong. You have no capacity for the practice
of law, and in that profession you will ever prove a curse to yourself and to the
community. For these reasons, and altogether overlooking the present alle
gations of unprofessional conduct, it would be an act of mercy to strike your
name from the roll of attorneys.' Marple went to the Florence mines in
eastern Oregon on the outbreak of the excitement of 1861, and there died of
consumption in the autumn of 1862. Or. Statesman, Dec. 8, 1862, and Jan.
12, 1868.
22 The first settlement was made on Coos Bay in the summer of 1853, and
a packer named Sherman took a provision train over the mountains from.
Grave Creek by a practicable route. He reported discoveries of coal. Or.
Statesman, June 28, 1853.
2:j The proprietors were Perry B. Marple, James C. Tolman, Eollin L. Bel-
knap, Solomon Bowermaster, Joseph H. McVay, J. A. J. McVay, Wm H.
332 LEGISLATION, MINING, AND SETTLEMENT.
proceed without delay to locate in a legal form all the
land necessary to secure town sites, coal mines, and
all important points whatsoever to the company. If
upon due consideration any one wished to withdraw
from the undertaking he was bound to hold his claim
until a substitute could be provided. Each person
remaining in the company agreed to pay the sum
of five hundred dollars to the founder, from whom
he wrould receive a certificate entitling him to one
twentieth of the whole interest, subject to the regu
lations of the company, the projector of the enterprise
being bound on his part to reveal to the company all
the advantageous positions upon the bay or on Co-
quille river, and throughout the country, and to re
linquish to the company his selections of land, the
treasures he had discovered, both upon the earth or
in it, and especially the stone-coal deposits bv him
found.24
The members of the company seemed satisfied with
the project, and lost no time in seizing upon the va
rious positions supposed to be valuable. Empire City
was taken up as a town site about the time the company
was formed,25 and later Marshfield,26 and the affairs of
Harris, F. G. Lockhart, C. W. Johnson, A. P. Gaskell, W. H. Jackson, Presly
G. Wilhite, A. P. De Cuis, David Rohren, Charles Pearce, Matthias M.
Learn, Henry A. Stark. Charles H. Haskell, Joseph Lane, S. K. Temple.
Articles of Indenture of the Coos Bay Company, in Oregonian, Jan. 7, 1854;
Gibbs' Notes on Or. Hist., MS., 15.
2i Articles of Indenture of the Coos Bay Company, in Oregonian, Jan. 7,
1854. See S. F. Alta, Jan. 3, 1854.
25 Empire City had (in 1855) some thirty board houses, and a half-finished
wharf. Van Tramp's Adventures, 160.
26 1 am informed by old residents of Marshfield that this was the claim of
J. C. Tolman, who was associated in it with A. J. Davis. The usual confu
sion as to titles ensued. Tolman was forced to leave the place on account of
his wife's health, and put a man named Chapman in charge. Davis, having
to go away, put a man named Warwick in charge of his half of the town site.
Subsequently Davis bought one half of Tolman's half, but having another
claim, allowed Warwick to enter the Marshfield claim for him, in his own
name, though according to the land law he could not enter land for town-site
purposes. Warwick, however, in some way obtained a patent, and sold the
claim to H. H. Luce, whose title was disputed because the patent was fraud
ulently obtained. A long contest over titles resulted, others claiming the
right to enter it, because Davis had lost his right, and Warwick had never
had any. Luce held possession, however. The remaining portion of Tolman's
half of the town site was sold to a man named Hatch, whose claim is not dis
puted.
COOS BAY COAL. 333
the company prospered. In January 1854, the ship
Denials Cove from San Francisco entered Coos Bay
with a stock of goods, bringing also some settlers and
miners, and in the same month the Louisiana, Cap
tain Williams, from Portland took a cargo into Coos
Bay for Northup & Simonds of that town, who
established a branch business at Empire City,27
Northup accompanying the cargo and settling at
that place.28
Coal was first shipped from the Newport mine in
April 1855,29 and in 1856 a steam- vessel called the
Newport, the first to enter this harbor, was employed
in carrying cargoes to San Francisco,30 and the same
year two steam saw-mills were in operation with
27 In a letter written by Northup to his partner, and published in the Ore-
gonian of April 22, 1854, he tells of the progress of affairs. They had sounded
the bay and found from 12 to 30 feet of water. The land was level and tim
bered, but not hard to clear. The Coquille was 'one of the prettiest rivers '
ever seen. Mr Davis of S. F. was forming a company to build a railroad
from the branch of the bay to the Coquille, the travel going that way to the
Randolph mines. Machinery for a steamer was also coming. The whole of
southern Oregon was to be connected with Coos Bay. The miners were
doing well, and business was good.
28 'Nelson Xorthup, a pioneer of Portland, who came to the place in 1851,
and soon after formed the firm of Northup & Simonds, well known merchants
of those days. In 1854 they disposed of their business to E. J. Northup
and J. M. Blossom, and removed to Coos Bay, taking into that port the sec
ond vessel from Portland. Northup remained at Coos Bay several years,
and in the mean time opened up, at great expense, the first coal mines in that
locality, now so famed in that respect. He died at the residence of Ids son
E. J. Northup, in the 65th year of his age, on the 3d of July, 1874.' Port
land Oreyoniaii, July 4, 1874.
29 S. F. Alta, May 4, 6, 12, June 28, and Oct. 7, 1854; Or. Statesman,
May 12, 1854.
30 She was a small craft, formerly the Hartford. Her engines were after
ward transferred to a small teak-wood schooner, which was christened The
Fearle*s, and was the first and for many years the only tug-boat on the bay.
She was finally lost near Coos Head. A story has been told to this effect:
By one of the early trips of the Newport an order was sent to Estell, her
owner, to forward a few laborers for the Newport mine. Estell had charge
of the California state prison, and took an interest, it was said, in its occu
pants, so far as to let them slip occasionally. On the return of the Newport,
a crowd of forty hard cases appeared upon her deck. A few only were re
quired at the mine, and the remainder dropped ashore at Empire City. The
unsuspecting citizens scanned them curiously, and then retired to their
domiciles. But consternation soon prevailed. Hen-roosts were despoiled
and clothes-lines stripped of gracefully pendent garments. Anything and
everything of value began to disappear in a mysterious manner. The
people began to suspect, and to 'go for' the strangers, who were strongly
urged to emigrate. The touching recollections connected with this gang led
the citizens always after to speak of them as the Forty Thieves. Coos Bay
Settlement, 10, 11.
334 LEGISLATION, MINING, AND SETTLEMENT.
from three to five vessels loading at a time with lum
ber and coal, since which period coal-mining, lumber
ing, and ship-building have been carried on at this
point without interruption. Railroads were early
projected, and many who first engaged in the devel
opment of coal mines became wealthy, and resided
here till their death,31
Some also were unfortunate, one of the share
holders, Henry A. Stark, being drowned in the spring
of 1854, while attempting with five others to go out
in a small boat to some vessels lying off the bar.32
Several of the Umpqua company, after the failure of
that enterprise, settled at Coos Bay, prominent among
whom was S. S. Mann, author of a pamphlet on the
early settlement of that region, embellished with an
ecdotes of the pioneers, which will be of interest to
their descendants.33
Any new discovery stimulated the competitive
spirit of search in other directions. Siuslaw River
was explored with a view to determining whether the
31 P. Flanagan was one of the earliest of the early settlers. At Randolph
his pack-train and store were the pioneers of trade. Then at Johnson's and
on The Sixes in a similar way. Later, he became associated in the partner
ship of the Newport coal mine, where his skill and experience added largely
to its success.
32 Stark was a native of New York, emigrated to Cal. in 1849, thence to
Or. in 1850. He was a land claimant for the company at Coos Bay, as well
as a shareholder. John Dnhy, a native of New York, emigrated to the S. 1.
in 1840, thence to Cal. in 1848, going to Yreka in 1851, and thence to Coos
Bay at its settlement in 1853. John Robertson was a native of Nova Scotia,
and a sailor. John Winters was born in Penn., and came to Or. through
Cal. Alvin Brooks, born in Vt, came to Or. in 1851. John Mitchell of New
York, a sailor, came to Or. in 1851. Portland Oregonian, March 25, 1854; S.
F. Alta, March 22, 1854.
*3Goos Bay Settlement, 18. This pamphlet of 25 pages is made up of
scraps of pioneer history written for the Coos Bay Mall, by S. S. Mann, after
ward republished in this form by the Mail publishers. Mann, being one of
the earliest of the pioneers, was enabled to give correct information, and to
his writings and correspondence I am much indebted for the facts here set
down. Mann mentions the names of T. D. Winchester, H. H. Luse, A. M.
Simpson, John Pershbaker, James Aiken, Dr Foley, Curtis Noble, A. J.
Davis, P. Flanagan, Amos and Anson Rogers, H. P. Whitney, W. D. L. F.
Smith, David Holland, I. Hacker, R. F. Ross, Yokam, Landreth, Hodson,
Collver, Bogue, Miller, McKnight, Dry den, Hirst, Kenyon, Nasburg, Coon,
Morse, Cammann, Buckhorn, and De Cussans, not already mentioned
among the original proprietors of the Coos Bay Company; and also the names
of Perry, Leghnherr, Rowell, Dement, Harris, Schroeder, Grant, and Ham-
block, among the early settlers of Coquille Valley.
ROAD EXPLORATIONS. 335
course of the river was such that a practicable com
munication could be obtained between it and the
Umpqua through Smith River,34 a northern branch
of the Siuslaw. The exploration was conducted by
N. Schofield. The object of the opening of the
proposed route was to make a road from the Willa
mette Valley to the Umpqua, over which the products
of the valley might be brought to Scottsburg, at the
same time avoiding the most difficult portion of the
mountains. But nature had interposed so many ob
stacles; the streams were so rapid and rocky; the
mountains so rough and heavily timbered; the valleys,
though rich, so narrow, and filled with tangled growths
of tough vine-maple and other shrubby trees, that
any road from the coast to the interior could not but
be costly to build and keep in repair. The Siuslaw
exploration, therefore, resulted in nothing more ben
eficial than the acquisition of additional knowledge of
the resources of the country in timber, water-power,
and soil, all of which were excellent in the valley of
the Siuslaw.
Other explorations were at the same time being
carried on. A trail was opened across the mountains
from Rogue River Valley to Crescent City, which
competed with the Scottsburg road for the business
of the interior, and became the route used by the gov
ernment troops in getting from the seaboard to Fort
Lane.35 Gold-hunting was at the same time prose
cuted in every part of the territory with varying
success, of which I shall speak in another place.36
34 This is the stream where Jedediah Smith had his adventure with the
Indians who massacred his party in 1828, as related in my History of the
Northwest Coast.
35 Decides Hist. Or., MS., 25.
36 Mount Hood, Indian name Wiyeast, was ascended in August 1854, for
the first time, by a party consisting of T. J. Dryer of the Oreyonian, G. 0.
Haller, Olney, Wells Lake, and Travillot, a French seaman. Dryer ascended
Mount St Helen, Loowit Letkla, the previous summer, and promised to climb
Mounts Jefferson, Phato, and the Three Sisters at some future time. He
ascertained the fact that Hood and St Helen were expiring volcanoes, which
still emitted smoke and ashes from vents near their summits. Oregonian,
Feb. 25 and Aug. 19, 1854. The first ascent of Mount Jefferson was made
by P. Loony, John Allphin, William Tullbright, John Walker, and E. L.
336 LEGISLATION, MINING, AND SETTLEMENT.
The politics of 1854 turned mainly on the question
of a state constitution, though the election in June
revealed the fact that the democracy, while still in
the ascendant, were losing a little ground to the whigs,
and chiefly in the southern portion of the territory.
Of the three prosecuting attorneys elected, one, P. P.
Prim,37 was a whig, and was chosen in the 3d district
by a majority of seven over the democratic candi
date, R. E. Stratton,33 former incumbent, R. P.
Boise was elected prosecuting attorney for the 1st
or middle district, and N. Huber of the 2d or north
ern district.
The democratic leaders were those most in favor of
assuming state dignities, while the whigs held up before
their following the bill of cost; though none objected
Massey, July 11, 1854, a party prospecting for gold in the Cascade Moun
tains. Or. Statesman, Aug. 22, 1854. Mt Adams was called by the Indians
Klickilat, and Mt Rainier, Takoma. Gold-hunting in the Cascade Mountains,
passim.
3 'Payne P. Prim was born in Tenn. in 1822, emigrated to Or. in 1851,
and went to the mines in Rogue River Valley the following year. His elec
tion as prosecuting attorney of the southern district brought him into notice,
and on the division of the state of Oregon into four judicial districts, and when
Deady, chosen judge of the supreme court from that district, was appointed
U. S. disk judgo, the gov. appointed Prim to fill the vacancy from the 1st
district for the remainder 01 the term, to which office he was subsequently
elected, holding it for many years. A valuable manuscript, entitled Prim's
Judicial Anecdotes, has furnished me very vivid reminiscences of the manner
of administering justice in the early mining camps, and first organized courts,
to which I have occasion to refer frequently in this work. See Popular Trib
unals, passim, this series.
38Riley E. Stratton was a native of Penn., born in 1821. He was taught
the trade of a millwright, but afterward took a collegiate course, and grad
uated at Marietta, Ohio, with the intention of becoming a minister; his
plans being changed, he studied law, and was admitted to the bar in Madi
son, Ind., coming to Or. by way of Cape Horn in 1852, his father, C. P.
Stratton, emigrating overland in the same year. C. P. Stratton was born
in New York Dec. 30, 1799. He removed to Penn. in his boyhood, and
again to Ind. in 1836. He had twelve children, of whom C. C. Stratton is
a minister of the methodist church, and president of the University of the
Pacific in California. He settled in the Umpqua Valley, but subsequently
removed to Salem, where he died Feb. 26, 1873. Riley E. Stratton settled
at Scottsburg. He was elected prosecuting attorney of the southern district
by the legislative assembly in 1833-4; but beaten by Prim at the election by
the people, as stated above. When Oregon became a state he was elected
judge of the 2d judicial district, and reflected in 1864. He married Sarah
Dearborn in Madison, Indiana. He lef b the democratic party to support the
union on the breaking-out of the rebellion. 11^ was an affable, honorable,
an 1 popuLr man. His death occurred in Dec. 1866. Eurjcne State Journal,
Dec. 29, I860; O/. Reports, vol. ii. 195-1); Dcadyx Scrap Book, 77, 170.
HARD TIMES. 337
to securing the 500,000 acres of land, which on the
day of Oregon's admission as a state would be hers,
to be applied to internal improvements,39 and other
grants which might reasonably be expected, and
which might amount to millions of acres with which
to build railroads and improve navigation.
Judge Pratt, thinking he would like a seat in the
United States senate, advocated state admission, and
to assist himself started in Portland, in connection
with Alonzo Leland, a political sheet called the Demo
cratic Standard, which served to provoke the ridicule
of the Statesman; while the Oregonian denounced the
editors and their object in the severest terms. The
Statesman, as usual, carried its points so far as electing
its candidates, except in a few instances, against the
whigs, and also against the prohibitionists, or Maine-
law party.40 But the majority against a state con
stitution was about one hundred and fifty, a majority
so small, however, as to show that, as the democrats
had intimated, it would be reduced to nothing by a
year or two more of effort in that direction.
In the spring of 1854 there were complaints of
hard times in Oregon, which were to be accounted for
partly by the Indian disturbances, but chiefly by
reason of neglect of the farming interests and a fall-
ing-oif in the yield of the mines. The great reaction
was at hand throughout the coast. Business was
prostrated in California, and Oregon felt it, just as
Oregon had felt California's first flush on finding gold.
To counteract the evil, agricultural societies began
to be formed in the older counties.*1 The lumbering
interest had greatly declined also, after the erection
39 See the 8th section of an act of congress in relation thereto, passed in 1841.
40 The Maine-law candidates for seats in the legislature were Elisha Strong
and 0. Jacobs of Marion; S. Nelson, P. H. Hatch, E. D. Shattuck of Clacka-
mas; D. W. Ballard of Linn; Ladd and Gilliam of Polk; J. H. D. Henderson
and G. W. Burnett of Yamhill.
41 The constitution of the Yamhill Agricultural Society, F. Martin, presi
dent, A. S. Watt, secretary, was published July 25, 1854, in the Or. States
man.
HIST. OB., VOL. II. 22
338 LEGISLATION, MINING, AND SETTLEMENT.
of mills in California, and lumber and flour being no
longer so much sought after, caused a sensible lessen
ing of the income of Oregon. But the people of
Oregon well knew that their immense agricultural
resources would bring them out of all their troubles
if they would only apply themselves in the right di
rection and in the right way.
The counties which led in this industrial revival
were Washington, Yamhill, Marion, and Polk. The
first county fair held was in Yamhill on the 7th of
October, 1854, followed by Marion on the llth, and
Polk on the 12th. The exhibit of horses, cattle,
and fruit was fairly good, of sheep, grain, and domes
tic manufactures almost nothing;42 but it was a begin
ning from which steadily grew a stronger competitive
interest in farm affairs, until in 1861 a state agricul
tural society was formed, whose annual meeting is the
principal event of each year in farming districts.43
The first step toward manufacturing woollen fabrics
was also taken in 1854, when a carding machine was
erected at Albany by E. L. Perham & Co. Farmers
who had neglected sheep-raising now purchased sheep
of the Hudson's Bay Company.44 Early in the spring
of 1855 Barber and Thorpe of Polk county erected
machinery for spinning, weaving, dying, and dressing
woollen cloths.45 In 1856 a company was organized
at Salem to erect a woollen-mill at that place, the first
important woollen manufactory on the Pacific coast.
It was followed by the large establishment at Oregon
City and several smaller ones in the course of a few
years.46
42 Or. Statesman, Oct. 17, 1854. Mrs R. C. Geer entered two skeins of
yarn, the first exhibited and probably the first made in Oregon. The address
was delivered to the Marion county society, which met at Salem, by Mr
Woodsides. L. F. Grover, in his Pub. Life in Or., MS., says he delivered
the first Marion county address, but he is mistaken. He followed in 1855.
43 Brown's Salem Directory, 1871, 37-77.
44 Or. StaL, May 23 and Oct. 10, 1854; Tolmie's Puget Sound, MS., 24.
45 Or. Statesman, March 20, 1855. R. A. Gessner received a premium in
1855 from the Marion county society for the 'best jeans.'
46 Grover, Pub. Life in Or., MS., 68-9, was one of the first directors in the
Salem mill. See also Watt's First Things, MS., 8-10.
PROPOSED TELEGRAPH. 339
The first proposal to establish a telegraph line be
tween California and Oregon was made in October of
1854. Hitherto, no more rapid means of communi
cation had existed than that afforded by express com
panies, of which there were several. The practice of
sending letters by express, which prevailed all over
the Pacific coast at this time, and for many years
thereafter, arose from the absence or the irregu
larity in the carriage of mails by the government.
As soon as a mining camp was established, an express
became necessary; and though the service was at
tended with many hardships and no small amount of
danger, there were always to be found men who were
eager to engage in it for the sake of the gains, which
were great.47 The business of the country did not
require telegraphic correspondence, and its growth
was delayed for almost another decade.48
47 The first express company operating in Oregon was Todd & Co., fol
lowed very soon by Gregory & Co., both beginning in 1851. Todd & Co. sold
out to Newell & Co. in 1852. The same year Dugan & Co., a branch of
Adams & Co., began running in Oregon; also T' Vault's Oregon and Shasta
express, and McClaine & Co. 's Oregon and Shasta express. In the latter part
of 1852 Adams & Co. began business in Oregon; but about the beginning of
1853, with other companies, retired and left the field to Wells, Fargo & Co.,
improved mail communication gradually rendering the services of the com
panies, except for the carrying of treasure and other packages, superfluous.
The price fell from fifty cents on a letter in a gradually declining scale to ten
cents, where it remained for many years, and at last to five cents; and pack
ages to some extent in proportion. Besides the regular companies, from 1849
to 1852 there were many private express riders who picked up considerable
money in the mountain camps.
48 Charles F. Johnson, an agent of the Alta California Telegraph Company,
first agitated the subject of a telegraph line to connect Portland with the
cities of California, and so far succeeded as to have organized a company to
construct such a line from Portland to Corvallis, which was to be extended
in time to meet one from Marysville, California, to Yreka on the border.
The Oregon line was to run to Oregon City, Lafayette, Dayton, Salem, and
Corvallis. It was finished to Oregon City Nov. 15, 1855, the first message
being sent over the wires on the 16th, and the line reached Salem by Sept.
1856, but it was of so little use that it was never completed nor kept in re
pair. Neither the interests of the people nor their habits made it requisite.
In 1868 the California company had completed their line to Yreka, for which
during the period of the civil war, the Oregonians had reason to be thankful,
- and having taken some long strides in progress during the half-dozen years
between 1855 and 1861, they eagerly subscribed to build a line to Yreka from
Portland, on being solicited by J. E. Strong, former president of the same
company. Of the Oregon company, W. S, Ladd was elected president; S.
G. Reed, secretary; H. W. Corbett, treasurer; John McCracken, superin
tendent; W. S. Ladd, D. F. Bradford, A. G. Richardson, C. N. Terry, and
340 LEGISLATION, MINING, AND SETTLEMENT.
Steam navigation increased rapidly in proportion to
other business, the principal trade being confined to
the Willamette River, although about this time there
began to be some traffic on the Columbia, above as
well as below the mouth of the Willamette.49 Ocean
A. L. Lovejoy, directors. Strong, contractor, owned considerable stock in
it, which he sold to the California State Telegraph Company in 1863, the
line being completed in March. In 1868 a line of telegraph was extended to
The Dalles, and eastward to Boise City, by the Oregon Steam Navigation
Company, in 1869. A new line to the east was erected in 1876, which was
extended to S. F., and a line to Astoria at the mouth of the Columbia.
49 The Gazelle was a side-wheel boat built for the upper Willamette in
1853 by the company which constructed the basin and hoisting works at
the falls, and began to run in March 1854, but in April exploded her boiler
while lying at her wharf, causing the most serious calamity which ever oc
curred on Oregon waters. She had on board about 50 persons, 22 of whom
were killed outright and many others injured, some of whom died soon after.
Among the victims were some of the principal persons in the territory: Dan
iel D. Page, superintendent of the company owning the Gazelle, whose wife
and daughter were killed by the explosion of the Jenny Lind in San Francisco
Bay April 11, 1853; Rev. James F. Miller, father of Mrs E. M. Wilson of
The Dalles; David Woodhull, and Joseph Hunt of Mi higan; Judge Burch,
David Fuller, C. Woodworth, James White, Daniel Lowe, John Clemens,
J. M. Fudge, Blanchet, Hill, Morgan, John Blaimer, John Daly, John K.
Miller, Michael Hatch, Michael McGee, Charles Knaust, David McLane,
Piaut, and an unknown Spanish youth. Or, Statesman, April 18, 1854; Arm
strong's Or., 14; Browns Salem Directory, 1871, 35. Among the wounded
were Mrs Miller, Charles Gardiner, son of the surveyor-general, Robert
Pentland, Miss Pell, C. Dobbins, Robert Shortess, B. F. Newby, Captain
Hereford of the Gazelle, John Boyd, mate, and James Partlow, pilot. The
chief engineer, Tonie, who was charged with the responsibility of the accident,
escaped and fled the territory. Portland Oregonian, Jan. 29, 1870. The
Oregon, another of the company's boats, was sunk and lost the same season.
The wreck of the Gazelle was run over the falls, after being sold to Murray,
Hoyt, and Wells, who refitted her and named her the Senorita, after which
she was employed to carry troops, horses, and army stores from Portland to
Vancouver and the Cascades. In 1857 the machinery of this boat was put
into the new steamer Hassaloe, while the Senorita, was provided with a more
powerful engine, and commanded by L. Hoyt, brother of Richard Hoyt. In
1854 the pioneer steamboat men of the upper Willamette, captains A. F.
Hedges and Charles Bennett, sold their entire interests and retired from the
river.
In 1855 a new class of steamboats was put upon the Willamette above the
falls, stern- wheels being introduced, which soon displaced the side-wheel boats.
This change was effected by Archibald Jamieson, A. S. Murray, Amory Hoi-
brook, and John Torrence, who formed a company and built the Enterprise, a
small stern- wheel boat commanded by Jamieson. This boat ran for 3 years
on the Willamette, and was sold during the mining rush of 1858, taken over
the falls and to Fraser River by Thomas Wright. She finished her career on
the Chehalis River. Her first captain, Jameison, was one of a family of
five steamboat men, who were doomed to death by a fatality sad and re
markable. Arthur Jamieson was in command of the steamer Portland,
which was carried over the falls of the Willamette in March 1857; another
brother died of a quick consumption from a cold contracted on the river; an
other by the explosion of the steamer Yale on the Fraser River; and finally
Archibald and another brother by the blowing up of the Cariboo at Victoria.
Another company, consisting of captains Cochrane, Gibson, and Cassady,
INLAND NAVIGATION. 341
navigation, too, was increasing, but not without its
drawbacks and losses.50 In the midst of all, the young
and vigorous community grew daily stronger, and more
able to bear the misfortunes incident to rapid progress.
In July 1854 there was a raid in Rogue River
Valley by the Shastas; unattended, however, by seri-
formed in 1856, built the James Clinton and Surprise, two fine stern-wheel
boats. In 1857 the Elk was built for the Yamhill River trade by Switzler,
Moore, and Marshall; and in 1858 the first owners of the Enterprise built
the Onward, the largest steamboat at that time on the upper river.
In 1860 another company was incorporated, under the name of People's
Transportation Company, composed of A. A. McCully, S. T. Church, E. N.
Cook, D. W. Burnside, and captains John Cochrane, George A. Pease, Joseph
Kellogg, and E. W. Baughman, which controlled the Willamette River trade
till 1871. This company built the Dayton, Reliance, Echo, E. D. Baker, Iris,
A.bany, Shoo Fly, Fannie Patton, and Alice, and owned the Rival, Senator,
Alert, and Active. It ran its boats on the Columbia as well as the Willamette
until 1863, when a compromise was made with the Oregon Steam Navigation
Company, then in existence, to confine its trade to the Willamette River
above Portland. In 1865 this company expended $100,000 in building a dam
and basin above the falls, which enabled them to do away with a portage,
by simply transferring passengers and freight from one boat to another
through a warehouse at the lower end of the basin. The P. T. Co. sold out
in 1871 to Ben Holladay, having made handsome fortunes in 11 years for all
its principal members. In the next two years .the canal and locks were built
around the west side of the falls at Oregon City, but the P. T. Co. under
Holladay's management refused to use them, and continued to reship at Ore
gon City. This led to the formation of the Willamette Locks and Transpor
tation Company, composed of Joseph Teal, B. Goldsmith, Frank T. Dodge,
and others, who commenced opposition in 1873, and pressed the P. T. Co. so
hard that Holladay sold out to the Oregon Nav. Co. , which thus was enabled to
resume operations on the Willamette above Portland, with the boats pur
chased and others which were built, and became a powerful competitor for
the trade. The Locks and Transportation Co. built the Willamette Chief ex
pressly to outrun the boats of the P. T. Co., but found it ruinous work; and
in 1876 a consolidation was effected, under the name of Willamette Trans
portation and Locks Company, capital $1,000,000. Its property consisted
of the locks at Oregon City, the water front at Astoria belonging formerly to
the O. S. N. Co., and the Farmers' warehouse at that place, and the steam
boats Willamette Chief, Gov. Grover, Beaver, Annie Stewart, Orient, Occi
dent, with the barges Autocrat, Columbia, and Columbia's Chief. This secured
complete monopoly by doing away with competition on either river, fcxcept
from independent lines. Salem Will. Farmer, Jan. 7, 1876; Adams' Or.,
37-8.
50 The steam-tug Fire-Fly was lost by springing aleak on the bar in Feb.
1854. Thomas Hawks, captain, L. H. Swaney, Van Dyke, Wisenthral, and
other persons unknown were drowned. At the close of the year the steam
ship Southerner, Capt. F. A. Sampson, was wrecked on the Washington
coast. The steamer America, bound to Oregon and Washington ports, was
burned in the harbor of Crescent City the following summer.
The steamships engaged in the carrying trade to Oregon from 1850 to
1855 were the Carolina, which I think made but one trip, the Seagull, Pan
ama, Oregon, Gold Hunter, Columbia, Quickstep, General Warren, Fremont,
America, Pei/tonia, Southerner, and Republic. Three of these had been
wrecked, the Seagull, General Warren, and Southerner, in as many years.
Others survived unexpectedly.
342 LEGISLATION, MINING, AND SETTLEMENT.
ous damage. The treaty Indians of Rogue River
sickened in the reservation, and the agent permitted
them to roam a little in search of health. Some of
them being shot by white men, their chiefs demanded
that the murderers be brought to justice, as had been
promised them, but it was not done. Few of such
cases ever came into the courts,51 and it was as rare
an occurrence for an Indian to be tried by process
of law.52
50 great had been their wrongs during the past
five years, so unbearable the outrages of the white
race, that desperation seized the savages of the
Klamath, Scott, and Shasta valleys, who now took
the war-path toward the country of the Modocs, to
join with them in a general butchery of immigrants
and settlers.
In the absence of a regular military force, that at
Fort Jones, consisting of only seventy men, wholly
insufficient to guard two hundred miles of immigrant
road, the governor was requested to call into service
volunteers, which was done. Governor Davis also
wrote to General Wool for troops. Meanwhile a
company was sent out under Jesse Walker, who kept
the savages at bay, and on its return received the
commendations of Governor Curry, Davis having in
the mean time resigned.
This expedition was used by the dominant party
for many years to browbeat the influential whigs of
southern Oregon. The Statesman facetiously named
it the "expedition to fight the emigrants;" and in
plainer language denounced the quartermaster-gen
eral and others as thieves, because the expedition cost
forty-five thousand dollars.53
51 In Judge Deady's court the following year a white man was convicted
of manslaughter of an Indian, and was sentenced to two years in the peni
tentiary. Or. Statesman, June 2, 1855.
52 The slayers of Edward Wills and Kyle, and those chastised by Major
Kearney in 1851, are the only Indians ever punished for crime by either civil
or military authorities in southern Oregon. U. 8. H. Misc. Doc. 47, 58, 35th
cong. 2d sess.
53 Grasshoppers had destroyed vegetation almost entirely in the southern
valleys this year, which led to a great expense for forage.
INDIAN DISTURBANCES. 343
Drew in his report seemed to apologize for the
great cost, and pointed out that the prices were not
so high as in 1853, and that many expenses then in
curred had been avoided; but he could not prevent
the turning into political capital of so large a claim
against the government, though it was the merchants
of Yreka and not of Jacksonville who overcharged,
if overcharging there was.54 The attacks made on
the whigs of southern Oregon led to the accumula
tion of a mass of evidence as to prices, and to years
of delay in the settlement of accounts. On the side
of the democrats in this struggle was General Wool,
then in command of the division of the Pacific, who
wrote to Adjutant-general Thomas at New York
that the governor of Oregon had mustered into ser
vice a company of volunteers, but that Captain Smith
was of opinion that they were not needed, and that
it was done on the representations of speculators who
were expecting to be benefited by furnishing sup
plies.55
There was a massacre of immigrants near Fort
Boisd in August, that caused much excitement on
the Willamette. The party was known as Ward's
train, being led by Alexander Ward of Kentucky,
and consisting of twenty-one persons, most of whom
were slain.56 Not only was the outrage one that
could not be overlooked, or adequately punished by
civil or military courts, but it was cause for alarm
such as was expressed in the report of Quartermaster
Drew, that a general Indian war was about to be pre
cipitated upon the country, an apprehension strength
ened by reports from many sources.
In order to make plain all that followed the events
recorded in this chapter, it is necessary to revert to
54 The merchants and traders of Jacksonville, who were unable to furnish
the necessary supplies, which were drawn from Yreka, testified as to prices.
U. S. H. Mi*c. Doc. 47, 32-5, 35th cong. 2d sess.
5;> Message of President Pierce, with correspondence of General Wool, in
U. ti. Sen. Ex. Doc. 16, 33d cong. 2d sess.
56 For particulars see California Inter Pocula, this series, passim.
344 LEGISLATION, MINING, AND SETTLEMENT.
statements contained in tho correspondence of the war
department. That which most concerned this par
ticular period is contained in a document transmitted
to the senate, at the request of that body, by Presi
dent Pierce, at the second session of the thirty-third
congress. In this document is a communication of
General Wool to General Cooper at Washington
City, in which is mentioned the correspondence of
the former with Major Rains of the 4th infantry,
in command of Fort Dalles, and of Major Alvord,
U. S. paymaster at Vancouver, who had each written
him on the subject of Indian relations. As the re
port of Rains has been mentioned in another place,
it is not necessary to repeat it here. Colonel George
Wright had contributed his opinion concerning the
" outrages of the lawless whites" in northern Cali
fornia, and to strengthen the impression, had quoted
from the report of Indian Agent Culver concerning
the conduct of a party of miners on Illinois River, who
had, as he averred, wantonly attacked an Indian en
campment and brutally murdered two Indians and
wounded others.57 The facts were presented to Wool,
and by Wool to headquarters at Washington. The
general wrote, that to prevent as far as possible the
recurrence of further outrages against the Indians,
he had sent a detachment of about fifty men to re-
enforce Smith at Fort Lane; but that to keep the
peace and protect the Indians against the white people,
the force in California and Oregon must be increased.
This letter was written in March 1854.
On the 31st of March, Wool again wrote General
Scott, at New York, that the difficulty of preserving
57 U. S. Sen. Ex. Doc. 16, 14-15, 33d cong. 2d sess. Lieut J. C. Bonny-
castle, commanding Fort Jones, in relating the attack on some of the Shastaa
whom he \\ as endeavoring to protect, and whom Captain Goodall was escort
ing to Scott's Valley to place in his hands, says: 'Most of the Indians hav
ing escaped into the adjacent chapparal, where they lay concealed, the whites
began a search for them, during which an Indian from behind his bush for
tunately shot and killed a white man named McKaney. ' In the same report
he gives the names of the men who had fired on the Indians, the list not in
cluding the name of McKaney. U. S. Sen. Ex. Doc. 16, p. 81, 33d cong. 2d
Bess.; U. S. II . Ex. Doc. 1, 446-60, vol. i. pt i., 33d cong. 2d sess.
ATTITUDE OF THE ARMY. 345
peace, owing to the increase of immigration and the
encroachments of the white people upon the Indians,
which deprived them of their improvements, was con
tinually increasing. There were, he said, less than a
thousand men to guard California, Oregon, Washing
ton, and Utah, and more were wanted. The request
was referred by Scott to the secretary of war, and
refused.
In May, Wool sent Inspector-general J. K. F.
Mansfield to make a tour of the Pacific department,
and see if the posts established there should be made
permanent; but expressed the opinion that ythose in
northern California could be dispensed with, not
withstanding that the commanders of forts Reading
and Jones were every few weeks sending reports
filled with accounts of collisions between the white
population and the Indians.
At this point I observe certain anomalies. Congress
had invited settlers to the Pacific coast for political
reasons. These settlers had been promised protection
from the savages. That protection had never to
any practical extent been rendered; but gradually
the usual race conflict had begun and strengthened
until it assumed alarming proportions. The few
officers of the military department of the govern
ment, sent here ostensibly to protect its citizens, had
found it necessary to devote themselves to protecting
the Indians. Over and over they asserted that the
white men were alone to blame for the disturbances.
Writing to the head of the department at New
York, General Wool said that the emigration to Cal
ifornia and Oregon would soon render unnecessary a
number of posts which had been established at a great
expense, and that if it were left to his discretion, he
should abolish forts Reading and Miller in California,
and establish a temporary post in the Pit River coun
try; also break up one or two posts in northern Cali
fornia and Oregon, which could only mean forts Jones
and Lane, and establish another on Puget Sound,
346 LEGISLATION, MINING, AND SETTLEMENT.
and, if possible, one in the Boise country ; though his
preference would be given to a company of dragoons
to traverse the Snake River country in the summer
and return to The Dalles in the winter.
Governor Curry, on learning that the expedition
under Haller had accomplished nothing, and that the
whole command numbered only sixty men, and think
ing it too small to accomplish anything in the Snake
River country should the Indians combine to make
war on the immigration, on the 18th of September
issued a proclamation calling for two companies of
volunteers, of sixty men each, to serve for six months,
unless sooner discharged, and to furnish their own
horses, equipments, arms, and ammunition; the com
panies to choose their own officers, and report to Brig
adier General Nesmith on the 25th, one company to
rendezvous at Salem and the other at Oregon City.
Commissions were issued to George K. Sheil, as
sistant adjutant-general, John McCracken, assistant
quartermaster-general, and Victor Trevitt, commissary
and quartermaster. A request was despatched to
Vancouver, to Bonneville, to ask from the United
States arms, ammunition, and stores with which to
supply the volunteer companies, which Bonneville re
fused, saying that in his opinion a winter campaign
was neither necessary nor practicable. Nesmith be
ing of like opinion, the governor withdrew his call
for volunteers.
When the legislative assembly convened, the gov
ernor placed before them all the information he pos
sessed on Indian affairs, whereupon a joint committee
was appointed to consider the question. Lane had
already been informed of the occurrences in the Boise
country, but a resolution was adopted instructing
the governor to correspond with General Wool and
Colonel Bonneville in relation to the means available
for an expedition against the Shoshones. The total
force then in the Pacific department was 1,200, dra
goons, artillery, and infantry; of which nine compa-
WAR FORCES. 347
nies of infantry, 335 strong, were stationed in Ore
gon and Washington, and others were under orders
for the Pacific.
Governor Davis had written Wool of anticipated
difficulties in the south; whereupon the latter in
structed Captain Smith to reenfbrce his squadron
with the detachment of horse lately under command
of Colonel Wright, and with them to proceed to
Klarnath Lake to render such assistance as the immi
gration should require. About a month later he re
ported to General Thomas that he had called Smith's
attention to the matter, and that he was informed that
all necessary measures had been taken to prevent dis
turbances on the emigrant road.
In congress the passage of the army bill failed this
year, though a section was smuggled into the appro
priation bill adding two regiments of infantry and
two of cavalry to the existing force, and authorizing
the president, by the consent of the senate, to appoint
one brigadier general. It was further provided that
arms should be distributed to the militia of the terri
tories, under regulations prescribed by the president,
according to the act of 1808 arming the militia of
the states. No special provision was made for the
protection of the north-west coast, and Oregon was
left to meet the impending conflict as best it might.
CHAPTEE XIV.
GOVERNMENT AND GENERAL DEVELOPMENT.
1854-1855.
RESIGNATION OF GOVERNOR DAVIS — His SUCCESSOR, GEORGE LAW CTJRRY —
LEGISLATIVE PROCEEDINGS — WASTE OF CONGRESSIONAL APPROPRIA
TIONS — STATE HOUSE — PENITENTIARY — RELOCATION OF THE CAPITAL
AND UNIVERSITY — LEGISLATIVE AND CONGRESSIONAL ACTS RELAT VE
THERETO — MORE COUNTIES MADE — FINANCES — TERRITORIAL CONVEN
TION — NEWSPAPERS — THE SLAVERY SENTIMENT — POLITICS OF THE PE-
EJOD — WHIGS, DEMOCRATS, AND KNOW-NOTHINGS— A NEW PARTY —
INDIAN AFFAIRS — TREATIES EAST OF THE CASCADE MOUNTAINS.
IN August 1854 Governor Davis resigned. There
was no fault to be found with him, except that he was
imported from the east. In resigning, he gave as a
reason his domestic affairs. He was tendered a part
ing dinner at Salem, which was declined; and after a
residence of eight months in the territory he returned
to the states with a half-declared intention of making
Oregon his home, but he died soon after reaching the
O O
east. Although a good man, and a democrat, he was
advised to resign, that Curry might be appointed
governor, which was done in November following.1
Curry was the favorite of that portion of the dem
ocratic party known as the Salem clique, and whose
organ was the Statesman. He followed the States-
mans lead, and it defended him and his measures,
which were really its own. He was a partisan more
through necessity than choice, and in his intercourse
with the people he was a liberal and courteous gentle-
1 Lane's Autobiography, MS., 59; Or. Statesman, Dec. 12, 1854; Amer.
Almanac, 1855-6. 1857-9.
(348)
LEGISLATURE 1854-5. 349
man. Considering his long acquaintance with Oregon
affairs, and his probity of character, he was perhaps
as suitable a person for the position as could have
been found in the party to which he belonged.2 He
possessed the advantage of being already, through his
secretaryship, well acquainted with the duties of his
office, in which he was both faithful and industrious.
Such was the man who was chosen to be governor of
Oregon during the remaining years of its minority,
and the most trying period of its existence.
The legislature met as usual the first Monday in
December,3 with James K. Kelly president of tha coun
cil, and L. F. Cartee, speaker of the lower house.
2 George Law Curry, born in Philadelphia, July 2, 1820, was the son of
George Curry, who served as captain of the Washington Blues in the engage
ment preceding the capture of Washington city in the war of 1812; and
grandson of Christopher Curry, an emigrant from England who settled in
Philadelphia, and lies in the Christ Church burial-ground of that city. He
visited the republic of Colombia when a child, and returned to the family
homestead near Harrisburg, Penn. His father dying at the age of 11, he went
to Boston, where he was apprenticed to a jeweler, finding time for study and
literary pursuits, of which he was fond. In 1838 he was elected and served
two terms as president of the Mechanic Apprentices' Library, upon whose
records may be found many of his addresses and poems. In 1843 he removed
to St Louis, and there joined with Joseph M. Field and other theatrical and
literary men in publishing the Reveille, emigrating to Oregon in 1846, after
which time his history is a part of the history of the territory. His private
life was without reproach, and his habits those of a man of letters. He lived
to see Oregon pass safely through the trials of her probationary period to be
a thriving state, and died July 28, 1878. Biography of George L. Curry, MS.,
1-3; Seattle Pacific Tribune, July 31, 1878; Portland Standard, July 13,
1878; S. F. Post, July 30, 1878; Ashland Tidings, Aug. 9, 1878; Salem States
man, Aug. 2, 1878; Portland Oregonian, July 29, 1878.
3 The members elect of the council were: J. C. Peebles of Marion; J. K.
Kelly, Clackamasand Wasco; Dr Cleveland of Jackson; L. W. Phslpsof Linn;
Dr Greer, Washington and Columbia; J. M. Fulkerson, Polk an;l Tillamook;
John Richardson, Yamhill; A. L. Humphrey, Bentoii and Lana; Levi Scott,
Umpqua. The lower house consisted of G. W. Coffinbury, of Clatsop; E. S.
Tanner, David Logan, D. H. Belknap, Washington; A. J. Hembree, A. G.
Henry, Yamhill; H. N. V. Holmes, Polk and Tiilamook; I. F. M. Butler,
Polk; R. B. Hinton, W^ayman St Clair, Benton; L. F. Cartee, W. A. Stark
weather, A. L. Lovejoy, Clackamas; C. P. Crandall, R. C. Geer, N. Ford,
Marion; Luther Elkins, Delazon Smith, Hugh Brown, Linn; A. W. Patterson,
Jacob Gillespie, Lane; James F. Gazley, Douglas; Patrick Dunn, Alexander
Mclntire, Jackson; O. Humason, Wasco; Robert J. Ladd, Umpqua; J. B.
Condon, Columbia; J. H. Foster, Coos, elected but not present. Two other
names, Dunn and Walker, appear in the proceedings and reports, but no clew
is given to their residence. Or. Jour. Council, 1854-5; Or. Statesman, Dec.
12, 1854.' The clerks of the council were B. Genois, J. Costello, and M. C.
Edwards. Sergeant-at-arms, J. K. Delashmutt; doorkeeper, J. L. Gwinn.
The clerks of the lower house were Victor Trevitt, James Elkins, S. M.
Hammond. Sergeant-afc-arms, G. L. Russell; doorkeeper, Blevins.
350 GOVERNMENT AND GENERAL DEVELOPMENT.
The session was begun and held in two rooms of the
state house, which was so far finished as to be used
for the meetings of the assembly. The principal busi
ness, after disposing of the Indian question, was con
cerning the public buildings and their location. The
money for the state house was all expended, and the
commissioners were in debt, while the building was
still unfinished. The penitentiary fund was also nearly
exhausted, while scarcely six cells of the prison were
finished,4 and the contractors were bringing the gov
ernment in their debt. The university commissioners
had accepted for a site five acres of land tendered by
Joseph P. Friedley at Corvallis, and had let the con
tracts for building materials, but had so far only ex
pended about three thousand dollars; while the com
missioners appointed to select, protect, sell, and control
the university lands had made selections amounting
to 18,000 acres, or less than one township. Of this
amount between 3,000 and 4,000 acres had been sold,
for which over $9,000 had been realized. In this case
there was no indebtedness. No action had yet been
taken concerning the Oregon City claim, which was
a part of the university land, but proceedings would
soon be begun to test the validity of titles.5 To meet
the expense of litigation, an act was passed authoriz
ing the employment of counsel, but with a proviso
that in the event of congress releasing this claim to
* The territorial prisoners were placed in charge of the penitentiary com
missioners about the beginning of 1854. There were at that time three con
victs, six others being added during the year. It is shown by a memorial from
the city of Portland that the territorial prisoners had been confined in the
city prison, which they had set on fire and some escaped. The city claimed
indemnity in $12,000, recovering $600. A temporary building was then
erected by the commissioners for the confinement of those who could not be
employed on the penitentiary building, some of whom were hired out to the
highest bidder. It was difficult to obtain keepers on account of the low sal
ary. It was raised at this session to $1,000 per annum, with $600 for each
assistant. G. D. R. Boyd, the first keeper, received $716 for 7 months'
service.
5 A memorial had been addressed to congress by Anderson of the legisla
ture of 1852-3, praying that the Oregon City claim might be released to Mc-
Loughlin, and a township of land granted that would not be subject to liti
gation. Whether it was forwarded is uncertain; but if so, it produced no
effect.
THE CAPITAL QUESTION. 351
McLoughlin, the money obtained from the sale of
lots should be refunded out of the sale of the second
township granted by congress for university purposes
in the last amendment to the land law of Oregon.6
Such was the condition of the several appropriations
for the benefit of the territory, at the beginning of
the session.
And now began bargaining. Further appropria
tions must be obtained for the public buildings. Cor-
vallis desired the capital, and the future appropria
tions. At the same time the members from southern
Oregon felt that their portion of the state was entitled
to a share in the distribution of the public money.
An act was passed relocating the seat of government
at Corvallis, and removing the university to Jackson
ville.7 It was not even pretended that the money
to be spent at Jacksonville would benefit those it was
intended to educate, but only that it would benefit
Jackson county.8
The act which gave Corvallis the capital ordained
that "every session of the legislative assembly, either
general or special," should be convened at that place,
and appointed a new board of commissioners to erect
suitable public buildings at the new seat of govern
ment.9 Congress made a further appropriation of
$27,000 for the state house, and $40,000 for the peni
tentiary, to be expended in such a manner as to in
sure completion without further aid from the United
States.10 Then it began to be understood that the re
location act, not having been submitted to congress as
required by the organic act, was not operative, and
6 This is an allusion to a memorial similar to Anderson's passed at the
previous session.
7 Or. Laws, in Statesman, Feb. 6 and 13, 1855.
8 In the bargain between Avery and the Jackson county member, said the
Statesman, the latter remarked that he 'did not expect it [the university] to
remain there, but there would be about $12,000 they could expend before it
could be removed, which would put up a building that would answer for a
court-house. '
9 B. R. Biddle, J. S. Mcltuney, and Fred. Waymire constituted the new
board. Or. Statesman, Feb. 6, 1855.
10 Cong. Globe, 1854-5, app. 380, 33d cong. 2d
352 GOVERNMENT AND GENERAL DEVELOPMENT.
that the seat of government was not removed from
Salem to Corvallis by that act, nor would it be until
such times as congress should take action. Nor could
the governor pay out any part of the appropriation
under instructions from the legislature, except under
contracts already existing. The executive office, more
over, should not be removed from Salem before con
gress should have approved the relocation act.11 So
said the comptroller; but the governor's office was
already removed to Corvallis when the comptroller
reached this decision. The Statesman, too, which did
the public printing, had obeyed the legislative enact
ment, and moved its office to the new seat of govern
ment.12
When the legislature met in the following Decem
ber, Grover introduced a bill to relocate the capital
at Salem, which became a law on the 12th of De
cember, 1855. But this action was modified by the
passage of an act to submit the question to the people
at the next election. Before this was done, and per
haps in order that it might be done, the almost com
pleted state house, with the library and furniture, was
destroyed by fire, on the night of the 30th of Decem
ber, which was the work of an incendiary. The
whigs charged it upon the democrats, and the demo
crats charged it upon "some one interested in having
the capital at Corvallis." 13 However that may have
been, it fixed the fate of Corvallis in this regard.1*
Further than this, it settled definitely the location
question by exhausting the patience of the people.15
11 Or. Jour. Council, 1855-6, app. 12.
12 Corvallis had at this time a court-house, two taverns, two doctors, and
several lawyers' offices, a school-house, the Statesman office, a steam saw-mill,
and two churches. The methodist church was dedicated Dec. 16, 1855, G.
Hines officiating. Or. Statesman, Oct. 13 and Dec. 8, 1855; Speech of Grover,
in Id., Dec. 18, 1855.
™Deady's ffisL Or., MS., 26; Grover's Pub. Life in Or., MS., 51-4; Or.
Statesman, Jan. 29, 1856; Id., July 29 and Sept. 30, 1856; Or. Argus, Jan.
5, 1856; Or. Jour. House, 1855-6, app. 165-70; Armstrong'* Or., 17.
14 At the election in June 1856. the votes for the capital between the prin
cipal towns stood, Portland, 1,154; Salem, 2,049; Corvallis, 1,998; Eugene,
2,316.
15 At the final election between these places the people refused to vote,
LEGISLATIVE PROCEEDINGS. 353
The legislature was reduced to the necessity of meet
ing in hired apartments for nearly twenty years before
the state was able to erect a suitable structure.
The $40,000 appropriated to complete the peniten
tiary was expended on a building which should not
have cost one third of the two appropriations, the
state a dozen years later erecting another and better
one at Salem.
To return to the legislative proceedings of 1854-5.
Another partisan act of this body was the passage of
a bill in which voting viva voce was substituted for
voting by ballot — a blow aimed at anticipated suc
cess of the new party; and this while the Statesman
made war on the anti -foreign and anti-catholic prin
ciples of the know-nothings, forgetting how zealously
opposed to foreigners and catholics the first great
democratic leader of Oregon, S. R. Thurston, had
been. Specious reasons were presented in debate, for
the adoption of the new rule, while the Statesman
openly threatened to deprive of public patronage all
who by the viva voce system were discovered to be
opposed to democratic principles. In view of the
coming election, the viva voce bill possessed much sig
nificance. It compelled every man to announce by
voice, or by a ticket handed to the judge, his choice,
which in either case was cried aloud. This surveillance
was a severe ordeal for some who were not ready
openly to part company with the democracy, and
doubtless had the effect to deter many. As a coer
cive measure, it was cunningly conceived. Every
whig in the house voted against it, and one third of
the democrats, and in the council the majority was
but two. This bill also possessed peculiar significance
in view of the passage of another requiring the people
to vote at the next election on the question of a
being, as the Statesman said, 'tired of the subject.' Avery, who was elected
to the legislature in 1856, again endeavored to bring the subject before them,
but the bill was defeated.
HIST. OR., VOL. II. 23
354 GOVERNMENT AND GENERAL DEVELOPMENT.
state constitutional convention, for which the ruling
party, foreseeing that appropriations for the territory
were about exhausted, was now ripe. The three
measures here mentioned comprise all of the impor
tant work of the session.16
An effort was made in the election of 1854 to get
some temperance men elected to the legislature, in
order to secure a prohibitory liquor law; and for this
purpose a third party, called the Maine-law party,
had its candidates in the field. None were elected on
this issue, but much opposition was aroused.17
16 Multnomah county was created at this session out of portions of Wash
ington and Clackamas, making it comprise a narrow strip lying on both sides
of the Willamette, including Sauvd Island, and fronting on the Columbia
River, with the county-seat at Portland. The first county court was organ
ized Jan. 17, 1855; the board consisting of G. W. Vaughn, Ainslee R. Scott,
and James Bybee, The bonds of Shubrick Norris, auditor, of William Mc-
Millen, sheriff, and A. D. Fitch, treasurer, were presented and approved.
Rooms were rented in the building of Coleman Barrell, OH the corner of First
and Salmon streets, for a court-house. R. B. Wilson was appointed coroner
at the second meeting of the board. The first board elected at the polls
was composed of David Powell, Ellis Walker, and Samuel Farman, which
met July 2, 1855. The first term of the district court was held April IGth,
Olney presiding. The first grand jury drawn consisted of J. S. Dickinson,
Clark Hay, Felix Hicklin, K. A. Peterson, Edward Allbright, Thomas H.
Stallard, William L. Chittenden, George Hamilton, William Cree, Robert
Thompson, William H. Frush, Samuel Farman. William Hall, William
Sherlock, W. P. Burke, Jacob Kline, Jackson Powell, John Powell. The
first cause entered on the docket was Thomas V. Smith vs William H. Mor
ton, David Logan, and Mark Chinn.
An act of this legislature authorized the location of county seats by a ma
jority of votes at the annual elections. The county seat of Umpquawas thus
iixed at Elkton, on the land claim of James F. Levens. An act was passed
for the support of indigent insane persons. There were a number of applica
tions made to the legislature to have doubtful marriages legalized; but the
judiciary committee, to whom they were referred, refused to entertain the
petitions, on the ground that it was not their duty to shelter persons commit
ting crimes against the laws and public sentiment. Notwithstanding, a
special act was passed in the case of John Carey, who had a wife and children
in the States, to make legitimate the children of a woman whom he had in
formally taken to wife while crossing the plains. Or. Statesman, April 3,
1855.
17 Notwithstanding the antagonism exhibited at the opening of the session,
the Maine-law bill being withdrawn, an act was passed of the nature of a local-
option law, requiring retail dealers, or those who wished to sell by any quan
tity less than a quart, to obtain the signatures of a majority of the legal voters
in their respective precincts to petitions praying that licenses should be granted
them; if in a city, the signatures of a majority of the legal voters in the
ward where it was designed to sell. Before proceeding to obtain the signa
tures, the applicant was required to post notices for ten days of his intention
to apply for a license, in order to afford an opportunity for remonstrances to
be signed. There were two many ways of evading a law of this nature to
make it serve the purpose of prohibition, even in a temperance community;
DEMOCRATS AND WHIGS. 355
The report of the territorial auditor showed that
whereas at the beginning of the present fiscal year
he had found $4.28 in the treasury, at its close, after
balancing accounts, there were $68.94 on hand. The
territory was in debt between $7,000 and $8,000; but
the estimated revenue for the next year would be
over $11,000, which would not only discharge the
debt, but lessen the present rate of taxation. En
couraged by this report, the legislature made appro
priations which amounted to nearly as much as the
anticipated revenue, leaving the debt of the territory
but little diminished, and the rate of taxation the
same — a course for which, when another legislature
had been elected, they received the reproaches of their
own organs.18
There began in April 1855, with the meeting of
the democratic territorial convention at Salem, a
determined struggle to put down the rising influence
of whig principles.19 At the first ballot for delegate
to congress, Lane received fifty-three out of fifty- nine
votes, the six remaining being cast by Clackamas
county for Pratt. A movement had been made in
Linn county to put forward Delazon Smith, but it
was prudently withdrawn on the temper of the major
ity becoming manifest. Lane county had also in
structed its delegates to vote for Judge George H.
Williams as its second choice. But the great per
sonal popularity of Lane threw all others into the
background.
On the 18th of April the whigs held a convention
at Corvallis, for the purpose of nominating a delegate,
and for this very reason it was possible to pass it in a legislature unfriendly
to prohibition.
18 Or. Jour. Council, 1854-5, app. 21-7. The territorial officers elected
by the assembly were Nat. H. Lane, treasurer; James A. Bennett, auditor;
and Milton Shannon, librarian.
19 Said the Statesman of April 17th: 'Defeat and disgrace to know-noth
ing whiggery and canting hypocrisy was a decree which went forth from
that meeting. . .The handwriting is upon the wall, and it reads, "Jo Lane, a
democratic legislature, democratic prosecutors, democratic everything."'
356 GOVERNMENT AND GENERAL DEVELOPMENT.
and made choice of Ex-governor Gaines, against four
other aspirants. The majority being for Gaines on the
first ballot, T. J. Dryer and A. G. Henry withdrew,
leaving M. A. Chinn and A. Holbrook. Gaines then
received sixty-three votes and Chinn three. The
convention adopted as its platform, "General Gaines
against the world," and the campaign opened.20 A
movement was put on foot by the religious portion of
the community to form a temperance party, and to
elect members to the legislature on that issue; and a
meeting was held for that purpose April 16th, which
was addressed by George L. Atkinson, H. K. Hines,
and W. L. Adams, the last named a rising politician,
who in the spring of 1855 established the Oregon
Argus, and advocated among other reforms a prohibi
tory liquor law. As the paper was independent, it
tended greatly to keep in check the overweening
assumption of the Statesman, and was warmly wel
comed by the new party.21
20 As the reader has been so long familiar with the names of the demo
cratic leaders, it will be proper here to mention those of the territorial whig
committee. They were E. N. Cooke, James D. McCurdy, Alex. Mclntyre,
0. A. Reed, and T. J. Dryer. Oreyonian, April 14, 1855.
21 The Oregon An/us was printed on the press and with the materials of
the old Spectator, which closed its career in March 1855. The editor and
publisher, Mr Adams, possessed the qualifications necessary to conduct an
independent journal, having self-esteem united with argumentative powers;
moreover, he had a conscience. In politics, he leaned to the side of the
whigs, and in religion was a campbellite. This church had a respectable
membership in Oregon. Adams sometimes preached to its congregations,
and was known pretty generally as Parson Billy. The mistakes he made in
conducting his paper were those likely to grow out of these conditions. Being
independent, it was open to everybody, and therefore liable to take in occa
sionally persons of doubtful veracity. Being honest, it sometimes betrayed a
lack of worldly wisdom. The Statesman called it the 'Airgoose; ' nevertheless,
' it greatly assisted in forming into a consistent and cohesive body the scat
tered materials that afterward composed the republican party.' The Argus
continued to be published at Oregon City till May 1863, D. W. Craig being
associated with Adams in its publication. Six months after its removal, hav
ing united with the Republican of Eugene City, the two journals passed into
the hands of a company who had purchased the Statesman, the political status
of the latter having undergone a change. Salem Directory, 1871, p. 81. Adams
had in the mean time been appointed collector of customs at Astoria by Lin
coln, in 1861, and held this position until he resigned it in 1866. In 1868
he travelled in South America, and finally went to New England, where he
delivered a lecture on Oregon and the Pacific Coast, at Tremont Temple, Oct.
14, 1869, which was published in pamphlet form at Boston the same year.
The pamphlet contains many interesting facts, presented in the incisive and
yet often humorous style which characterized the author's writings as a jour-
THE KNOW-NOTHING PARTY. 357
The Argus, however, placed the name of Gaines at
the head of its editorial columns as its candidate for
delegate to congress. The Portland Times*1 was
strongly democratic, and sustained the nomination of
Lane. The Portland Democratic Standard labored
of course for its proprietor, Pratt, till the almost
unanimous nomination of Lane by the Salem conven
tion took away its proper occupation, and it turned to
general party uses.23
Lane arrived in Oregon early in April, and soon
after the convention the campaign began, the whigs
and know-nothings, or native Americans, uniting on
Gaines and against the democracy.
The native Americans, it may be here said, were
largely drawn from the missionary and anti-Hudson's
Bay Company voters, who took the opportunity fur
nished by the rise of the new party to give utterance
to their long-cherished antipathies toward the foreign
element in the settlement of Oregon. Some of them
were men who had made themselves odious to right-
thinking people of all parties by their intemperate
zeal against foreign-born colonists and the catholic
religion, basing their arguments for know-nothing
nalist. He studied medicine while in the east, and practised it after return
ing to Oregon. In the West Shore, a monthly literary paper began at Port
land in 1875 by L. Samuels, are Rambling Notes of Olden Times by Adams,
in which are some striking pictures of the trials and pleasures of pioneer life,
besides many other articles; but his principal work in life was done as editor
of the paper he originated.
22 Of the two papers started in 1850, the Star was removed to Portland
in 1851, where it became the Times, edited first by Waterman, and subse
quently by Hibben, followed by Russell D. Austin. It ran until 1858 in
the interest of the democratic party. West Shore, Jan. 1876. Austin mar
ried Miss Mary A. Collins of Holyoke, Mass. Oregon Argus, Oct. 13, 1855.
•23 Portland Orenonian, April 15, 1876. Another paper that came into
being in 1855 was the Pacific Christian Advocate. It was first called the
North Pacific Christian Herald, and had for publishers A. F. Waller1, Thos
H. Pearne, P. G. Buchanan, J. R. Robb, and C. S. Kingsley, with Thos H.
Pcarne for manager. See Or. Statesman, June 16, 1855. It soon afterward
changed its name to Pacific Christian Advocate, published by A. F. Waller,
J. L. Parrish, J. D. Boon, C. S. Kingsley, and H. K. Hines, with Thos H.
Pcarne editor. The following year the methodist general conference, in ses
sion at Indianapolis, resolved to establish a book depository and publish
a weekly paper in Oregon; and that the book agents at New York be advised
to purchase the Pacific Christian Advocate, already started, at $3,500, and
to employ an editor with a fixed salary. Or. and its 'institutions, 107-8.
358 GOVERNMENT AND GENERAL DEVELOPMENT.
principles upon the alleged participation in the Whit
man massacre of the catholic priesthood.24
Anything like cant entering into American politics
has always proven a failure ; and the democratic party
were not too refined to give utterance to an honest
disgust of the bigotry which attempted it in Oregon.
The election resulted in the complete triumph of
democracy, Lane's majority being twenty-one hun
dred and forty-nine.25 There were but four whigs
elected to the assembly, two in each house. A dem
ocratic prosecuting attorney was elected in each judi
cial district.26 The party had indeed secured every
thing it aimed at, excepting the vote for a state con
stitution, and that measure promised to be soon se
cured, as the majority against it had lessened more
than half since the last election.
In spite of and perhaps on account of the dom
inance of democratic influence in Oregon, there was
a conviction growing in the minds of thinking people
not governed by partisan feeling, which was in time
to revolutionize politics, and bring confusion upon the
men who lorded it so valiantly in these times. This
was, that the struggle for the extension of slave ter
ritory which the southern states were making, aided
and abetted by the national democratic party, would
be renewed when the state constitution came to be
formed, and that they must be ready to meet the
emergency.
In view of the danger that by some political jug
glery the door would be left open for the admission
of slavery, a convention of free-soilers was called to
meet at Albany on the 27th of June, 1855. Little
more was done at this time than to pass resolutions
24 Or. Am. Evang. Unionist, Aug. 2, 1848.
25 Official, in Or. Statesman, June 30, 1855. The Tribune Almanac for
1856 gives Lane's majority as 2,235. The entire vote cast was 10,121. There
were believed to be about 11,100 voters in the territory.
26George K. Sheil in the 1st district; Thomas S. Brandon in the 2d; R. E.
Stratton in the 3d; and W. G. T' Vault in Jackson county, which was al
lowed to constitute a district.
INDIAN AFFAIRS. 359
expressing the sentiments and purposes of the mem
bers, and to appoint a committee to draft a platform
for the anti-slavery party, to be reported to an ad
journed meeting to be held at Corvallis on the 31st
of October.27 This was the beginning of a move
ment in which the Argus played an important part,
and which resulted in the formation of the republican
party of Oregon. It was the voice crying in the
wilderness which prepared the way for the victory of
free principles on the Northwest Coast, and secured
to the original founders of the Oregon colony the
entire absence of the shadow and blight of an insti
tution which when they left their homes in the
States the earliest immigrations determined to leave
behind them forever. With regard, however, to the
progress of the new party, before it had time to com
plete a formal organization, events had occurred in
Oregon of so absorbing a nature as to divert the
public mind from its contemplation.
I have already spoken of the round of visits which
Indian Superintendent Palmer made in 1854, about
which time he concluded some treaties — none of those
made by Gaines ever having been ratified — with the
Indians of the Willamette Valley.28 It was not until
October that he was able to go to the Indians of south -
27 The committee were John Conner, B. F. Whitson, Thomas S. Kendall,
Origen Thomson, and J. P. Tate. Or. Arcjus, July 7, 1855. The members of
this first anti-slavery meeting of Oregon were Origen Thomson, H H
Hicklin, T. S. Kendall, Jno. R. McClure, Wm T. Baxter, Wilson BJain, Jno.
McCoy, Samuel Hyde, W. L. Coon, Wm Marks, W. C. Hicklin, H. F
McCully, David Irwin, John Smith, Isaac Pest, J. VV. Stewart, G. W. Lam
bert, J. B. Forsyth, J. M. McCall, John Conner, Thos Cannon, B. F. Whit-
son, W. C. Johnson, Hezekiah Johnson, J. T. Craig, D. C. Hackley, S. R.
McClelland, Robert A. Buck, Samuel Bell, J. P. Tate, U. H. Dunning'
Alfred Wheeler, Samuel Colver, D. H. Bodinn, W. C. Garwood, D. Beach]
Charles Ferry, J. F. Thompson, Milton B. Starr. Or. Aryus, July 7, 1855.
28 A treaty was made with the Tualatin band of Calapooyas for their land
lying in Washington and Yamhill counties, for which they received §,'],. *}00 in
goods, money, and farm tools; also provisions for one year, and annuities of
goods for twenty years, besides a tract of 40 acres to each family, two of
which were to be ploughed and fenced, and a cabin erected upon it. Teach
ers of farming, milling, blacksmithing, etc., were to be furnished with manual-
labor schools for the children. The provisions of all of Palmer's treaties were
similar.
360 GOVERNMENT AND GENERAL DEVELOPMENT.
ern Oregon with the assurance that congress had rat
ified the treaties made at the close of the war of 1853,
with some amendments to which they consented some
what unwillingly,29 but were pacified on receiving their
first instalment of goods. S. H. Culver was removed,
and George H. Ambrose made agent on the Rogue
River reservation.30 By the 1st of February, 1855, all
the lands between the Columbia River and the summit
of the Calapooya Mountains, and between the Coast
and Cascade ranges, had been purchased for the United
States, the Indians agreeing to remove to such local
ities as should be selected for them, it being the in
tention to place them east of the Cascades. But the
opposition made by all natives, to being forced upon
the territory of other tribes, or to having other tribes
brought into contact with them, on their own lands,
influenced Palmer to select a reservation on the coast,
extending from Cape Lookout on the north to a point
half-way between the Siuslaw and Umpqua rivers,
taking in the whole country west of the Coast Range,
with all the rivers and bays, for a distance of ninety
miles, upon which the Willamette and coast tribes
were to be placed as soon as the means should be at
hand to remove them.
No attempt to treat with the Oregon tribes east of
the Cascade Mountains for their lands had ever been
made, and except the efforts of the missionaries, and
the provisional government, for which White may be
considered as acting, nothing had been done to bring
them into friendly relations with the citizens of the
United States. The Cayuse war had left that tribe
29 The amendment most objected to was one which allowed other tribes to
be placed on their reservation, and which consolidated all the Rogue River
tribes.
30 Palmer appears to have been rather arbitrary, but being liked by the
authorities, in choosing between him and an agent whom ne disliked, they
dismissed the agent without inquiry. Sub-agent Philip F. Thompson of
Umpqua having died, E. P. Drew succeeded him. Nathan Olney superseded
Parrish. There remained R. R. Thompson, W. W. Raymond, and William
J. Martin, who resigned in the spring of 1855, and was succeeded by Robert
B. Metcalfe. These frequent changes were due, according to Palmer, to in
sufficient salaries.
TREATIES AND PURCHASE OF LANDS. 361
imbittered toward the American people. Governor
Stevens of Washington Territoy, when exploring for
the Pacific railroad, in 1853, had visited and conferred
with the tribes north and east of the Columbia con
cerning the sale of their lands, all of whom professed
a willingness to dispose of them, and to enter into
treaty relations with the government.31 Stevens had
reported accordingly to congress, which appropriated
money to defray the expense of these negotiations,
and appointed Stevens and Palmer commissioners to
make the treaties. But in the mean time a year and
a half had elapsed, and the Indians had been given
time to reconsider their hasty expressions of friend
ship, and to indulge in many melancholy forebodings
of the consequences of parting with the sovereignty
of the country. These regrets and apprehensions were
heightened by a knowledge of the Indian war of 1853
in Rogue River Valley, the expedition against the Mo-
docs and Piutes, and the expedition of Major Haller
then in progress for the punishment of the murderers
of the Ward company. They had also been informed
by rumor that the Oregon superintendent designed to
take a part of the country which they had agreed to
surrender for a reservation for the diseased and de
graded tribes of western Oregon, whose presence or
neighborhood they as little desired as the white inhab
itants. At least, that is what the Indians said of them
selves.
Aware to some extent of this feeling, Stevens sent
in January 1855 one of his most trusted aids, James
Doty, among the Indians east of the mountains, to
ascertain their views before opening negotiations for
the purchase of their lands. To Doty the Indians
made the same professions of friendship and willing
ness to sell their country which they had made to
Stevens in 1853; and it was agreed to hold a general
council of the Yakimas, Nez Perces, Cayuses, Walla
31 /. 7. Stevens, in Ind. Aff. Kept, 1854, 184, 248; U. S. H. Ex. Doc. 55,
2, 33d cong. 1st sess.
362 GOVERNMENT AND GENERAL DEVELOPMENT.
Wallas, and their allies, to be convened in the Walla
Walla Valley in May. The place of meeting was
chosen by Kamiakin, head chief of the Yakimas, be
cause it was an ancient council-ground of his people,
and everything seemed to promise a friendly confer
ence.
A large amount of money was expended in Indian
goods and agricultural implements, the customary
presents to the head men on the conclusion of treaties.
These were transported above The Dalles in keel
boats/2 and stored at Fort Walla Walla, then in
charge of James Sinclair of the Hudson's Bay Com
pany. A military escort for the commissioners was
obtained at Fort Dalles, consisting of forty dragoons
under Lieutenant Archibald Gracie,33 the company
being augmented to forty-seven by the addition of a
detachment under a corporal in pursuit of Some Indian
murderers whom they had sought for a week without
finding.
O
On the 20th of May the commissioners, who had
hastened forward, arrived at Walla Walla, and pro
ceeded to the council-grounds about five miles from
Waiilatpu,8* where the encampment was made before
the escort arrived.35 The Indians, with their accus-
32 Stevens speaks of this as the opening of navigation above The Dalles.
They were succeeded, he says, by sailing vessels of GO tons freight, and soon
by a steamer. Pac. R. R. Kept, xii. 19G-7.
33 Lieut Lawrence Kip, of the 3d artillery, who accompanied Gracie on
this occasion as u guest and spectator, afterward published an account of the
expedition and transactions of the commission, under title of The Indian
Council at Walla Walla, San Francisco, 1855, a pleasantly told narrative, in
which there is much correct information, and some unimportant errors con
cerning mission matters of which he had no personal knowledge. He givea
pretty full reports of the speeches of the chiefs and commissioners. Lieut
Kip also wrote a little book, Army Life on the Pacific Coast, A Journal of the
Expedition against the Northern Indians in the Summer of 1858, New York,
1859, in which the author seeks to defend the army officers from aspersions
cast upon them in the newspapers, and even in speeches on the floor of con
gress, as ' the drones of society, living on the government, yet a useless en
cumbrance and expense.'
31 Kip speaks of visiting some gentlemen residing on the site of the old
mission, who were 'raising stock to sell to emigrants crossing the plains, or
settlers who will soon be locating themselves through these valleys.' Indian
Council, 1(>.
3i) Kip also describes the council-ground as a beautiful spot, and tells us
that an arbor had been erected for a dining-hall for the commissioners, with
A GRAND POWWOW. 363
tomed dilatoriness, did not begin to come in until the
24th, when Lawyer and Looking Glass of the Nez
Perces arrived with their delegation, and encamped
ac no great distance from the commissioners, after
having passed through the fantastic evolutions, in
full war costume, sometimes practised on such occa
sions.36 The Cayuses appeared in like manner two
days later, and on the 28th the Yakimas, who, with
others, made up an assemblage of between four and
five thousand Indians of both sexes. An attempt
was made on the day following to organize the coun
cil, but it was not until the 30th that business was
begun.
Before the council opened it became evident that a
majority of the Indians were not in favor of treating,37
if indeed they were not positively hostile to the peo
ple represented by the commissioners; the Cayuses in
particular regarding the troops with scowls of anger,
which they made no attempt to conceal. Day after
day, until the llth of June, the slow and reluctant
conference went on. The chiefs made speeches, with
that mixture of business shrewdness and savage poetry
which renders the Indian's eloquence so effective.33
a table of split logs, with the flat side up. The troops, too, were sheltered in
arbors, and but for the showery weather the comfort of the occasion would
have equalled its picturesqueness.
36 See Hist. Or., i. 130-1, this series.
31 Kip's Indian Council, 21.
38 Thee!
them by th. ^
thing to say? I wonder if the ground
what the ground says. The ground says, " It is the great spirit that placed
me here. The great spirit tells me to take care of the Indians, to feed them
aright. The great spirit appointed the roots to feed the Indians on." The
water says the same thing. The great spirit directs me, " Feed the Indians
well." The grass says the same thing, " Feed the horses and cattle." The
ground, water, and grass say, " The great spirit has given us our names. We
have these names and hold these names. Neither the Indians nor the whites
have a right to change these names. " The ground says, ' ' The great s irit has
placed me here to produce all that grows on me, trees and fruit," The same
way the ground says, "It was from me man was made." The great spirit
in placing men on the earth desired them to take good care of the ground,
and do each other no harm. The great spirit said, "You Indians who take
care of certain portions of the country should not trade it off except you get
a fair price." ' Kip's Indian Council, 22-G. In this argument was an attempt
to enunciate a philosophy equal to the white man's. It ended, as all savage
364 GOVERNMENT AND GENERAL DEVELOPMENT.
The commissioners exhausted their store of logic in
convincing their savage hearers that they needed the
benefits of the culture which the white race could im
part to them. Over and over again, the motives of
the treaties arid the treaties themselves were explained
in the most painstaking manner. The fact was patent
that the Indians meant to resist the invasion of their
lands by the people of the United States. The
Cay uses were against any sale. Owhi, chief of the
Umatillas, and brother-in-law of Kamiakin, was op
posed to it. Peupeumoxmox, usually so crafty and
non-committal, in this matter was decided; Kamiakin
would have nothing to do with it; Joseph and Look
ing Glass were unfriendly; and only Lawyer con
tinued firm in keeping his word already pledged to
Stevens.39 But for him, and the numerical strength
of the Nez Perces, equal to that of all the other
tribes present, no treaty could have been concluded
with any of the tribes. His adherence to his deter
mination greatly incensed the Cayuses against him,
and some of his own nation almost equally, especially
Joseph, who refused to sign the treaty unless it se
cured to him the valley which he claimed as the home
of himself and his people.40 Looking Glass, war chief
arguments do, in showing the desire of gain, and the suspicion of being
cheated.
39 ' I think it is doubtful,' says Kip, ' if Lawyer could have held out but
for his pride in his small sum of book lore, which inclined him to cling to his
friendship with the whites. In making a speech, he was able to refer to the
discovery of the continent by the Spaniards, and the story of Columbus mak
ing the egg stand on end. He related how the red men had receded before
the white men in a manner that was hardly calculated to pour oil upon the
troubled waters; yet as his father had agreed with Lewis and Clarke to live
in peace with the whites, he was in favor of making a treaty!'
40Concerning the exact locality claimed by Joseph at this time as his home,
there has been much argument and investigation. At the beginning of this
history, Joseph was living near Lapwai, but it is said he was only there for
the purpose of attending Spalding's school; that his father was a Cayuse, who
had two wives, one a Nez Perce", the mother of Joseph, and the other a Cay-
use, the mother of Five Crows; that Joseph was born on Snake River, near
the mouth of the Grand Rond where his father lived, and that after the
Lapwai mission was abandoned he went back to the mouth of the Grand
Rond, where he died in 1871. These facts are gathered from a letter of
Indian Agent Jno. B. Monteith to H. Clay Wood, and is contained in a
pamphlet published by the latter, called The Status of Young Joseph and his
Band of Nez Perce Indians under the Treaties, etc., written to settle the
RETIRING ABORIGINALS. 365
of the Nez Perces, showed his opposition by not com
ing to the council until the 8th, and behaving rudely
when he did come.41 Up to almost the last day,
Palmer, who had endeavored to obtain the consent of
the Indians to one common reservation, finding them
determined in their refusal, finally offered to reserve
lands separately in their own country for those who
objected to going upon the Nez Perce reservation,
and on this proposition, harmony was apparently re
stored, all the chiefs except Kamiakin agreeing to it.
The haughty Yakima would consent to nothing; but
when appealed to by Stevens to make known his
question of Joseph's right to the Wallowa Valley in Oregon, his claim to
which brought on the war of 1877 with that band of Nez Percys. Wood's
pamphlet, which was written by the order of department commander Gen.
O. 0. Howard, furnishes much valuable information upon this rather obscure
subject. Wood concludes from all the evidence that Joseph was chief of the
upper or Salmon River branch of the Nez Percys, and that his claim to the
Wallowa Valley as his especial home was not founded in facts as they existed
at the time of the treaty of 1855, but that it was 'possessed in common by the
Nez Percys as a summer resort to fish.' As the reservation took in both sides
of the Snake River as far up as fifteen miles below the mouth of Powder
River, and all the Salmon River country to the Bitter Root Mountains, and
beyond the Clearwater as far as the southern branch of the Palouse, the west
ern line beginning a little below the mouth of Alpowa Creek, it included all
the lands ever claimed by the Nez Perces since the ratification of the treaty,
much of which was little known to white men in 1855, and just which portion
of it was reserved by Joseph is a matter of doubt, though Superintendent
Palmer spoke of Joseph's band as 'the Salmon River band of the Nez Perces.
Wood's Young Joseph and the Treaties, 35.
Joseph had perhaps other reasons for objecting to Lawyer's advice. He
claimed to be descended from a long line of chiefs, and to be superior in rank
to Lawyer. The missionaries, because Joseph was a war chief, and because
Lawyer exhibited greater aptitude in learning the arts of peace, endeavored
to build up Lawyer's influence. When White tried his hand at managing
Indians, he appointed over the Nez Percys a head chief, a practice which had
been discontinued by the advice of the Hudson's Bay Company. On the
death of Ellis, the head chief, whose superior acquirements had greatly
strengthened his influence with the Nez Percys, it was Lawyer who aspired
to the high chieftainship, on the ground of these same acquirements, and
who had gained so much influence as to be named head chief when the com
missioners interrogated the Nez Perec's as to whom they should treat with tor
the nation. This was good ground for jealousy and discord, and a weighty
reason why Joseph should not readily consent to the advice of Lawyer, even
if there were no other.
41 Cram says that Lawyer and Looking Glass had arranged it between
them to cajole the commissioners; that the sudden appearance and opposition
of the latter were planned to give effect to Lawyer's apparent fidelity ; and at
the same time by throwing obstacles in the way, to ' prevent a clutch upon
their lands from being realized. In these respects events have shown that
Lawyer was the ablest diplomatist at the council; for the friendship of his
tribes has remained, and no hold upon their lands has yet mured to the
whites.' Top. Mem., 84.
366 GOVERNMENT AND GENERAL DEVELOPMENT.
wishes, only aroused from his sullen silence to ejacu
late, "What have I to say?" This was the mood of
the Indians on Saturday, the 9th; but on Monday, the
1 1th, every chief signed the treaties, including Kamia-
kin, who said it was for the sake of his people that he
consented. Having done this, they all expressed sat
isfaction, even joy and thankfulness, at this termina
tion of the conference.42
The Nez Perces agreed to take for their lands
outside the reservation, which was ample, $200,000
in annuities, and were to be supplied besides with
mills, schools, millers, teachers, mechanics, and every
reasonable aid to their so-called improvement. The
Cayuses, Walla Wallas, and Umatillas were united
on one reservation in the beautiful Umatilla country,
where claims were already beginning to be taken up.43
They were to receive the same benefits as the Nez
Perces, and $150,000 in annuities, running through
twenty years. The Yakimas agreed to take $200,000,
and were granted two schools, three teachers, a num
ber of mechanics, a farmer, a physician, millers, and
mills.44 By an express provision of the treaties, the
country embraced in the cessions, and not included in
the reservation, was open to settlement, except that
the Indians were to remain in possession of their im
provements until removed to the reservations, when
they were to be paid for them whatever they were
worth. When the treaties were published, particular
attention was called to these provisions protecting the
Indians in the enjoyment of their homes so long as
they were not removed by authority to the reserves.
42 Kip's Army Life, 92; Stevens, in U. 8. Sen. Ex. Doc. 66, 24, 34th cong.
1st sess.
43 One Whitney was living about a mile from the crossing of the Umatilla
River with William McKay, on a claim he was cultivating, belonging to the
latter. Kip's Indian Council, 29. This William McKay was grandson of Al
exander McKay of Astor's company. He resided in eastern Oregon almost
continually since taking this claim on the Umatilla.
"Palmer's Wagon Trains, MS., 51; Or. Statesman, June 30 and July 21,
1855; Puget Sound Herald, May 6, 1859; Wood's Young Joseph and the Trea
ties, 10-12; Pendleton Tribune, March 11, 1874; S. F. Alta, July 16, 1855;
-Sac. Union, July 10, 1855.
GOOD BARGAINS. 367
And attention was also called to the fact that the Ind
ians were not required to move upon their reserves
before the expiration of one year after the ratification
of the treaties by congress; the intention being to
give time for them to accustom themselves to the idea
of the change of location.
As soon as these apparently amicable stipulations
were concluded, the goods brought as presents dis
tributed, and agents appointed for the different reser
vations/5 the troops returned to The Dalles. That
night the Indians held a great scalp-dance, in which
150 of the women took part. The following day they
broke up their encampments and returned to their sev
eral habitations, the commissioners believing that the
feelings of hostility with which several of the chiefs had
come to the council had been assuaged. On the 16th
Stevens proceeded north-eastward, toward the Black-
foot country, being directed by the government to make
treaties with this warlike people and several other
tribes in that quarter.
Palmer in the mean time returned toward The
Dalles, treating with the John Day, Des Chutes, and
Wascopan Indians, and purchasing all the lands lying
between the summit of the Cascade Range and the
waters of Powder River, and between the 44th paral
lel and the Columbia River, on terms similar to those
of the treaties made at Walla Walla. A reservation
was set apart for these tribes at the base of the Cas
cades, directly east of Mount Jefferson, in a well
watered and delightful location,46 including the Tyghe
Valley and some warm springs from which the reserve
has been named.
Having accomplished these important objects, the
superintendent returned home well pleased with the
results of his labor, and believing that he had secured
the peace of the country in that portion of Oregon.
45 R. R. Thompson was appointed to the Umatilla reservation, and W. H.
Tappan for the Nez Perec's.
40 Lid. Aff. Kept, 1857, 370; Letter of Palmer, in Or. Statesman, July 21,
1855; Puyet Sound Herald, May 6, 1859.
368 GOVERNMENT AND GENERAL DEVELOPMENT.
The Nez Perces afterward declared that during the
council a scheme had been on foot, originating with
the Cayuses, to massacre all the white persons present,
including the troops, the plan only failing through the
refusal of Lawyer's party to join in it, which statement
may be taken for what it is worth. On the other hand,
it has been asserted that the treaties were forced;47
that they were rashly undertaken, and the Indians not
listened to ; that by calling a general council an oppor
tunity was furnished for plotting; that there were too
few troops and too little parade.*8 However this may
be, war followed, the history of which belongs both to
Oregon and Washington. But since the Indians in
volved in it were chiefly those attached to the soil and
superintendency of the latter, I shall present the nar
rative in my volume on Washington.
47 Wood's Young Joseph and the Treaties.
48 Tolmie's Hist. Puget Sound, MS., 37; Roberts' Recollections* MS., 95.
CHAPTER XV.
FURTHER INDIAN WARS.
1855-1856.
INDIAN AFFAIRS IN SOUTHERN OREGON — THE ROGUE RIVER PEOPLE — EX
TERMINATION ADVOCATED — MILITIA COMPANIES — SURPRISES AND SKIR
MISHES—RESERVATION AND FRIENDLY INDIANS PROTECTED BY THE U.
S. GOVERNMENT AGAINST MINERS AND SETTLERS — MORE FIGHTING —
VOLUNTEERS AND REGULARS — BATTLE OF GRAVE CREEK — FORMATION
OF THE NORTHERN AND SOUTHERN BATTALIONS — AFFAIR AT THB
MEADOWS — RANGING BY THE VOLUNTEERS — THE BEN WRIGHT MAS
SACRE.
BEFORE midsummer, 1855, war was again brewing
in southern Oregon, the Applegate Creek and Illi
nois Valley branches of the Rogue River nation be
ing the immediate cause. On one pretence or an
other, the former spent much of their time off the
reservation, and in June made a descent on a mining
camp, killing several men and capturing considerable
property; while the murder of a white man on Ind
ian Creek was charged to the latter, of whom a party
of volunteers went in pursuit.
On the 17th of June a company styling themselves
the Independent Rangers, H. B. Hayes, captain,
organized at Wait's mills in Jackson county, report
ing to Colonel Ross for his recognition,1 this being
1 The original copy of the application is contained in the first volume of
DowelVs Oregon Indian Wars, MS., 1-3. This is a valuable compilation of
original documents and letters pertaining to the wars of 1855-6 in southern
Oregon, and furnishes conclusive proof of the invidious course of the Salem
clique toward that portion of the territory. Dowell has taken much pains
to secure and preserve these fragments of history, and in doing so has vindi
cated his section, from which otherwise the blame of certain alleged illegal
acts might never have been removed. Then there are his Indian Wars;
HIST. OB., VOL. II. 24 ( 369 J
370 FURTHER INDIAN WARS.
the first movement toward the reorganization of mil
itary companies since the treaties of September 1853. a
Knowledge of these things coming to Ambrose, in
charge of the reservation Indians, Smith of Fort
Lane started off with a company of dragoons, and
collecting most of the strolling Indians, hurried them
upon the reservation. Those not brought in were
pursued into the mountains by the volunteers, and
one killed. The band then turned upon their pursu
ers, and wounding several horses, killed one man
named Philpot. Skirmishing was continued for a
week with further fatal results on both sides.3
A party of California volunteers under William
Martin, in pursuit of hostile Indians, traced certain of
them to the Rogue River reservation, and made a de
mand for their surrender, to which Commander Smith,
of Fort Lane, very properly refused compliance. Let
the proper authorities ask the surrender of Indians
on a criminal charge, and they should be forthcom
ing, but they could not be delivered to a mere volun
tary assemblage of men. Afterward a requisition was
made from Siskiyou county, and in November two
Scrap-Book; Letters; Biographies, and various pamphlets which contain al
most a complete journal of the events to which this chapter is devoted.
Benjamin Franklin Dowell emigrated from New Franklin, Mo., in 1850,
taking the California road, but arriving in the Willamette Valley in Nov.
He had studied law, but now taught a school in Polk county in the summer
of 1851, and afterward in the Waldo hills. It was slow work for an ambi
tious man; so borrowing some money and buying a pack-train, he began
trrding to the mines in southern Oregon and northern California, following
it successfully for four years. He purchased flour of J. W. Nesmith at his
mills in Polk county at 10 cents per lb., and sold it in the mines at $1 and
$1.25. He bought butter at 50 cents per lb., and sold it at $1.50; salt at 15
cents per lb., and sold it at $2 and $3 per lb., and other articles in propor
tion. When Scottsburg became the base of supplies, instead of the Willa
mette Valley, he traded between that place and the mines. When war broke
out, Dowell was 'the first in and the last out' of the fight. After that he
settled in Jacksonville, and engaged in the practice of law and newspaper
management.
2 Or. Argus, June 16, 1855; Sac. Union, June 12, 1855; S. F. Chronicle,
June 15, 1855; 8. F. Alta, June 18, 1855.
3 A bottle of whiskey sold by a white man to an Indian on the 26th of
July caused the deaths, besides several Indians, of John Pollock, William
Hennessey, Peter Heinrich, Thomas Gray, John L. Fickas, Edward Parrish,
F. D. Mattice, T. D. Mattice, Raymond, and Pedro. DowvlV* Or. Ind. Wars,
MS., 39; Or. Argus, Aug. 1855, 18; S. F. Alta, Aug. 13 and 31, 1855.
ROGUE RIVER TROUBLES. 371
Indians were arrested for murder on the reservation,
and delivered up.4
On the 26th of August, a Rogue River Indian shot
and wounded James Buford, at the mouth of Rogue
River in the Port Orford district, then in charge of
Ben Wright, who arrested the savage and delivered
him to the sheriff of Coos county. Having no place
in which to secure his prisoner, the sheriff delivered
him to a squad of soldiers to be taken to Port Orford ;
but while the canoe in which the Indian was seated
with his guard was passing up the river to a place of
encampment, it was followed by Buford, his partner,
Hawkins, and O'Brien, a trader, who fired at and
killed the prisoner and another Indian. The fire was
returned by the soldiers, who killed two of the men,
and mortally wounded the third.5
The excitement over this affair was very great.
Threats by the miners of giving battle to the troops
were loud and vindictive, but the more conservative
prevailed, and no attack was made. The savages
were aroused, and matters grew daily worse.6
Agent Ambrose wrote several letters which ap
peared in the Statesman, over the signature of 'A
Miner/ in one of which, dated October 13th, he de
clared that no fears were to be entertained of an out
break of the Rogue River Indians, affirming that
they were peaceably disposed, and had been so
* These particulars are found in a letter written by William Martin to C.
S. Drew, and is contained in Dowell's collection of original documents of
the Or. Ind. Wars, MS., vol. ii., 32-9.
6 Letter of Arago, in Or. Statesman, Sept. 22, 1855; Sac. Union, Sept. 12,
1855; Coos Bay Mail, in Portland Standard, Feb. 20, 1880; Id., in 8. F. Bul
letin, Feb. 6, 1880.
6 See Nicjiols' Rogue Piver War, MS., 14-15. On the 2d of September,
Granville Keene, from Tenn., was killed on the reservation while assisting
Fred. Alberding, J. Q. Taber, and a fourth man to reclaim some stolen
horses. Two others were wounded and obliged to retreat. About the last
of the month, Calvin Fields of Iowa, and John Cuningham of Sauve" Island,
Oregon, were killed, and Harrison Oatman and Daniel Britton wounded,
while crossing the Siskiyou Mountains with loaded wagons drawn by eigh
teen oxen, which were also killed. An express being sent to Fort Lane, Cap
tain Smith ordered out a detachment of dragoons, but no arrests were made.
Of the Indians killed in the mean time no mention is made.
372 FURTHER INDIAN WARS.
throughout the summer. " God knows," he said, " I
would not care how soon they were all dead, and I
believe the country would be greatly benefited by it;
but I am tired of this senseless railing against Cap
tain Smith and the Indian agent for doing their duty,
obeying the laws, and preserving our valley from the
horrors of a war with a tribe of Indians who do not
desire it, but wish for peace, and by their conduct
have shown it."
To prevent the reservation Indians from being sus
pected and punished for the acts of others, Superin
tendent Palmer issued an order October 13th that
the Indians with whom treaties had been made, and
who had reservations set apart for them, should be
arrested if found off the reservations without a per
mit from the agent. Every male over twelve years
of age must answer daily to the roll-call. Early in
October it became known that a party of wandering
Indians were encamped near Thompson's Ferry, on
Rogue River, and that among them were some sus
pected of annoying the settlers. A volunteer com
pany of about thirty, under J. A. Lupton, proceeded
at a very early hour of the morning of October 8th to
the Indian camp at the mouth of Butte Creek, and
opened fire, killing twenty-three and wounding many.
The Indians returned it as well as they were able,
and succeeded in killing Lupton, and in wounding
eleven others.7 When daylight came it was found
by the mangled bodies that they were mostly old
men, women, and children, whom these brave men
had been butchering! The survivors took refuge at
the fort, where they exhibited their wounds and
made their lamentations to Captain Smith, who sent
his troops to look at the battle-field and count the
slain. It was a pitiful sight, and excited great in
dignation among the better class of white men.8
7 Among them Shepard, Miller, Pelton, Hereford, Gates, and Williams.
Letter of C. S. Drew, in DowcWs Or. Ind. Wars, MS., 29; Nottarts, in Or.
Statesman, Oct. 27, 1855; Nichols* Ind. Affairs, MS., 20.
* Cram's Top. Mem., 44; Letter of Palmer to General Wool, in U. S. //.
SOUTHERN OREGON ABLAZE. 373
On the morning of the 9th of October the Indians
appeared in the upper part of the Rogue River Val
ley in considerable numbers. They were first seen at
Jewett's ferry, where during the night they killed two
men in charge of a train and wounded another.
After firing upon Jewett's house, they proceeded to
Evans' ferry about daybreak, where they mortally
wounded Isaac Shelton of the Willamette Valley on
his way to Yreka. Pursuing their way down the val
ley to the house of J. K. Jones, they killed him,
wounded his wife so that she died next day, and
burned the house after pillaging it. From there they
went to Wagoner's place, killing four men upon the
way. Wagoner had a short time before left home
to escort Miss Pellet, a temperance lecturer from
Buffalo, New York,9 to Sailor Diggings, where she was
to lecture that evening. Mrs Wagoner was alone
with her child four years of age, and both were burned
in the house. They next proceeded to the house of
George W. Harris, who seeing their approach, and
judging that they meant mischief, ran into the house,
seized his gun, and fired two shots, killing one and
wounding another, when he received a fatal shot.
His wife and little daughter defended themselves with
great heroism for twenty-four hours, when they were
rescued by Major Fitzgerald. And there were many
other heroic women, whose brave deeds during these
savage wars of southern Oregon must forever remain
unrecorded.10
As soon as the news reached Jacksonville that the
Rogue River settlements were attacked, a company
of some twenty men hastened to take the trail of the
Indians down the river. An express was despatched
Ex. Doc. 93, 112, 34th cong. 1st sess.; Sober Sense, in Or. Statesman, Oct. 27,
1855; Letter of Wool, in U. S. Sen. Ex. Doc. 66, 59; 34th ccmg. 1st sess.
9 Or. Argus, Sept. 29, 1855.
10 See California Inter Pocula, this series, passim. 'It was stated that
Mrs Harris, when relieved, was so marked with powder and blood as to be
hardly recognizable. ' Or. Statesman, March 3, 1856. Mrs Harris afterward
married Aaron Chambers, who came to Oregon in 1852, was much respected,
and died in 1869. Jacksonville Or. Sentinel, Sept. 18, 1869.
374 FURTHER INDIAN WARS.
to Fort Lane, to Captain Smith, who sent a detach
ment of fifty-five mounted men, under Major Fitzger
ald, in pursuit of the savages.11
The volunteer and regular forces soon combined to
follow, and if possible to have battle with the Indians.
Passing the bodies of the slain all along their route,
they came to Wagoner's place, where thirty of the
savages were still engaged in plundering the premises.
On the appearance of the volunteers, the Indians,
yelling and dancing, invited them to fight,12 but when
the dragoons came in sight they fled precipitately to
the mountains. After pursuing for about two miles,
the troops, whose horses were jaded from a night
inarch of twenty-five miles, being unable to overtake
them, returned to the road, which they patrolled for
some hours, marching as far as Grave Creek, after
which they retired to Fort Lane, having found no Ind
ians in that direction.13 The volunteers also returned
home to effect more complete organization before un
dertaking such arduous warfare against an implacable
foe who they now were assured was before them.
There were other parts of the country which likewise
required their attention.
About the 10th of October, Lieutenant Kautz left
Port Orford with a small party of citizens and sol
diers to examine a proposed route from that place to
Jacksonville. On arriving at the big bend of Rogue
River, about thirty miles east from Port Orford, he
found a party of settlers much alarmed at a threatened
11 At that very moment an express was on its way from Vancouver to Fort
Lane, calling for Major Fitzgerald to reenforce Major Haller in the Yakima
country Or. Statesman, Oct. 20, 1855. Peupeumoxmox was threatening
the Walla Walla Valley, and the Indians on Puget Sound preparing for the
blow which they were to strike at the white settlements two weeks later, a
coincidence of events significant of combination among the Indians. DowelVs
Letters, MS., 35; Graver's Pub. Life, MS., 74; Autobiog. of H. C. Huston, in
Brown's Or. Misc., MS., 48; Dowel? s Or. Ind. War, MS., 33-9; Or. Argus,
Oct. 27; Evans' Fourth of July Address, in New Tacoma Ledger, July 9, 1880.
12 Hayes1 Ind. Scraps, v. 145; Yreka Union, Oct. 1855.
13 Three men were killed on Grave Creek, 12 miles below the road, on the
night of the 9th. J. W. Drew, in Or. Statesman, Oct. 20, 1855.
NOTABLE SAVAGES. 375
attack from Applegate Creek. Kautz returned to the
fort for a better supply of arms and ammunition, in
tending to resist the advance of the hostile party,
should he fall in with it. A few days after resuming
his march he was attacked by a portion of the band,
losino- five of his men, two soldiers and three citizens.
Thelndians were only prevented from securing a
considerable amount of ammunition by the precaution
of Kautz in unloading the pack-mules at the begin
ning of the battle. He was able to secure an orderly
retreat with the remainder of his party.14 The only
Indians in the whole country, from Yreka to the
Unipqua canon, who could be regarded other than
enemies were those under Rogue River Sam, who
since the treaty of 1853 had kept faith with the
white people; the Shastas, the natives of Scott Val
ley, and many of the people about Grave and Cow
creeks, and the Urnpquas being concerned in the war,
in which the Shastas were principals, under the lead
ership of Chief John. The Klamaths were also hos
tile.15
To meet a savage enemy, well armed and prepared
for war, knowing every mountain fastness, and having
always the advantage of chosen positions, was not
practicable with anything like equal numbers,
mating the fighting men of the enemy at no more than
400, it would require three or four times that number
to engage them, because of their ability to appear un
expectedly at several points; at the same time to dis
appear as rapidly; and to wear out the horses and men
of the white forces in following them. The armed
men that were mustered in Rogue River Valley be
tween the 9th and llth of October amounted to only
about 150, not from any want of courage, but from
want of arms.16 No attempt at permanent organiza-
Romie River War Speech, 14.
»f Ambrose to Palmer, in U. 8. H. Ex. Doc. 93, 62-65, 34th cong.
1st sess.
16 Sa
the coil..-., .
skilful in the use of them.
8 ^Sa'vs Ambrose: 'As in the war of 1853, the Indians have all the guns in
the country. Those Indians have each a good rifle and revolver, and are
376 FURTHER INDIAN WARS.
tion was made by the territorial militia before the
12th, the armed companies being governed by the
apparent necessities of the case.17
' On the 12th of October Colonel Ross began the or
ganization of a volunteer force under the laws of the
territory18 by ordering James H. Russel, major of the
9th regiment, to report to him immediately. Some of
the captains of the militia were already in the field;
other companies were headed by any one who had the
spirit of a leader. These on application of the citizens
of their neighborhoods were duly commissioned.19
17 A company under Rinearson was divided into detachments, and sent, on
the evening of the 10th, ten to the mouth of the Umpqua canon, five three
miles south to Leving's house, five to Turner's seven miles farther south, six
to the Grave Creek house. On the next day thirty men made a scout down
Grave Creek, and down Rogue River to the mouth of Galice Creek, the set
tlers placing at their disposal whatever supplies of blankets, provisions, or
arms they were able to furnish; yet twelve of Rinearson's company had no
other weapons than pistols. A. G. Henry, in Or. Statesman, Oct. 20, 1855.
The troops in southern Oregon at this time were two full companies of dra-
foons at Fort Lane under Smith and Fitzgerald, and sixty-four infantry at
Vinchester, in the Umpqua Valley, under Lieut Gibson, who had been es
corting Williamson on his survey of a railroad route from the Sacramento to
the Willamette Valley, and who now retraced his steps to Fort Lane. The
small garrison at Fort Orford was not available, and Fitzgerald's company
was during the month ordered to reenforce Major Rains at The Dalles; hence
one company of dragoons and one of infantry constituted the regular force
which could be employed in the defence of the south country during the com
ing winter.
18The original orders are to be found in DowelVs Or, Ind. Wars, MS.,
vol. i. 45, 47, 53.
19 M. C. Barkwell wrote Ambrose that at his request R. L. Williams
would raise a company for the protection of that locality. The settlers about
Althouse, on Illinois River, petitioned to have Theoron Crook empowered to
raise a company to range the mountains thereabout; signed by Hiram Rice,
J. J. Rote, Frederick Rhoda, Lucius D. Hart, S. Matthews, Charles F. Wil
son, Elias Winkleback, S. P. Duggan, John Morrow, Allen Knapp, W. H.
B. Douglas, Wm Lane, J. T. Maun, Geo. H. Grayson, R. T. Brickley, J. H.
Huston, L. CofFey, H. Kaston, John Murphy, B. B. Brockway, A. L. Scott,
Geo. W. Comegys, James C. Castlcman, D. D. Drake, John R. Hale, E. R.
Crane, Alden Whitney, Joshua Harlan, S. H. Harper, M. P. Howard, R. S.
A. Col well, George Lake, Thomas Lake, George Koblence, Jacob Randbush,
Peter Colean, U. S. Barr, William Lance, Robert Rose, N. D. Palmer, James
Hole, E. D. Cohen, Sigmund Heilner, Wm Chapman, John E. Post, John W.
Merideth, A. More, ThosFord, and Gilharts. DoiveWs Or. Ind. Wars, MS.,
vol. i. 33-5.
The white men of Phoenix mills, Illinois Valley, of Deer Creek, and Galice
Creek also petitioned for permission to raise companies for defence, and the
outlying settlements prayed for armed guards to be sent them. The petition
from Phoenix mills was signed by S. M. Waite, S. Colver, Joseph Tracy,
Jarius F. Kennedy, M. M. Williams, and J. T. Gray; that from liiinois Val
ley and Deer Creek by John D. Post, William Chapman, G. E. Briggs, J. N.
GENERAL UPRISING. 377
Where the people in remote or isolated situations
asked for armed guards, a few men were despatched
to those localities as soon as they could be armed.20
Two youne women, Miss Hudson and Miss Wilson,
having been murdered21 while travelling on the Cres
cent City road, October 10th, A. S. Welton was as
signed the duty of keeping open a portion of that
highway, over which was carried most of the goods
which entered the Illinois and Rogue River valleys
at this time; guards being also afforded to pack-trains
on the various routes to prevent their capture by the
Indians. Considering the obstacles to be overcome,
and the nature of the service, the organization of the
9th regiment was remarkably expeditious and com
plete, and its operations were well conducted.
The first engagement between the volunteers and
Indians was on Rogue River, where W. B. Lewis of
company E was encamped on Skull bar, a short dis
tance below the mouth of Galice Creek. Scouts re
ported the enemy near, and evidently preparing an
attack. In camp were all the miners from the dig
gings in the vicinity, including nine Chinamen, who
had been robbed and driven from their claims, and
several Indian women and boys who had been cap
tured.
The bar is on the south side of the river, with a
high mountain in the background, covered with a
dense growth of hazel and young firs. Around the
camp for some distance the thickets were cut away,
so as to afford no harbor for lurking savages, and a
Knight, A. J. Henderson, William B. Hay, L. Reeves, Joseph Kirby, R. T.
Olds* Samuel White, William E. Randolph, Frederick Rhoda L D Hart,
Alexander McBride, C. C. Luther, S. Scott, O. E. Riley, J T L. MiUs, and
Coltiuell On the 26th a company was organized in Illinois Valley. Orrin I.
Root was chosen captain, and sent to Jacksonville for his commission. In
this way most of the companies were formed.
520 On cue 5th of Nov. Ross ordered Gardner with 10 men to protect
Thompson's place on Applegate Creek. F. R. Hill was ordered to raise a
company for Grave Creek, etc.
*Evwut Protection to Immigrants, 59. This is a compilation of docu
ments on the subject of the protection afforded by Walker's company m
1854, with statistics of Indian outrages. The same matter is in U. A. ben.
Ex. Doc. 40, 35th cong. 2d sess.
378 FURTHER INDIAN WARS.
breast-work of logs thrown up on the side most ex
posed to attack.
On the 17th of October the bushes were found to
be alive with savages. J. W. Pickett made a charge
with six men, who were so warmly received that they
were glad to retreat, Pickett being killed. Lieuten
ant Moore then took a position under a bank, on the
side attack was expected, which he held four hours,
exposed to a heavy fire; he and nearly half of his
men were wounded, when they were compelled to re
treat. One of the men, being mortally shot, fell be
fore reaching the shelter of the camp, and a comrade,
Allan Evans, in the effort to bring him in, was severely
wounded. Captain Lewis was three times struck.
The Indians, discovering that the weak point of
the volunteer force was on the left, made a bold
attack, in which they lost one of their most noted
Shasta warriors. Finding they could not dislodge
the volunteers with balls, they shot lighted arrows
into their camp. All day the firing was kept up,
and during the battle every house in the mining town
of Galice Creek was burned except the one occu
pied as the company's headquarters. By night one
third of the company of thirty-five were killed and
wounded.22 Thereupon the enemy retired, their loss
not ascertained.
"I am proud to say," wrote Lewis to his colonel,
"that we fought the hardest battle ever fought this
side of the Rocky Mountains. More than 2,500
shots from the enemy, but every man stood his
ground, and fought the battle of a lover of his coun-
try."
On the day of the battle Ross wrote Smith, at
Fort Lane, that Chief John of Scott Valley had
gone up Applegate Creek with eighty warriors; and
that Williams was in that vicinity with a limited
"Killed, J. W. Pickett, Samuel Saunders; mortally wounded, Benjamin
Taft, Israel D. Adams; severely wounded, Lieut Wm A. J. Moore, Allan
Evans, Milton Blackledge, Joseph Umpqua, John Erioson, and Captain W.
B. Lewis. Report of Capt Lewis, in Dowdfs Or. Ind. War., MS., ii. 18.
STRUGGLES AGAINST DESTINY. 379
force-23 also that J. B. Wagoner24 and John Hilltnan
had on the 19th been despatched to Gahce Creek.
It was all of no use. Let them kill and steal and
burn never so bravely, the fate of the savages was
fixed beforehand; and that not by volunteers white
or black, but by almighty providence, ages betore
their appearing, just as we of the present dominant
race must fade before a stronger, whenever such a
one is sent. .
The red men continued their ravages, and the white
men theirs, sending their bands of volunteers and reg
ulars hither and thither all over the country in con
stantly increasing numbers; and to the credit ot gov
ernment officers arid agents, be it said that while the
miners and settlers were seeking the shortest road to
end the difficulties, they interposed their strength arid
influence to protect innocent red men while defending
the white. f
Meantime, those who had in charge the duti
providing subsistence and transportation for the vol
unteers were not without serious cares. Assistant
quartermasters and commissaries were appointed m
different sections, but owing to their inexperience
or inability, the service was very unsatisfactory.
Fifteen companies25 were in the field by the 20th
of October, but the Indians kept them all employed.
-xpress rider from Oct. 13th, five days
. ,
after the murder of his wife and child, as long as first volunteer service
Lsled-a service full of danger and hardship. See instructions in Dowells
Or. Ind. Wars, MS., i. 63. Q . „ T
"Report of Capt. Rinearson, in DowdVsOr. Ind. War MS., £ 77. I can
name 12 of them. Co. A, T. S. Hams capt.; ^\J|g»RBSV^
Co C, J. S. Rinearson capt., lieuts W. P. Wing, I. N. Bently R. W. Henry,
Co D R. L. Williams capt., E. B. Stone 1st lieut, sergeant E. K. ^Elliott;
Co E W B. Lewis, capt., lieuts W. A. J. Moore White; sergt I D.
\dams; Co. F, A. S. Welton capt.; Co. G, Miles TAlcorn capt heut J.
M Osborne; Co. H, W. A. Wilkinson capt.; Co. £ T_ Smith capt. ; Co. K
S A Frye capt.; Co. L, Abel George capt.; Co M, F. R. Hill capt. 1 fie
nantsofV JP Gardner, Orrin Root, M. M. Williams, Hayes and M P.
Howard appear in the official correspondence as captains; ^^/"f^fe
Morrison, and H. P. Conroy as lieutenants; and W. M. Evans as ordeiiy
sergeant C. S. Drew was appointed adjutant; C. Westfeldt quartermaster
and commissary; and C. B. Brooks surgeon.
380
FURTHER INDIAN WARS.
Not a pack-train could move from point to point with
out a guard; not a settlement but was threatened.
The stock of the farmers was being slaughtered
nightly in some part of the valley; private dwellings
were fortified, and no one could pass along the roads
except at the peril of life. I might fill a volume
with the movements of the white men during this
war; the red men left no record of theirs.
ROGUE RIVER AND UMPQUA VALLEYS.
While both regulars and volunteers were exploring
the country in every direction, the Indians, familiar
with trails unknown to the white men, easily evaded
them, and passed from point to point without danger.
At the very time when Judah of the regulars, and
FITZGERALD AT GRAVE CREEK.
Bruce and Harris of the volunteers, had returned
exhausted from a long and fruitless pursuit, and when
Ross expressed the opinion that the main body of the
enemy was still in the vicinity of The Meadows,
and below Galice Creek on Rogue River, the Indians
suddenly appeared October 23d in the Cow Creek val
ley, and began their depredations. Their first act of
hostility in this quarter was to fire upon a party of
wagoners and hog-drovers at the crossing of Cow
Creek, instantly killing H. Bailey of Lane county,
and wounding Z. Bailey and three others. The re
maining men retreated as rapidly as possible, pursued
by the savages, who followed and harassed them for
two or three hours. The same day they attacked
the settlements on Cow Creek, burning the houses of
Turner, Bray, Redfield, Fortune, and others.
On the 28th of October Fitzgerald being in the
vicinity of Grave Creek discovered Indians encamped
a few miles south of Cow Creek in the Grave Creek
hills,26 and determined to attack them. Ross, on re
ceiving a despatch from Fitzgerald, set out on the 29th
for the rendezvous, having sent to captains Harris,
Welton, George, Williams, and Lewis. Bruce and Ri-
nearson, who had but just come in, were directed to
join the combined forces at Grave Creek, where were
concentrated on the 30th about 250 volunteers27 and
105 regulars, only a portion of Fitzgerald's troop being
available on account of the illness of its commander.
Two companies of a battalion called out by Governor
Curry were lying at a place about a day's march south
of Umpqua canon, under the command of captains Jo
seph Bailey and Samuel Gordon.
When Ross reached the rendezvous late at night,
he found the captain of the 1st dragoons awaiting
him, impatient for an attack.28 Spies from his own
26 This band had attacked Kautz and his surveying party a few days pre
vious, killing two soldiers and three settlers.
« Letter of L. C. Hawley in Or. Statesman, Nov. 24, 1855. Another gives
the number at 387. DoweWs Or. Ind. Wars.
28 Letter of John E. Ross to C. S. Drew in DowelVs Or. Ind. Wars, MS.,
i. 93.
382 FURTHER INDIAN WARS.
and Captain Bruce's company had reconnoitred the
enemy's position, which was found to be on a hill, well
fortified, and extremely difficult of approach. A map
of the country was prepared, and a forced march de
termined upon. Orders were issued to be ready to
march at eleven o'clock, though it was already half-
past ten. The plan of attack was to plant howitzers
upon an eminence three fourths of a mile from that on
which the Indians were encamped, and after having
divided the companies into three columns, so stationed
as to prevent the escape of the Indians, to open upon
the enemy with shell and grape-shot. It was hoped
by this night march, which was continued till morn
ing with occasional halts, to surprise the enemy, but
some one having set fire to a tree, that idea was
abandoned. On arriving at the edge of a ravine in
front of their position, instead of planting the howitzers
and shelling the Indians as was intended, a charge
O ' O
was made, in which Rinearson arid Welton led with
their companies, augmented by portions of several
others, and a part of the regulars rushing in disorder
down into the ravine, through the thick bushes, and
up the ascent on the other side, volunteers and regu
lars all eager for the first shot. The Indians occupied
a mountain, bald on the side by which the troops
were approaching, and covered with heavy forest on
the opposite or north side. Ross had directed Bailey
and Gordon to flank on the north, that when the men
in front should drive the Indians to this cover, they
might be met by them and engaged until the main
force could come up. The attempt was made, but they
found it impossible to pierce the tangled undergrowth
which covered the steep acclivity, with the Indians
fortified above them,29 and after having had several
men wounded, returned to the point of attack. Bruce
and Harris lay concealed a few hundred yards to the
south of the attacking party, to be in readiness to in-
29 Lieut Withers says the Indians had cut down trees to form an obstruc
tion to any attack on that side. U. S. Sen. Ex. Doc., 26, 34th cong. 1st sess.
BATTLE AND RETREAT. 38?
tercept the enemy in that quarter; but finding that
no enemy came their way, they too joined the army
in front. In the mean time the Indians had retreated,
as was anticipated, to the cover of the woods, and
could not be approached without great peril from the
open ground. The day wore on with vain endeavors
to get at them; and at 3 P. M. Smith made a charge
with a small force of dragoons, who after firing sev
eral rounds with musketoons, utterly useless^ against
the rifles of the Indians, and having several killed and
wounded, fell back to their first position.
When darkness ended the firing, the troops were
encamped a short distance from the battle-ground, at
a place called by them Bloody Spring, where the
wounded were cared for. At sunrise next morning
the camp was attacked from all sides, the Indians
engaging the troops until about the middle of the
forenoon, when being repulsed they withdrew, and
the troops took up their march for Grave Creek and
Fort Bailey, carrying their wounded on litters. ^ As
to the results of the battle, the white men had little
cause for congratulation. The volunteers had twenty-
six killed, wounded, and missing; and the regulars
four killed, and seven wounded, including Lieutenant
Gibson, who was hit in the attack on the camp on
the morning of the 1st of November.30 The number
of Indians killed was variously estimated at from
eight to twenty. The number of Indians engaged
in the battle was also conjectured to be from 100 to
30Capt. Rinearson's co., killed, Henry Pearl, Jacob W. Miller; missing
and believed to be killed, James Pearsy; wounded, Enoch Miller, W. H.
Crouch, and Ephraim Yager. Capt. Gordon's co. , wounded, Hawkins Shelton,
James M. Fordyce, William Wilson. Capt. Bailey's co., killed, John Gilles-
pie; wounded, John Walden, John C. Richardson, James Laphar, Thomas J.
Aubrey, John Pankey. Capt. Harris' co., wounded, Jonathan A. Petigrew,
mortally, Ira Mayfield, L. F. Allen, William Purnell, William Haus, John
Goldsby, Thomas Gill. Capt. Bruce's co., wounded mortally, Charles
Godwin. Capt. Welton's co., wounded mortally, John Kennedy. Capt.
William's co., killed, John Winters; wounded, John Stanner, Thomas
Ryan. Of the regular troops three were killed in action on the field, and
one by accidentally shooting himself; among the seven wounded was Lieut
Gibson Report of A. G. Henry in DoweWs Gr. Ind. JFar*,MS., i., 169-71;
Or. Statesman, Nov. 17, 1855; Ashland Tidings, Nov. 2, 1877.
384 FURTHER INDIAN WARS.
300. Such was the unfortunate termination of a
combined effort on the part of the regular and volun
teer troops to check the war in its incipiency, and
signified that time, money, and blood must be spent
in bringing it to a close. "God only knows," writes
a correspondent of the Statesman, "when or where
this war may end . . . These mountains are worse than
the swamps of Florida."
Immediately upon information reaching the Ump-
qua of the onslaught of the 9th of October, 1855, at
Rogue River, a petition was forwarded to Governor
Curry, asking for five hundred volunteers for defence.
The messenger, S. B. Hadley, giving notice en route,
among other places at Eugene City, a request was
sent the governor to permit Lane county to organize
a company for the war. The effect of such petitions,
and of the letters received from Rogue River, was to
cause a proclamation by the governor, October 15th,
calling for five companies of mounted volunteers to
constitute a Northern battalion, and four companies
of mounted volunteers to constitute a Southern bat
talion, to remain in force until discharged; each com
pany to consist of sixty men, with the usual comple
ment of officers, making a total of seventy-one, rank
and file; each volunteer to furnish his own horse,
arms, and equipments, and each company to elect its
own officers, and thereafter to proceed without delay
to the seat of war.
The proclamation declared that Jackson county
would be expected to furnish the number of men
required for the southern battalion, who would rendez
vous at Jacksonville, elect a major to command, and
report to headquarters. The northern battalion was
to consist of two companies from Lane, and one each
from Linn, Douglas, and Umpqua counties, to rendez
vous at Roseburg. At the same time an order was
issued from the office of E. M. Barnum, adjutant-
general, leaving the movements of the two battalions
to the discretion of their respective commanders, but
A DEMOCRATIC WAR. 385
directing that all Indians should be treated as enemies
who did not show unmistakable signs of friendship.
No other instruction was given but to advise a con
cert of action with the United States forces which
might be engaged in that section of the territory.31
Meanwhile, communications from democrats at
Rogue River had reached the capital, and imme
diately the war became a party measure. ^ ^ It was
ascertained that Ross in calling out the militia had
made several whig appointments contrary to the will
of the ruling party, which had attacked the governor
for appointing whig surgeons in the northern bat
talion; so paramount were politics in ministering to
the wants of wounded menl The governor, unfor
tunately for his otherwise stainless record, was un
able to stem the tide, and allowed himself to become
an instrument in the hands of a clique who de
manded a course of action disgraceful to all concerned.
Five days after issuing the proclamation, the gov
ernor ordered disbanded all companies not duly en
rolled by virtue of said proclamation, information
having been received that armed parties had taken
the field with the avowed purpose of waging a war
of extermination against the Indians without re
spect to age or sex, and had slaughtered a band of
friendly natives upon their reservation, despite the
authority of the agent and the commanding officer
of the United States troops stationed there.32 The
immediate effect of the proclamation was to suspend
volunteering in Douglas county, to which Ross had
written to have another company raised,33 and to
throw discredit on those already in the field.
31 See proclamation and general order, in Or. Statesman, Oct. 20, 1855; Or.
Arqus, Oct. 20, 1855. .
'32Grover in the legislature of 1856-7 found it necessary to explain the
course of Governor Curry by saying that 'news was brought to him of the
slaughter of Indians by a rabble from the neighborhood of Yreka; which in
formation proved incorrect, some of the best citizens being engaged in the
affair out of self-defence.' Or. Statesman, Jan. 27, 1857. This explanation
referred to Lupton's attack on the Indians. Cram's Top. Mem., 44; Dowells
Or. Ind. Wars, MS., i. 117. . .
83 See Letter of Capt. F. R. Hill, in Dowett's Or. Ind. Wars, 177-8, voL 1.
HIST. Oa., VOL. II. 25
386 FURTHER INDIAN WARS.
The first companies enrolled under the governor's
proclamation were the two called for from Lane
county,34 one of which, under Captain Bailey, was
present at the action of October 31st and Novem
ber 1st, as already stated. The next companies to
respond to the governor's call were those from Linn,
Douglas, and Umpqua counties.35 These constituted
the northern battalion. The companies contained
from 87 to 111 men each, and were quickly organized,
William J. Martin being chosen major.
On the 7th of November Colonel Ross ordered the
assembling of the 9th regiment at Fort Vannoy, in
order that all who desired should be mustered into
the territorial service as members of the southern
battalion. On the 10th captains James Bruce, R L.
Williams, William A. Wilkinson, and Miles F. Alcorn
offered and were accepted, in the order named, and
an election for major resulted in the choice of Bruce.36
Complaint reaching the governor that by disbanding
MS., where he says: 'I was just on the eve of getting a company to make
a start, when the word was out that it was not legal, and the governor's
proclamation did not call for but one company from Douglas and one from
Umpqua.'
34 Co. A, North Battalion 0. M. Vols, Lane county, enrolled Oct. 23d:
capt., Joseph Bailey; Istlieut., Daniel VV. Keith; 2d lieut, Cyrenus Mulkey,
resigned Dec. 30th; Charles VV. McClure elected in his place. Co. B, Lane
county, enrolled Oct. 23d: capt., Laban Buoy; 1st lieut, A. W. Patterson,
resigned and transferred to medical department, L. Poindexter being elected
in his place; 2d lieut, P. C. Noland. Or, Jour. House, 1855-6, ap. 145.
35 Co. C, Linn county, enrolled Oct. 24th: capt., Jonathan Keeney; 1st
lieut, A. W. Stannard; 2d lieut, Joseph Yates. Co. D, Douglas county,
enrolled Oct. 25th: capt., Samuel Gordon; 1st lieut, S. B. Hadley; 2d lieut,
T. Prater. Co. E, Umpqua county, enrolled Nov. 8th: capt., W. W. Chap
man; 1st lieut, Z. Dimmick; 2d lieut, J. M. Merrick. Or. Jour. Council,
1855-6, ap. 146.
36 Co. A: capt., James Bruce; 1st lieut, E. A. Rice, who was elected
capt. after the promotion of Bruce; 2d lieut, John S. Miller; 2d lieut, J. F.
Anderson. Co. B: capt., R. L. Williams; 1st lieut, Hugh O'Neal; 2d lieut,
M. Bushey. Co. C: capt., Wm A. Wilkinson; 1st lieut, C. F. Blake; 2d
lieut, Edwin Hess. Co. D: capt., Miles F. Alcorn; 1st lieut, James M.
Matney; 2d lieut, John Osborn. Or. Jour. House, 1855-6, ap. 146-7. The
militia organization as it now stood comprised the following officers: A. P.
Dennison and Benj. Stark, aids de camp to the gov. ; John F. Miller, quarter
master gen.; A. Zeiber and S. S. Slater, asst quartermaster general; M. M.
McCarver, commissary gen.; B. F. Goodwin and J. S. Ruckle, asst com.
gen.; Wm J. Martin, maj. north bat.; J. W. Drew and R. E. Stratton, adj.
north bat.; Wm G. Hill and I. N. Smith, aids to major north bat.; James
Bruce, maj. of south bat.; 0. D. Hoxie, adj. south bat.; J. K. Lamerick,
mustering officer for southern Oregon. Or. Jour. House, 1855-6, ap. 143-7.
MILITARY ORGANIZATION. 387
the 9th regiment several sections were without defence,
Curry, with Adjutant General Barnum, answered in
person, arriving on the field about the last of Novem
ber. The only change made, however, by the gov
ernor's visit was the consolidation of the northern and
southern battalions into one regiment, to be called
the 2d Regiment of Oregon Mounted Volunteers.
This change necessitated an election for regimental
officers, and R. L. Williams was chosen colonel, while
Martin was obliged to content himself as second in
command.
Immediately after the battle of Grave Creek hills,
Major Fitzgerald proceeded to Fort Vancouver and
thence to The Dalles, and his troops remained in gar
rison during the winter. This reduced the regular
force on Rogue River to Smith's command. An
agreement was entered into between the regular and
volunteer commanders to meet at the Grave Creek
house about the 9th of November, prepared to pur
sue and attack the Indians. In the mean time a scout
ing party of Bailey's company was to find the Indians,
who had disappeared, according to custom, from their
last battle-ground.37
On the 17th of November Bruce, learning that a
number of houses on Jump Off Joe Creek had been
burned, sent a request to Martin to join him there.
Communications were also sent to the commanders
at Fort Lane and Fort Jones, and Judah with a
small force joined in pursuit of the savages. Shortly
after, Williams fell in with a small band at the mouth
of Jump Off Joe Creek and killed eight.38
87 'Just before they took their departure they went on the reserve, burned
all the boards and shingles there, and every article of value belonging to
chief Sam's people; a temporary house I had erected for the accommodation
of persons laboring on the reserve, shared the same fate; they also killed or
drove away seven of the cattle belonging to the agency.' Agent Ambrose to
Supt. Palmer, Nov. 30, 1855, in U. 8. H. Ex. Doc., 93, p. 119, 34th cong.
8 380r. Statesman, Dec. 1, 1855; Rept of Major Martin, Dec. 10, 1855, in Or.
Jour. House, 1855-6, ap. 122.
388 FURTHER INDIAN WARS.
The 21st saw the white men in full force en route
down Rogue River, some on one side and some on the
other. After four days, and encountering many dif
ficulties, they came upon the enemy at The Meadows
and found them well fortified. While preparing to
attack, on the 26th, the Indians opened fire from a
dense covert of timber bordering the river, which
caused them to fall back. Being short of food and
clothing for a winter campaign, they determined for
the present to abandon the enterprise.
While the southern army was returning to head
quarters, roving bands of Indians were committing
depredations in the Umpqua Valley. On the 3d of
December a small party of the Cow Creek Indians
attacked the settlements on the west side of the south
Umpqua, destroying fifteen houses and much other
property, compelling the settlers to shut themselves
up in forts. On the 24th Captain Alcorn found and
attacked a camp of Indians on the north branch of
Little Butte Creek, killing eight warriors and captur
ing some animals. About the same time Captain
Rice, hearing of another camp on the north bank of
Rogue River, probably driven out of the mountains
by the weather, which was exceedingly severe that
winter, proceeded with thirty men to attack them,
and after a battle lasting for six hours killed the most
of them and took captive the remainder.39
About the 1st of January, 1856, it was ascertained
that a party of Indians had taken possession of some
deserted cabins on Applegate Creek, and fortified them.
Major Bruce immediately ordered Captain Rice to
proceed to that place and attack them. Others joined.
About two miles from Jacksonville they were fired on
39 'These two fights have blotted out Jake's band.' Corr. Or. Statesman,
Jan. 15, 1856. General Wool, in his official report of May 30, 1856, calls
Jake ' a friendly old chief,' and says that his band comprising 30 or 40 males
was destroyed by the volunteers, with all their huts and provisions, * expos
ing the women and children to the cold of December, who in making their
•way to Fort Lane for protection, arrived there with their limbs frozen.'
See Cram's Top. Mem., 45.
FIGHTS ON APPLEGATE CREEK. 389
and one man killed.40 On arriving at the cabins, three
of which were occupied by the Indians, late in the after
noon of the 4th, the howitzer was planted and a shell
dropped through the roof of one, killing two of the
inmates. The white men had one killed and five
wounded. There matters rested till next morning,
when the cabins were found to be empty, the Indians
of course having found means to escape. These sav
ages made good shots at 400 yards.
Toward the middle of the month Bruce's command
had a fight with one hundred natives on a branch of
Applegate Creek, the latter retreating with four killed.
And thus the winter wore away, a dozen bands each
of white men and red, roaming up and down the
country, each robbing and burning, and killing as best
they were able, and all together accomplishing no
great results, except seriously to interfere with traffic
and travel. Exasperated by a condition so ruinous,
the desire to exterminate the savages grew with the
inability to achieve it. Such was the nature of the
conflict in which, so far, there had been neither glory
nor success, either to the arms of the regular or vol
unteer service; nor any prospect of an end for years
to come, the savages being apparently omnipresent,
with the gift of invisibility. They refused to hold
any communication with the troops, who sought some
times an opportunity to reason with them.
The men composing the northern battalion having
no further interest in the war than at first to gratify
an evanescent sympathy, or a love of adventure, were
becoming impatient of so arduous and unprofitable a
service, and so demanded and received their dis
charge. General Wool was then petitioned for aid,
and he immediately despatched two companies under
Colonel Buchanan. In the mean time the legislative
assembly had elected J. K. Lamerick brigadier-gen-
Or. Ind. Wars, MS., ii. 19; Lane's Autobiography, MS., 107;
firown's Autobiography , MS., 40-1.
390 FURTHER INDIAN WARS.
eral of Oregon territory; and in conformity with a
proclamation of the executive, he issued a call for
four companies of mounted volunteers to supply the
place of the northern battalion,41 who were ordered
to report to Lieutenant-colonel Martin at Roseburg.
These companies were enrolled more rapidly than
might have been anticipated, after the tedious and
fruitless nature of the war had become known.42
Captain Buoy's company remained in the field un
der the command of its former 2d lieutenant, P. C.
Noland, now its captain. The southern companies
were recruited, and kept the field; so that after a
month of suspense, during which many of the inhab
itants who up to this time had remained at their
homesteads unwilling to abandon all their property,
left their claims and removed to the Willamette Val
ley, or shut themselves up in fortified houses to await
a turn in events. That turn it was hoped General
Lamerick, being a good democrat and an experienced
Indian-fighter, would be able to give, when spring
made it possible to pursue the Indians into the
mountains. It has been said that Williams was in
competent; but Lamerick was not guiltless of a blun
der in ordering all the new companies concentrated
in the Umpqua Valley; and the headquarters of the
southern companies changed from Vannoy Ferry to
Forest Dale, a place not in the line of the hostile
incursions. Taking advantage of this disposition of
the forces, Limpy, one of the hostile chiefs, with a
party of thirty warriors, made a visit to Fort Lane,
bearing a flag of truce; the object of the visit being
to negotiate for the release of some of the women
held as prisoners at the fort.
41 The enrolling officers appointed by Lamerick were Wm H. Latshaw,
A. W. Patterson, Nat. H. Lane, Daniel Barnes, James A. Porter, for com
panies to be drawn from Lane, Bentou, Douglas, and Linn counties. Or.
Statesman, Feb. 12, 1856.
42 Wm H. Latshaw was elected capt. of the Lane county co. ; John Kel-
sey of the Benton county co.; and Daniel Barnes of the Douglas county co.
Or. Statesman, Feb. 19, 1856 Of the co. of 50 raised at Deer Creek (Rose-
burg) in February, Edward Sheffield was elected capt.; S. H. Blunton 1st
lieut; Elias Capran 2d lieut. Id.
THE COAST TRIBES.
Following the outbreak in October, the agents on
the coast, at Port Orford, the mouth of Rogue River,
and the mouth of the Umpqua, used many precau
tions to prevent the Indians in their charge from be
coming infected with the hostile spirit of their breth
ren of the interior. The superintendent sent his
agents a circular containing regulations arid precau
tions, among which was the collecting of the Indians
on the several temporary reserves, and compelling
them to answer to roll-call.
The agent in charge of the Indians below Coos Bay
was Ben Wright, a man admired and feared by them.
Learning that overtures had been made to the Co-
quilles and other coast tribes to join the hostile bands,
Wright hastened to visit those under his charge, who
lived up about the head waters of the several small
rivers emptying into the ocean between the mouth of
the Rogue and the Coquille rivers. He found, as he
expected, emissaries of the hostile bands among these
on the lower Rogue River, who, though insolent, took
their departure when threatened with arrest; and he
was able, as he supposed, to put a stop to further ne
gotiations with the enemy, the Indians promising to
follow his advice.
On returning to the mouth of the river, he found the
people alarmed by rumors of anticipated trouble with
the Coquilles, and again hastened to arrest any mis
chief that might be brewing in that quarter. He found
these Indians quiet, and expressing great friendship,
but much in fear of an attack from the settlers of the
Umpqua Valley, who they had been told were coming
to kill them all. Their uneasiness appeared to be in
creased by discovering in their neighborhood a large
camp of the families, women and children, of the hos
tile bands, with a few men to guard them, knowing
that such a circumstance would be liable to be con
strued against them. They were promised an agent
to remain with them and ward off trouble until the
excitement should have abated.
392 FURTHER ITOIAN WARS.
Returning to the coast, Wright fell in with a party
of armed men from Coos Bay going toward the Ind
ian camp with the determination to destroy it. To
these men he represented that the Coquilles were
friendly, and returned with them to their camp, where
he succeeded in convincing each that neither had any
occasion to fear the other; and appointing one of their
number sub-agent on the spot, again returned to the
coast with the others. At Randolph he found the
settlers greatly excited by the news from the interior.
Having concealed their portable property, they were
removing to Port Orford for safety. At the mouth
of Rogue River defences had been built, and in their
wrath the white men were threatening to kill or dis
arm all the Indians in the vicinity. A few cool and
reflecting minds were able, however, to maintain a
more prudent as well as humane policy, the excite
ment on both sides seemed gradually to abate,43 and
Wright believed that with the assistance of the troops
at Port Orford he should be able to preserve the peace
and secure the public good.
About the middle of November Agent E. P. Drew,
who had in charge the Coos Bay and Umpqua Ind
ians, became convinced that the former were in com
munication with those at war, and hastily collecting
the Umpquas on the reservation at the mouth of the
river, and placing over them a local agent, went to
Coos Bay. At Empire City he found congregated
the settlers from the upper Coquille and Coos rivers,
in anticipation of an outbreak. A company was
formed and the savages attacked at Drolley's, on the
lower branch of the Coquille, four being killed, arid
four captured and hanged. There were few troops at
Port Orford when the war broke out, and these would
have been removed to the north on the call of Major
43 Collector Dunbar at Port Orford wrote to Palmer that there was no
doubt that Wright could maintain peace in his district. 'Ben is on the jump
day and night. I never saw in my life a more energetic agent of the public.
His plans are all good, there can be no doubt of it.' 17. S. II. Ex. Doc., 93.
127-9, 34th cong. 1st sess.
MASSACRE AT WHALESHEAD. 393
Raines had not Wright represented so powerfully to
Major Reynolds, who came to take them away, the
defenceless condition of the settlements in that event,
that Reynolds was induced to remain. Still feeling
their insecurity, the white inhabitants of Whaleshead,
near the mouth of Rogue River, as I have mentioned,
erected a rude fort upon an elevated prairie on the
north bank of that stream. A company of volun
teers was also organized, which had its encampment
at the big bend of Rogue River during the winter;
but on the proclamation of the governor in February,
calling for new companies to reorganize, the 1st regi
ment of Oregon Mounted Volunteers had moved down
near the settlement in order to fill up its ranks to the
standard fixed by the proclamation, of sixty privates
and eleven officers.
The conduct of the Indians under Wright had been
so good since the punishment of the Coquilles in the
early part of the winter that no apprehensions were
felt beyond the dread that the fighting bands might
some time make a descent upon them; and for this
the volunteers had been duly watchful. But what
so subtle as savage hate? On the night of the 22d
of February a dancing- party was given at Whales-
head in honor of the day, and part of the volunteer
company was in attendance, leaving but a few men
to guard the camp. Early on the morning of the
23d, before the dancers had returned, the guard was
attacked by a large body of Indians, who fell upon
them with such suddenness and fury that but two
out of fifteen escaped. One, Charles Foster, con
cealed himself in the woods, where he remained an
undiscovered witness of much that transpired, and
was able to identify the Indians engaged in the mas
sacre, who were thus found to be those that lived
about the settlement and were professedly friendly.
While the slaughter was going on at the volunteer
camp some Indians from the native village on the
south side of the river crossed over, and going to the
394 FURTHER INDIAN WARS.
house of J. McGuire, where Wright had his lodgings,
reported to him that a certain half-breed named
Enos,44 notoriously a bad man, was at the village, and
they wished the agent to arrest him, as he was making
trouble with the Tootootonies. Without the slight
est suspicion of treachery, Wright, with Captain Po
land of the volunteers, crossed the river to look into
the matter, when both were seized and killed.45 The
bodies were then so mutilated that they could not be
recognized.
The death of Wright is a sad commentary on these
sad times. He was a genial gentleman, honest, frank,
brave, the friend and protector of those who slew
him. It is a sad commentary on the ingratitude of
man, who in his earlier and lower estate seems fitted
to be ruled by fear rather than by love. During these
troublous times in southern Oregon, I am satisfied
that the United States government endeavored to do
its best in pursuing a moderate and humane policy;
and it was singularly fortunate about this time in
having as a rule conscientious and humane men in
this quarter, determined at the peril of their lives to
defend their charge from the fury of the settlers and
miners, who were exasperated beyond endurance by
having their houses burned and their wives and chil
dren captured or slain. And to none is the tribute
of praise more justly due than to Benjamin Wright,
who died at his post doing his duty.
44 This half-breed Enos was formerly one of Fremont's guides, and is
spoken of by Fremont as a very brave and daring Indian. Corr. Or. Statesman,
March 11, 1856; Indian Aff. Ee.pt., 1856, p. 201-2; Crescent City Herald Extra,
Feb. 25, 1856. He was hanged at Fort Orford in 1857, for his part in the
massacre. Or. Statesman, March 31, 1857; Tichenor's Historical Correspond
ence, MS.
45Parrish, Or. Anecdotes, MS., 81-3, says that Wright was at a dance in a
log cabin on Rogue River, about Christmas 1854! and that with others he
was killed for his treatment of the women. Dunbar and Nash state that the
agent kept a native woman, Chetcoe Jennie, who acted as interpreter, and
drew from the government $500 a year for that service, and who betrayed
him to his death, and afterward ate a piece of his heart. DowelVs Or. Ind.
Wars, MS., ii. 27; Ind. Aff. Rept., 1856, 201-2; Or. Statesman, March 11,
1856; Crescent City Herald, Feb. 26, 1856; U. 8. H. Ex. Doc., 39, p. 47-8,
35th cong. 1st sess.
EFFORTS FOR RELIEF. 395
Nor did this horrible and dastardly work end here.
Every farmer in the vicinity of Whaleshead was killed,
every house burned but one, and every kind of prop
erty destroyed. The more distant who escaped the
massacre, to the number of 130, fled to the fort, but
being poorly armed, might still have fallen a prey to
the savages, had they not with their customary want
of persistence, drawn off after the first day's bloody
work. At nightfall on the 23d a boat was despatched
to Port Orford to inform Major Reynolds of the fate
of the settlement. But Reynolds could not go to the
relief of Whaleshead without leaving exposed Port
Orford, that place containing at this period but fifty
adult male citizens and thirty soldiers. A whale-boat
was, however, despatched for the purpose of keeping
open communication with the besieged ; but in attempt
ing to land, the boat was swamped in the surf, and the
men in it, six in number, were drowned, their bodies
being seized by the savages and cut in pieces. Cap
tain Tichenor with his schooner Nelly went to bring
off the people of Whaleshead, but was prevented by
contrary winds from approaching the shore. On the
morning of the 24th the schooner Gold JBeach left
Crescent City with a volunteer company, whose design
was to attack the Indians. They, too, were prevented
from landing, and except at the fort the silence of
death covered the whole country.
When the facts of the outbreak came to light, it
was ascertained that the Indians attacked no less than
seven different points within ten or twelve hours, and
within a distance of ten miles down the coast on the
south side of Rogue River, and also that a general
fresh uprising occurred at the same time in other
localities.46
46 The persons killed in the first attack were Benjamin Wright, John
Poland, John Idles, Henry Lawrence, Patrick McCullough, George McClusky,
Barney Castle, Guy C. Holcomb, Joseph Wilkinson, Joseph Wagner, E. W.
Howe, J. H. Braun, Martin Reed, George Reed, Lorenzo Warner, Samuel
Hendrick, Nelson Seaman, W. R. Tulles, Joseph Seroc and two sons, John
Geisell and four children, Mrs Geisell and three daughters being taken pris
oners; and subsequently to the first attack, Henry Bullen, L. W. Oliver,
396 FURTHER INDIAN WARS.
Those who took refuge in the fort were kept
besieged for thirty-one days, when they were rescued
by the two companies under Colonel Buchanan sent
by General Wool, as before mentioned. A few days
after the arrival of the troops a schooner from Port
Orford effected a landing, and the women and chil
dren at the fort were sent to that place, while
Buchanan commenced operations against the Indians,
as I shall presently relate more in detail.
Daniel Richardson, George Trickey and Adolf Schmoldt — in all thirty-one.
Warner was from Livonia, N. Y., Seaman from Cedarville, N. Y. The
drowned were H. C. Gerow, a merchant of Port Orford, and formerly of N.
Y. ; John O'Brien, miner; Sylvester Long, farmer; William Thompson and
Richard Gay, boatmen; and Felix McCue. Letter of James C. Franklin, in
Or. Statesman, March 18, 1856; Crescent City Herald, Feb. 25 and May 21,
1856; Corr. Coos Bay Mail-, DowelVs Or. Lid. Wars, MS., ii. 27; Or. Argus,
March 8, 1856; Or. Statesman, April 29, May 13 and 20, 1856; S. F. Alta,
March 4, 1856; S. F. Bulletin, March 12, 1856; Cong. Globe, 1855-6, pt i., 780,
34th cong. 1st sess.; Sac. Union, March 1, 1856.
CHAPTER XYI.
EXTERMINATION OF THE INDIANS.
1856-1857.
GRANDE RONDE MILITARY POST AND RESERVATION— DRIVING IN AND CAG
ING THE WILD MEN — MORE SOLDIERS REQUIRED — OTHER BATTAL
IONS—DOWN UPON THE RED MEN— THE SPRING CAMPAIGN— AFFAIRS
ALONG THE RlVER — HUMANITY OF THE UNITED STATES OFFICERS AND
AGENTS— STUBBORN BRAVERY OF CHIEF JOHN— COUNCILS AND SURREN
DERS—BATTLE OF THE MEADOWS— SMITH'S TACTICS— CONTINUED SKIR
MISHING — GIVING-UP AND COMING-IN OF THE INDIANS.
WHEN Superintendent Palmer determined to re
move from the Rogue River and Umpqua reserva
tions the Indians who had observed the treaties, to an
encampment in the small and beautiful valley on the
western border of Yamhill and Polk counties, known
as the Grand Rond, so great was the anger and op
position of the white people of the Willamette in
thus having these savages brought to their door, so
loud their threats against both Indians and agents,
that it was deemed prudent to ask General Wool for
an escort and guard. Palmer wrote Wool that he
believed the war was to be attributed wholly to the
acts of the white population, and that he ^ felt it his
duty to adopt such measures as would insure the
safety of the Indians, and enable him to maintain
treaty stipulations,1 recommending the establishment
1 'The future will prove,' said Palmer, 'that this war has been forced upon
those Indians against their will, and that, too, by a set of reckless vagabonds,
for pecuniary and political objects, and sanctioned by a numerous population
who regard the treasury of the United States a legitimate subject of plun
der.' U. S. H. Ex. Doc., 93, 24, 34th cong. 1st sess. See also DowdVs Let
ters, MS., 42. Do well takes a different view.
398 EXTERMINATION OF THE INDIANS.
of a military post, and asking that a competent officer
be directed to assist him in locating the proposed en
campment, and making the improvements designed
for the benefit of the Indians. Having once con
ceived the idea of removing the Indians from the
southern reservations, Palmer was not to be deterred
either by the protests of the people or the disappro
bation of the legislative assembly.2
About the last of January 300 Umpquas and 200
Calapooyas were brought from the south and placed
upon the Grand Rond reservation. As these bands
had not been engaged in the recent hostilities, the
feeling of alarm was somewhat softened, and much
as their presence in the valley was deprecated, they
were suffered to go upon the reserve without moles
tation, although no troops were present to intimidate
the people.3 At the same time Palmer gave notice
that he intended to carry out his first design of re
moving all the other tribes whenever the necessary
preparations had been made for their reception;4 a
2 During the debate over Palmer's course in the legislature, Waymire ac
cused Palmer of being the cause of the war, and willing to bring about a
collision between the United States troops and the citizens of the Willamette
valley. 'Not only that, . . .but he actually proposes to bring 4,000 savages,
red from the war, and plant them in one of the counties of this valley, with
a savage and barbarous foe already upon its borders. "I will do it," said he,
"and if you resist me, I will call upon General Wool for soldiers to shoot
down the citizens."' Or. Statesman, Jan. 15,1856. And on the hesitation of
Colonel Wright, who was first applied to to furnish it without the sanction
of General Wool, then in California, Palmer thus wrote Commissioner Man-
nypenny: 'To be denied the aid of troops at a critical moment, upon flimsy
Sretences or technical objections, is to encourage a spirit of resistance to au-
iiority and good order, and effectively neutralize all efforts to reduce the
Indians and lawless whites to a state of subordination.' U. S. H. Ex. Doc.,
93, 131-2, 34th cong. 1st sess.
3 The Indians were moved in a heavy storm of rain and snow, Capt.
Bowie of the northern battalion with 20 men being ordered to escort Metcalfe
and his charge. At Elk Creek the Indians were seized with a panic on
account of rumors of the removal of Palmer from the superintendency, and
refused to go farther. Palmer called upon Colonel Wright for troops, and
was referred, as I have said, to General Wool, when, without waiting, Metcalfe
proceeded alone to the reservation, having quieted the fears of the Indians.
4 The opposition of the white population was not all that was to be over
come, as Palmer had been warned by his agents. In order to induce the
Umpquas to leave their homes, it was agreed by treaty that each Indian
should be given as much land as he had occupied in the Uinpqua Valley, with
a house as good or better than the one he left, with pay for all the property
abandoned, and clothing and rations for himself and family until all were
MORE TROOPS CALLED FOR. 399
promise which was partly carried out in March by
the removal of the Rogue River Indians from Fort
Lane to the Grand Rond, none of that resistance
being offered which had been feared. Preparations
were then made for bringing all the tribes from Coos
Bay south to the California line upon the coast reser
vation selected in 1854. The legislature had asked
for the removal of the superintendent on this ground ;5
though in reality it was a political dodge; and his
removal was accomplished before he had fairly fin
ished the work in hand.8
Immediately after the massacre of Whaleshead
Governor Curry issued still another proclamation,
calling for another battalion for service in the south.7
The governor also sought to modify his error in disband
ing all unauthorized companies, by advising the organ
ization in all exposed localities of new companies of
minute-men, the captains of which were ordered to re
port to the adjutant-general, and recognizing those al
ready formed as belonging to this branch of the service.
settled in their new homes; nor were any of these things to be deducted
from their annuities. Grande Ronde reservation contained about 6,000 acres,
and was purchased of the original claimants for $35,000. Letter of citizens
of Yamhill county, in Or. Statesman, April 29, 1856.
5 ' We the undersigned, democratic members,' etc. Then followed charges
that Joel Palmer had been instrumental in provoking the Indian war; and
what was more to the point, ' while representing himself as a sound national
democrat, he had perfidiously joined the know-nothings, binding himself with
oaths to that dark and hellish secret political order.' They asked for these
reasons that Palmer be removed and Edward R. Geary appointed in his place.
Signed by the speaker of the house and 34 members of the house and coun
cil. U. S. H. Ex. Doc., 93, 133-5, 34th cong. 1st sess.
6E. R. Geary was not his successor, but A. F. Hedges, an immigrant of
1843.
7 There was at this time a regiment in the Walla Walla Valley, and one
in southern Oregon, besides several companies of minute-men for defence.
The proclamation called for three new companies, one from Marion and Polk
counties, one from Benton and Lane, and one from Linn. The enrolling offi
cers appointed for the first named were A. M. Fellows and Fred. Waymire;
for the other two E. L. Massey and H. L. Brown. Waymire wrote the gov
ernor that Polk co. had sent over 100 men to the Walla Walla Valley, 76 to
Rogue River, 22 to fill up a Washington regiment; that Polk co. was willing to
go and fight, but since the importation of southern Indians to their border
they felt too insecure at home to leave, and solicited permission from the
executive to raise a company for defence against the Indians brought to their
doors. Or. Statesman, April 1, 1856.
400 EXTERMINATION OF THE INDIANS.
Under the new call two companies were raised; some
who had served in the first northern battalion, after
remaining at home long enough to put in a few acres
of grain, reenlisted.8 These were still at Eugene City
waiting for arms when April was half gone.
The intermission of aggressive operations greatly
emboldened the Indians. The 2d regiment was scat
tered, guarding isolated settlements.9 Colonel Will
iams had resigned on account of the strictures passed
upon his official management,10 and Lieutenant-colonel
Martin had resigned for a different reason.11 By elec
tion on the 19th of March, 1856, Kelsey was made colo
nel, Chapman lieutenant-colonel, and Bruce and Lat-
shaw majors of their respective battalions. The south
ern companies were ordered to rendezvous at Vannoy
Ferry, and the northern at Grave Creek, to be in readi
ness to advance on The Meadows, the stronghold of
the enemy, and toward which all the trails seemed to
lead. At length, on the 16th of April, Chapman and
Bruce moved with the entire southern battalion down
the south side of Rogue River toward the supposed
camp of the enemy, the northern battalion on the
17th passing down the north side under Lamerick,
each division with supplies for twenty-five days.
Three detachments were sent out to drive the Indians
to their retreat, and Lamerick announced his inten
tion to the governor to stay with the enemy until
they were subdued or starved out.
8 H. C. Huston's autobiography, in Brown's Miscellany, MS. , 48-9. Linn
county raised one company of 65 men commanded by James Blakely; Lane
and Benton, one of 70 men, D. W. Keith captain.
9 In the latter part of Feb. they reappeared in the Illinois valley, killing
two men and wounding three others. Soon after they killed one Guess
while ploughing Smith's farm, on Deer Creek. Guess left a wife and two
children. The volunteers under O'Neil pursued the Indians and rescued the
family, of which there is a circumstantial account in a series of papers by J.
M. Sutton, called Scraps of Southern Oregon History, many of which are dra
matically interesting, and extend through several numbers of the Ashland
Tidings for 1377-8.
10 R. L. Williams was a Scotchman, impetuous, brave, and determined.
It was said that when he joined in the yells which the volunteers set up in
answer to those of the savages, the latter hung their heads abashed, so suc
cessful was he in his efforts to outsavage the savages.
11 Martin was appointed receiver of the new land office at Winchester.
Or. Statesman, March 11, 1856.
WOOL'S CAMPAIGN. 401
At the same time there was on foot a movement on
the part of the regular forces to close the war by a
course independent of that of the volunteer generals,
and directed by General Wool, who by the aid of
maps and topographical reports had arranged his pro
posed campaign.12 The secretary of war had deemed
it necessary to administer a somewhat caustic reproof,
since which Wool had three several times visited Van
couver, though he had not made a personal inspection
of the other forts. He came in November 1855, and
returned without making his visit known to the gov
ernor of Oregon. He came again in midwinter to
look into the conduct of some of his officers in the
Yakima war, and to censure and insult, as they thought,
both them and the governors of Oregon and Wash
ington. And in March he once more returned; this
time bringing with him the troops which were at
once to answer the petition of Jackson county, and
to show volunteers how to fight. On the 8th of
March, while on the way to Vancouver, he left at
Crescent City Lieutenant-colonel Buchanan, with
officers and men amounting to 96 rank and file, the
same who relieved the besieged settlers at the mouth
of Rogue River. On arriving at Vancouver he or
dered to Port Orford Captain Augur, 4th infantry, to
reenforce Major Reynolds, 3d artillery, who was di
rected to protect the friendly Indians and the public
stores at that place. Captain Floyd Jones, 4th infan
try, of Fort Humboldt, was instructed to repair to
Crescent City to guard supplies and protect friendly
Indians at that place, in compliance with the request
of the superintendent. Captain Smith of Fort Lane
was directed to repair to Port Orford with 80 dra
goons, to make a junction with Buchanan;13 and a
12 'I have good reason to believe,' wrote Lamerick to the governor, 'that
General Wool has issued orders to the United States troops not to act in con
cert with the volunteers. But the officers at Fort Lane told me that they
would, whenever they met me, most cordially cooperate with any volunteers
under my command.' Or. Statesman, April 22, 18o6.
13 'Our company, 'says one of Smith's men, 'was obliged to take to the
mountains on foot, as we had to climb most of the way where our horses
Hisx. OB., VOL. II. 26
402 EXTERMINATION OF THE INDIANS.
general rendezvous was ordered at the mouth of the
Illinois River, where Palmer was to meet in council
the Indians who were being pursued by the volun
teers, and lead them to the reservation on the coast
west of the Willamette Valley. Smith moved from
Fort Lane about the 13th of April, a few days earlier
than the volunteer army began its inarch on The
Meadows.
On the 27th the two battalions were ready to attack.
A reconnoissance by General Lamerick in person had
discovered their camp on a bar of Rogue River, where
the mountains rise on either side high and craggy,
and densely timbered with manzanita, live-oak, chin
quapin, and chaparral, with occasional bald, grassy
hill-sides relieving the sombre aspect of the scene. A
narrow strip of bottom-land at the foot of the heights,
covered with rank grass and brambly shrubs, consti
tuted The Meadows, where all winter the Indians had
kept an ample supply of cattle in good condition for
beef. Upon a bar of the river overgrown with wil
lows the Indians were domesticated, having their huts
and personal property.
The morning was foggy, and favorable for conceal
ing the approach of the volunteers. Colonel Kelsey
with 150 men reached the north bank of the river
opposite and a little below the encampment without
being discovered, while the southern battalion took
position on the south bank, a short distance above the
encampment. When the fog lifted a deadly volley
from both sides was poured into the camp from a dis
tance of no more than fifty yards, killing fifteen or
twenty before they could run to cover, which they
did very rapidly, carrying their dead with them.
could not go. We crossed Rogue River on a raft last Easter Monday, fought
the Indians, drove them from their village, and burned it. . . We suffered great
hardships on the inarch; there was a thick fog on the mountains, and the
guide could not make out the trail. We were seven days straying about,
while it rained the whole time. Our provisions ran out before the weather
cleared and we arrived at Port Orford.' This was the kind of work the vol
unteers had been at all winter, with little sympathy from the regulars.
FIGHTS AT THE MEADOWS. 403
When they had had time to recover from the first
recoil, the battle fell into the usual exchange of shots
from behind the rocks and trees. It was prolonged
till late in the afternoon, with considerable additional
loss to the Indians, and two white men wounded.14
Next day Lamerick attempted to send across
twenty-four men in two canvas boats, but was pre
vented by the shots of the enemy. And the day fol
lowing the Indians could be seen through the falling
snow wending their way over the mountains with
their effects, while a few warriors held the white men
at bay; so that when on the 29th Lamerick's army
finally entered their camp, it was found deserted. All
that remained was the offal of slaughtered oxen, and
two scalps of white men suspended to a lirnb of a tree.15
Fortifications were then erected at Big Meadows,
eight miles below, and called Fort Lamerick, where
part of the force remained, while the rest returned to
headquarters, two companies disbanding. A month
later Major Latshaw led 113 men on the trail of the
Indians, and on the 28th of May a few were over
taken and killed by a detachment under Lieutenant
Hawley; while Captain Blakely in a running fight of
four miles down the river killed half a dozen, and
took fifteen prisoners, two Rogue River chiefs, George
and Limpy, narrowly escaping.16 Skirmishing con
tinued, but I have not space for the multiplicity of
detail.
The Indians lost in the spring campaign fifty war
riors killed and as many more wounded, besides being
14 Elias D. Mercer, mortally. He was a native of Va., and resided in Cow
Creek valley; was 29 years of age, and unmarried; a member of Wilkinson's
company; a brave and worthy young man. Or. Statesman, May 13, 1856. On
the day before the battle McDonald Bartness, of Grave Creek, and Wagoner
were riding express from Fort Leland to Lamerick's camp, when they were
shot at by Indians in ambush. Wagoner escaped, but Hartness was killed,
cut in pieces, and his heart removed. He was from Ohio, but had lived on
Grave Creek about a year, and was a man of excellent character. Volunteer,
in Or. Statesman, May 20, 1856; Portland Oregonian, May 17, 1856; S. F.
Bulletin, May 19, 1856; Or. and Wash. Scraps, 31.
15 H. C. Huston, in Brown's Miscellany, MS., 49.
16Rept of Lamerick, in Or. Statesman, June 24, 1856.
404 EXTERMINATION OF THE INDIANS.
greatly crippled in their resources of provisions, am
munition, and gold-dust by the destruction of their
caches. Many of them were tired of being driven
back and forth through the mountains, and would
have sued for peace but for the indomitable will of
their leader, John. That warrior was as far as ever
from being conquered, and still able to cope with
either volunteer or regular armies.17
Let us turn to the operations of General Wool's
army. Buchanan had been more than a month at
the mouth of Rogue River endeavoring to induce the
Indians to go quietly on a reservation, but without
success. After some manoeuvring, during which the
17 About this time a person named John Beeson, a foreigner by birth, but
a naturalized citizen of the U. S., who had emigrated from 111. to Rogue
River in 1853, wrote letters to the papers, in which he affirmed that the Ind
ians were a friendly, hospitable, and generous race, who had been oppressed
until forbearance was no virtue, and that the war of 1853 and the present
war were justifiable on the part of the Indians and atrocious oil the part
of the whites. He supported his views by quotations from military officers
and John McLoughlin, and made some good hits at party politics. He gave
a truthful account of the proceedings of the democratic party; but was as
unjust to the people of southern Oregon as he was censorious toward the
governor and his advisers, and excited much indignation on either hand.
He then began writing for the S. F. Herald, and the fact becoming known
that he was aiding in the spread of the prejudice already created against
the people of Oregon by the military reports, public meetings were held
to express indignation. Invited to one of these, without notification of
purpose, Beeson had the mortification of having read one of his letters to
the Herald, which had been intercepted for the purpose, together with an
article in the N. Y. Tribune supposed to emanate from him, and of listening
to a series of resolutions not at all flattering. 'Fearing violence,' he says,
'I fled to the fort for protection, and was escorted by the U. S. troops be
yond the scene of excitement.' Beeson published a book of 143 pages in
1858, called A Plea for the Indians, in which he boasts of the protection
given him by the troops, who seemed to regard the volunteers with con
tempt. He seemed to have found his subject popular, for he followed up the
Plea with A Sequel, containing an Appeal in behalf of the Indians; Correspond
ence with the British Aboriginal Aid Association; Letters to Rev. If. W. Beechcr,
in which objections are answered; Review of a Speech delivered by the Rev.
Theodore Parker; A Petition in behalf of the Citizens of Oregon and Wash
ington Territories for Indemnity on account of Losses through Indian Wars;
An Address to the Women of America, etc. In addition, Beeson delivered
lectures on the 'Indians of Oregon' in Boston, where he advocated his pe
culiar views. At one of these lectures he was confronted by a citizen of
Washington territory, Sayward's Pioneer Reminiscences, MS., 8-10; and at a
meeting at Cooper Institute, New York, by Captain Fellows of Oregon. Or.
Statesman, Dec. 28, 1858. It was said that in 1860 he was about to start
a paper in New York, to be called the Calumet. Rossi's Souvenirs. In
1803 Beeson endeavored to get an appointment in the Indian department,
but being opposed by the Oregon senators, failed. Or. Argus, June 8, 1863.
ORD'S EXPEDITION. 405
troops stood on the defensive, Ord was sent with 112
men, on the 26th of April, to destroy a village of
Mackanootenais, eleven miles from Whaleshead, as a
means of inducing them to come to terms, which was
accomplished after some fighting, with the loss of one
man. On the 29th Ord moved from his encampment
to escort a large government train from Crescent
City to the mouth of Rogue River. His command
of sixty men was attacked at the Chetcoe River by
about the same number of Indians. In the skirmish
he lost one man killed and two or three wounded,
and slew five or six of the enemy, the attacking party
being driven from the field.18 And there were a
few other like adventures.
In the mean time the volunteer companies on the
coast were not idle. The Coos county organization
under captains W. H. Harris and Creighton, and
Port Orford company under R. Bledsoe, harassed the
Indians continually, with the design of forcing them
into the hands of the regulars. The Coquilles at
one time surrendered themselves, and agreed to go
on the reservation, but finally feared to trust the
white man's word. Lieutenant Abbott surprised two
canoes containing twelve warriors and three women,
and killed all but one warrior and two women.
Again the Indians gave signs of yielding, and many
of the Coquilles who had been gathered on the mili
tary reservation at Port Orford by the Indian agents,
but who had run away, returned and gave themselves
up. These declared that Enos and John had deceived
and deserted them. They had been told that the
white people in the interior were all slain, and that if
they would kill those on the coast none would be left.
Early in May Buchanan moved his force to the
mouth of the Illinois River. With him were several
Indians who had surrendered, to be used as messen
gers to the hostile bands. These, chiefly women,
18 J. C. F., in Or. Statesman, June 10, 1856; Cram's Top. Hem., 50; Cres
cent City Herald, June 4, 1850.
406 EXTERMINATION OF THE INDIANS.
were sent out to gather the chiefs in council at Oak
Flat on the right bank of the Illinois River, not far
above the mouth. In this mission the messengers
were successful, all the principal war-chiefs being in
attendance, including John,19 Rogue River George,
Lirnpy, and the chiefs of the Cow Creek and Galice
Creek bands. The council was set for the 21st of
May. On that day the chiefs came to the appointed
place as agreed, and all, with the exception of John,
consented to give up their arms on the 26th, at The
Meadows, and allow Smith to escort a part of them
to the coast reservation by the way of Fort Lane.
Others were to be escorted by different officers to
Port Orford, and taken thence to the reservation by
steamer. John, however, still held out, and declared
his intention not to go on the reservation. To Colo
nel Buchanan he said: "You are a great chief; so
am I. This is my country; I was in it when these
large trees were very small, not higher than my head.
My heart is sick with fighting, but I want to live in
my country. If the white people are willing, I will
go back to Deer Creek and live among them as I used
to do ; they can visit my camp, and I will visit theirs ;
but I will not lay down my arms and go with you on
the reserve. I will fight. Good-by." And striding
out of camp, he left the council without hinderance.20
On the day agreed upon for the surrender, Smith
was at the rendezvous with his eighty men to receive
the Indians and their arms. That they did not ap
pear gave him little anxiety, the day being rainy and
the trails slippery. During the evening, however, two
19 1 have before me a photograph of John and his son. John has an in
telligent face, is dressed in civilized costume, with the hair cut in the fashion
of his conquerors, and has much the look of an earnest, determined enthusi
ast. His features are not like those of Kamiakin, vindictive and cruel, but
firm, and marked with that expression of grief which is often seen on the
countenances of savage men in the latter part of their lives. In John's case
it was undoubtedly intensified by disappointment at his plans for the exter
mination of the white race. His son has a heavy and lumpish countenance,
indicative of dull, stolid intelligence.
20 Or. Statesman, July 15, 1856; Ind. Aff. Rept, 1856, 214; S. F. Alta,
June 13, 19, 22, 1856; 8. F. Bulletin, June 14, 28, 1856.
SMITH AND CHIEF JOHN. 407
Indian women made him a visit and a revelation, which
caused him immediately to move his camp from the
bottom-land to a position on higher ground, which he
imagined more secure, and to despatch next morning
a messenger to Buchanan, saying he expected an at
tack from John, while he retained the Indian women
in custody. Smith also asked for reenforceinents, and
Augur was sent to his relief.
The position chosen by Smith to fight John was
an oblong elevation 250 by 50 yards, between two
small streams entering the river from the north-west.
Between this knoll and the river was a narrow piece
of low land constituting The Meadows. The south
side of the mound was abrupt and difficult of ascent,
the north side still more inaccessible, the west barely
approachable, while the east was a gentle slope. On
the summit was a plateau barely large enough to
afford room for his camp. Directly north of this
mound was a similar one, covered with a clump of
trees, and within rifle-range of the first.
On the morning of the 27th, the men having been
up most of the night and much fatigued, numerous
parties of Indians were observed to gather upon and
occupy the north mound. Soon a body of forty
warriors advanced up the eastern slope of Smith's
position, and signified their wish to deliver their arms
to that officer in person. Had their plan succeeded,
Smith would have been seized on the spot; but being
on his guard, he directed them to deposit their arms
at a certain place outside the camp. Thus foiled, the
warriors retired, frowning upon the howitzer which
had been so planted as to sweep the ascent from this
side. Lieutenant Sweitzer was stationed with the
infantry to defend the crest of the western acclivity;
the dragoons were expected to take care of the front
and rear, aided by the abrupt nature of the elevation
on those sides.
Seeing that the troops were prepared to fight, and
that they would not be permitted to enter Smith's
408 EXTERMINATION OF THE INDIANS.
camp under any pretence with arms in their hands,
about ten o'clock the Indians opened fire, charging
up the east and west slopes at once. The howitzer
and the rifles of the infantry repelled them, and they
fell back to cover. Then was heard the stentorian
voice of John issuing his orders so loud and clear that
they were understood in Smith's camp and interpreted
to him. Frequently during the day he ordered charges
to be made, and was obeyed. Some of his warriors at
tempted to approach nearer by climbing up the steep
and craggy sides of the mound, only to be shot by
the dragoons and roll to the bottom. Nevertheless,
these continued attempts at escalade kept every man
sharply at his work. In the matter of arms, the
Indians had greatly the advantage, the musketoons
of the dragoons being of service only when the enemy
were within short range; while the Indians, being all
provided with good rifles, could throw their balls into
camp from the north mound without being discovered.
Thus the long day wore on, and night came without
relief. The darkness only allowed the troops time to
dig rifle-pits and erect such breastworks as they could
without proper implements.
On the 28th the Indians renewed the battle, and
to the other sufferings of the men, both wounded and
unwounded, was added that of thirst, no water being
in camp that day, a fact well known to the Indians,
who frequently taunted the soldiers with their suffer
ings.21 Another taunt was that they had ropes to
hang every trooper, not considering them worth am
munition.22
Up to this time Augur had not come. At four
o'clock of the second day, when a third of Smith's
command were dead or wounded, and the destruction
21 They taunted them with the often repeated question, 'Mika hias ticka
chuck?' You very much want water? 'Tieka chuek?' Want water? 'Ha'o
chuck, Boston!' No water, white man! Cor., Or. Statesman, June 17, 18,36.
u Graver's Public Lift, MS., 49; Or. and Wash. Scraps, 23; John Wallen,
in Nichols' Ind. Aff., MS., 20; Cm/w'x Top. Mem., f>3; Volunteer, in Or. States
man, June 17, 1S5G; Crescent City Herald, June 11, 1856.
AUGUR BELIEVES SMITH. 409
of the whole appeared but a matter of time, just as
the Indians had prepared for a charge up the east and
west approaches with a view to take the camp, Smith
beheld the advance of Captain Augur's company,
which the savages in their eagerness to make the final
coup had failed to observe. When they were half
way up the slope at both ends, he ordered a charge,
the first he had ventured, and while he met the enemy
in front, Augur came upon them in the rear. The
conflict was sharp and short, the Indians fleeing to the
hills across the river, where they were not pursued,
and Smith was rescued from his perilous situation.23
Augur lost two men killed and three wounded, making
the total loss of troops twenty-nine.24 The number of
Indians were variously stated at from 200 to 400.
No mention is made by any of the writers on the sub
ject of any loss to the enemy.
This exploit of John's was the last worthy of men
tion in the war. With all his barbaric strength and
courage, and the valor and treachery of his associates,
his career was drawing to a close. His resources
were about exhausted, and his people tired of pur
suing and being pursued. They had impoverished
the white settlers, . but they had not disabled or ex
terminated them. The only alternative left was to
go upon a reservation in an unknown region or fight
until they died. John preferred the latter, but the
majority were against him. Superintendent Palmer
presently came, and to him the two chiefs George
and Limpy yielded, presenting themselves at camp
23 Cram is hardly justified in calling this, as he does, a victory for the
troops. Uracketfs (7. .V. Cavalry, 171. Smith was a brave officer, but he was
no match for Indian cunning when he took the position John intended, where
he could be surrounded, and within rifle-range of another eminence, while he
had but thirty rifles. This fighting in an open place, standing up to be shot
at, at rifle-range, was what amazed, and at last amused, the Indians. The
well conceived plan of the crafty chief failed; but it would have failed still
more signally if Smith had sent for reinforcements on first receiving John's
challenge, and had stationed himself where he could run away if he wished.
21 Cram's Top. Mem,; Kept of Major Latshaw, in Or. Statesman, June 24,
1850; Kept of Palmer, in Ind. Aff. Rept, 1856, 215.
410 EXTERMINATION OF THE INDIANS.
on the 30th with their people and delivering up their
arms.
During June a mild species of skirmishing con
tinued, with a little killing and capturing, some of
the Indians surrendering themselves. Smith's forces
on their inarch down the river destroyed some vil
lages, and killed and drove to their death in the river
some forty men, women, and children. Even such a
fate the savage preferred to the terrors of a reserva
tion. By the 12th over 400 had been forced into
the regular camp, which was slowly moving toward
Fort Orford. As the soldiers proceeded they gath
ered up nearly all the native population in their line
of march. Similar policy was pursued in regard to
the Chetcoe and Pistol River Indians, and with like
results.
Deserted by other bands, and importuned by his
own followers to submit, John finally, on the 29th of
June, surrendered, and on the 2d of July arrived with
his people at Fort Orford. He did not, however, sur
render unconditionally. Before agreeing to come in, he
exacted a promise that neither he nor any of his band
should be in any wise punished for acts they had com
mitted, nor compelled to surrender the property taken
in war. On the 9th, with the remnant of his band,
he was started off for the southern end of the coast
reservation. Under the same escort went the Pistol
Biver and Chetcoe Indians, or such of them as had
not escaped, to be located on the same part of the
coast, it being deemed desirable to keep the most war
like bands separated from the others. George and
Limpy with the lower Bogue Biver people were car
ried by steamer to Portland, and thence to the north
ern part of the coast reserve.
To prevent the Indians from fleeing back to their
old homes, Beynolds was ordered to the mouth of the
Siuslaw, and shortly afterward a post was erected on
the north bank of the Umpqua, about four miles below
Gardiner. Captain Smith stationed his company at
END OF THE WAR. 411
the pass in the Coast Range west and a little north of
the town of Corvallis, which post was named Fort
Hoskins. Throughout these troubles considerable
jealousy between the volunteers and the regulars was
manifested, each claiming the credit of successes, and
in reverses throwing the blame upon the other.
The war was now considered as ended in southern
Oregon, although there was still that portion of the
Chetcoe and Pistol River bands which escaped with
some others to the number of about 200, and about
100 on Rogue River, who infested the highways for
another year, compelling the settlers again to form
companies to hunt them down. This created much
dissatisfaction with the Indian superintendent, with
out any better reason apparently than that the pa
tience of the people was exhausted.
With regard to Palmer's course, which was not with
out some errors, I cannot regard it in the main as
other than humane and just. His faults were those
of an over-sanguine man, driven somewhat by public
clamor, and eager to accomplish his work in the short
est time. He had vanity also, which was offended on
one side by the reproof of the legislature, and flat
tered on the other by being associated in his duties
with an arbitrary power which affected to despise the
legislature and the governor of Oregon. He suc
ceeded in his undertaking of removing to the border
of the Willamette Valley about four thousand Ind
ians, the care and improvement of whom devolved
upon his successors. For his honesty and eminent
services, he is entitled to the respect and gratitude of
all good men.25
Early in May 1865 most of the Rogue River
25Deady says: 'Few men in this or any other country have labored harder
or more disinterestedly for the public good than General Palmer. A man of
ardent temperament, strong friendships, and full of hope and confidence in
his fellow-men, he has unreservedly given the flower of his life to the best in-
terests of Oregon.' Tran*. Or. Pioneer Assoc., 1875, 37-8. Palmer ran for
governor of Oregon in 1870, but was defeated by Grover. He died in 1879
at his home in Dayton.
412 EXTERMINATION OF THE INDIANS.
people and Shastas who had been temporarily placed
upon the Grand Rond reserve were removed to
Siletz, Sam and his band only being permitted to
remain as a mark of favor.
I will not here discuss further the reservation sys
tem. It was bad enough, but was probably the best
the government could devise, the settlers being deter
mined to have their lands. In theory, the savages
thus became the wards of the United States, to be
civilized, christianized, educated, fed, and clothed.
In reality, they were driven from their homes, huddled
within comparatively narrow limits, and after a brief
period of misery they were swept from the earth by
the white man's diseases.26
In March 1857 congress united the superintenden-
cies of Oregon and Washington, and called for an
estimate of the unpaid claims, which were found to
aggregate half a million dollars, and which were
finally allowed and paid.27 On the Siletz reservation
many Indians had farms of their own, which they
worked, and many were taught the mechanic arts, for
which they exhibited much aptitude; the women
learning housekeeping and the children going to
school by the advice of their parents; considerable
progress having been made in the period between
1878 and 1887. It is also stated that their numbers
increased instead of diminished, as formerly.
26 It was the unpopular side to defend or protect the Indians during this
war. There were many among the officers and servants of the United States
brave and manly enough to do this. On the other hand, the government has
made many bad selections of men to look after the Indians. Out of an ap
propriation by congress of $500,000, if the Indians received $80,000 or $100,-
000 they were fortunate.
27 See letter of Nesmith, in Or. Statesman, Oct. 20, 1857. The estimated
expense of the Indian service for Oregon for the year ending June 1858 was
$424,000, and for Washington $229.000. U. S. H. Ex. Doc., 37, 1-27, 129-
40, 34th cong. 3d sess., and Id., 76, vol. ix. 12, 22, 28; Id., 93, vol. xi. 1-40,
54-73, 84-96. A special commissioner, C. H. Mott, was sent to examine into
the accounts, who could find nothing wrong, and they were allowed, and
paid in 1859.
CHAPTER XVII.
OREGON BECOMES A STATE.
1856-1859.
LEGISLATURE OF 1855-6 — MEASURES AND MEMORIALS — LEGISLATURE or 1856-
7 — No SLAVERY IN FREE TERRITORY — REPUBLICAN CONVENTION — ELEC
TION RESULTS — DISCUSSIONS CONCERNING ADMISSION — DELEGATE TO
CONGRESS — CAMPAIGN JOURNALISM — CONSTITUTIONAL CONVENTION — THE
GREAT QUESTION OF SLAVERY — No BLACK MEN, BOND OR FREE — ADOP
TION OF A STATE CONSTITUTION — LEGISLATURE OF 1857-8— STATE AND
TERRITORIAL BODIES— PASSENGER SERVICE — LEGISLATURES OF 1858-9 —
ADMISSION INTO THE UNION.
DURING these days Oregon was somewhat soured
over the Indian question, and toward the United States
generally. The savages should have been more quickly
and cheaply killed; the regulars could not fight
Indians; the postal service was a swindle and a dis
grace; land matters they could manage more to their
satisfaction themselves; better become a state and be
independent. There was even some feeling between
northern and southern Oregon ; the former had labored
and the latter had suffered, and both were a little sore
over it.
About all the legislature of 1855-6 1 did was to move
*The counciltnen elect were, for Multnomah, A. P. Dennison; Clackamas
and Wasco, J. K. Kelly; Yamhill and Clatsop, John Richardson; Polk and
Tillamook, J. M. Fulkerson; Marion, J. C. Peebles; Linn, Charles Drain;
Umpqua, Douglas, and Coos, H. D. O'Bryant, democrats; and A. A. Smith
of Lane and Benton, and E. H. Cleaveland of Jackson, whigs. Assembly
men, for Clatsop, Philo Callender; Wasco, N. H. Gates; Columbia, John
Harris; Multnomah, G. W. Brown; Washington, H. Jackson; Clackamas, 0.
Eisley, H. A. Straight, James Officer; Marion, L. F. Grover, William liar-
pole, J. M. Harrison; Yamhill, A. R. Burbauk, Andrew Shuck; Polk, Fred.
Waymire, R. P. Boisd; Linn, Delazon Smith, H. L. Brown, B. P. Grant;
Benton, John Robinson, H. C. Buckingham; Lane, Isaac R. Moores. A.
(413)
414 OREGON BECOMES A STATE.
the capital from Corvallis to Salem, ask congress to
discharge General Wool and Superintendent Palmer,
and send up a growl against Surveyor-general Gar
diner and Postal-agent Avery.2
To prevent any benefit to southern Oregon from
the appropriations, as well as to silence the question
of the relocation acts, it was proposed to ask congress
to allow what remained of the university fund to be
diverted to common-school purposes; but the matter
was finally adjusted by repealing all the former acts
concerning the university, and making a temporary
disposition of the fund.
With regard to the volunteer service in the Indian
wars, Grover introduced a bill providing for the em
ployment if necessary of the full military force of the
territory, not exceeding three full regiments, to serve
for six months or until the end of the war, unless
sooner discharged; the volunteers to furnish as far
as practicable their own arms and equipments, and to
be entitled to two dollars a day for their services, and
two dollars a day for the use and risk of their horses;
all commissioned officers to receive the same pay as
officers of the same rank in the regular service, be
sides pay for the use and risk of their horses; the act
to apply to all who had been in the service from the
beginning, including the 9th regiment of Oregon
militia. The bill became a law, and the legislature
memoralized congress to assume the expense,3 which
Me Alexander; Umpqua, John Cozad; Douglas, William Hutson; Coos,
William Tichenor; Jackson, M. C. Barkwell, J. A. Lupton, Thos Smith,
democrats; and H. V. V. Johnson of Washington and Briggs of Jackson,
whigs. A vacancy was caused in the house by the death of J. A. Lupton;
and subsequently in the council by the resignation of E. H. Cleaveland.
The first place was filled by Hale, democrat, and the latter by John E. Ross,
whig. Clerks of the council, Thomas W. Beale, A. Sulger, and L. W.
Phelps; sergeant-at-arms, M. B. Burke ; door-keeper, James L Earle. Clerks
of the lower house, James Elkins and D. Mansfield; sergeant-at-arms, A. J.
Welch; door-keeper, Albert Boise. Or. Statesman, June 30 and Dec. 8, 1855.
2 The trouble was, with these men, they weu on the wrong side in poli
tics, that they were whigs and know-nochings, and everything vile.
3 This legislature was not over-modest in its memorials. It asked for the
recall of Wool from the department of the Pacific; that Empire City be made
a port of entry; that land titles in Oregon be confirmed; that additional mail-
routes be established; that two townships of land be granted in lieu of the
THE LEGISLATURE. 415
after much investigation and delay was done, as we
have seen. The last of the political divisions of west
ern Oregon were made at this session, when Curry
and Josephine counties were established.4 The ques
tion of a state constitution was not discussed at length,
an act being passed to take the vote of the people
upon it again at a subsequent election. On the 21st
of January the legislature adjourned.5
Oregon City claim; that the expenses of the Indian war be paid; that the
Indian superintendent be stayed from locating Indians in the Willamette
Valley; that the federal government assume the expenses of the provisional
government; that congress provide for the issuance of a patent to land claims;
that a mail-route be established from San Francisco to Olympia; mail service
east of the Cascade mountains; a military road from Oregon City to The
Dalles; that the expenses of the Snake River expedition be paid; that the
right of pensions be extended to disabled volunteers; that the spoliation
claims of 1853 be liquidated; that congress pay for the services and ex
penses of the Rogue River war of 1854; that a military road be established
from Olympia via the mouth of the Cowlitz to intersect the military road
leading from Scottsburg to Myrtle creek; a military road from Port Orford
to Jacksonville; money for a territorial library; and that congress recog
nize the office of commissioner to audit the war claims. Indeed, Philo Cal-
lander of Clatsop county was so appointed, but congress did not recognize
him. The Statesman complained in September that Lane had obtained
$300,000 for the Indian department, and nothing more for any purpose except
the regular appropriation for territorial expenses, which would have been
made without him. A little later it was ascertained that $500 had been ob
tained for the territorial library, which money was expended by Gov. Curry
when he went to Washington in 1856 to defend himself from the attacks of
Wool.
4 It was proposed to name the former Tichenor, but that member declined,
saying that his constitutents had instructed him to call the county after the
governor. The second was named after Josephine Rollins, whose father first
discovered gold on Josephine Creek. The county seat, Kirbysville, was
named after Joel A. Kirby, who took a land claim on the site of that town.
Dvady's Hist. Or., MS., 77; Prim's Judicial Affairs, MS., 2-3; U. S. H. Ex.
Doc., i. 348, 375, 419, 431, 34th cong. 1st sess.
5 Several charters were granted to societies, towns, and schools. Astoria
and Eola in Polk county were chartered. To-day Eola is a decayed hamlet
and Astoria a thriving city by the sea. The Portland Insurance Company
also took a start at this time. Masonic lodges, Warren No. 10, Temple No. 7,
Jennings No. 9, Tuality No. 6, Harmony No. 12, received their charters at
this session. There is a list of the officers of Harmony Lodge from 1856 to
1873 in By Laws, etc., Portland, 1873. Multnomah Lodge No. 1 was in
corporated January 19, 1854; Willamette Lodge No. 2, February 1st; Lafay
ette Lodge No. 3, January 28; and Salem Lodge No. 4, in February 1854.
It is said the General George B. McClellan received the first three degrees m
masonry in Willamette Lodge No. 2, at Portland. 0. F. Grand Lodge of Or.,
1856-70. Acts incorporating the Willamette Falls Railroad Company, the
Rockville Canal Company, the Tualatin River Transportation and Naviga
tion Company, and no less than 14 road acts were passed. The assembly
appointed A. Bush, printer; B. F. Bonham, auditor; J. D. Boon, treasurer;
F. S. Hoyt, librarian; E. Ellsworth, university commissioner. Something
should be here said of John Daniel Boon, who for many years was territorial
treasurer. Deady calls him a good, plain, unlearned man, and a fervent
416 OKEGON BECOMES A STATE.
The democratic party, which had so long dominated
Oregon, and to which whigs and know-nothings offered
but a feeble opposition, had so conducted affairs dur
ing the Indian war of 1855-6 as to alienate some of
its original supporters. It had, however, a strong
hold on the people in the war debt, which it was
believed Lane, through his influence with the admin
istration, would be able to have discharged. So long
as this appeared probable, or could be reasonably
hoped for, much that was disagreeable or oppressive
at home could be tolerated, and no steps were taken,
at first, to follow the movement in the Atlantic States
which was dividing the nation into two great parties,
for and against slavery. Southern Oregon, which
was never much in sympathy with the Willamette
Valley, the seat of democratic rule, was the first to
move toward the formation of a republican party. A
meeting was held at the Lindley school-house, Eden
precinct, in Jackson county, in May 1856, for the pur
pose of choosing candidates to be voted for at the
J une election.6
The meeting declared against slavery in the new
states. The democrats might have said the same, but
at this juncture they did not; it remained for the first
republican meeting first to promulgate the sentiment
in the territory. It was a spontaneous expression of
incipient republicanism in the far north-west, not even
the Philadelphia convention having yet pronounced.
The election came; none of the candidates of Eden
district were chosen to the legislature, though one
know-nothing from the county was elected, and the
methodist preacher. Scrap-book, 87. He was born at Athens, Ohio, Jan. 8,
1817, and came to Oregon in 1845. He died at Salem, where he kept a small
store, in June 1864. Salem Mercury, June 27, 1864. On the 13th of Dec.
1877 died Martha J. Boon, his wife, aged 54 years. Their children were 4
sons and several daughters, all of whom lived in Oregon, except John, who
made his home in San Francisco. San Jos6 Pioneer, Dec. 20, 1877.
6 The resolutions adopted were: that freedom was national and slavery
sectional; that congress had no power over slavery in the states where it
already existed; but that outside of stale jurisdiction the power of the federal
fovernmeut should be exerted to prevent its introduction, etc. Or. Argus,
uiie 7, 1856.
POLITICS. 417
latter party did not differ, except in its native Amer
icanism, from the republicans. As time passed, how
ever, the republican sentiment grew, and on the llth
of October a meeting was held at Silverton in Marion
county, when all opposed to slavery in free territory
were invited to forget past differences and make com
mon cause against that influence, to escape which
many through toil and suffering had crossed a conti
nent to make a home on the shores of the Pacific.7
Other assemblages soon followed in almost every
county.
When the legislature met in December, it was as it
had always been a democratic body, but there were
enough opposition members to indicate life in the new
movement.8 Few bills of a general nature were passed,
but the drift of the discussions on bills introduced to
allow half-breeds to vote, to exclude free negroes from
the territory,9 to repeal the viva voce bill, and kin
dred subjects plainly indicated a contest before the
state constitution could be formed. An act was once
7 Paul Crandall, 0. Jacobs, T. W. Davenport, Rice Dunbar, and E. N.
Cooke were the movers in this first attempt at organization in the Willamette
Valley. The last three were appointed to correspond with other republicans
for the furtherance of the principles of free government.
8 Members of the council: John E. Ross, of Jackson county; Hugh D. O'Bry-
ant, Umpqua, Douglas, and Coos; A. A. Smith, Lane and Benton; Charles Drain,
Linn; Nathaniel Ford, Polk and Tillamook; J. B. Bayley, Yamhilland Clat-
sop; J. C. Peebles, Marion; J. K. Kelly, Clackamas and Wasco; Thos R.
Cornelius, Washington, Columbia, and Multnomah. House: JohnS. Miller,
Thomas Smith, Jackson; A. M. Berry, W. J. Matthews, Josephine; Aaron
Rose, Douglas; A. E. Rogers, Coos and Curry; D. C. Underwood, Umpqua;
James Monroe, R. B. Cochran, Lane; J. C. A very, J. A. Bennett, Benton;
Delazon Smith, H. L. Brown, William Roy, Linn; Wm M. Walker, Polk and
Tillamook; A. J. Welch, Polk; L. F. Grover, William Harpole, Jacob Cou-
ser, Marion; William Allen, A. J. Shuck, Yamhill; A. L. Lovejoy, W. A.
Starkweather, F. A. Collard, Clackamas; G. W. Brown, Multnomah; T. J.
Dryer, Multnomah and Washington; H. V. V. Johnson, Washington; Barr,
Columbia; J, W. Moffit, Clatsop; N. H. Gates, Wasco. Or. Laws, 1856-7,
p. 8. James K. Kelly, prest council; L. F. Grover, speaker of the house,
Clerks of the council, A. S. Watt, John Costello, and T. F. McF. Patton;
sergeant-at-arms, G. W. Holmes; door-keeper, J. McClain. Clerks of the
lower house, D. C. Dade, E. M. Bowman, J. Looney; sergeant-at-arms, J.
S. Risley; door-keeper, J. Henry Brown. Or. Statesman, Dec. 9, 1856.
9 When the commissioner in 1853-4 made a list of the former laws of Ore
gon which were to be adopted into the code, that one which related to the
exclusion of free negroes was inadvertently left out, and was thus uninten-
ally repealed. It was not revived at this session, owing to the opposition of
the republican and some other members.
HIST. Oa., VOL. II. 27
418 OREGON BECOMES A STATE.
more passed at this session to take the sense of the
people on the holding of a constitutional convention,
and to elect delegates to frame a constitution in case
a majority of the people should vote in favor of it.
In order to met the coming crisis, republican clubs
continued to be formed; and on the llth of Febru
ary, 1857, a convention was held at Albany to perfect
a more complete organization,10 when the name Free
State Kepublican Party of Oregon was adopted and
its principles announced. These were the perpetuity
of the American Union; resistance to the extension of
slavery in free territory ; the prohibition of polygamy ;
the admission of Oregon into the Union only as a free
state; the immediate construction of a Pacific railway;
the improvement of rivers and harbors; the applica
tion of the bounty land law to the volunteers in the
Indian war of 1855-6; and the necessity for all hon
est men, irrespective of party, to unite to secure the
adoption of a free state constitution in Oregon.11 At
Grand Prairie, a free state club was formed January
17th, whose single object was to elect delegates to
the constitutional convention pledged to exclude from
the state negroes, slaves or freemen.
The Oregon delegate to congress, Joseph Lane, had
no objection to slavery, though he dared not openly
advocate it. In conformity to instructions of the leg
islature, he had brought a bill for admission, which
was before congress in the session of 1856. The
"Delegates: From Multnomah, Stephen Coffin, Charles M. Carter, L.
Limerick; Clackmas, W. T. Matlock, W. L. Adams, L. Holmes; Washington,
H. H. Hicklin; Yamhill, John R. McBride, S. M. Gilmore, W. B. Daniels,
Brooks, and Odell; Linn, T. S. Kendall, J. Connor, J. P. Tate, John Smith,
James Gray, William Marks, David Lambert; Polk, John B. Bell; Benton,
William Miller, J. Young; Umpqua, E. L. Applegate. Committee to pre-
prre an address, Thos Pope, W. L. Adams, and Stephen Coffin. Executive
committee, J. B. Condon, T. S. Kendall, E. L. Applegate, and Thos Pope.
Or. Argus, Feb. 21, 1876. See address in Argus, April 11, 1857.
11 Among the first to promulgate republican doctrines were E. D. Shat-
tuck, Lawrence Hall, Levi Anderson, H. C. Raymond, John Harrison, J.
M. Rolando, S. C. Adams, S. M. Gilmore, G. W. Burnett, G. L. Woods, W.
T. Matlock, H. Johnson, L. W. Reynolds, Geo. P. Newell, J. C. Rinearson,
F. Johnson, H. J. Davis, John Terwilliger, Matthew Patton, G. W. Lawson,
and W. Carey Johnson.
BEGINNINGS OP REPUBLICANISM. 419
only objection offered was the lack of population to
entitle the state to the representation asked for in the
bill. Its failure, together with the failure of the
' O
Indian war debt bill, was injurious to the popularity
of the delegate with his party. But during the fol
lowing session a bill authorizing the people of Oregon
to form a constitution and state government passed
the lower house, and was taken up and amended in
the senate, but not passed. It remained where it
offered a substantial motive for the reelection of the
same delegate to complete his work.
Such was the position of affairs in the spring of
1857. The territory was half admitted as a state, a
constitutional convention was to be held, a delegate
to be elected, and a new political party was organizing
which would contend for a share in the management
of the public interests. It was not expected by the
most enthusiastic republicans that they could elect a
delegate to congress, their aim being different. The
democrats for the first time were divided on nomina
tions;12 but after a little agitation the convention set
tled down to a solid vote for Lane, who thus became
for the fourth time the congressional nominee of his
party. This done, the convention proceeded to pass
a resolution binding their county delegates to execute
the will of the party "according to democratic usages,"
repudiating the idea that a delegate could, in pursu
ance of the interests or wishes of his district, refuse
to support the nominations of his party, and still
maintain a standing in that party.13 Then came the
announcement, "That we deny the right of any state
to interfere with such domestic institutions of other
12 Other possible candidates were Deady, Nesmith, Grover, Boise", Delazon
Smith, George H. Williams, and James K. Kelly. Clackamas and Clatsop
nominated Kelly, but he declined, knowing that he could not be elected be
cause he was not a democrat of that 'vigorous practice' which the Statesman
required; that journal afterward reproaching him with losing this opportunity
through too much independence of party government. See letter of Kelly, in
Or. Statesman, Feb. 17, 1857.
13 So well whipped in were the delegates to the convention that only the
Clackamas members and J. L. Meek of Washington county voted against
the resolution.
420 OREGON BECOMES A STATE.
states as are recognized by the constitution;" that
in choosing delegates to the constitutional conven
tion no discrimination should be made between demo
crats in favor of or opposed to slavery, because that
question should be left to be settled by a direct vote
of the people.
To this parade of the ruling party the infant repub
lican organization could offer no opposition that had in
it any promise of success. A few of the older coun
ties chose delegates to the constitutional convention;
others had no republican representation. But there
was a visible defection in the democratic ranks from
the bold position taken by the leaders, that it was
treachery to question their mandates, even when they
conflicted with the interests and wishes of the sec
tions of country represented — a doctrine directly op
posed in sentiment to that of state rights, which the
party was commanded to indorse. This was a species
of subordination against which many intelligent demo
crats protested as strongly as the republicans protested
against negro slavery. One newspaper, the Portland
Democratic Standard, revolted, and was declared to
be out of the party.1*
The June election came on. The republican party
had no candidate for delegate, but was prepared to
vote for G. W. Lawson, a free soil democrat, who
announced himself as an independent candidate for
congress. Lane arrived toward the last of April, and
the canvass began. Hitherto in an election the ques
tions considered had been chiefly personal and local;
or at the most, they involved nothing more important
than a desired appropriation or a change in the land
law. But now the people were called upon to lay
the foundation of a state; to decide upon matters
affecting the interests of the commonwealth for all
time. The returns showed that while the principles
14 There were few persons in Oregon not deeply interested in politics at
this time. A correspondent of a California paper writes: 'The Oregoniana
have two occupations, agriculture and politics. ' See remarks on the causes of
dissension in the democratic party, in Or. Statesman, April 14 and 21, 18o7.
A PROSPECTIVE CHANGE. 421
of democracy still retained their hold on the people,
a far greater number than ever before voted an oppo
sition ticket, and that of the delegates chosen to the
constitutional convention more than one third were
either republicans or were elected on the opposition
ticket; that the legislature, instead of being almost
wholly democratic as for several preceding years,
would at the next session have a democratic major
ity of but one in the council ; and that there would
be ten republicans among the thirty members of the
house.15
During this important epoch the course of the
Statesman was cautious and prudent, while seeming
to be frank and fearless. It published with equal
and impartial tolerance the opinions of all who chose
to expound the principles of freedom or the evils or
blessings of slavery. The other leading party jour
nals were not, and could not afford to be, so calm and
apparently indifferent to the issue; for while they
were striving to mould public sentiment, the States
man had one settled policy, which was to go which
soever way the destinies of the democratic party led
it. More than one new campaign journal was estab
lished,16 and influences were brought to bear, hitherto
15 The official returns for delegate to congress gave Lane 5,662 votes, and
Lawson 3,471. The constitutional convention vote was 7,617 for and 1,079
against. The counties that gave a republican majority were Yamhill, Wash
ington, Multnomah, Columbia, and Clatsop. Benton came within 25 votes of
making a tie. In the other counties of the Willamette there was a large
democratic majority. Or. Argus, June 13, 1857; Or. Statesman, July 7,
1857; Tribune Almanac, 1858, 63.
16 There was The Frontier Sentinel, published at Corvallis, whose purpose
•was to give ' an ardent and unwavering support in favor of the introduction
of slavery into Oregon.' The publisher was L. P. Hall from California, and
the material was from the office of the Expositor, another democratic journal,
whose usefulness had expired, and whose type was about worn out. Or. A rgus,
June 20, 1857. The Occidental Messenger, published at Corvallis, advocated
the doctrine that there could be no such thing as a free state democrat. Or.
Statesman, Aug. 25, 1857. 'The editor of that paper came to Oregon some
thing less than six months ago, and issued a prospectus for a weekly news
paper. No one knew where he came from, who sent him, or how much Avery
paid for him. In his prospectus he avowed himself in favor of the present
national administration, in favor of the principles enunciated by the Cincin
nati national democratic convention, and in favor of the introduction of
slavery into Oregon.' From the remarks of the Jacksonville Herald, it
appears that the Sentinel and the Messenger were one paper, edited by Hall.
422 OREGON BECOMES A STATE.
unknown, to awaken in the minds of the people, the
chief part of whom were descendants of slave-holders,
a desire for unpaid servitude. To meet this appar
ently well organized effort of the southern democrats
of the United States senate and of California, the
republicans and free-state democrats of Oregon nerved
themselves afresh. All the newspapers of whatever
politics or religion were filled with discussions of
the topic now more than any other absorbing the
public mind. George H. Williams made a strong
appeal in an article in the Statesman of July 28th,
showing that Oregon was not adaped to slave labor.
On the other hand, F. B. Martin urged the advantage
and even the necessity of slave labor, both sides pre
senting lengthy arguments convincing to themselves.17
With more ardor than discretion, Martin said that
slavery would be a benefit to the negro himself; for
if proved unprofitable, it would die out, and the blacks
become free in a fine country. Now there was no
such hater of the free negro as the advocate of slave
labor; and unless the black man could be sure always
to remain a chattel, they would oppose his entrance
Or. Statesman, Nov. 17, 1857. It was in this year that the Jacksonville
Herald was first published, which leaned toward slavery. It was asserted
by the California journals that the pro-slavery party of that state had its
emissaries in Oregon, and that it was designed to send into the territory
voters enough to give a majority in favor of slavery. S. F. Chronicle, Aug.
15, 1857. Ex-governor Foote of Mississippi, then in California, visited Ore
gon in August, which movement the republicans thought significant. Marys-
vl/le Herald and S. F. Chronicle, in Or. Statesman, Sept. 8, 1S57. Chas E.
Pickett, formerly of Oregon, returned there from California, and contributed
some arguments in favor of slavery to the columns of the Statesman. Or.
Arc/us, Oct. 10, 1857; Or. Statesman, Oct. 6, 1857.
17 See letter of J. W. Mack in favor of slave labor, in Or. Statesman,
Aug. 18, 1857; and of Thomas Norris against, in the Statesman of Aug. 4,
1857; Or. Argus, Jan. 10, Sept. 5, Oct. 10, 1857. The Pacific Christian Ad
vocate, methodist, edited by Thomas Pearne, shirked the responsibility of
an opinion by pretending to ignore the existence of any slavery agitation, or
that any prominent politicians were engaged in promoting it. Adams re
torted: 'We should like to ask the Advocate whether Jo Lane, delegate to
congress; Judge Deady of the supreme court; T' Vault, editor of the Oregon
Sentinel; Avery, a prominent member of the legislature; Kelsay, an influen
tial member of the constitutional convention; Judge Dickey Miller, a lead
ing man in Marion county; Mr Soap and Mr Crisp, leading men in Yamhill;
Judge Holmes and Mr Officer of Clackamas, and fifty others we might men
tion, who are all rabid "nigger" men — are not "prominent politicians."'
Or. Aryus, Sept. 5, 1857,
THE NEGRO IN POLITICS. 423
into Oregon to their utmost. That it was a dread
of the free negro, quite as much as a sentiment
against slavery, which governed the makers of the
constitution and voters upon it, is made apparent by
the first form of that instrument and the votes which
decided its final form.
The constitutional convention assembled at the
Salem court-house on the 17th of August, and made
A. L. Lovejoy president pro tern.18 On the follow
ing day M. P. Deady was chosen president of the
convention, with N. C. Terry and M. C. Barkwell as
secretaries.19 The first resolution offered was by
Applegate, that the discussion of slavery would be
out of "place; not adopted. The convention remained
"Members: Marion county, Geo. H. Williams, L. F. G rover J. C. Peebles,
Joseph Cox, Nicholas Shram, Davis Shannon, Richard Miller; Linn Delazon
Smith, J. T. Brooks, Luther Elkins, J. H. Brattain, Jas Shields Jr R. S.
Coyle; Lane, E. Hoult, W. W. Bristow, Jesse Cox, A J. Campbell tl. R.
Moores, tPaul Brattain; Benton, John Kelsay, *H. C. Lewis, »H. B. Nich
ols, "William Matzger; Polk and Tillamook A D Babcock; Polk, R. P.
Boise, F. Waymire, Benj. F. Burch; Yamhill, »W. Olds *R. V. Short R.
C Kinney, *J. R. McBride; Clackamas, J. K. Kelly, A. L. Lovejoy JW. A.
Starkweather, H. Campbell, Nathaniel Robbins; Washington and Multnomah
*Thos J. Dryer; Multnomah, S. J. McCormick, William H Farrar, *l)avid
Logan; Washington, *E. D. Shattuck, * Joh n S White, *Levi Anderson;
Wasco, C. R. Meigs; Clatsop, tCyrus Olney; Columbia, * John W Watts;
Josephine, S. Hendershott, *W. H. Watkins; Jackson, L. J C Duncan,
J. H. Reed, Daniel Newcomb, §P. P. Prim; Coos, *T G. Lockhart; Curry,
William H. Packwood; Umpqua, » Jesse Applegate *Levi Scott; Douglas,
M P Deady, S. F. Cliadwick, Solomon Fitzhugh, Thomas Whitted. Those
marked (*) were opposition; t, elected on opposition ticket, but claiming to
be democrats, and understood to approve of the platform of the last territo
rial democratic convention; £, elected on the democratic ticket, but said to be
opposed to the democratic organization; §, position not known. Lockhart s
election was contested by P. B. Marple, who obtained his seat in the conven-
lOIThe nativity of the members is as follows: Applegate, Anderson, Bristow,
Coyle Fitzhugh, Kelsay, Moores, Shields, 8, Kentucky; Brattain of Lmn,
Prim. Shrunk White, Whitted, 5, Tennessee; Brattain of Lane, Logan, 2,
North Carolina; Babcock, Dryer, Lewis, Olney Smith, Williams Watkins,
7 New York; Boise, Campbell of Clackamas, Lovejoy, Olds, 4, Massachu
setts: Burch, Cox of Lane, McBride, Watts, 4, Missouri; Cox of Marion,
Waymire, 2, Ohio; Crooks, Holt, Marple, Newcomb, Robbms 0 Virginia;
Campbell of Lane, Shannon, 2, Indiana; Chadwick Meigs, Starkweather,
Nichols, 4, Connecticut; Deady, Miller, 2, Maryland; Duncan, 1, Georgia;
E.kins, Kelly, Peebles, Reed, Short, 5, Pennsylvania; Farrar, 1 New Hamp
shire; Grover, I.Maine; Hendershott, Kinney, Packwood, Scott, 4 Illinois;
Matter, 1, Germany; McCormick, 1, Ireland; Shattuck, 1, Vermont.
19 John Baker, sergeant-at-arms; another John Baker, door-keeper, the
latter defeating a candidate whose name was Baker.
424 OREGON BECOMES A STATE.
in session four weeks, and frequent references to the
all-important topic were made without disturbing the
general harmony of the proceedings. The debates on
all subjects were conducted with fairness and delib
eration. In order to avoid agitation, it was agreed to
leave to the vote of the people the question of negroes,
free or enslaved, a special provision being made for
the addition of certain sections, to be inserted or
rejected according to the vote upon them.20
The influence of the republican element on the work
of the convention was small, except as recusants.21
Most of the provisions were wise; most of them
were politic if not all liberal. Its bill of rights, while
it gave to white foreigners who might become resi
dents the same privileges as native-born citizens, gave
the legislature the power to restrain and regulate the
immigration to the state of persons not qualified to
become citizens'of the United States; thus reserving
to the future state the power, should there not be a
majority in favor of excluding free negroes altogether,
of restricting their numbers. The article on suffrage
declared that no negro, Chinaman, nor mulatto should
have the right to vote. Another section, somewhat
tinged with prejudice, declared that no Chinaman who
20 The sections reserved for a separate vote read as follows: 'Section — .
Persons lawfully held as slaves in any state, territory, or district of the
United States, under the laws thereof, may be brought into this state, and
such slaves and their descendants may be held as slaves within this state, and
shall not be emancipated without the consent of their owners.' 'Section — .
There shall be neither slavery nor involuntary servitude in this state, other
wise than as a punishment for crime, whereof the party shall have been duly
convicted.' 'Section — . No free negro or mulatto, not residing in this state
at the time of the adoption of this constitution, shall ever come, reside, or ba
within this state, or hold any real estate, or make any contract, or maintain
any suit therein; and the legislative assembly shall provide by penal laws for
the removal by public officers of all such free negroes or mulattoes, and for
their effectual exclusion from the state, and for the punishment of persons
who shall bring them into the state or employ, or harbor them therein.' Or.
Statesman, Sept. 29, 1857; U. S. House Misc. Doc., 38, vol. i. p. 20-1, 35th cong.
1st sess.; U. 8. Sen. Misc. Z)oc.,226, vol. iii., 35th cong. 1st sess.; Deady's
Laws Or., 124-5; Or. Laws, 1857-8, 11-40.
21 Grover, Public Life in Or., MS., 76-7, says that among others Jesse
Applegate, one of the most talented men in the country, was snubbed at
every turn, until, when the draft of a constitution which he had prepared at
home was peremptorily rejected, he deliberately took up his hat and walked
out of the court-house.
CHINESE AND ECONOMY. 425
should immigrate to the state after the adoption of
the constitution should ever hold real estate or a min
ing claim, or work any mining claim therein, and that
the legislature should enact laws for carrying out this
restriction. These proscriptive clauses, however they
may appear in later times, were in accordance with
the popular sentiment on the Pacific coast and through
out a large portion of the United States ; and it may
be doubted whether the highest interests of any nation
are not subserved by reserving to itself the right to
reject an admixture with its population of any other
people who are distasteful to it. However that may
be, the founders of state government in Oregon were
fully determined to indulge themselves in their pre
judices against color, and the qualities which accom
pany the black and yellow skinned races.
Another peculiarity of the proposed constitution
was the manner in which it defended the state against
speculation and extravagance. The same party which
felt no compunctions at wasting the money of the
federal government was careful to fix low salaries for
state offices,22 to prevent banks being established under
a state charter, to forbid the state to subscribe to any
stock company or corporation, or to incur a debt in
any manner to exceed fifty thousand dollars, except in
case of war or to repel invasion; or any county to
become liable for a surn greater than five thousand
dollars.
These limitations may at a later period have hin
dered the progress of internal improvements, but at the
time when they were enacted, were in consonance
with the sentiment of the people, who were not by
habit of a speculative disposition, and who were at
that moment suffering from the unpaid expenses of a
costly war, as well as from a long neglect of the prin
cipal resources of the country, which was a natural
consequence of the war.
22 The salaries of the governor and secretary were $1,500 each; of the
treasurer, $800; of the supreme judges, $2,000. The salaries of other officers
of tne court were left to be fixed by law. Dtady's Laivs Or., 120.
426 OREGON BECOMES A STATE.
A clause of the constitution affecting the rights of
married women, though it may have had its inception
in the desire to place one half of the donation claim
of each land owner beyond the reach of creditors, had
all the air of being progressive in sentiment, and
probably aided in the growth of that independence
among women which is characteristic of the country.23
The boundaries of the state were fixed as at present,
except that they were made to include the Walla Walla
Valley; providing, however, that congress might on
the admission make the northern boundary conform
to the act creating Washington Territory, which was
done, to the disappointment of many who coveted
that fair portion of the country. The question of the
seat of government was disposed of by declaring that
the legislature should not have power to establish it;
but at the first regular session after the adoption of
the constitution the legislative assembly should enact
a law for submitting the matter to the choice of the
people at the next general election; and no tax should
be levied or money of the state expended for the
erection of a state house before 1865; nor should the
seat of government when established be removed for
the term of twenty years, nor in any other manner
than by the vote of the people; and all state institu
tions should be located at the capital.24
23 The clause referred to is this: * The property and pecuniary rights of
every married woman, at the time of marriage or afterwards, acquired by
gift, devise, or inheritance, shall not be subject to the debts or contracts of
the husband; and laws shall be passed providing for the registration of the
wife's separate property. ' This feature of the constitution made the wife ab
solute owner of 320 acres or less, as the case might be, and saved the family
of many an improvident man from ruin. The wife had, besides, under the
laws, an equal share with the children in the husband's estate. The princi
pal advocate of the property rights of married women was Fred Waymire,
the 'old apostle of democracy,' who stoutly maintained that the wTite had
earned in Oregon an equal right to property with her husband. See Or.
Statesman, Sept. 22, 1857.
24 With regard to the school lands which had been or should be granted to
the state, excepting the lands granted to aid in establishing a university, the
proceeds, with all the money and clear proceeds of all property that might
accrue to the state by escheat or forfeiture, all money paid as exemption from
military duty, the proceeds of all gifts, devises, and bequests made by any
person to the state for common-school purposes, the proceeds of all property
granted to the state, the purposes of which grant had not been stated, all
A POPULAR ELECTION. 427
It was ordered by the convention that, should the
constitution be ratified by the people, an election
should be held on the first Monday in June 1858 for
choosing the first state assembly, a representative in
congress, and state and county officers; and that the
legislative assembly should convene at the capital on
the first Monday of July following, and proceed to
elect two senators in congress, making also such
further provision as should be necessary to complete
the organization of a state government. Meanwhile,
the former order of things was not to be disturbed
until in due course of time and opportunity the new
conditions were established.
The 9th of November was fixed upon as the day
the proceeds of the 500,000 acres to which the state would be entitled by the
provisions of the act of congress of September 4, 1841, and five per cent of
the net proceeds of the sales of the public lands to which the state would be
entitled — should congress not object to such appropriation of the two last-
mentioned grants — should be set apart, with the interest accruing, as a sepa
rate and irreducible fund, for the support of common schools in each school
district, and the purchase of suitable libraries and apparatus. Zabriskie's Land
Laic, 657-9, 659-63, 664-7. The governor for the first five years was de
clared superintendent of public instruction; but after five years the legisla
ture might provide by law for the election of a state superintendent. The
governor, secretary of state, and state treasurer were made to constitute a
board of commissioners for the sale of school and university lands, and for
the investment of the funds arising therefrom, with powers and duties to be
prescribed by law. The university funds with the interest arising from their
investment should remain unexpended for a period of ten years, unless con
gress should assent to their being diverted to common-school purposes, as had
been requested. The act of congress admitting Oregon allowed the state to
select lands in place of these 16th and 36th sections granted in previous acts,
for school purposes, but which had in many cases been settled upon previous
to the passage of the act making the grant. It also set apart 72 sections for
the use and support of a state university, to be selected by the governor and
approved by the commissioner of the general land office, to be appropriated
and applied as the legislature of the state might prescribe, for that purpose,
but for no other purpose. The act of admission by the grant of twelve salt
springs, with six sections of land adjoining or contiguous to each, furnished
another and important addition to the common-school fund, as under the
constitution all gifts to the state whose purpose was not named were contri
butions to that fund. Deadifs Laws Or. , 1 16-1 7. Congress did not listen to the
prayer of the legislative assembly to take back the gift of the Oregon City
claim and give them two townships somewhere else in place of it. Neither
could they find any talent willing to undertake the legal contest with Mc-
Loughlin, who held possession up to the time of his death in September 1857,
and his heirs after him. Finally, to be no more troubled with the unlucky
donation, the legislative assembly of 1862 reconveyed it to McLoughlin's
heirs, on condition that they should pay into the university fund the sum of
$1,000, and interest thereon at ten per cent per annum forever.
428 OREGON BECOMES A STATE.
when the people should decide at the polls upon the
constitution and the questions accompanying it. The
interval was filled with animated discussions upon
slavery, on the rostrum and in the public prints; the
pro-slavery papers being much more bitter against
the constitution for not making Oregon a slave state
than the opposition papers for neglecting to make it
a free state. The latter gave the constitution little
support; because, in the first place, it was well under
stood that the party which formed it was bent on ad
mission, in order to retain in its own grasp the power
which a change of administration might place in the
hands of the free-soil party, under the territorial
organization, as well as because they did not wholly
approve the instrument. There was, as could only
be expected, the usual partisan acrimony in the argu
ments on either side. Fortunately the time was short
in which to carry on the contest. Short as it was,
however, it developed more fully a style of political
journalism which was not argument, but invective — a
method not complimentary to the masses to be in
fluenced, and really not furnishing a fair standard by
which to judge the intelligence of the people.
The vote on the constitution resulted in a majority
of 3,980 in favor of its adoption. There was a ma
jority against slavery of 5,082; and against free ne
groes of 7,559. The counties which gave the largest
vote in favor of slavery were Lane and Jackson.
Douglas gave a majority of 29 for slavery, while only
23 votes were recorded in the county for free negroes.
Indeed, the result of the election demonstrated the
fact that the southern sentiment concerning the black
race had emigated to Oregon along with her sturdy
pioneers. Enslaved, the negro might be endured;
free, they would have none of him. The whole
number of votes polled was only about 10,400; 7,700
voted against slavery; 8,600 against free negroes;
the remaining 1,000 or 1,100 were probably indif-
LEGISLATIVE ASSEMBLY. 429
ferent, but being conscientious republicans, allowed
the free negro to come or go like any other free man.25
The adoption of the constitution was a triumph for
the regular democratic party, which expected to con
trol the state. Whether or not congress would ad
mit Oregon at the first session of 1857-8 was doubt
ful; another year might pass before the matter was
determined. The affairs of the territory in the mean
time must go on as usual, though they should be
shaped as much as possible to meet the anticipated
change.
The legislative assembly26 met on the 17th of De
cember, and on notifying the governor, received^ a
message containing a historical review from the begin
ning. The governor approved the constitution, and
congratulated the assembly on the flourishing condi
tion of the country.
The legislature of 1857-8 labored under this disad
vantage, "not altogether new, of not knowing how to
conform its proceedings to the will of the general gov
ernment. Although not yet admitted to the union, a
™Grover'sPub. Life, MS., 53-5; Or. Laws, 1857-8, p. 41; Or. Statesman,
Dec. 22, 1857; Or. Argus, Dec. 5, 1857.
2U Members of the council: A. M. Berry, Jackson and Josephine; Hugh
D O'Bryant, Umpqua, Coos, Curry, and Douglas; *A. A. Smith, Lane and
Benton- Charles Drain, Linn; 'Nathaniel Ford, Polk and Tillamook; *Thomas
Scott Yamhill and Clatsop; Edward Sheil, Marion; A. E. Wait, Clackamas
and Wasco; 'Thomas R. Cornelius, Washington, Multnomah, and Columbia.
President of council, H. D. O'Bryant; clerk, Thomas B. Micou; assistant
clerk, William White; enrolling clerk, George A. Eades; sergeant-at-arms,
Robert Shortess; door-keeper, William A. Wright.
Members of the house of representatives: George Able, E. C. Cooley, J.
Woodsides, Marion; Anderson Cox, N. H. Cranor, H. M Brown, Linn; Ira
F M Butler Polk; Benjamin Hayden, Polk and Tillamook; *lleuben C. Hill,
•James H. Slater, Benton; *A. J. Shuck, 'William Allen, Yamhill; *H. V.
V. Johnson, Washington; 'Thomas J. Dryer, Washington and Multnomah;
'William M. King, Multnomah; 'Joseph Jeffries, Clatsop; *F. M. Warren,
Columbia; N. H. Gates, Wasco; S. P. Gilliland, F. A. Collard, George Rees,
Clackamas; J. W. Mack, John Whitaker, Lane; 'James Cole, Umpqua; A.
A. Matthews, Douglas; Kirkpatrick, Coos and Curry; H. H. Brown, Will
iam H. Hughes, Jackson; R. S. Belknap, Jackson and Josephine; J. G.
Spear, Josephine. Speaker of the house, Ira F. M. Butler; clerk, Charles
B Hand; assistant clerk, N. T. Caton; enrolling clerk, George L. Russell;
sergeant-at-arms, J. B. Sykes; door-keeper, J. Henry Brown. Or. Laws,
1857-8, p. 9-10. * Opposition.
430 OREGON BECOMES A STATE.
portion of the members were in favor of regarding
their assembly as a state body, and framing their acts
accordingly. Others thought that endless discussions
would arise as to the authority of the constitution
before its approval by congress, and were for making
only such local laws as were required. Great efforts
were made to keep the subject of slavery in the
background, lest by the divisions of the democratic
party on that issue, the democratic majority at the
first state election should be lessened or endangered.
After some miscellaneous business, and the election
of territorial officers,27 the assembly adjourned Decem
ber 19th to meet again on the 5th of January. On
the day of the adjournment the democratic central
committee held a meeting to arrange for a state con
vention, at which to nominate for the June election in
1858.
At the election of 1858 there were three parties
in the field, Oregon democrats, national democrats,23
and republicans.29 The national faction could not get
beyond a protest against tyranny. It nominated J.
K. Kelly for representative in congress, and E. M.
Barnum for governor.30 The republicans nominated
an entire ticket, with John R. McBride for congress
man and John Denny for governor. Feeling that
27 Most of the old officers were continued; Joseph Sloan was elected super
intendent of the penitentiary. Or. Statrsman, Dec. 22, 1857.
28 The nationals were the few too independent to submit to leaders instead
of the people. Their principal men were William M. King, Nathaniel Ford,
Thomas Scott, Felix A. Collard, Andrew Shuck, George Rees, James H.
Slater, William Allen, and S. P. Gilliland.
29 The platform of the republican party distinctly avowed its opposition
to slavery, which it regarded as a merely local institution, one which the found
ers of the republic deprecated, and for the abolition of which they made
provisions in the constitution. It declared the Kansas troubles to be caused
by a departure from the organic act of 1787, for the government of all the
territory then belonging to the republic, and which had been adhered to
until 1854, since which a democratic administration had endeavored to force
upon the people of Kansas a constitution abhorrent to their feelings, and to
sustain in power a usurping and tyrannical minority — an outrage not to be
borne by a free people. It called the Dred Scott decision a disgrace, and
denounced the democratic party generally. Or. Argus, April 10, 1858.
30 The remainder of the ticket was E. A. Rice for secretary; J. L. Brom
ley, treasurer; James O'Meara, state printer.
DEMOCRATIC VICTORY. 431
the youth and inexperience of their candidate for
congress could not hope to win against the two demo
cratic candidates, the republicans, with the consent of
McBride, voted for Kelly, whom they liked, and
whom they hoped not only to elect, but to bring over
to their party.31
Meanwhile, though Kelly ran well, the thorough
organization of the democratic party secured it the
usual victory; Grover was elected state representa
tive to congress; John Whiteaker, governor; Lucien
Heath, secretary; J. D. Boon, treasurer; Asahel Bush,
state printer; Deady, Stratton, Boise*, and Wait,
judges of the supreme court ; A. C. Gibbs, H. Jackson,
D. W. Douthitt, and B. Hayden, attorneys for the
1st, 3d, 4th, and 5th districts. The only republican
elected for a state office was Mitchell, candidate for
prosecuting attorney in the 2d district.32 The state
31 The remainder of the republican ticket was Leander Holmes, secretary;
E. L. Applegate, treasurer; D. W. Craig, state printer; C. Barrett, judge of
the 1st district, John Kelsay of the 2d, J. B. Condon of the 3d, and Ainory
Hoi brook of the 4th; prosecuting attorneys, in the same order, beginning with
the 2d district, M. W. Mitchell, George L. Woods, W. G. Langford, and Bren-
nan. It was advocated in secret caucus to send to California for E. D.
Baker to conduct the canvass, and speak against the array of democratic
talent. The plan was not carried out, but home talent was put to use. In
this campaign E. L. Applegate, son of Lindsey and nephew of Jesse Apple-
gate, first made known his oratorical abilities. His uncle used to say of him
that lie got his education by reading the stray leaves of books torn up and
thrown away on the road to Oregon. He was however provided with that
general knowledge which in ordinary life passes unchallenged for education,
and which, spread over the surface of a campaign speech, is often as effective
as greater erudition. Another who began his public speaking with the forma
tion of the republican party in Oregon was George L. Woods. His subsequent
success in public life is the best evidence of his abilities. He was cousin to John
R. McBride, the candidate for congress. Both were friends and neighbors of
W. L. Adams, and the three, with their immediate circle of relatives and
friends, carried considerable weight into the republican ranks. Woods was
born in Boone co., Mo., July 30, 1832, and came to Oregon with his father,
Caleb Woods, in 1847. The family settled in Yamhill co. In 1853 he mar
ried his cousin Louisa A. McBride; their children being two sons. Woods
was self-educated; reading law between the labors of the farm and carpen
ter's bench. His career as a politician will appear in the course of this
history.
32 The office of state printer, so long held by Bush, was only gained by
400 majority — the lowest of any. It was not Craig, however, who divided
the votes with him so successfully, but James O'Meara, the candidate of the
national democrats, who came from California to Oregon in 1857. In the
spring of 1858 O'Meara succeeded Alonzo Leland as editor of the Democratic
Standard.
432 OREGON BECOMES A STATE.
legislature consisted of twenty-nine democrats and five
republicans in the lower house, and twelve democrats
and four republicans in the senate.33 According to
the constitution, the first state legislature was required
to meet on the first Monday in July 1858, and pro
ceed to elect two senators to congress, and make such
other provision as was necessary to complete the or
ganization of a state government. In compliance with
this requirement, the newly elected legislature met
on the 5th of July, and chose Joseph Lane and De-
lazon Smith United States senators.34 On the 8th
the inauguration of Governor Whiteaker took place,
Judge Boise administering the oath.35 Little business
was transacted of a legislative nature. A tax of two
33 Senate: Marion county, J. W. Grim, E. F. Colby; Yamhill, J. Lam-
son; Clackamas and Wasco, J. S. Ruckle; Polk, F. Waymire; Linn, Luther
Elkins, Charles Drain; Lane, W. W. Bristow, A. B. Florence; Umpqua,
Coos, and Curry, D. H. Wells; Jackson, A. M. Berry; Josephine, S. R.
Scott; Washington, Columbia, Clatsop, and Tillamook, *T. R. Cornelius;
Multnomah, *J. A. Williams; Benton, *John S. Mclteeney; Douglas, *J. F.
Gazley. House: Clatsop and Tillamook, R. W. Morrison; Columbia and
Washington, Nelson Hoyt; Multnomah, A. D. Shelby, *T. J. Dryer; Clack
amas, A. F. Hedges, B. Jennings, D. B. Hannah; Wasco, Victor Trevitt;
Polk, B. F. Burch, J. K. Wait; Marion, B. F. Harding, B. F. Bonham, J.
H. Stevens, J. H. Lassater; Linn, N. H. Cranor, E. E. Mclninch, T. T.
Thomas, John T. Crooks; Lane, R. B. Cochran, A. S. Patterson, A. J. Cru-
zan; Umpqua, J. M. Cozad; Douglas, Thomas Norris, *A. J. McGee; Coos
and Curry, William Tichenor; Jackson, Daniel Newcomb, W. G. T'Vault,
*J. W. Cully; Josephine, D. H. Holton; Washington, *Wilson Bowlby;
Yamhill, *A. Shuck, J. C. Nelson (resigned); Benton, J. H. Slater, H. B.
Nichols. Luther Elkins was chosen president of the senate and W. G.
T'Vault speaker of the house. * Republicans.
31 Lane wrote from Washington, May 18, 1858, soliciting the nomination,
and promising to do much if elected; declaring, however, that he did not
wish a seat in the senate at the expense of harmony in the democratic party.
He added a postscript to clinch the nail. 'Dear Bush — The bill for the ad
mission of Oregon has this moment passed the senate, 35 to 17. All right in
the house. Your friend, Lane.' Or. Statesman, June 29, 1858. Notwith
standing the promises contained in this letter, and the bait held out by ad
dendum, Lane made no effort to get the bill through the house at that ses
sion. He wished to secure the senatorship, but he was not anxious to
have Oregon admitted until the time was ripe for the furtherance of a scheme
of the democratic party, into which the democrats of Oregon were not yet
admitted.
35 John Whiteaker was born in Dearborn co. , Ind. , in 1820. He came to the
Pacific coast in 1849, and to Oregon in 1852. San Jos6 Pioneer, Dec. 21, 1878.
His early life was spent on a farm in his native state. At the age of 25 he
married Miss N. J. Hargrove, of 111., and on the discovery of gold in Cal.
came hither, returning to 111. in 1851 and bringing his family to Oregon. He
settled in Lane county in 1852, where he was elected county judge. He was
a member of the legislature of 1857. Representative Men of Oregon, 178.
EFFORTS FOR ADMISSION. 433
mills on a dollar was levied to defray current expenses;
and an act passed to regulate the practice of the
courts; and an act appointing times for holding
courts for the year 1858. 86 These laws were not
to take effect until the state was admitted into the
Union.
Four weeks of suspense passed by, and it became
certain that Oregon had not been admitted. The war
debt had made no advancement toward being paid.
The records of congress showed no effort on the part
of Lane to urge either of these measures, neither did
he offer any explanation; and it began to be said that
he was purposely delaying the admission of Oregon
until the next session in order to draw mileage as
both delegate and senator. It was also predicted
that there would be difficulty in procuring the ad
mission at the next session, as congress would then
be disposed to insist on the rule recently established
requiring a population of 93,000 to give the state
a representative ; but it was hinted that if the senators
and representative elect should be on the ground at
the convening of congress, there would still be hope.
36 This was in reference to a law of congress passed in Aug. 1856, that
the judges of the supreme court in each of the territories should fix the
time and places of holding courts in their respective districts, and the dura
tion thereof; providing, also, that the courts should not beheld in more than
three places in any one territory, and that they should adjourn whenever in
the opinion of the judges their further continuance was unnecessary. This
was repaying Oregon for her course toward the federal judges, and was held
to work a hardship in several ways. Lane was censured for allowing the act
to pass without a challenge. However, to adjust matters to the new rule,
the legislature of 1856-7 passed an act rearranging the practice of the courts,
and a plaintiff might bring an action in any court most convenient; witnesses
not to be summoned to the district courts except in admiralty, divorce, and
chancery, or special cases arising under laws of the U. S. ; but the district
courts should have cognizance of offences against the laws of the territory in
bailable cases; and should constitute courts of appeal — the operation of the
law being to place the principal judicial business of the territory in the county
courts. Or. Laws, 1856-7, p. 17-23. Another act was passed requiring a
single term of the supreme court to be held at Salem on the 6th of Aug.,
1857, and on the first Monday in Aug. annually thereafter; and repealing
all former acts appointing terms of the supreme court. The object of this
act was to put off the meeting of the judges at the capital until after the ad
mission of Oregon, thus rendering inoperative the law of congress — as Smith
explained to the legislature at the time of its passage. But it happened that
Oregon was not admitted in 1857, which failure left the U. S. courts in sus
pense as to how to proceed; hence the action of this legislature.
HIST. OB., VOL. II. 28
434 OREGON BECOMES A STATE.
Acting upon this suggestion, Grover and Smith set
out for the national capital about the last of Septem
ber, to hasten, if possible, the desired event.37 At
this trying juncture of affairs, Lane gave advice,
which the Statesman had the good sense to discounte
nance, that the state, having been organized, should
go on as a state, without waiting for the authority of
congress. He was afterward accused of having done
this with a sinister motive, to bring Oregon into the
position of a state out of the union.
It was determined not to hold the September term
of the state legislature, which might bring nothing
but debt. A few of the members went to Salem at
the time appointed, but they adjourned after an in
formal meeting. It now became certain that there
must be a session of the territorial assembly at the
usual time in December and January, as the territo
rial government must go on during the suspension of
the state government. Accordingly, on the 6th of
December, the members of the territorial legislature,
who had been elected at the same time with the state
legislature to provide against the present contingency,
assembled at Salem and proceeded to the usual busi
ness.38
« Oraver'a Pub. Life, MS., 71.
38 Council: Jackson and Josephine, A. M. Berry; Umpqua, Coos, Curry,
and Douglas, Hugh D. O'Bryant; Lane and Benton, James W. Mack; Linn,
Charles Drain; Polk and Tillamook, *N. Ford; Yamhill and Clatsop, George
H. Steward; Marion, Samuel Parker; Clackamas and Wasco, A. E. Wait;
Washington, Multomah, and Columbia, *Thos R. Cornelius. House: Marion,
B. F. Bonham, J. H. Stevens, J. H. Lassater; Linn, N. H. Cranor, E. E.
Mclninch, John T. Crooks; Polk, Isaac Smith; Polk and Tillamook, H. N.
V. Holmes; Benton, * James H. Slater, *H. B. Nichols; Yamhill, A. Zieber,
J. H. Smith; Washington, * Wilson Bowlby; Washington and Multnomah,
*E. D. Shattuck; Multnomah, *T. J. Dryer; Clatsop, *W. W. Parker; Co
lumbia, W. R. Strong; Wasco, N. H. Gates; Clackamas, A. F. Hedges, D.
B. Hannah, B. Jennings; Lane, W. W. Chapman, W. S. Jones; Umpqua,
* James Cole; Douglas, *A. E. McGee; Coos and Curry, William Tichenor;
Jackson, W. G. T'Vault, S. Watson; Jackson and Josephine, D. Newcomb;
Josephine, D. S. Holton. Officers of council: Charles Drain, president; N.
Huber, clerk; W. L. White, assistant clerk; H. H. Howard, enrolling clerk;
D. S. Herren, sergeant-at-arms; James L. Steward, door-keeper. Officers of
the house of representatives: N. H. Gates, speaker; James M. Pyle, clerk;
H. W. Allen, assistant clerk; J. D. Porter, enrolling clerk; E. C. McClane,
sergeant-at-arms; Joseph H. Brown, door-keeper. Or. Laws, 1858-9, 7-9.
^.Republican.
GOVERNOR'S MESSAGE. 435
Governor Curry's message indicated the Lane in
fluence. It contained some remarks on what the States
man called the anomaly of a territorial government,
and urged that the territorial system was uncon
stitutional, wrong in principle, and not in harmony
with the spirit of American institutions. He declared
there was no provision of the constitution which con
ferred the right to acquire territory, to be retained as
territory and governed by congress with absolute
authority; nor could the people of the United States
who chose to go out and reside upon the vacant ter-
tory of the nation, be made to yield a ready obedience
to whatever laws congress might deem best for their
government, or to pay implicit deference to the author
ity of such officers as were sent out to rule over them.
No such power, according to Governor Curry's view,
had ever been delegated to the government by the
sovereign people of the sovereign states, who alone
could confer it; and the only authority of congress
over the territories was that derived from a clause in
the constitution intended simply to transfer to the
new government the property held in common by the
original thirteen states, together with the power to'
apply it to objects mutually agreed upon by the states
before their league was dissolved. The power of en
larging the limits of the United States was by ad
mitting new states, and by that means only. It was
contended that California, which had no territorial
existence, came into the union more legitimately than
Oregon would do, because Oregon had submitted it
self to the authority of the general government.
This and more was declared, in a clear and argument
ative style, very attractive if not convincing. The
Statesman recommended it to the perusal of its read
ers, at the same time declining to discuss the ques
tion. This was only another indication of the ten
dencies of the democratic party in Oregon, as else
where. Curry's whole argument was an attack on
the validity of the ordinance of 1787, to which the
436 OREGON BECOMES A STATE.
founders of the provisional government had tenaciously
clung, and a contradiction of the spirit of all the pe
titions and memorials of their legislatures from the
beginning to the then present time. He lost sight of
the fact that the states were not such in the old-
world sense of the term, but parts of a compound
state or national confederacy; and as such subject to
some general regulations which they were bound to
obey. The doctrine that a body of the people could
go out and seize upon any portion of the territory be
longing to the whole union, and establish such a gov
ernment as pleased them without the consent of the
nation, was not in accordance with any known system
of national polity. The object of introducing this
subject in an executive message under the existing
peculiar political condition of Oregon, and at a time
when his connection with territorial affairs was merely
incidental, must ever remain open to suspicion. It
was fortunate, with leading officials capable of such
reasoning, that the people had already voted upon and
decided for themselves the question which lay at the
bottom of the matter, not upon constitutional grounds,
but upon the ground of expediency.
Little was done at this session of the legislative
assembly beyond amending a few previous acts, and
passing a number of special laws incorporating mining
improvements in the southern counties, and other
companies for various purposes in all parts of Oregon.
Less than the usual number of memorials were ad
dressed to congress. An appropriation of $30,000 was
asked to build a military road from some point of inter
section on the Scottsburg road, to Fort Boise ; it being
represented that such a highway would be of great
value in moving troops between forts Umpqua and
Boise, and of great importance to the whole southern
and western portion of Oregon. A tri-weekly mail, by
stages between Portland and Yreka, was petitioned
PETITIONS TO CONGRESS. 437
for;39 and the Oregon delegate was instructed to ask
for land offices to be opened at Jacksonville and The
Dalles, for the survey of a portion of eastern Oregon,
and for the establishment of an Indian agency and
39 The Pacific Mail Steamship Company procured the removal of the dis
tributing office for Oregon from Astoria to San Francisco about 1853, as I have
before mentioned, causing confusion and delay in the receipt of mails, the
clerks in San Francisco being ignorant of the geography of Oregon, and the
system being obnoxious for other reasons. A mail arrived after the ordinary
delay at Oregon City, Dec. 21st, and lay there until Jan. 1st, with no one to
attend to forwarding the mail-bags to their proper destinations up the valley.
Such was the state of things in 1856. The legislature petitioned and remon
strated. In 1857, when Lane was in Oregon and was re-elected to congress, he
gave as a reason for not having secured a better mail service that the republi
cans had a majority in congress, when this same republican congress had ap
propriated $500,000 for an overland mail to California, which was intended to
operate as an opening wedge to the Pacific railroad; but the democrats, by way
of favoring the south, succeeded in establishing the overland mail route by the
way of El Paso in Mexico. A contract was concluded about the same time
with the P. M. S. S. Co. for carrying mails between Panamd and Astoria,
for $248,250 per annum, and the service by sea was somewhat improved, al
though still very imperfect. In the mean time the overland mail to Califor
nia was established, the first coach leaving St Louis Feb. 16, 1858. It was
some months before it was established, the second arriving at San Francisco
in October, and the first from San Francisco arriving at Jefferson, Missouri,
Oct. 9th, with six passengers, in 23 days 4 hours. This was quicker time;
than the steamers made, and being more frequently repeated was a great gain
in communication with the east for California, and indirectly benefited
Oregon, though Oregon could still only get letters twice a month.
Before 1857 there was no line of passenger coaches anywhere in Oregon.
One Concord coach owned by Charles Eae was the only stage in the Willa
mette from 1853 to 1855. A stage line from Portland to Salem was put on
the road in 1857, making the journey, 50 miles, in one day. In 1859, a mail
and passenger coach ran once a week from Salem to Eugene, and from Eu
gene to Jacksonville. Weekly and semi-weekly nwails had been carried to the
towns on the west side of the valley, Hillsboro, Lafayette, Dallas, and Cor-
vallis; but the post-office department in I860 ordered this service to be re
duced to a bi-monthly one, and that the mail should be carried but once a
week to Jacksonville and the towns On the way. 'If Lane keeps on helping
us,' said the Arf/us, 'we shall soon have a monthly mail carried on foot or in
a canoe.' On the other hand, the people were clamoring for a daily mail from
Portland to Jacksonville, with little prospect of getting it until the Califor
nia Stage Company interposed with a proposition to the postal department to
carry the mail daily overland to Oregon. This company, formed in 1853 by the
consolidation of the various stage lines in California, had a capital stock of
$1,000,000 to begin with, including 750 horses and covering 450 miles of road.
James Birch, president, was the first advocate in Washington of the over
land mail to the east, and by his persistence it was secured. In 1859-60 the
vice-president, F. L. Stevens, urged upon the department the importance of
a daily mail line overland from S. F. to Portland, and succeeded in gain
ing his point and the contract. In June 1860 the California company placed
its stock on the road as far north as Oakland, connecting there with Chase's
line to Corvallis, which again connected with the Oregon Stage Company's
line to Portland, making a through line to Sacramento in October. It
required a considerable outlay to put the road in repair for making regular
time, and at the best, winter travel was often interrupted or delayed. Then
came the great flood of 1861-2, which carried away almost all the bridges on
438 OREGON BECOMES A STATE.
military post in the Klamath Lake country.40 On
the 22d of January the legislative assembly adjourned
without having learned whether its acts were invalid,
or the state still out of the union; but not without
having elected the usual list of territorial officers.41
the line, and damaged the road to such an extent that for months no mails
were carried over it. But nothing long interrupted the enterprises of the
company. In due course travel was resumed, and in 1865 their coaches ran
400 miles into Oregon. This year the company demanded $50,000 additional
for this service, which was refused, and in 1866 they sold their line to Frank
Stevens and Louis McLane, who soon re-sold it to H. W. Corbett, K Corbett,
William Hall, A. O. Thomas, and Jesse D. Carr, and it was operated until
1869 under the name of H. W. Corbett & Co. Carr then purchased the
stock, and carried the mail until 1870, when the Cal. and Or. Coast Overland
Mail co. obtained the contract, and bought Carr 's stock. They were running
in 1881, since which period the railroad to Oregon has been completed, and
carries the mail.
The first daily overland mail from St Joseph, Missouri, to Sacramento ar
rived at that place July 18, 1861, in 17 days 4 hours, having lost but 40 hours
running time. One passenger, Thomas Miller, came directly through to Ore
gon — the longest trip by coach ever made. In consequence of the civil war,
the southern route was abandoned, and the central route by Salt Lake estab
lished, the precursor of the railroad. Indians and highwaymen caused its
discontinuance in 1862, and the government accepted the services of a regi
ment of infantry and 5 companies of cavalry to protect it between Salt Lake
and California, while the 6th Ohio cavalry kept watch on the plains east of
Salt Lake.
Contemporary with the daily overland mail was the Pony Express, a de
vice for shortening the time of important mail matter. W. H. Russell of
Missouri was the founder, and ran his ponies from the Missouri to Salt Lake,
connecting with the ponies of the overland mail from there westward. The
time made was an average of 8 days, or half the time of the coaches. In Nov.
1861, the telegraph line from the Missouri to the bay of San Francisco was
completed, though the pony express continued for some time afterward. By
the aid of telegraph and daily mail, Oregon obtained New York news in 4
days, until in 1864 a telegraph line from Portland to Sacramento had finally
done away with space, and the long year of waiting known to the pioneers
was reduced to a few hours.
40 There was a clause in the constitution which prohibited the legislature
from granting divorces, which prohibition on becoming known stimulated in
a remarkable manner the desire for freedom from marital bondage. Thirty-
one divorces were granted at this session of the territorial legislature, which
would be void should it be found that congress had admitted Oregon. For
tunately for the liberated applicants, the admission was delayed long enough
to legalize these enactments. It was said that as many more applications
were received. The churches were shocked. The methodist conference de
clared that marriage could be dissolved only by a violation of the seventh
commandment. The congregationalists drew the lines still closer, and in
cluded the slavery question. Or. Argus, July 28, 1860; Or. Statesman, Sept.
20, 1859.
41 D. Newcomb was chosen brigadier-general; George H. Steward quarter
master-general; A. L. Lovejoy commissary-general; D. S. Holton surgeon-
general; J. D. Boon treasurer; B. F. Bonham auditor and librarian. The ex
pense of the territorial government for 1858 was $18,034.70. To pay the
expenses of the constitutional convention a tax of If mills was levied on all
taxable property. Or. Laws, 1858-9, 40.
A BROKEN IDOL. 439
Before the adjournment, letters began to arrive from
Grover and Smith relative to the prospects of Oregon
for admission. They wrote that republicans in con
gress opposed the measure because the constitution
debarred free negroes from emigrating thither, as
well as because the population was insufficient, and
that an enabling act had not been passed. These
objections had indeed been raised; but the real ground
of republican opposition was the fact that congress
had refused to admit Kansas with a population less
than enough to entitle her to a representative in the
lower house, unless she would consent to come in as
a slave state; and now it was proposed to admit Ore
gon with not more than half the required population,42
arid excluding slavery. The distinction was invidious.
The democrats in congress desired the admission be
cause it would, on the eve of a presidential election,
give them two senators and one representative. For
the same reason the republicans could not be expected
to desire it. Why Lane did not labor for it was a
question which puzzled his constituents ; but it was
evident that he was playing fast and loose with his
party in Oregon, whom he had used for his own ag
grandizement, and whom now he did not admit to his
confidence. The hue and cry of politicians now be
gan to assail him. The idol of Oregon democracy was
clay!43
42 In 1856, when the subject was before congress, Lane said he believed the
territory could poll 15,000 or 20,000 votes. It had been stated in the house,
by the chairman of the committee on territories, on the 31st of Jan.
1857, that Oregon had a population of about 90,000. Cong. Globe, xxxiv. 520.
But the Kansas affair had made members critical, and it was well known be
sides that this was double the real number of white inhabitants. Gi'frei/ s Or. ,
MS 17-18; Deady's Hist. Or., MS., 39. The population of Oregon in 1858
according to the territorial census was 42,677. The U. S. census m 1800 made
it 52 416
**In the ten years since the territory had first sent a delegate to congress,
and during which at every session its legislature had freely made demands
which had been frequently responded to, the interest of congress in the Oregon
territory had declined. Then came the allegations made by the highest mil
itary authority on the Pacific coast that the people of Oregon were an organ
ized army of Indian-murderers and government robbers, in support of which
assertion was the enormous account against the nation, of nearly six million
dollars, the payment of which was opposed by almost the entire press of the
union It is doubtful if any man could have successfully contended against
440 OREGON BECOMES A STATE.
At last, amidst the multitude of oppugnant issues
End factions, of the contending claims to life and lib
erty of men — white, red, copper-colored, and black
— of the schemings of parties, and the fierce quarrols
of politicians, democrats, national and sectional, whig?,
know-nothings, and republicans, Oregon is enthroned
a sovereign state!
While all this agitation was going on over the non-
admission of Oregon, toward the close of March news
came that the house had passed the senate bill
without any of the amendments with which the
friends of Kansas had encumbered it, few republicans
voting for it, and the majority being but eleven.44
Thus Oregon, which had ever been the bantling of the
democratic party, was seemingly brought into the
union by it, as according to fitness it should have been ;
although without the help of certain republicans, who
did not wish to punish the waiting state for the prin
ciples of a party, it would have remained out indefi
nitely.45 The admission took place on Saturday, Feb-
the suspicion thus created, that the demands of Oregon were in other in
stances unnecessary and unjust. But Lane thought that Oregon's necessity
was his opportunity, and that by promising the accomplishment of a doubt
ful matter he should secure at least his personal ends. Nor was he alone in
this determination. Stephens of Georgia, a personal friend of Lane, who
was chairman of the committee on territories, was generally believed to be
withholding the report on the bill for the admission of Oregon, in. obedience
to instructions from Lane. Smith and Grover also appeared to be won over,
and were found defending the course of the delegate. These dissensions in
the party were premonitory of the disruption which was to follow.
uConrj. Globe, 1858-9, pt i. 1011, 35th cong. 2d sess.; Id., pt ii. ap. 330;
8. F. Bulletin, March 10, 1859; Deadtfs Laws Or., 101-4; Poore's Charters
and Constitutions of U. S., pt ii., 1485-91, 1507-8; Or. Laws, 1860, 28-30;
U. 8. Pub. Laws, 333-4, 35th cong. 2d sess.
45 Schuyler Colfax, in a letter to W. C. Johnson of Oregon City, made this
explanation: ' The president in his message demanded that the offensive re
striction against Kansas should be maintained, prohibiting her admission till
she had 93,000 inhabitants, because she rejected a slave constitution, while
Oregon, with her Lecompton delegation, should be admitted forthwith. And
the chief of your delegation, Gen. Lane, was one of the men who had used
all his personal influence in favor of that political iniquity, the Lecompton
constitution, and its equally worthy successor, the English bill. He, of course,
refused now to say whether he would vote in the U. S. senate, if admitted
there, to repeal the English prohibition which he had so earnestly labored to
impose on Kansas; and its political friends in the house refused also to assent
to its repeal in any manner or form whatever. This, of course, impelled
many republicans to insist that Oregon, with her Lecompton delegation, should
wait for admission till Kansas, with her republican delegation, was ready to
ADMISSION TO THE UNION. 441
ruary 12, 1859; the bill was approved by the pres
ident on Monday, the 14th, on which day Lane and
Smith presented their credentials to the senate, and
were sworn in. On drawing for their terms, Lane
with his usual good luck drew the term ending in
1861, while Smith's would expire the following month.
On the 15th Grover took his seat in the house, to
which he would be entitled only until the 3d of March.
The satisfaction which the friends of state govern
ment expected to derive from admission to the union
was much dulled by delay and the circumstances at
tending it. Party leaders had taught the people to
believe that when Oregon became a state the war
debt would be paid.46 The same leaders now declared
that after all they had gained little or nothing by it,
and were forced to solace themselves with pleasant
messages from the western states, from which had
gone forth the annual trains of men and means by
which Oregon had been erected into an independent
commonwealth.47 She had at all events come into the
union respectably, and had no enemies either north or
south.
come in with her. With a less obnoxious delegation from Oregon, the votes
of many republicans would have been different. As it turned out, however
the very men for whose interests Gen. Lane had labored so earneatly— I mean
the ultra-southern leaders— refused to vote for the admission bill although
they had the whole delegation elect of their own kidney. And it would have
been defeated but for the votes of fifteen of us republicans who thought it
better to dismthrall Oregon from presidential sovereignty, and from the sphere
of Dred Scott decisions; and even in spite of your obnoxious delegation to
admit the new state into the union, rather than remand it to the condition
of a slave-holding territory, as our supreme court declares all our territories
to be. Hence, if there is any question raised about which party admitted
Oregon you can truthfully say that she would not have been admitted but
tor republican aid and support; republicans, too, who voted for it not through
the influence of Gen. Lane and Co., but in spite of the disfavor with which
they regarded them.' Or. Argus, May 28, 1859; See U. 8. H. Rept, 123, vol.
i., 3oth cong. 2d sess.
*6See comments of Boston Journal, in Or. Argus, Sept. 24 1859
Kansas City, Missouri, on the 4th of July, 1859, attached the new star
representing Oregon to its flag amidst a display of enthusiasm and self-aggran-
CHAPTEK XVIII.
POLITICS AND PATRIOTISM.
1859-1861.
APPOINTMENT OF OFFICERS OF THE UNITED STATES COURT— EXTRA SES
SION OF THE LEGISLATURE — ACTS AND REPORTS — STATE SEAL — DELA-
ZON SMITH — REPUBLICAN CONVENTION — NOMINATIONS AND ELECTIONS
— RUPTURE IN THE DEMOCRATIC PARTY — SHEIL ELECTED TO CONGRESS
— SCHEME OF A PACIFIC REPUBLIC — LEGISLATIVE SESSION OF 1860 —
NESMITH AND BAKER ELECTED U. S. SENATORS — INFLUENCE OF SOUTH
ERN SECESSION — THAYER ELECTED TO CONGRESS — LANE'S DISLOYALTY
— GOVERNOR WHITEAKER — STARK, U. S. SENATOR — OREGON IN THE
WAR — NEW OFFICIALS.
THE act of congress extending the laws and judicial
system of the United States over Oregon, which
passed March 3, 1859,1 provided for one United States
judge, at a salary of twenty-five hundred dollars per
annum, Matthew P. Deady being chosen to fill this
office.2 Late in 1858 Williams had been appointed chief
justice of the territory, with Boise associate justice, and
Walter Forward3 of Marion county United States mar
shal, McCracken having resigned. On the 20th of
May the judges elect of the supreme and circuit courts
1 U. S. Pub. Laws, 437, 35th cong. 2d sess.
2Groversays that Hendricks of Indiana, who was then commissioner ol
the general land office, and was afterward U. S. senator for 6 years, and a
candidate for the vice-presidency, was among the applicants for the place,
and personally his preference, but that the Oregon people were opposed to
imported officers, and hence he recommended Deady. Pub. Life in Or., MS.,
57. It was said at the time that Lane made the recommendation to keep
Deady out of his way in future elections. However that might be, the ap
pointment was satisfactory, and Judge Deady has done much to support the
dignity of the state, and to promote the growth of moral and social institu
tions.
3 He was a nephew of Walter Forward of Penn. and of Jeremiah Black
U. S. atty-gen. Amer. Almanac, 1857-9; Or. Statesman, Dec. 21, 1858.
(442)
ORGANIZATION OF THE COURTS. 443
met at Salem to draw lots for their terms of office,
Boise and Stratton getting the six years and Wait
the four years term, which made him, as holder of
the shorter term, by the provisions of the constitu
tion, chief justice. The vacancy created by Deady's
appointment was filled by P. P. Prim of Jackson
county.4 Andrew J. Thayer was appointed United
States district attorney in place of W. H. Farrar, and
Forward continued in the office of marshal until Sep
tember, when Dolph B. Hannah was appointed in his
place. Joseph G. Wilson received the position of
clerk of the supreme court,5 and J. K. Kelly was
made attorney for the United States.
The supreme judges not being able to determine
whether their decisions would be valid under the act
passed by the state legislature before the admission
of Oregon, Governor Whiteaker convened the legisla
ture on the 16th of May, which proceeded to complete
the state organization and regulate its judiciary.
Among the acts passed was one accepting certain
propositions made by congress in the bill of admission.
By this bill, in addition to the munificent dowry of
lands for school and university purposes, the state
received ten entire sections of land to aid in complet
ing the public buildings, all the salt springs in the
state, not exceeding twelve in number, with six sec
tions of land adjoining each, with five per cent of the
net proceeds of the sales of all public lands lying
within the state to be applied to internal improve
ments; in return for which the state agreed that non
residents should not be taxed higher than residents,
and the property of the United States not at all; nor
should the state in any way interfere with the primary
disposal of the soil by the United States, or with any
regulations which congress might find necessary for
* Prim's Judicial A fairs, MS., 11; Ashland Tidings, June 7, 1878. The
district court held its sessions in the methodist church in Jacksonville. Or.
Argu*, Nov. 22, 1856; Overland Monthly, xiv. 377-81.
5 Or. Reports, ii. 8-9. Deady made him special U. S. attorney m the
spring of 1860.
444 POLITICS AND PATRIOTISM.
securing title in the soil to bona fide purchasers.6 A
few acts, general and special, were passed,7 among
others, one providing for the seal of the state of Ore
gon,8 and one for a special election to be held on the
27th of June for the choice of a representative to
congress, after which the legislature adjourned.
One thing they had failed to do, its omission being
significant — they had not elected Delazon Smith to
return to the' United States senate. Rather than do
that, they preferred to leave his place vacant, which
they did, Smith having shown himself while in Wash
ington not only an adherent of Lane, dethroned, but a
man altogether of whom even his party was ashamed.9
Of their representative Grover, there was much to
be said in his praise. His speeches were impressive,
full of condensed facts, and he conducted himself in
such a way generally as to command respect. It was
said that there was more culture and ability in the one
representative than in the two senators. But it was
not upon fitness, but party requirements, that he had
been elected ; and before he had returned to offer him
self for reelection, new issues had arisen, and another
man had been nominated in his place. Thus both of
the men, prime favorites of the democratic party in
Oregon, returned to the new state after less than one
month of congressional honors, to find that their gains
were only pecuniary.19
GGen. Laws Or., 1859, 29-30.
7 An act providing for the election of presidential electors, and to pre
scribe their duties. An act providing for the registration of the property of
married women, according to the constitution. An act providing for the
leasing of the penitentiary. An act raising the state tax to two mills on a
dollar, etc.
8 ' The description of the seal of the state of Oregon shall be an escutcheon
supported by thirty-three stars divided by an ordinary, with the inscription
"The Union."' In chief — mountains, an elk with branching antlers, a
wagon, the Pacific ocean, on which is a British man-of-war departing and an
American steamer arriving. The second quartering with a sheaf, plough and
pick-axe. Crest, the American eagle. Legend, State of Oregon. Deady's
Laws Or., 496-7.
9 They used to call him Delusion Smith.
10 The men put in nomination at the democratic convention in April were
W. W. Chapman, George L. Curry, George H. Williams, L. F. Grover, and
Lansing Stout. The contest was between Stout and Grover, and Stout
received 7 more votes in convention than Grover. Lansing Stout, lawyer,
REPUBLICAN PLATFORM. 44
On the 21st of April the republicans met in con
vention and brought out their platform ; which was, in
brief, devotion to the union, and the right of inde
pendent action in the states, subject only to the con
stitution of the United States; declaring the wisdom
of the constitution in relation to slavery, yet opposed
to its extension ; recognizing the fact that the consti
tution vested the sovereignty of the territories in
congress, yet not forgetting that congress might dele
gate the exercise of that sovereignty partly or wholly
to the people of the territories, and favoring such
delegation so far as consistent with free labor and
good government. It declared the intervention of
congress for the protection of slavery in the territo
ries, demanded by leading democrats, a gross infrac
tion of popular and national rights, which should be
resisted by free men. It was opposed to placing large
sums of money in the hands of the executive with
authority to purchase territory as he chose without
the consideration of congress; and while welcoming
those of the white race who came to the United
States to enjoy the blessings of free institutions, held
that the safety of those institutions depended upon
the enforcement of the naturalization laws of the
country. These were the real points at issue. But
in order to add strength to the platform, it was
resolved by the convention that the interests of Ore
gon, as well as the whole union, demanded the passage
of the homestead bill,11 and the speedy construction
of the Pacific railroad. Internal improvements of a
national character, a tariff sufficient to meet the cur
rent expenses of the government which should dis
criminate in favor of home industry, a free gift of a
was a native of N. Y., came to Cal. in 1852, and was elected to the legislature
in 1855. He afterward removed to Portland and was elected county judge.
He had ability, particularly in the direction of politics. He died in 1871 at
the age of 43 years. Walla Walla Statesman, March 11, 1871; Olympia Wash.
Standard, March 11, 1871.
11 This had been before congress at the last session, Lane voting against
it. This fact was used by the republicans against him; and it is difficult to
understand his motive, unless it was simply to oppose northern senators.
446 POLITICS AND PATRIOTISM.
home to him who would cultivate and defend it, were
announced as the measures which the republican party
pledged itself to support. Lastly, congress was ear
nestly invoked to pay the war debt of Oregon, not
holding responsible the people for any errors or mis
conduct of officers or individuals, whether truly or
falsely alleged.
On proceeding to ballot for congressmen, the names
of David Logan, B. J. Pengra, and W. L. Adams
were presented, Logan receiving a majority of thir
teen over Pengra. Delegates were chosen to attend
the national republican convention of 1860, who were
instructed to vote for W. H. Seward for presidential
candidate ; but in case this were not expedient, to use
their discretion in selecting another.12
The republican party of Oregon was now fairly
launched on the unknown sea of coming events.
Logan was admitted by his opponents to be the
strongest man of his party, one possessed of positive
qualities, and an eloquent and satirical orator. He
had, however, certain moral defects which dimmed
the lustre of his mental gifts, and always stood in
the way of his highest success. How near he came
to a victory, which would have been unprecedented,
Stout's majority of only sixteen votes pointedly illus
trates.13
Anything so near a republican triumph had not
been anticipated, and both parties were equally aston
ished.14
12 The delegates were W. Warren, Leander Holmes, and A. G. Horey.
13 Stout's election was questioned on account of some irregularity, but
Logan failed to unseat him.
uThe county of Marion, hitherto solidly democratic, gave Logan nearly
8(K) majority. Linn, the home of Delazon Smith, gave Stout but 100 ma
jority; Polk, the home of Nesmith, gave 30 majority for Stout; Lane gave a
majority of 20 for Logan. Multnomah, Clatsop, Washington, Yamhill, and
Tillamook, all went for Logan. The southern counties generally went for Stout,
and saved the democratic party in the Willamette Valley from defeat; for al
though they contained some of the strongest opponents of the democracy, the
majority were intensely devofed to Lane, and they had not had the lighten his
recent course in congress which had been given by the Statesman to the north
ern counties.
LANE FOR PRESIDENT.
And now Joseph Lane aspired to the presidency of
the United States. Pending the meeting of a demo
cratic convention in November, which was to elect
delegates to the national convention at Charleston,
Grover and Curry made speeches throughout the
state, the object of which was to obtain the nomina
tion to the vacant senatorship; but dissensions in the
party had gone too far to afford a hope of either
being chosen by the next legislature. The mutual
abuse heaped upon each other by the partisans of
the two factions only contributed to widen the breach
and complete the disruption of the party. The tyran
nical and prescriptive course of the old Lane-Bush
democracy was now practised by the Lane-Stout de
mocracy. In 1858 the Statesman had upheld the
measure of making Lane's majority the basis of ap
portionment in the several counties. In 1859 the
central committee, following this example, declared
that Stout's majority should be the basis of appor
tionment for delegates to the November convention.
A general protest followed, the counties sending as
many delegates as they thought fit. Only four were
admitted from Marion, which sent ten, and eight
counties withdrew,15 resolving not to elect delegates
to the Charleston convention, but simply to pledge
themselves to support the national nominee.
Upon the withdrawal of this body of delegates, the
delegates of the eleven remaining counties made known
their instructions concerning the presidental candidate,
when it was found that Josephine county had named
Stephen A. Douglas, and Yamhill Daniel S. Dickin
son. Other counties refused to nominate Lane. In
this embarrassing position those who had so deter
mined, guided by L. F. Mosher, Lane's son-in-law,
cut the gordian knot by moving to appoint a com
mittee to report delegates to the national convention
with instructions, which was done. The report of
the committee named Joseph Lane, Lansing Stout,
15 Marion, Polk, Wasco, Clatsop, Washington, Umpqua, Coos, and Curry.
448 POLITICS AXD PATRIOTISM.
and Matthew P. Deady delegates, with John K. Lam
erick, John F. Miller, and John Adair as alternates;
with instructions to use all their influence to procure
the nomination in the Charleston convention of Jo
seph Lane for the presidency. Blinded by partisan
zeal and the dangerous flattery of southern men and
women, Lane had staked all on this desperate hazard;
while the unwise action of his friends in allowing eight
counties to be driven out of the Eugene convention
apparently deprived him of any reasonable expecta
tion of carrying his own state should he receive such
nomination.16
Under the state constitution the legislature and
state officers were to be elected biennially on the first
Monday in June. The first election having been
held in 1858, there could be no other before June
1860; therefore, after the democratic convention of
November, the people might have enjoyed exemption
from the noise of politics had it not been that a cloud
of party journals had fallen upon the land.17 The only
16 Sacramento Union, in Or. Statesman, Jan. 17, 1860.
17 Concerning the newspapers which sprung into existence about the time
of the admission of Oregon, I have gathered the following chiefly from the
Statesman, Ar>/us, and Oregonian. Many of them had a brief existence, or
so frequently changed their titles that it is difficult to follow them. Early
in 1858 the Democratic Standard, which was established by Alonzo Leland
in 1854, changed hands, and was edited by James O'Meara, as we have seen.
It suspended in January 1859, but resumed publication in February. Not
long after, the press was removed to Eugene City, where a paper called the
Democratic Herald was started by Alex. Blakely, to be devoted to the inter
ests of the Lane democracy. It survived but one year. Previously to
this removal to Eugene, there had been a neutral paper published at that
place called the Pacific, Journal. This paper was purchased in 1858 by
B. J. Pengra, and published as a republican journal under the name of
The People's Press. A semi- weekly, called the Franklin Advertiser, was
for a short time published in Portland by S. J. McCormick. Subsequently,
in 1859, Leland of the Standard stated a paper at Portland, called the
Daily Advertiser, 'got up as the Standard was, to crush out the Salem
clique.' It was pro-slavery and anti-Bush. After running a few mouths
it passed into the hands of S. J. McCormick as publisher, Leland withdraw
ing from the editorial chair. Geo. L. Curry became connected with it,
when it was enlarged and published weekly as well as daily, McCormick in
troducing a steam press into his printing establishment. Previous to starting
the Advertiser Leland had established the Daily News, the first daily paper
in Oregon, in connection with S. A. English & Co., publishers. Hardly had
it begun before it passed into the editorial charge of E. D. Shattuck, and a
little later into the hands of W. D. Carter. The News then published a
weekly, independent in politics, which had a brief existence. In December
NOMINATING CONVENTIONS. 449
good thing that could be said of them was that they
provoked free criticism of themselves, and were thus
instrumental in emancipating the thought of the
people.
A democratic convention for the nomination of a
representative was called, to meet at Eugene in April,
the call being declined by Marion, Clatsop, Curry,
Washington, Polk, and Tillamook. George K. Sheil
was nominated,18 and the convention adjourned with
out choosing candidates for presidential electors, which
was a part of the business. Two days later the re
publicans held a convention, at which delegates from
seventeen counties were present. At* this meeting
I860 the Portland Daily Times issued one or two numbers, and suspended.
It was revived in 1861, and supported the government. In the latter part
of 1860 Henry L. Pittock, the present publisher of the Oregonian, purchased
that paper, and started a daily, which appeared for the first time Feb. 4, 1861.
In 1859 a journal called the Roseburg Express was published in Roseburg, on
the press of the Chronicle of Yreka, L. E. V. Coon & Co. publishers, which
ran for a year and failed. Corvallis had had, after the removal of the States
man, the Occidental Messenger and Democratic Crisis, both of which were
dead in 1859. T. H. B. Odeneal was publisher of the latter. In place of
this a secession paper called The Union was being issued in 1860 by J. H.
Slater. In 1859 W. G. T' Vault withdrew from the Jacksonville Sentinel,
selling to W. B. Treanor & Co., who employed the ubiquitous O'Meara as ed
itor until 1861, when he was succeeded by Dellinger and Hand. About the
beginning of 1859 The Dalles Journal was established by A. J. Price, after
ward controlled by Thomas Jordan, an army officer, whose interference with
state politics was not regarded with favor. It passed into the hands of W.
H. Newell in 1861, who started The Mountaineer. About the close of 1859,
Delazon Smith caused the Oregon Democrat to be established at Albany for
his own purposes. It was published by Shepard, made war on the Salem
clique, and sustained Lane. Early in 1861 it was taken in charge by P. J.
Malone, an able writer, and in 1865 became the State Rights Democrat, with
O'Meara for editor. The Pacific Christian Advocate was removed from Salem
to Portland about this time, its editor, Thomas H. Pearne taking great inter
est in politics. In fact, no paper could gain a footing without politics; and
with the exception of the Oregonian, Argus, and People's Press, every paper
in the state was democratic. At Roseburg the Oregon State Journal was
started in June 1861 on the materials of the Roseburg Express, which had
not been long in existence. In August 1861 O'Meara and Pomeroy began
the publication of the Southern Oregon Gazette, a secession journal, which
lived but a brief period. As an evidence of the increased facilities for print
ing, it might be here mentioned that T. J. McCormick, who was the pub
lisher of the first literary magazine in Oregon, styled the Oregon Monthly
Magazine, in 1852, and the Oregon Almanac, in the spring of 1859, published
in good style a novel of 350 pages by Mrs Abigail Scott Duniway, called
Captain Gray's Company. The Statesman was first published on a power
press, May 17, 1859. After this printing improved rapidly, and newspapers
multiplied. The first daily Statesman was published July 20, 1864.
18 The other candidates before the convention were J. K. Kelly, S. F.
Chadwick, John Adair, and J. H. Reed. Or. Statesman, April 24, 1860.
HIST. OB., VOL. II. 29
450 POLITICS AND PATRIOTISM.
spoke E. D. Baker,19 a prominent politician, who came
from California, where his star was not propitious, to
Oregon, where he hoped to have a finger in the new
politics. He made many speeches during the summer
campaign, Logan being again the republican candi
date for congress, the Seward plank in their platform,
however, being abandoned. Nesmith took the field
against Shell, while Kelly, who had returned to his
party, Smith, and Sheil himself, advocated the prin
ciples of the southern democracy. Whatever the
cause, there was a slight reaction from the congres
sional campaign of 1859, and Sheil received a major
ity over Logan of 104 votes, while the legislature
was more solidly democratic than at the last election.20
The election was not long past when the final news
was received of the proceedings of the Charleston and
Baltimore conventions, the secession of the extreme
southern states, and the nomination by them of Lane
to tho vice-presidency, causing a strong revulsion of
feeling among all of the democratic party not strongly
pro-slavery in principle.
Oregon was still less prepared to receive a scheme
of government said to be entertained by the senators
of the Pacific coast, which was to establish a slave-
holding republic, on the plan of an aristocracy similar
to the ancient republic of Venice, which, while pro
viding for an elective executive, vested all power in
hereditary nobles,21 repudiating universal suffrage.
19 Born in London in 1811; came to America in 1816; learned cabinet-
making, and in 1828 went to Carrollton, 111., where he began the study of
law. In 1832 he was major in the Black Hawk war. For ten years he was
a member of the 111. legislature, and in 1845 of the U. S. house of represent
atives. During that year he raised a regiment for the Mexican war and
joined Taylor at the Rio Grande. In Dec. 1846 he returned, made a speech
on the war in congress, after which he resigned and went back to Mexico,
where he participated in the capture of San Juan de Ulua and the battle of
Cerro Gordo; taking the command in that battle after the wounding of Gen.
Shields. The state of Illinois presented him with a sword. In 1849 he was
again elected to congress; and in 1851 he undertook some work on the Pan
ama railway, but was driven by the fever to Cal. in 1852, where he practised
law and made political speeches. Or. Argus, Jan. 4, 1862.
20 There was an increase in the poll of 1,823 since June, 1859. Or. States
man, June 26, 1860.
21 It was the common belief that Gwin of California was at the bottom of
PROJECTS OF LANE AND GWIN. 451
Labor was to be performed by a class of persons from
any of the dark races, invited to California, and sub
sequently reduced to slavery. Such was the bold and
unscrupulous scheme to which Lane had lent himself,
the discovery of which caused mingled indignation
and alarm. The alarm was not lest the plan should
succeed, but lest an internecine war should be forced
upon them to prevent its success. But this was not
all. The war debt still remained unpaid. The next
congress would be largely republican. Oregon was
democratic, and with such a record — of having voted
in the Charleston convention for secession — how was
the payment of that debt to be secured? It was thus
the people reasoned, while those whose places depended
upon the will of the administration, now openly in
sympathy with the seceders, were deeply troubled
what course to pursue in the approaching crisis. In
the mean time, the republican national convention at
Chicago had nominated to the presidency Abraham
Lincoln, and the keenest interest was felt throughout
the union in an election which was to decide the fate
of the nation. For it was well understood that if the
republicans carried the country against Douglas, as
the Breckenridge and Lane nomination seemed to
promise, and as it was believed to be intended, the
south would make that a pretext for disunion.
As soon as the full results of the Charleston, Bal
timore, and Washington conventions became known,
a meeting of the state democratic central committee
was held at Eugene City, which, having a majority
of Lane democrats, proceeded to indorse the Breck
enridge and Lane nominations. This action alarmed
this scheme. Should the southern states succeed in withdrawing from the
union and setting up a southern confederacy, and could a line of slave terri
tory be kept open from Texas to the Pacific, the Pacific coast would combine
with the south. But in view of the probable wars in which the aggressive
policy of the southern states was likely to involve their allies, Gwin was in
favor of a separate empire or republic. The plan pointed out the means of
procuring slaves, which was to invite the immigration of coolies, South Sea
Islanders, and negroes, who were to be reduced to slavery on their arrival.
It was the discovery of this conspiracy which gave the California senator the
title of Duke Gwin. 8. F. Times, in Or. Statesman, Dec. 10, 1860.
452 POLITICS AND PATRIOTISM.
the opposite faction, which called a convention to pro
test against the indorsement, and to nominate presi
dential electors, to be held in September. The
convention was fully attended, indorsed the Douglas
platform, declared the Oregon democracy loyal to the
union of the states, denouncing secession. Anything
so earnest and unsectional had not been enunciated
by the Oregon democracy in all its previous history.
Comparing their new platform with that of the repub
licans, there was no essential difference.22
On the 10th of September the legislature met at
Salem, and the preponderance of Lane men among
the democrats caused a fusion between the Douglas
democrats and the republicans, which gave the fusion -
ists a majority in the house of twenty-one to fifteen.23
An attempt to organize in the senate was defeated by
the difficulty of electing a president, the Douglas men
having nominated Tichenor, and the Lane men Elkins,
another Douglas democrat; and the vote standing
seven to seven without change for the first day. On
the morning of the second day it was discovered that
six senators, Berry, Brown, Florence, Fitzhugh, Mon
roe, and Mclteeney, had left Salem, and were keep
ing in concealment, with the intent to defeat the
election of United States senators, which in the then
impending crisis was of unusual importance. The
22 See republican state platform, in Or. Argus, Aug. 25, 1860.
23 Senators: Clackamas and Wasco, J. K. Kelly; Multnomah, J. A. Will
iams; Washington, Columbia, Clatsop, and Tillamook, Thos R. Cornelius;
Yamhill, J. R. McBride; Polk, William Taylor; Marion, J. W. Grim, E. F.
Colby; Linn, Luther Elkins, H. L. Brown; Lane, A. B. Florence, James
Monroe; Benton, J. S. Mclteeney; Douglas, Solomon Fitzhugh; Umpqua,
Coos, and Curry, William Tichenor; Josephine, D. S. Holton; Jackson, A.
M. Berry. Representatives: Wasco, Robert Mayes; Multnomah, A. C.
Gibbs, B. Stark; Clatsop and Tillamook, C. J. Trenchard; Columbia and
Washington, E. Conyers; Washiggton, Wilson Bowlby; Clackamas, A. Hoi-
brook, W. A. Starkweather, William Eddy; Yamhill, S. M. Gilmore, M.
Crawford; Marion, B. F. Harding, S. Parker, C. P. Crandall, R. Newell;
Polk, Ira F. M. Butler, C. C. Cram; Linn, B. Curl, A. A. McCally, J. P. Tate,
J. Q. A. Worth; Lane, John Duval, Joseph Bailey, R. B. Cochrane; Benton,
H. M. Walker, R. C. Hill; Umpqua, J. W. P. Huntington; Coos and Curry,
S. E. Morton; Douglas, J. F. Gazley, R. E. Cowles; Josephine, George T.
Vining; Jackson, J. B. White, G. W. Keeler, J. N. T. Miller. Or. Statesman,
June 26, 1860. In the whole body the Lane men numbered 16, anti-Lane
men 24, republicans 10.
A POLITICAL FIGHT. 453
Lane faction were determined, if not able to elect
their favorites, to prevent any election being held.
The aspirants to the senatorship were Smith and
Lane, democrats, Judge Williams and J. W. Nesmith,
independents, and E. D. Baker, republican. Strong
influences were brought to bear by the Lane demo
crats, who besieged the lobby and had their spies at
every street corner.
On the 13th the senate organized without a quorum,
Elkins being chosen president. A motion was made
to adjourn sine die, which was defeated, and a resolu
tion offered authorizing the president to issue war
rants for the arrest of the absconding members,
which was adopted. They continued, however, to
elude the sergeant and his assailants for nine days,
when after an unsuccessful ballot for senators in joint
convention, in which the Douglas democrats voted
for Nesmith and Williams, and the republicans for
Baker and Holbrook, the legislature adjourned sine
die. Governor Whiteaker then made an appeal through
the public prints to all the members of that body to
reassemble and attend to their duty; which they finally
did on the 24th, but it was not until the 1st of Oc
tober that balloting for senators was resumed, Deady,
Curry, and Drew being added to the nominees. The
contest was decreed by the Lane men to be between
Smith and any one of the Douglas democrats on one
side, and any two of the Douglas men on the other;
but the democratic party in the legislature revolted
against Smith, and rejected him on any terms. With
equal scorn the Lane democrats rejected Nesmith,
whom they hated, but intimated that they would vote
for him if Smith could be elected. The Douglas men
offered if the Lane men would give two votes for
Nesmith to elect Curry in place of Smith, but they
refused. On the eighteenth ballot the Douglas demo
crats reluctantly gave up the hope of electing two dem
ocratic senators without accepting Smith, and elected
454 POLITICS AND PATRIOTISM.
Nesmith and Baker, the former for the long and the
latter for the short term.
As soon as practicable after the reassembling of the
legislature the house passed a bill providing for the
election of a representative in congress to supersede
the unauthorized election of Sheil, but the measure
was defeated in the senate, the Lane members voting
solidly against it. The democratic state central com
mittee then called a meeting, with the intention of
electing another representative in November, when
the presidential election would occur, and nominated
A. J. Thayer.24 This action caused the senate to re
consider their opposition to a legal election bill; and
an act was passed authorizing the governor to issue a
writ of election to fill vacancies that might occur in
the office of representative to congress. The law
went into effect two days after the meeting of the
state central committee, and the brief interval be
tween the adjournment of the legislature and the day
fixed for the presidential election was devoted to can
vassing for a congressman. Nesmith and Benjamin
Hayderi, one of the democratic presidential electors,
took part in it, the candidates being Thayer and Sheil.
Before the 6th of November arrived, the pony ex
press began to bring stirring news of great republican
victories in the northern and western states. The
successes of the new party were almost too great to be
believed. Even in Oregon the contagion spread until
all other interests were swallowed therein. On the
6th the vote was cast. Sufficient returns were in by
the 9th to make it certain that the state had gone
republican.25 Not only was there a republican plural-
24 Born in N. Y., spent his boyhood on a farm, acquired a common Eng
lish education, and studied and practised law, emigrating to Oregon in 1853.
In 1855 he was appointed territorial auditor in place of J. A. Bennet, who had
declined. His reputation as a lawyer and a man was excellent. In 1870 he
was elected to the supreme bench, and as a judge was fearless and impartial.
His death occurred in 1873. Or. Reports, 4, xi.-xv.; Albany Democrat, May
2, 1873; Salem Mercury, May 2, 1873.
83 Lincoln's plurality was 270. The whole vote of the state was 14,751.
Lincoln, 5,344; Douglas, 4,136; Breckenridge, 5,074. Bell, of the Bell and
Everett party, had 107 votes.
LANE IN DISGRACE. 455
ity for president, but Shell was defeated.26 On the
5th of December the republican presidential electors
T. J. Dryer, W. H. Watkins, and B. J. Pengra met
at Salem and cast the electoral vote for Lincoln, ap
pointing Dryer to carry the vote to Washington.
Thus ended the political revolution of 1860 in Oregon.
Slowly, reluctantly, regretfully came home the
truth to the people of Oregon that Joseph Lane was
a secessionist; that he had offered his services and
those of his sons to fight in battle against his govern
ment, and against his late friends in Oregon. The
news of the fall of Fort Sumter did not reach Ore
gon till the 30th of April, 1861. By the same
steamer that brought the thrilling intelligence of
actual war came Lane back to his home in Oregon.
What a pitiful home-coming! Hatred and insult
greeted him from the moment he came in sight of
these Pacific shores. At San Francisco it was so,
and when he reached Portland, and a few personal
friends wished to give a salute in his honor, they
were assured that such a demonstration would not be
permitted in that town. Even the owner of a cart
refused to transport his luggage to the house of his
son-in-law. It consisted of two or three stout boxes in
which were being conveyed to southern Oregon arms
for the equipment of the army of the Pacific repub
lic! But this fact was not known to the cartman,
or it might have fared worse with the ex-senator.
Proceeding south after a few days with these arms
in a stout wagon, but unsuspected, he was met at
various parts of the route by demonstrations of dis
respect. At Dallas he was hanged in effigy. A
fortunate accident arrested him in the perpetration
of the contemplated folly and treachery,'27 and con-
26 The whole vote for congressman was a little over 4,000. Of these Lane
received 5, Logan 8, Shell 131, and Thayer the remainder.
*' Jesse Applegate testifies as follows: In crossing the Calapooya Moun
tain with only his Irish teamster, by some mischance a pistol was discharged,
wounding Lane in the arm. The Irishman, frightened lest it should be
456 POLITICS AND PATRIOTISM.
signed him to a life of retirement from which he
never emerged.28
That a considerable class in Oregon were in favor
of secession is undeniable. That there were some
who would have fought for the extension of slavery
had they been upon southern soil is undoubted. But
there were few who cared enough for what they called
the rights of the southern states to go to the seat of war
and fight for them.29 On the other hand, there were
many who fought for the union.30 Party lines were
thought that he had inflicted the wound with murderous intent, fled to the
house of Applegate, at Yoncalla, and related what had occurred. Applegate
at once went to Lane's relief, taking him to his house, where he remained for
several weeks. During this visit Lane revealed to his friend the nature of
his scheme concerning Oregon, and was dissuaded from the undertaking.
28 For many years Lane lived alone with a single servant upon a moun
tain farm. In 1878, to gratify his children, he removed to Roseburg, where,
being cordially welcomed by society, the old fire was awakened, and he
nominated himself for the state senate in 1880 at the age of 79 years. Being
rather rudely rejected and reproved, he wept like a child. His death occurred
in May 1881. Whatever errors he may have committed, whatever vanity he
may have displayed concerning his own achievements, he was ever generous
in his estimate of others, and the decline of his life was full of kindness and
courtesy.
'29 John Lane, son of Joseph Lane, became a colonel in the confederate
army. Captain Thomas Jordan, for a time U. S. quartermaster at The Dalles,
resigned to take service in the south. He was said to have accepted a colo
nelcy in the Culpepper cavalry. Major Garnett, for several years stationed in
Oregon and Washington, also resigned, and was commissioned brigadier by
Jefferson Davis. John Adair of Astoria, Oregon, son of the collector and post
master, who graduated from West Point in 1861, was commissioned lieuten
ant of dragoons and ordered to join his regiment at Walla Walla, and after
ward to report at Washington, instead of which he deserted, and went to
Victoria, V. I. He was dismissed the service. Or. Statesman, Aug. 25, 1862.
The place left vacant by John Lane at West Point was filled by Volney
Smith, son of Delazon Smith, who failed in his examination. He was ap
pointed a lieutenant in a New York cavalry regiment, but did not long remain
in the service. Adolphus B. Hannah, who had been U. S. marshal in Ore
gon, offered his services to the confederacy. J. B. Sykes, Indian agent at the
Siletz reservation, resigned and went east to serve in the rebel army. He was
captured with a portion of Jackson's command, and sent to Columbus, Ohio.
John K. Lamerick, once brigadier-general of the Oregon militia, went to
Washington to dispose of his Indian war scrip, and joined the rebel army as
a commissary. C. H. Mott, who in 1858 was sent to Oregon to examine into
the Indian accounts, joined the rebel army and commanded the 19th Missis
sippi at Bull Run. He was killed in front of Hooker's division May 5,
1862.
30 Notable among whom was Captain Rufus Ingalls, who came to Fort
Vancouver in 1849. He was promoted to the rank of lieutenant-colonel on
McClellan's staff, and placed in charge1 of the quartermaster's department at
Yorktown. Colonel Joseph Hooker, then living at Salem, offered his ser
vices, and was promoted to the rank of brigadier-general. The other officers
who had served in Oregon and were promoted to the rank of major or brigadier-
general were Grant, Sheridan, Augur, Ord, Wright, Smith, Casey, Russell,
THE WAR OF SECESSION. 457
blotted out as quickly in Oregon as in New York,
and soon there was but one party that amounted to
anything — the union party. By reason of lack of
sympathy with the people at this juncture, Governor
Whiteaker was requested to resign..
The first despatches transmitted across the conti
nent entirely by telegraph shocked the whole Pacific
coast with the message that at the battle of Ball's
Bluff, on the 21st of October, 1861, fell Oregon's
republican senator, E. D. Baker.31 The seat in the
senate left vacant by Baker was filled by the appoint
ment by Governor Whiteaker of Benjamin Stark, one
of the original owners of the Portland land claim.
Information was forwarded to Washington of the dis
loyal sentiments of the appointee, and for two months
the senate hesitated to admit him; but he was finally,
in February 1862, permitted to take the oath of office
by a vote of twenty -six to nineteen, Senator Nesmith
voting for his admission. But the matter was not
Reynolds, and Alvord, besides Baker and Stevens, who had received a mili
tary education, but were not in the army. Captain Hazen, who was formerly
stationed at Fort Yamhill, was placed in command of a volunteer infantry
regiment at Cleveland, Ohio, in the beginning of the war. Lieutenant Lor
raine, who was stationed at Fort Umpqua, was assigned to a new regiment
in the field, and was wounded at. Bull Run. Captain W. L. Ball of the
steamship Columbia was .appointed a lieutenant commanding in the U. S.
navy. Roswell C. Lampson of Yamhill county, son of an immigrant of 1845,
the first naval cadet from Oregon, and who graduated about this time, served
in the war, and was promoted to the command of a vessel for gallant conduct
at Fort Fisher. At the close of the war he resigned, returned to Oregon, and
became clerk of the U. S. courts. Portland Oregonian, April 5, 18G5; Port
land Standard, April 27, 1877. James W. Lingenfelter, a native of Fonda,
N Y., but residing in Jacksonville, Oregon, was made captain of a volunteer
company, and killed near Fortress Monroe, Oct. 8, 1861. John L. Boon, son
of J. D. Boon, state treasurer, and a student at the Weslyan university, Dela
ware, Ohio, served in an Ohio regiment, being in the battles of Shiloh and
Corinth, in the division under General Lew Wallace. The major of the 68th
Ohio was a, former resident of Oregon, named Snooks, of the immigration
of 1844. George Williams, son of Elijah Williams of Salem, was appointed
2<1 lieut of the 4th inf., and was in the second battle of Bull Run, Antietam,
Fredericksburg, and Gettysburg, losing a foot in the last named. Frank
W. Thompson of Linn county was colonel of the 3d Va. volunteers in 1863,
and subsequently promoted. Henry Butler of Oakland, Oregon, was a mem
ber of the 86th 111. volunteers; and Charles Harker of Oregon was a lieut
in the union army. Many more would have been in the service but for the
apprehensions entertained of the designs of disunionists on the Pacific coast.
81 When war was declared Baker raised a regiment in Penn. His remains
were deposited in Lone Mountain cemetery, San Francisco, and a monument
erected to his memory.
458 POLITICS AND PATRIOTISM.
allowed to rest there. A committee being appointed
to examine the evidence, Stark was finally impeached,
but was not expelled, his term ending with the meet
ing of the Oregon legislative assembly in September.
A similar leniency was exercised by congress
towards Shell, who contested the election of Thayer.
The latter was admitted to his seat, and occupied it
during most of the special term of 1861, but upon the
right to it being contested, Thaddeus Stevens main
tained that since there was at the time no authority
for a congressional election in Oregon, the seat was
really vacant. The contestants being thus placed upon
an equality as to legal rights, a preponderance was
left of such right as might be in favor of the first man
elected. The republicans in the house could have kept
out Sheil by insisting upon the illegality of his elec
tion, had not congress taken every occasion to show
such magnanimity as could be ventured upon toward
men of disunion predilections in the hope of conciliat
ing the south.
With a change of administration there was a change
in the official list. William L. Adams of the Argus
was appointed collector of customs at Astoria. W.
W. Parker32 became his deputy. B. J. Pengra sup
planted W. W. Chapman as surveyor-general; T. J.
Dryer was appointed commissioner to the Hawaiian
Islands; Simeon Francis, paymaster in the army, with
the rank of major;33 W. T. Matlock, receiver of the
land office at Oregon City; and W. K. Starkweather,
82 A native of Vt., educated at Norwich university. In 1847 he was
appointed mining engineer to the Lake Superior Copper Mining Company,
but hearing that the mail steamer California was about to sail for California
and Oregon in 1848, he took passage in her for the Pacific coast. By the
time the steamer arrived, the gold fever was at its height, and he engaged
in mining, at which he was successful, losing his earnings afterward by lire.
He was one of the board of assistant alderman in San Francisco in 1851. In
Feb. 1852 he removed to Astoria, Oregon.
33 Francis came from Springfield, 111., to Oregon in 1859. After Lincoln's
campaign he took charge of the Portland Oret/onian while Dryer carried the
electoral vote to Washington. He afterward resided at Fort Vancouver.
His death occurred at Portland in Nov. 1872, to which place military head
quarters had be«Ji removed. See Portland Oregonian, Nov. 2, 1812.
NESMITH AND STOUT. 459
registrar of the same; W. H. Hector received the
appointment of superintendent of Indian affairs, and
A. L. Lovejoy the office of pension agent.
When Nesmith first took his seat in the senate he
had some feeling in favor of the south, and spoke
accordingly ; but in due time his utterances became
more moderate, and when he returned to Oregon in
the autumn of 1861 he was well received. Stout
represented Oregon with fidelity, industry, and abil
ity. At his first'session he introduced a bill to re
move the obstructions in the Missouri and Columbia
Rivers, with a view to opening a line of travel across
the continent. He urged the protection of immi
grants, and the restoration of the military department
of Oregon, which was depleted by the call for troops,
and labored for the payment of the Indian war bonds,
the issuance of which was delayed by Secretary Chase
until the loans necessary for the civil war had been
negotiated.
After issue, they sold at about ninety cents on
the dollar, when the bond amounted to five hundred
dollars, without a market for the smaller bonds.
Some of the scrip exchanged for these bonds had
been purchased at thirty, forty, and even as low as
thirteen cents on the dollar.
CHAPTEE
WJLR AXB DEVELOPMENT.
J£xnoMTKKS$ — Tiaacaus
r :>..-.-:.
Pacific coast, was lemoTed from this department, and
the command given to General Newman S. Clarke.
The reader win remember that Colonel George Wright
had been left DT Wool is coociand at Vancouver in
-'„-: - : .: _ : ". - " X - '. _ :-:: -. : :. : : .: .: :
the hostilities of those tribes which had taken part in
the WaDa WaDa treaties of 1S55. Wright was re
moved to The Dalles, and Colonel Thomas Morris
took command at Vancouver. In the mean time two
new posts were established north of the Colombia,,
one in the Yakhna country, and another in the Walla
WaDa Valley; and for a period of two years WrigLt.
embarrassed bj the policy of the commanding gener
als, outnumbered and outwitted by the TndJaiK, was
engaged in a futile endeavor to subdue without fight
ing them. The T«««My being emboldened by the ap
parent weakness of the army, in the spring of 1S5S
the troops under Colonel Steptoe, while marching to
MILITAB Y DEPARTMENT.
Colvffle, were attacked by a large force of Spokanes
and C<Bur d'AMnes, and sustained a heavy loss.
Awakened by this demonstration of Hie hostile pur
poses of the confederate tribes, Clarke prepared to in
flict condign punishment, and in September of that
year Wright marched a large force through then-
country, slaying and destroying as he went. This
chastisement brought the treaty tribes into a stale of
humility. In the mean time E. R. Geary had been
appointed superintendent of Indian affairs in Oregon
and Washington, and in the spring of 1859, congress
having ratified the treaties of 1855, he made arrange
ments with them for their permanent settlement on
their reservations, four in number, namely: Simcoe,
Warm Spring, Umatilla, and Lapwai; but unfortu-
natelv for the credit of the government with the Ind
ians, no appropriation was made by congress for carry
ing out its engagements until the following year; nor
was anv encooragement given toward treating with
other tribes in the eastern portion of the slate.
By an order of the secretary of war of September
13, 1858, the department of" the Pacific was sub
divided into the departments of California and Ore
gon, the latter, under the command of General W.
S. Harney, with headquarters at Vancouver. This
change was hailed with delight by the Qregonians,
not only because it gave them a military department
of their own, but because Harney Ts reputation as an
Indian-fighter was great, and they hoped through him
to put a speedy termination to the wars which had
continuously existed for a period of five years, imped
ing land surveys and mining, and preventing the set
tlement of the country east of the mountains. Har
ney arrived at Vancouver on the 29th of October, and
two days later he issued an order opening the Walla
Walk "Valley, closed against settlement ever since
1855, to the occupation of white inhabitants.
By this order Harney's popularity was JumuuL
A joint resolution was adopted by the legislature con-
462 WAE, ATO DEVELOPMENT.
gratulating the people, and asking the general to ex
tend his protection to the immigration, and establish
a garrison at or near Fort Boise.1 A considerable
military force having been massed in the Oregon
department for the conquest of the rebellious tribes,2
Harney had, when he took command, found employ
ment for them in explorations of the country. The
military department in 1858 built a steamboat to run
between The Dalles and Fort Walla Walla,3 and about
two thousand settlers took claims in the Walla Walla
and Umatilla valleys during this summer. The hos
tilities which had heretofore prevented this progress
being now at an end, there remained only the Snake/
Klamath, and Modoc tribes to be eitl^r conquered or
conciliated. Little discipline had been administered
in this quarter, except by the three expeditions pre
viously mentioned of Wright, Walker, and Haller.
Harney, though more in sympathy with the peo
ple than his predecessors, was yet like them inclined
to discredit the power or the will of the wild tribes
1 Clarke and Wright's Campaign, 85; Or. Laws, 1858-9, app. iii. ; Or.
Statesman, Feb. 8, 1859.
2 Besides the companies stationed to guard the Indian reservations in Ore
gon in 1857, there were 3 companies of the 9th inf. at The Dalles', one of
the 4th inf. at Vancouver, one of the 3d art. at the. Cascades, 3 of the 9th
inf. at Fort Simcoe in the Yakima country, and at Fort Walla Walla 2 com
panies of inf., one of dragoons, and one of art. U. S. H. Ex. Doc. 2, vol. ii.
pt ii. 78, 35th cong. 1st sess. In the autumn of 1858 three companies of
art. from S. F. , one from Fort Umpqua, now attached to the department of
Cal. , and an inf. co. from Fort Jones were sent into the Indian country east
of the Cascade Mountains. Kip's Army Life, 16-18; Sac. Union, Aug. 23,
1858.
3 This steamer was owned by R. R. Thompson and L. Coe, and was named
the Colonel Wright. Harney mentions in a letter to the adjutant-general
dated April 25, 1859, that a steamboat line had been established between
The Dalles and Walla Walla, and that in June when the water of the Col
umbia and Snake rivers should be high, the steamer should run to the mouth
of the Tucannon, on the latter river. U. S. Mess, and Docs., 1859-60, 98,
36th cong. 1st sess.; S. F. Bulletin, April 28, May 13 and 30, and Sept. 13,
1859. It is worthy of remark that the first steamer to ascend the Missouri
to Fort Benton made her initial trip this year. This was the Chippewa. Id.,
Sept. 17, 1859; Or. Argus, Sept. 3, 1859.
4 1 use the term Snake in its popular sense and for convenience. The sev
eral bands of this tribe, the Bannacks, and the wandering Pah Utes were all
classed as Snakes by the people who reported their acts, and as it is impossi
ble for me to separate them, the reader will understand that by Snakes is
meant in general the predatory bands from the region of the Snake and
Owyhee rivers.
W ALLEN'S EXPLORATIONS. 463
to inflict serious injury. Yet not to neglect his duty
in keeping up an appearance of protecting miners, im
migrants, and others, and at the same^time to carry
forward some plans of exploration which I have al
ready hinted at,5 toward the end of April he ^ordered
into "the field two companies of dragoons and infantry
mounted, under Captain D. H. Wallen, to make a
reconnoissance of a road from The Dalles to Salt
Lake City, connecting with the old immigrant route
through the South Pass, and to ascertain whether
such a road could not be constructed up the John Day
River, thence over to the head waters of the Malheur,
and down that stream to Snake River.6 Wallen pro
ceeded as directed and along the south side of Snake
River to the crossing of the Oregon and California
roads at Raft River, meeting on his march with none
of the predatory bands, which, eluding him, took advan
tage of being in his rear to make a descent upon the
Warm Spring reservation and drive off the stock be-
3Harney was much interested in laying out military roads, and in his re
ports to the general-in-chief called the attention of the war department to the
necessity for such roads in this portion of the United States territory. Among
other roads proposed was one through the south pass to the head of Salmon
River, down that stream to the Snake River, and thence to Fort Walla Walla,
which was never opened owing to the roughness of the country. *. VV.
Lander made an improvement in the road from the south pass to the parting
of the Oregon and California routes which enabled most of the immigration
to arrive at the Columbia several weeks earlier than usual. The new route
was called the Fort Kearney, South Pass, and Honey Lake wagon road, and
appears to have been partially opened in 1858, or across the Wachita moun
tains Appended to Lander's report is a long list of names of persons en
route for California and Oregon who passed over it in 1858 and 1859. A party
left Fairbault, Minnesota, in July 1858, and travelled by the Saskatchewan
route, wintering in the mountains with the snow in many places twenty feet
deep. They experienced great hardships, but arrived at The Dalles May 1,
1859, in good health. Their names were J. L. Houck, J. W. Jones, J. &.
Smith, E Hind, William Amesbury, J. Emehiser, J. Schaeffer, J. Palmer, J.
R. Sandford. Olympia Herald, May 27, 1859.
6 Wallen crossed the Des Chutes at the mouth of Warm Spring River,
proceeded thence to the head of Crooked River, 160 miles, finding a good natural
road with grass and water. He detached Lieutenant Bonnycastle with part
of his command to explore the country east of the route followed by himself,
who travelled no farther than Harney Lake Valley, to which he probably
gave this name in honor of the commanding general, from which point he
turned north to the head waters of John Day River and- followed it down,
and back to The Dalles, on about the present line of the road to Canyon
City. Hariiey reported that Bonnycastle brought a train of 17 ox- wagons
from Harney Valley to The Dalles in 12 days without accident. U. S. Mess.
and Docs 1859-60, 113; U. 8. Sen. Doc., 34, ix. 51, 36th cong. 1st sess.
464 WAR AND DEVELOPMENT.
longing to the treaty Indians.7 A. P. Dennison, the
agent, applied to Harney for a force to guard the res
ervation, but the general, instead of sending troops,
ordered forty rifles with ammunition to be furnished,
and Dennison resorted to organizing a company among
the reservation Indians, and placing it under the com
mand of Thomas L. Fitch, physician to the reserva
tion, who marched up John Day River in the
hope of recovering a hundred and fifty head of horses
and cattle which had been stolen. His company
killed the men belonging to two lodges, took the
women and children prisoners, and recaptured a few
horses, which had the effect to secure a short-lived
immunity only. In August the Snakes made another
raid upon the reservation, avenging the slaughter of
their people by killing a dozen or more Indian women
and children and threatening to burn the agency build
ings, the white residents fleeing for their lives to The
Dalles. The agent, who was at that place, hastened
to the scene of attack with a company of friendly
Indians, but not before sixteen thousand dollars' worth
of property had been stolen or destroyed.8 It was
only then that a small detachment of soldiers was sent
to guard the reservation and induce the terrified Ind
ians as well as white people to return; and a dragoon
company was ordered to make a reconnoissance along
the base of the Blue Mountains, to recover if possi
ble the property carried off, returning, however, emp
ty-handed; and it was not without reason that the
old complaint of the Indian department was reiter
ated, that the military department would not trouble
itself with the Indians unless it were given exclusive
control.
7 Though Wallen met with no hostile savages in his march to Camp Floyd,
he found no less than three commands in the field from that post pursuing Ind
ians who had attacked the immigration on the California road. He mentions
the names of a few persons killed in 1859, S. F. Shephard, W. F. Shephard,
W. C. Riggs, and C. Rains. Olympia Herald, Sept. 16, 1859. E. C. Hall
and Mr and Mrs Wright are mentioned as having been attacked. Hall was
killed and the others wounded.
*Ind. Aff. Kept, 1859, 389. Indemnity was claimed for the losses of pri
vate persona and the Indians.
IMMIGRATION. 465
From a combination of causes, the chief of which
was the agitation of the question of slavery, the immi
gration of 1859 was larger than any which had pre
ceded it for a number of years.9 Owing to the care
taken by Captain Wallen to insure the safe passage
of the trains, all escaped attack except one company,
which against his advice turned off the main route to
try that up the Malheur, and which was driven back
with a loss of one man severely wounded, and four
wagons abandoned.10 Major Reynolds of the 3d
artillery from Camp Floyd for Vancouver, with one
hundred men and eight field-pieces, escorted the
advance of the immigration, and Wallen remained to
bring up the rear, sending sixty dragoons four days'
travel back along the road to succor some belated and
famishing people.11
In the spring of 1860 General Harney ordered two
expeditions into the country traversed by predatory
Snakes, not with the purpose of fighting them, as
Wallen's march through their country had been
uninterrupted, but to continue the exploration of a
road to Salt Lake from Harney Lake, where Wallen's
exploration in that direction had ceased; and also to
explore from Crooked River westward to the head
waters of the Willamette River, and into the valley
by the middle immigrant route first opened by
authority of the legislature in 1853.
This joint expedition was under the command of
Major B. Steen, who was to take the westward march
9 Horace Greeley estimated that 30,000 people and 100,000 cattle were en
route to California. This estimate was not too large, and instead of all go
ing to California about one third went to Oregon, many of them settling in
Walla Walla Valley— at least 800. About 20 families settled in the Yakima
Valley, 30 families on the Clickitat, and others in every direction. Some
settled in the Grande Ronde and south of the Columbia, but not so many as
in the following years. Oli/mpia Pioneer and Democrat, Sept. 30, 1859; Or.
Argux, Oct. 15, 1859.
10 Dalles Journal, in Or. Argus, Sept. 24, 1859; Portland Oregonian, Oct.
15, 1859.
"See letter in Olympia P. S. Herald, Sept. 16, 1859. Colonel Wright
sent forward from Fort Walla Walla to meet the later trains which were des
titute of provisions 250 sacks of flour, 50 barrels of pork, and other necessaries.
Or. Statesman, Sept. 6, 1859.
HIST. OB., VOL. II. 30
466 WAR AND DEVELOPMENT.
from Crooked River, while Captain A. J. Smith was
to proceed southward and eastward to the City of
Rocks. About six weeks after Smith and Steen had
set out from The Dalles, news was received that the
hostile bands, so far from hiding from the sight of
two dragoon companies, had attacked Smith after his
parting with Steen, when he was within twenty miles
of the Owyhee; and that he had been no more than
able to protect the government property in his charge.
It being unsafe to divide his command to explore in
advance of the train, he was compelled to retreat to
Harney Lake Valley and send an express after Steen,
who turned back and rejoined him on the head waters
of Crooked River.12 Accompanying, or rather over
taking, Steen's expedition on Crooked River was a
party of four white men and five Indians escorting
Superintendent Geary and G. H. Abbott, agent at
Warm Springs, upon a search after some chiefs with
whom they could confer regarding a treaty, or at least
a cessation of hostilities. Without the prestige of
numbers, presents, or display of any kind, Geary was
pushing his way into the heart of a hostile wilderness,
under the shadow of the military wing which, so far
from being extended for his protection, completely
ignored his presence.13
During Geary's stay at Steen's camp, on the 15th
of July two refugees from a party of prospectors
which had been attacked by the Indians came in
and reported the wounding of one man, the loss of
seventy horses, and the scattering of their company,
12Rept of Captain Smith, in U. S. Sen. Doc., i. 119, 36th cong. 2d sess.;
Sac. Union, July 20, 1860; S. F. Alia, July 13, 1860.
13 In the reports of military and Indian departments there is found a
mutual concealment of facts, no mention being made by Steen of the presence
of the head of the Indian department of Oregon and Washington at his camp,
in his communication to his superiors; nor did Geary in his report confess
that he had been disdainfully treated by the few savages to whom he had an
opportunity of offering the friendship of the United States government, as
well as by the army. To his interpreter they replied that powder and ball
were the only gifts that they desired or would accept from white men. Inf.
Aff. Rcpt, 1860, 174-5; Dalles Mountaineer, in Or. Statesman, July 10. I860;
Olympia Pioneer and Democrat, July 20, I860,
STEEN'S EXPEDITION. 467
which had fled into Harney Lake Valley after being
attacked a second time. This incident, with the gen
eral hopelessness of his errand, caused Geary to re
turn to The Dalles, while an express was sent for
ward to warn Smith, then two days on his march
toward the City of Rocks. Steen also moved his
camp to Harney Lake to be within communicating
distance in case Smith should be attacked, and he
spent two days looking for Indians without finding
any. A few days later Smith was attacked, as above
related.
In the mean time Harney had been summoned to
Washington city on business reputed to be connected
with the war debt of Oregon and Washington territo-
O O
ries, and Colonel Wright was placed in command of the
department of Oregon. On hearing of the interrup
tion of the explorations, Wright at once ordered
three companies of artillery under Major George P.
Andrews to march to the assistance of the explorers,
while a squadron of dragoons under Major Grier was
directed to move along the road toward Fort Boise
to guard the immigrant road, and be within com
manding distance of Steen, who it was supposed
would also be upon the road in a few weeks.
When Steen had been reenforced by the artillery
companies, he marched on the 4th of August toward
a range of snow mountains east of Harney Lake, ex
tending for some distance southward, near which he
believed the Indians would be found, taking with him
a hundred dragoons and sixty-five artillerymen. The
remainder of the command under Major Andrews
moved eastward to a camp near the Owyhee to await
orders. Major Grier being on the road to Boise with
his dragoons, looking out for the immigration, Steen
hoped to catch the Indians and drive them upon one
or the other of these divisions. Attached to Steen's
division was a small company of scouts from the
Warm Spring reservation, who on the fourth day
468 WAR AND DEVELOPMENT.
discovered signs of the enemy on the north slope of
a high butte, which now bears the name of Steen
Mountain, and on the morning of the 8th a small
party of Indians was surprised and fled to the very
top of this butte to the region of perpetual snow,
hotly pursued by the troops. Arrived at the sum
mit, the descent on the south side down which the
Indians plunged, looked impassable; but, with more
zeal than caution, Steen pursued, taking his whole
command, dragoons and artillerv, down a descent of
O i/ '
six thousand feet, through a narrow and dangerous
canon, with the loss of but one mule. The country
about the mountain was then thoroughly recon
noitred for three days, during which the scouts
brought in three Indian men and a few women and
children as prisoners.
On the 16th the command returned to camp, after
which Smith made a forced march of a hundred miles
on a supposed trail without coming upon the enemy.
Steen then determined to abandon the road survey
and return to The Dalles. Dividing the troops into
three columns twrenty miles apart, they were marched
to the Columbia River without encountering any
Indians on either route. Early in September the
companies were distributed to their several posts.14
Yet the troops were not more than well settled in
garrisons before the Snakes made a descent on the
Warm Spring reservation, and drove off all the stock
they had not before secured. When there was nothing
left to steal, twenty dragoons under Lieutenant Gregg
were quartered at the reservation to be ready to repel
any further attacks.7
15
Colonel Wright reported to headquarters, Septem
ber 20th, that the "routes of immigration were ren
dered perfectly safe " by the operations of troops during
14 U. S. Sen. Doc. 1, vol. ii. 131, 36th cong. 2d sess.; Olympia Pioneer
and Democrat, Sept. 14, 1860.
ulnd. A/. Rept, 1860, 176; 1861, 156; Puget Sound Herald, Oct. 26, 1860.
MASSACRE ON SNAKE RIVER. 469
the summer; that nothing more needed to be done or
could be done, with regard to the Shoshones, before
spring, when the superintendent would essay a treaty
at Salmon River, which would serve every purpose;16
but urged the construction of a fort at Boise, which had
already been directed by the secretary of war, delayed,
however, for reasons connected with the threatening
aspect of affairs in the southern states. Major Grier's
command, which had taken the road to Boise' to look
after the immigration, returned to Walla Walla in Sep
tember.
The troops were no sooner comfortably garrisoned
than the local Indian agent at the Umatilla, Byron
N. Davis, notified the commander at Fort Walla
Walla that a massacre had taken place three weeks
previous on Snake River, between Salmon Falls and
Fort Boise, wherein about fifty persons had been
killed, or scattered over the wilderness to perish by
starvation. Davis also reported that he had imme
diately despatched two men with a horse-load of pro
visions to hasten forward to meet any possible surviv
ors; and at the same time a loaded wagon drawn by
oxen, this being the best that he could do with the
means at his command. As soon as the disaster be
came known to the military authorities, Captain Dent
with one hundred mounted men was ordered to pro
ceed rapidly along the road and afford such assistance
as was required by the sufferers, and if possible to
punish the Indians. At the same time it was thought
that the repoirt brought in by the three known sur
vivors might be exaggerated.17
The story of the ill-fated party is one of the most
terrible of the many terrible experiences of travellers
across the Snake River plains. On the 13th of Sep
tember, between nine and ten o'clock in the morning,
a train of eight wagons and fifty-four persons was
16 U. 8. Sen. Doc. 1, vol. ii. p. 136, 1860-61, 36th cong. 2d sess.
17 Report of Colonel Wright, in U. S. Sen. Doc. 1, vol. ii. p. 141, 1860-1,
36th cong. 2d sess.
470 WAR AND DEVELOPMENT.
attacked by Indians about one hundred in number.
An escort of twenty -two dragoons had travelled with
this company six days west of Fort Hall, where Colo
nel Howe was stationed with several companies of
troops for the purpose of protecting the immigration
to California and Oregon. Thinking the California
road more dangerous, and aware that there were or
O '
had been troops from the Oregon department in the
neighborhood of Boise, Colonel Howe deemed further
escort unnecessary, and the train proceeded for two
weeks before meeting with any hostile Indians.
On the morning named they appeared in force, sur
rounding the train, yelling like demons, as the emi
grants thought with the design of stampeding their
cattle, which they accordingly quickly corralled, at
the same time preparing to defend themselves. See
ing this, the savages made signs of friendship, and
of being hungry, by which means they obtained leave
to approach near enough to receive presents of food.
They then allowed the emigrants to pass on, but
when the wagons had gained a high point which ex
posed them to attack, a fire was opened on the train
with rifles and arrows from the cover of the artemisia.
Again the company halted and secured their cattle.
But before this was accomplished three men were
shot down. A battle now took place, which lasted
the remainder of the day, and in which several Ind
ians were seen to fall. The firing of the savages was
badly directed, and did little harm except to annoy
the horses and cattle, already irritable for want of
food and water. All night the Indians fired random
shots, and on the morning of the second day recom
menced the battle, which continued until the second
night, another man being killed. Toward sunset the
company agreed upon leaving four of their wagons
for booty to the Indians, hoping in this way to divert
their attention long enough to escape with the other
four. They accordingly started on with half the
train, leaving half behind. But the savages paid no
SUFFERINGS OF THE IMMIGRANTS. 471
heed to the abandoned property, following and attack
ing the emigrants with fresh activity. The men
labored to hasten their cattle, but in spite of all their
efforts the hungry creatures would stop to snatch a
mouthful of food. With the company were four
young men, discharged soldiers from Fort Hall, well
armed with rifles and revolvers belonging to the com
pany, and mounted on good horses, who were to ride
in advance to keep the way open. Instead of doing
their duty, they fled with the horses and arms.18 Two
other men, brothers named Reith, succeeded in reach
ing Umatilla the 2d of October, by whose report, as
well as the story of the other surviving fugitives, the
massacre became known.
Finding it impossible to drive the famished cattle,
and seeing that in a short time they must fall victims
to the savages, the ill-fated emigrants determined to
abandon the remainder of the loaded wagons and the
cattle, and if possible save their lives. The moment,
however, that they were away from the protection
of the wagons, two persons, John Myers and Susan
Utter, were shot dead. Mr Utter, father of the
young woman, then made signs of peace, but was
shot while proposing a treaty. Mrs Utter refused to
quit her dead husband, and with three of her children,
a boy and two girls, was soon despatched by the
savages.
Eleven persons had now been killed, six others had
left the train, and there remained thirty-seven men,
women, and children. They were too hard pressed to
secure even a little food, and with one loaf of bread
hastily snatched by Mrs Chase, fled, under cover of
the darkness, out into the wilderness to go — they
knew not whither. By walking all night and hiding
under the bank of the river during the day they
eluded the Indians. The men had some fish-hooks,
18 These men were named Snyder, Murdoch, Chambourg, and Chaffey.
Snyder and Chaffey escaped and reported the other two as killed. Account
of Joseph Myers, in Olympia Standard, Nov. 30, I860; see also Sac. Union,
Oct. 10, I860.
472 WAR AND DEVELOPMENT.
the women some thread, which furnished lines for
fishing, by which means they kept from starving.
As the howlings of the Indians could still be heard,
no travel was attempted except at night. After go
ing about seventy miles, the men became too weak
from famine to carry the young children. Still they
had not been entirely without food, since two dogs
that had followed them had been killed and eaten.
After crossing Snake River near Fort Boise they
lost the road, and being unable to travel, encamped
on the Owyhee River. Just before reaching this
their final camp, a poor cow was discovered, which
the earlier emigration had abandoned, whose flesh
mixed with the berries of the wild rose furnished
scanty subsistence, eked out by a few salmon pur
chased of some Indians encamped on the Snake River
in exchange for articles of clothing and ammunition.
The members of the party now awaiting their doom,
in the shelter of the wigwams on the banks of the
Owyhee, were Alexis Vanorman, Mrs Vanorman,
Mark Vanorman, Mr and Mrs Chase, Daniel and
Albert Chase, Elizabeth and Susan Trimble, Samuel
Gleason, Charles and Henry Utter, an infant child
of the murdered Mrs Utter, Joseph Myers, Mrs
Myers, and five young children, Christopher Trimble,
several children of Mr Chase,19 and several of Mr
Vanorman's.
Before encamping it had been determined to send an
express to the settlements. An old man named Mun-
son, and a boy of eleven, Christopher Trimble, were
selected to go. On reaching Burnt River they found
the Reith brothers and Chaff ey, one of the deserting
soldiers. They had mistaken their way and wandered
19 These are all the names mentioned by Myers in his account of the
sojourn on the Owyhee; but there are other names given by the Reith broth
ers who first arrived at Umatilla. These were William Anttly, a soldier
from Fort Hall; A. Market-man, wife and five children; an old man named
Civilian G. Munson; and Charles Kesner, a soldier from Fort Hall. U. .V.
Sen. Doc. 1, vol. ii. 143, 1SGO-G1, 30th cong. 2d sess. Munson was among
the rescued; all the others must have been killed in flight. Myers of course
could not see all that was transpiring in the moment of greatest emergency.
STARVATION. 473
in the wilderness, having just returned to the road.
Munson went on with these four men, two of whom
succumbed before reaching any settlement, and young
Trimble returned to the Owyhee to encourage the
others in the hope that help might come. They
therefore made what effort they could to keep them
selves alive with frogs caught along the river.
During the first fortnight the Indians made several
visits to the camp of the emigrants, and carried away
their guns. A considerable quantity of clothing had
been disposed of for food, and as there was nothing to
replace it, and the nights were cold, there was an in
crease of suffering from that cause. The Indians
took away also by force the blankets which the fleeing
men and women had seized. Alarmed lest another
day they might strip him of all his clothing, arid end
bv killing him. Vanorman set out with his wife and
t/ O
children, five in number, Samuel Gleason, and Charles
and Henry Utter, to go forward on the road, hoping
the sooner to meet a relief party. As it afterward
appeared, they reached Burnt River, where all their
bodies were subsequently discovered, except those of
the four younger children, who, it was thought, were
taken into captivity.20 They had been murdered by
the savages, and Mrs Vanorman scalped.
Not long after the departure from camp of this
unfortunate party, Mr Chase died from eating sal
mon, which he was too weak to digest. A few days
later, Elizabeth Trimble died of starvation, followed
shortly by her sister Susan. Then died Daniel and
Albert Chase, also of famine. For about two weeks
previous, the Indians had ceased to bring in food, or,
20 ' Eagle-from-tke-Light, a Nez Perce", had just returned from the Snake
country, and there came with him four Snake Indians, who informed Agent
Cain that they knew of four children, members of that unfortunate party,
that were yet alive. Arrangements were made with them by which they
agree to bring them in, and accordingly have left their squaws, and returned
to their country for that purpose.' Letter from Walla Walla, in Or. Argus,
Dec. 22, 1860. The Indians who went after the children, one of whom was
a girl of thirteen, returned on account of snow in the mountains. They were
heard of within 150 miles of the Flathead agency, and were sent for by Mr
Owen, agent at that place, but were never found.
474 WAR AND DEVELOPMENT.
indeed, to show themselves, and thus helped on the
catastrophe, the indirect cause of which was their
dread of soldiers. Young Trimble had been in the
habit of visiting the Indian carnp before mentioned,
and one day on returning to the immigrant camp
brought with him some Indians having salmon to sell.
As Trimble was about to accompany them back to
their village, he was asked by Myers to describe the
trail, "for," said he, "if the soldiers come to our relief
we shall want to send for you." It was an unfortu
nate utterance. At the word 'soldiers' the Indians
betrayed curiosity and fear. They never returned to
the white camp; but when sought they had fled, leav
ing the body of the boy, whom they murdered, to the
wolves.
At length, in their awful extremity, the living were
compelled to eat the bodies of the dead. This deter
mination, says Myers, was unanimous, and was arrived
at after consultation and prayer. The bodies of four
children were first consumed, and eaten of sparingly,
to make the hated food last as long as it might. But
the time came when the body of Mr Chase was ex
humed and prepared for eating. Before it had been
tasted, succor arrived, the relief parties of the Indian
agency and Captain Dent reaching the Owyhee, forty-
five days after the attack on Snake River. When
the troops came into this camp of miser}'', they threw
themselves down on their faces and wept, and thought
it a cruelty that Captain Dent would not permit them
to scatter food without stint ainon^ the half-naked
O
living skeletons stretched upon the ground, or that
he should resist the cries of the wailing and emaci
ated children.
The family of Myers, Mrs Chase and one child, and
Miss Trimble were all left alive at the camp on the
Owyhee. Munson and Chaffey were also rescued,
making twelve brought in by the troops. These with
the three men who first reached the Columbia River
were all that survived of a company of fifty-four per-
ACTION OF THE LEGISLATURE. 475
sons. Thirty-nine lives had been lost, a large amount of
property wasted, and indescribable suffering endured
for six weeks. When Captain Dent arrived with
the rescued survivors at the Blue Mountains, they
were already covered with snow, which a little later
would have prevented his return.21
The Oregon legislature being in session when news of
the Snake River massacre reached the Willamette
Valley, Governor Whiteaker, in a special message,
suggested that they memorialize the president, the
secretary of war, and the commander of the depart
ment of Oregon, on the necessity for greater security
of the immigration between forts Hall and Walla
Walla. He reminded them that they had just passed
through an Indian war from which the country was
greatly depressed, and left it with the legislature
to determine whether the state should undertake to
chastise the Indians, or whether that duty should be
left to the army.22 Acting upon the governor's sug
gestion, a memorial was addressed to congress, asking
for a temporary post at the Grand Rond, with a com
mand of twenty-five men ; another with a like command
on Burnt River; and a permanent post at Boise7 of
not less than one company. These posts could be
supplied from Walla Walla, which, since the opening
of the country to settlement, had become a flourishing
centre of business.23 The troops at the two tempo
rary posts of Grande Ronde and Burnt River could
21 Washington Standard, Nov. 30, 1860; Or. Statesman, Nov. 26, 1860;
Portland Advertiser, Nov. 7, 1860; May's Scraps, v. 191; Or. Argus, l\ov.
24, 1860; Olympia Pioneer and Democrat, Oct. 19, 1860; Ind. Aff. Rept,
1861, 1,35; U. S. II. Ex. Doc. 46, vol. viii., 36th cong. 2d sess. ; Cong. Globe,
1860-61, part ii. p. 1324-5; Or. Jour. Senate, 1860, 63; Special Message of
G,v. Whiteaker, in Or. Statesman, Oct. 15, 1860; 8. F. Bulletin, Nov. 14
and 23, 1860.
22 Or. Statesman, Oct. 15, 1860.
23 The beneficial results of the military post at Walla Walla, erected by
order of General Wool in 1857, had been great. 'Where but recently the
bones of our countrymen were bleaching on the ground, now all is quiet and
our citizens are living in peace, cultivating the soil, and this year have har
vested thousands of bushels of grain, vegetables are produced in abundance,
mills have been erected, a village has sprung up, shops and stores have been
opened, and civilization has accomplished wonderful results by the wise policy
of the government.' Memorial to Cong., Or. Laws, 1860, ap. 2.
476 WAR AND DEVELOPMENT.
return to Fort Walla Walla to winter, and remain in
garrison from November till May. Another perma
nent post at or near the Great Falls of Snake River,
garrisoned by at least one full company, was asked
for, where also an Indian agent should be stationed.
This post it was believed would hold in cheek not
only the Indians, but lawless white men, fugitives
from justice, who consorted with them, and could be
supplied from Fort Hall.
The same memorial urged that treaties should be
made with all the Indians of Oregon, removing them
to reservations; and asked for military posts at Warm
Springs and Klamath Lake. In connection with
these military establishments, the legislature recom
mended the construction of a military road from the
foot of the Cascades of the Columbia to Fort Walla
Walla, which should be passable when the Columbia
was obstructed by ice. In a briefer memorial the
secretary of war was informed of the want of military
protection on the routes of immigration, and asked to
establish three posts within the eastern borders of
Oregon; namely, a four-company post at Fort Boise;
a two-company post on the Malheur River, for the pur
pose of protecting the new immigrant trail from Boise
to Eugene City; and a one-company post somewhere
on Snake River between forts Boise and Walla
Walla. This memorial also asked that a military
road be constructed on the trail leading from Eugene
City to Boise.24
The Umpqua district being attached to the depart
ment of California, it devolved on General Clarke in
command to look after the southern route to Oregon.
This he did by ordering Lieutenant A. Piper of the
3d artillery, stationed at Fort Umpqua, to take the
24 The committee that prepared this memorial evidently was under the
impression that Steen had completed a recounoissance of the middle route,
which was not the case, his time being chiefly spent, as Wright expressed it,
in 'pursuing an invisible foe.' Steen 's report was published by congress.
See COIKJ. Globe, 1800-1, part ii., 1457.
SUCCESS OF THE SXAKES. 477
field in southern Oregon with one company June 27th,
and proceed to the Klamath Lake country to quiet
disturbances there, occasioned by the generally hostile
attitude of the Indians of northern California, Ne
vada, and southern Oregon at this time. Piper en
camped at a point seventy-five miles west of Jack
sonville, which he called Camp Day. In September
a train of thirty-two wagons arrived there, which
had escaped with no further molestation than the loss
of some stock. Another train being behind, and it
becoming known that a hundred Snake Indians were
in the vicinity of Klamath Lake, under a chief named
Howlack, sixty-five men were sent forward to their
protection. They thus escaped evils intended for
them, but which fell on others.
Successes such as had attended the hostile move
ments of the Snake Indians during the years of
1859-60 were likely to transform them from a cow
ardly and thieving into a warlike and murderous foe.
The property obtained by them in that time amounted
to many thousands of dollars, and being in arms, am
munition, horses, and cattle, placed them upon a war
footing, which with their nomadic habits and knowl
edge of the country rendered them no despicaJble
foe, as the officers and troops of the United States
were yet to be compelled to acknowledge.25
25 In the summer of 1858 G. H. Abbott, Indian agent, went into the Ind
ian country, afterward known to military men as the Lake District, with a
view to make treaties with the Snakes, Bannocks, Klamaths, and Modocs,
the only tribes capable of making war, who had neither been conquered nor
treated with, and selected a place for an agency north of the Klamath Lakes,
and about 75 miles from Jacksonville in a north-easterly direction. On his
return his party discovered the remains of five men, prospectors, who had
been murdered, as it was believed, by Klamaths, 011 the head waters of Butte
creek, the middle fork of Rogue River. They were Eli Tedford, whose
body was burned, Robert Probst, James Crow, S. F. Conger, and James
Brown. Ind. Aff. jRept, 1859, 891-2. A company of volunteers at once went
in search of the murderers, three of whom, chiefly by the assistance of the
agent, were apprehended, and whom the Klamaths voluntarily killed to pre
vent trouble; that tribe being now desirous of standing well with the U. S.
government. Five other renegades from the conquered tribes of the Rogue
River mountains were not captured. In June 1859 a prospecting party from
Lane county was attacked on the head waters of the Malheur River, and
two of the men wounded. They escaped with a loss of $7,000 or $8,000
worth of property. Sac. Union, July 7, 1860. Of the emigrants of 1859 who
478 WAR AND DEVELOPMENT.
The continual search for gold which had been going
on in the Oregon territory both before and after its di
vision26 was being actively prosecuted at this time. An
acquaintance with the precious metal in its native
state having been acquired by the Oregon miners in
California in 1848-9, reminded some of them that
persons who had taken the Meek cut-off in 1845,
while passing through the Malheur country had picked
up an unfamiliar metal, which they had hammered out
on a wagon-tire, and tossed into a tool-chest, but which
was afterward lost. That metal they were now confi
dent was gold, and men racked their brains to remember
O '
the identical spot where it was found; even going on
an expedition to the Malheur in 1849 to look for it,
but without success.
Partial discoveries in many parts of the country
took the southern route into the Klamath Lake valley, one small train was
so completely cut off that their fate might never have been discovered but
for the information furnished by a Klamath Indian, who related the affair to
Abbott. The men and women were all killed at the moment of attack, and
the children, reserved for slavery, were removed with their plunder to the
island in Tule Lake, long famous as the refuge of the murderous Modocs.
A few days later, seeing other emigrant trains passing, the Indians became
apprehensive and killed their captives. Abbott made every effort to learn
something more definite, but without success. By some of the Modocs it
was denied; by others the crime was charged upon the Pit River Indians,
and the actual criminals were never brought to light. In the summer of
1858, also, that worthy Oregon pioneer, Felix Scott, and seven others had been
cut off by the Modocs, and a la"ge amount of property captured or destroyed.
Drew made a report on the Modocs, in Ind. Aff. Rept, 18G3, 59, where he
enumerates 1 12 victims of their hostility since 1852, and estimates the amount
of property taken at not less than §300,000.
26 As early as July 1850 two expeditious set out to explore for gold on the
Spokane and Yakima rivers, S. F. Pac. News, July 24 and Oct. 10, 1850;
but it was not found in quantities sufficient to cause any excitement. M. De
Saint-Amant, an envoy of the French government, travelling in Oregon in
1851, remarked, page 3G5 of his book, that without doubt gold existed in the
Yakima country, and added that the Indians daily found nuggets of the pre
cious metal. He gave the same account of the Spokane country, but I doubt
if his knowledge was gained from any more reliable source than rumor. There
were similar reports of the Pend d'Oreille country in 1852. Zabri«kie's Land
Law, 823. In 1853 Captain George B. MeClelLui, then connected with the
Pacific railroad survey, found traces of gold at the head-waters of the Yak
ima River. Stevens' Nurr., in Pac. R. R. Kept, xii. 140. In 1854 some mining
was done on that river and also on the Wenatchie. Or. Statesman, June 20,
1854; S. F. Alia, June 13, 1854; and prospecting was begun on Burnt River
in the autumn of the same year. Ebetj's Journal, MS., ii. 39, 50, and also
in the vicinity of The Dalles. 8. F. Alfa, Sept. 30, 1854. In 1855 there
were discoveries near Colville, the rush to which place was interrupted by the
Indian war. In 1857-8 followed the discoveries in British Columbia, and
the Frazer River excitement.
SEARCHING FOR GOLD. 479
north of the Columbia again in 1854 induced a fresh
search for the 'lost diggings,' as the forgotten locality
of the gold find in 1845 was called, which was as un
successful as the previous one. Such was the faith,
however, of those who had handled the stray nugget,
that parties resumed the search for the lost diggings,
while yet the Indians in all the eastern territory were
hostile, and mining was forbidden by the military au
thorities.27 The search was stimulated by Wallen's
report of his road expedition down the Malheur in
1859, gold being found on that stream; and in I860
there was formed in Lane county the company before
mentioned, which was attacked by the Snakes,28 and
robbed of several thousand dollars' worth of horses
and supplies. In August 1861 still another company
was organized to prosecute the search, but failed like
the others ; and breaking up, scattered in various parts
of the country, a small number remaining to pros
pect on the John Day and Powder rivers, where some
time in the autumn good diggings were discovered.29
27 In August 1857 James McBride, George L. Woods, Perry McCullock,
Henry Moore, and three others, Or. Argus, Aug. 8, 1857, left The Dalles, in
tending to go to the Malheur, but were driven back by the Snake Indians, and
fleeing westward, crossed the Cascade Mountains near the triple peaks of the
Three Sisters, emerging into the Willamette Valley in a famishing condition.
Victor's Trail-making in Oregon, in Overland Monthly. In August 1858 Mc
Bride organized a second expedition, consisting of 26 men, who after a month a
search returned disappointed. Or. Argus, Sept. 18, 1858. Other attempts
followed, but the exact locality of the lost diggings was never fixed.
28 This party was led by Henry Martin, who organized another company
the following year.
29 There were three companies exploring in eastern Oregon in 1861; the
one from Marion county is the one above referred to, seven men remaining
after the departure of the principal part of the expedition. It appears that
J. L. Adams was the actual discoverer of the John Day diggings, and one
Marshall of the Powder River mines. The other companies were from Clack-
amas and Lane, and each embraced about 60 men. The Lane company pros
pected the Malheur unsuccessfully. In Owen's Directory the discovery of
the John Day mines is incorrectly attributed to Calif ornians. Portland Ad
vertiser, in Olympia Herald, Nov. 7, 1861; Portland Oregonian,Nov. 7, 1861;
Sac Union, Nov. 16, 1861; N. Y. Engineering and Mining Journal, in Port
land D. Herald, March 22, 1871; Cat. Farmer, Feb. 27, 1863. Previous to
the announcement of the discoveries by the Oregon prospectors, E. D. Pierce
returned to Walla Walla from an expedition of eight weeks in extent, per
formed with a party of 20 through the country on the west side of Snake
River, taking in the Malheur, Burnt, Powder, and Grande Ronde rivers. He
reported finding an extensive gold-field on these streams, with room for thou
sands of miners, who could make from three to fifteen dollars a day each.
480 WAR AND DEVELOPMENT.
Two men working half a day on Powder River cleaned
up two and a half pounds of gold-dust. One claim
yielded $6,000 in four days; and one pan of earth con
tained $150. These stories created the liveliest inter
est in every part of Oregon, and led to an immediate
rush to the new gold-fields, though it was already
November when the discovery was made known.
Taken in connection with the discoveries in the
Nez Perce country, which preceded them by about a
year and a half, these events proved that gold-fields
extended from the southern boundary of Oregon to
the British possessions. Already the migration to
the Nez Perce, Oro Fino, and Salmon River mines
had caused a great improvement in the country. It
had excited a rapid growth in Portland and The
Dalles,30 and caused the organization of the Oregon
Steam Navigation Company,31 which in 1861 had
steamboats carrying freight three times a week to
Pierce brought specimens of silver-bearing rocks to be assayed. About forty
persons in Oct. had taken claims in the Grande Ronde Valley, prepared to
winter there. Portland Oregonian, Aug. 27, 18G1; Or. Statesman, Oct. 21,
1SG1; S. F. Bulletin, Oct. 24, 1801; Sac. Union, Nov. 4 and 10, 1801.
30 Wasco county was assessed in 18G3 $1,500,000, a gain of half a million
since 18G2, notwithstanding heavy losses by flood and snow. Or. Argus,
Sept, 28, 18G3.
31 The James P. Flint, a small iron propeller, built in the east, was the
first steamboat on the Columbia above the Cascades. She was hauled up
over the rapids in 1852 to run to The Dalles, for the Bradford brothers,
Daniel and Putnam. The Yakima war of 1855-6 gave the first real im
pulse to steamboating on the Columbia above the Willamette. The first
steamer built to run to the Cascades was the Belle, owned by J. C. Ainsworth
& Co., the next the Fashion, owned by J. 0. Van Bergen. J. S. Buckle soon
after built the Mountain Back. Others rapidly followed. In 185G between
the Cascades and The Dalles there were the Mary and the Wasco, built by
the Bradiords. In 1857 there was no steamboat above The Dalles, and Cap
tain Cram of the army confidently declared there never could be. I. J.
Stevers contradicted this view, and a correspondence ensued. Olympia Pier-
old, Dec. 24, 1858. In 1858 R. R. Thompson built a steamboat above the
Cascades, called The Venture, which getting into the current was carried over
t'le falls. She was repaired, named the Umatilla, and taken to Fraser
River. In the autumn and winter of 1858-9, R. R, Thompson and Lawrence
"W. Coe built the Colonel Wright above The Dalles, which in spite of Cram's
prognostics ran to Fort Walla Walla, to Priest's Rapids, and up Snake River.
Ihe JJdssaloe was also put on the river between the Cascades and The Dalles
in 1858, and below the Cascades the Carrie A. Ladd. There was at this
time a horse-railroad at the portage on the north side of the Cascades, owned
by Bradford & Co., built in 1853. In 1858 J. 0. Van Bergen purchased the
right of way on the south side of the Cascades, and began a tramway, like
that on the north side, but used in connection with his steamers. Subse-
STEAMERS ON THE COLUMBIA. 481
The Dalles for the country beyond. Walla Walla
Lad grown to be a thriving town and an outfitting
station for miners, where horses, cattle, saddles, har-
quently J. S. Ruckle and Henry Olmstead purchased it to complete their
line to The Dalles. At this stage of progress a company was formed by
Ainsworth, Ruckle, and Bradford & Co., their common property being the
Carrie A. Ladd, Sefwrlta, Belle, Mountain Buck, another small steamer run
ning to The Dalles, and five miles of horse-railroad on the north side of the
river. The company styled itself the Union Transportation Company, and
soon purchased the Independence and Wasco, owned by Alexander Ankeny,
and the James P. Flint and Fashion, owned by J. 0. Van Bergen.
As there was no law in Oregon at this time under which corporations
could be established, the above-named company obtained from the legislature
of Washington an act incorporating it under the name of the Oregon Steam
Navigation Company. When the Oregon legislature passed a general incor
poration act granting the same privileges enjoyed under the Washington law,
the company was incorporated under it, and paid taxes in Oregon. In 1861
the railroad portage on the south side of the Cascades was completed, and the
following year the 0. S. N. Co. purchased it, laying down iron rails and put
ting on a locomotive built at the Vulcan foundery of S. F. The first train
run over the road was on April 20, 1863, and the same day the railroad port
age from The Dalles to Celilo was opened. Meantime the O. S. N. Co.
had consolidated with Thompson and Coe above The Dalles in 1861, and now
became a powerful monopoly, controlling the navigation of the Columbia
above the Willamette. Their charges for passage and freight were always
as high as they would stand, this being the principle on which charges were
regulated, rather than the cost of transportation.
In 1863 the People's Transportation Company built the E. D. Baker to
run to the Cascades; another, the 7m, between the Cascades and The Dalles;
and a third, the Cayuse, above The Dalles. They lost the contract for carry
ing the government freight, and the 0. S. N. Co. so reduced their rates as to
leave the opposition small profits in competition. A compromise was effected
by purchasing the property of the people's line above the Cascades, paying
for the (.'ay use and Iris in three boats running between Portland and Oregon
City, and $10,000; the 0. S. N. Co. to have the exclusive navigation of the
Columbia and the people's line to confine their business to the Willamette,
above Portland. In 1865 all the boats on the lower Columbia were purchased.
In 1879 the O. S. N. Co. sold its interests, which had greatly multiplied and
increased, to the Oregon Railway and Navigation Company, a corporation
which included river, ocean, and railroad transportation, and which repre
sented many millions of capital. Ainsworth formerly commanded a Missis
sippi River steamboat. Ruckle came to Oregon in 1855, and became captain
of Van Bergen's boat, the Fashion. Then he built a boat for himself, the
Mountain Buck, and then the railroad portage. He was a successful projector,
and made money in various ways. In 1864-5 he assisted George Thomas and
others to construct a stage road over the Blue Mountains; and also engaged
in quartz mining, developing the famous Rockfellow lode between Powder
and Burnt rivers, which was later the Virtue mine. S. G. Reed came from
Massachusetts to Oregon about 1851. He was keeping a small store at Rai
nier in 1853, but soon removed to Portland, where he became a member of
the O. S. N. Co. in a few years. He has given much attention to the raisi
ing of fine-blooded stock on his farm in Washington county. Parker's Puget
Sound, MS., 1; Dalles Inland Empire, Dec. 28, 1878. John H. Wolf com
manded The Cascades; John Babbage the Julia and the Emma Hayward;
J. McNulty the Hassaloe and Mountain Queen. Thomas J. Stump could run
The Dalles and the Cascades at a certain stage of water with a steamboat.
Other steamboat men were Samuel D. Holmes, Sebastian Miller. Leonard
HIST. OB., VOL. II. 31
482 WAR AND DEVELOPMENT.
ness, clothing, and provisions were required in large
quantities and sold at high prices. Lewiston had
also sprung up at the junction of the Clearwater and
Snake rivers, besides several mining towns in the gold-
fields to the east. Nor were mining and cattle-rais
ing the only industries to which eastern Oregon and
Washington proved to be adapted. Contrary to the
generally received notion of the nature of the soil of
these grassy plains, the ground, wherever it was culti
vated, raised abundant crops, and agriculture became
at once a prominent and remunerative occupation of
the settlers, who found in the mines a ready market.
But down to the close of 1861, when the John Day
and Powder River mines were discovered, the bene
fits of the great improvements which I have men
tioned had accrued chiefly to Washington, although
founded with the money of Oregonians, a state of
things which did not fail to call forth invidious com
ment by the press of Oregon. But now it was anti
cipated that the state was to reap a golden harvest
from her own soil, and preparations were made in
every part of the Pacific coast for a grand movement
in the spring toward the new land of promise.
Before the vivid anticipations of the gold-hunters
could be realized a new form of calamity had come.
White, W. P. Gray, Ephraim Baugliman of the E. D. Baker and later of
the 0. S. N. Co.'s boats above The Dalles; Josiah Myrick of the Wilson G.
Hunt and other boats; James Strang of the Rescue and Wenat; Joseph Kel
logg of the Rescue and the Kellogg; William Smith of the Wenat; William
Turnbull of the Fannie Troup; Eichard Hobson of the Josie McNear; James
M. Oilman and Sherwood of the Annie Stewart; Gray, Felton, and Holman,
\vhose names are associated with the ante-railroad days of transportation in
Oregon. See McCrackerfs Early Steamboating, MS. ; Deady's Hist. Or. , MS. ;
Deady's Scrap-book; Or. Argus, Feb. 22, 1862; Portland Oregonian, Dec. 20,
1864, and July 31, 1865; Or. Statesman, April 7, 1862; Olympia Pioneer and
Democrat, Sept. 10, 1858; Olympia Herald, Sept. 10, 1858; Land Off. Rept,
1867, 69; U. S. Sec. War Rept, ii. 509-11, 40th cong. 2d sess.; Cong. Globe,
1865-6, pt v. ap. 317, 39th cong. 1st sess.; Or. City Enterprise, Dec. 29, I860;
Dalles Mountaineer, Jan. 19, 1866; Rusling's Across America, 231, 250; S. F.
Bulletin, July 20, 1858; 8. F. Alta, March 4, 1862; Or. Laws, 1860, ap. 2;
Census, 8th, 331; Ford's Road-makers, MS., 31; Or. Reports, iii. 169-70; Mo
Cormictts Portland Directory, 1872, 30-1; Or. Deutsch Zcitung, June 21, 1879;
Portland Standard, July 4, 1879; Astorian, July 11, 1879; Portland Ore
gonian, April 20 and June 15, 1878; Richardson's Mississ., 401; Owen's Di-
• rectory, 1865, 141; Bowies' Northwest, 482-3.
A DISASTROUS FLOOD. 4,83
Toward the last of November a deluge of rain began,
which, being protracted for several days, inundated
all the valleys west of the Sierra Nevada and Cascade
ranges, from southern California to northern Wash
ington, destroying the accumulations of years of indus
try. No flood approaching it in volume had been
witnessed since the winter of 1844. All over the
Willamette the countrv was covered with the wreck
age of houses, barns, bridges, and fencing; while cattle,
small stock, storehouses of grain, mills, and other
property were washed away. A number of lives
were lost, and many imperilled. In the streets of
Salem the river ran in a current four feet deep for a
quarter of a mile in breadth. At Oregon City all the
mills, the breakwater, and hoisting works of the Mill
ing and Transportation Company, the foundery, the
Oregon Hotel, and many more structures were
destroyed and carried away. Linn City was swept
clean of buildings, and Canemah laid waste. Cham-
poeg had no houses left; and so on up the river, every
where.32 The Umpqua River rose until it carried
away the whole of lower Scottsburg, with all the mills
and improvements on the main river, and the rains
destroyed the military road on which had been
expended fifty thousand dollars.33 The weather con
tinued stormy, and toward christmas the rain turned
to snow, the cold being unusual. On the 13th of
January there had been no overland mail from Cali
fornia for more than six weeks, the Columbia was
blocked with ice, which came down from its upper
branches, and no steamers could reach Portland from
the ocean, while there was no communication by land
or water with eastern Oregon and Washington; which
state of things lasted until the 20th, when the ice in
the Willamette and elsewhere began breaking up, and
the cold relaxed.
82 In the following summer the first saw-mill was erected at Gardiner.
33 Or. Statesman, Dec. 9 and 16, 1861. The rain-fall from October to
March was 71.60 inches. Id., May 19, 1862.
484 WAR AND DEVELOPMENT.
Such a season as this coming upon miners and
travellers in the sparsely settled upper country was
sure to occasion disaster. It strewed the plains with
dead men, whose remains were washed down by the
next summer's flood, and destroyed as many as twenty-
live thousand cattle. A herder on the Tucannon
froze to death with all the animals in his charge.
Travellers lay down by the wayside and slept the
sleep that is dreamless. A sad tale is told of the pio
neers of the John Day mines, who were wintering at
the base of the Blue mountains to be ready for the
opening of spring, many of whom were murdered and
their bodies eaten by the Snakes.34
The flood and cold of winter were followed in May
by another flood, caused by the rapid melting of the
large body of snow in the upper country. The water
rose at The Dalles several feet over the principal
streets, and the back-water from the Columbia over
flowed the lower portion of Portland. On the 14th
of June the river was twenty-eight feet above low-
water mark. The damages sustained along the Co
lumbia were estimated at more than a hundred thou
sand dollars, although the Columbia Valley was almost
in its wild state. Added to the losses of the winter,
the whole country had sustained great injury. On
the other hand, there was a prospect of rapidly re
covering from the natural depression. The John Day
mines were said by old California miners to be the
richest yet discovered. This does not seem to have
proved true as compared with Salmon River; but
they were undoubtedly rich. By the 1st of July
there were nearly a thousand persons mining and
trading on the head waters of this river. New discov
eries were made on Granite Creek, the north branch
of the North Fork of John Day, later in the season,
34 Of the perilous and fatal adventures of a party of express messengers
and travellers in this region, John D. James, J. E. Jagger, Moody, Gay, Niles,
Jeffries, Wilson, Bolton, and others, also of a party bound for the John Day
River mines, full details are given in Califomki Inter Pocula, this series.
JOHN DAY AND POWDER RIVER. 485
which yielded from twenty to fifty dollars a day. Nor
were the mines the sole attraction of this region : the
country itself was e.igerly seized upon; almost every
quarter-section of land along the streams was claimed
and had a cabin erected upon it,35 with every prepara
tion for a permanent residence.
About a dozen men wintered in the Powder River
Valley, not suffering cold or annoyed by Indians.
This valley was found to contain a large amount of
fertile land capable of sustaining a large population.
It was bounded by a high range of granite mountains,
rising precipitously from the western edge of the
basin, while on the north and south it was shut in
by high rolling hills covered with nutritious grass.
To the east rose a lower range of the same rolling
hills, beyond which towered another granite ridge
similar to that on the west. The river received its
numerous tributaries, rising in the south and west,
and united them in one on the north-east side of
the valley, thus furnishing an abundance of water
courses throughout.
In this charming locality, where a little handful of
miners hibernated for several months, cut off from all
the world, in less than four months after the snow
blockade was raised a thriving town had sprung up
and a new county was organized, a hundred votes
being cast at the June election, and the returns
being made to the secretary of state as "the vote
of Baker county." M The Grand Rond Valley had
always been the admiration of travellers. A por-
85 Ebey's Journal, MS., viii. 237-8.
36 'They assumed to organize,' said the Statesman of June 23, 1862, 'and
named the precincts Union and Auburn, and elected officers. One precinct
made returns properly from Wasco county.' The legislative assembly in the
following September organized the county of Baker legally by act. Sydney
Abell was the first justice of the peace. He died in May 1863, being over
50 years of age. He was formerly from Springfield, 111., but more recently
from Marysville, Cal. Portland Oregonian, May 28, 1863. At the first mu
nicipal election of Auburn Jacob Norcross was elected mayor; 0. M. Howe
recorder; J. J. Dooley treasurer; A. C. Lowring, D. A. Johnson, J . Loveil,
D. M. Belknap, J. R. Totman, aldermen. Or. Statesman, Nov. 17, 1862.
Umatilla county was also established in 1862.
486 WAR AND DEVELOPMENT.
tion of the immigration of 1843 had desired to settle
here, but was prevented by its distance from a
base of supplies. Every subsequent immigration
had looked upon it with envying eyes, but had
been deterred by various circumstances from set
tling in it. It was the discovery of gold, after all,
which made it practicable to inhabit it. In the win
ter of 1861-2 a mill site had been selected, and there
were five log houses erected all at one point for
greater security from the incursions of the Snake
Indians, and the embryo city was called La Grande.
It had at this date twenty inhabitants, ten of whom
were men. It grew rapidly for three or four years,
being incorported in 1864,37 and after the first flush of
the mining fever, settled down to steady if slow ad
vancement.
The pioneers of Grand Rond suffered none of those
hardships from severe weather experienced in the John
Day region or at Walla Walla. Only eighteen inches
of snow fell in January, which disappeared in a few
days, leaving the meadows green for their cattle to
graze on. La Grande had another advantage: 10 was
on the immigrant road, which gave it communication
with the Columbia. Another road was being opened
eastward fifty miles to the Snake River, on a direct
course to the Salmon River mines; and a road was
also opened in the previous November from the west
ern foot of the Blue Mountains to the Grande Ronde
Valley, which was to be extended to the Powder
River Valley.38
37 Owens' Directory, 1865, 140; Or. Jour. House, 1864, 83. The French
voyageurs sometimes called the Grand Rond, La Grande Vallee, and the
American settlers subsequently adopted the adjective as a name for their
town, instead of the longer phrase Ville de la Grande Vallee, which was
meant.
38 The last road mentioned was one stipulated for in the treaty of 1855
with the Cayuse and Umatilla Indians, which should be 'located and opened
from Powder River or Grand Rond to the western base of the Blue Moun
tains, south of the southern limits of the reservations.' The explorations
were made under the direction of H. G. Thornton, by order of Wm H. Rector.
The distance by this road from the base to the summit is sixteen miles;
from the summit to Grand Rond River, eighteen miles; and down the river
to the old emigrant road, twelve miles. It first touched the Grand Roiid
THE GRAND RONDE.
487
Such was the magical growth of a country four
hundred miles from the seaboard, and but recently
opened to settlement. In twenty years it had be
come a rich and populous agricultural region, holding
its mining resources as secondary to the cultivation
of the soil.
River about midway between Grand Rond and Powder River valley, and
turned south to the latter from this point. Ind. Aff. Repty 1861, 154; Port-
laud Oregunian, Feb. 6, 18H2.
CHAPTER XX.
MILITARY ORGANIZATION AND OPERATIONS.
1861-1865.
APPROPRIATION ASKED FOR — GENERAL WRIGHT — Six COMPANIES RAISED —
ATTITUDE TOWARD SECESSIONISTS— FIRST OREGON CAVALRY — EXPE
DITIONS OF MAURY, DRAKE, AND CURRY — FORT BOISE ESTABLISHED —
RECONNOISSANCE OF DREW — TREATY WITH THE KLAMATHS AND MO-
DOCS — ACTION OF THE LEGISLATURE — FIRST INFANTRY OREGON VOL
UNTEERS.
SOMETIME during the autumn or winter of 1860 the
military department of Oregon was merged in that
of the Pacific, Brigadier-general E. V. Suinner com
manding; Colonel Wright retaining his position of
commander of the district of Oregon and Washington.
The regular force in the country being much reduced
by the drafts made upon it to increase the army in
the east,1 Wright apologized for the abandoment of
the country by troops at a time when Indian wars
and disunion intrigue made them seem indispensable,
but declared that every minor consideration must give
way to the preservation of the union.2
Fearing lest the emigrant route might be left un
protected, a call was made by the people of Walla
1 There were only about 700 men and 19 commissioned officers left in the
whole of Oregon and Washington in 1S61. The garrisons left were 111 men
under Captain H. M. Black at Vancouver; 116 men under Maj. Lugenbeelat
Colville; 127 men under Maj. Steen at Walla Walla; 41 men under Capt.
Van Voast at Cascades; 43 men under Capt. F. T. Dent at Hoskins; 110 men
at the two posts of Steilacoom and Camp Picket; and 54 men under Lieut-
colonel Buchanan at The Dalles. U. S. Sen. Doc., 1, vol. ii. 32, 37th cong.
2d sess. Even the revenue cutter Jo Lane belonging to Astoria was ordered
to New York. Or. Argus, June 29, 1861.
2 See letter in Or. Statesman, July 1, 1861.
(488)
INDIAN TROUBLES. 489
Walla Valley to form a company to guard the immi
gration, a plan which was abandoned on learning that
congress had made an appropriation asked for by the
legislature of $50,000 for the purpose of furnishing
an escort.3
Although no violent outbreaks occurred in 1861,
both the people and the military authorities were ap
prehensive that the Indians, learning that civil war
existed, and seeing that the soldiery were withdrawn,
might return to hostilities, the opportunities offered
by the numerous small parties of miners travelling to
and fro heightening the temptation and the danger.4
Some color was given to these fears by the conduct
of the Indians on the coast reservation, who, finding
Fort Urnpqua abandoned, raised an insurrection, took
possession of the storehouse at the agency, and at
tempted to return to their former country. They
were however prevented carrying out their scheme,
only the leaders escaping, and the guard at Fort Hos-
kins was strengthened by a small detachment from
Fort Yamhill. Several murders having been commit
ted in the Modoc, Pit River, and Pah Ute country,
a company of forty men under Lindsey Applegate,
who had been appointed special Indian agent, went
to the protection of travellers through ^that region,
and none too soon to prevent the destruction of a train
of immigrants at Bloody Point, where they were found
surrounded.5 On the appearance of Applegate's com-
3 Or. Argus, June 15, 1861; Cong. Globe, 1860-1, pt ii. 1213, 36th cong. 2d
sess.; Id., 1324-5; Id., app. 3G2.
4 On the Barlow route to The Dalles the Tyghe Indians from the Warm
Spring reservation murdered several travellers in the month of July. Among
the killed were Jarvis Briggs, and his son aged 28 years, residents of Linn
county, and pioneers of Oregon, from Terre Haute, Indiana. Or. Statesman,
Aug. 26, 1861. The murderers of these two were apprehended and hanged.
The Pit River Indians and Modocs killed Joseph Bailey, member elect to the
Oregon legislature, in August, while driving a herd of 800 cattle to the Nevada
mines. Bailey was a large and athletic man, and fought desperately for his
life, killing several Indians after he was wounded. Samuel Evans and John
Sims were also killed, the remainder of the party escaping. Or. Statesman,
6W. Aff. 'Kept, 1863, 59; Portland Oregonian, Aug. 27, 1861; 0. C. . Ap-
plegate's Modoc Hist., MS., 17. Present at this ambush were some of the
Modocs celebrated afterward in the war of 1872-3; namely, Sconchin, Scar-
face, Black Jim, and others.
490 MILITARY ORGANIZATION AND OPERATIONS.
pany the Modocs retreated, and no farther violence
occurred during the season. In anticipation of simi
lar occurrences, Colonel Wright in June 1861 made a
requisition upon Governor Whiteaker for a cavalry
company. It was proposed that the company be en
listed for three years, unless sooner discharged, and
mustered into the service of the United States, with
the pay and according to the rules and regulations of
the regular army, with the exception that the com
pany should furnish its own horses, for which they
would receive compensation for use or loss in service.
A. P. Dennison, former Indian agent at The Dalles,
was appointed enrolling officer; but the suspicion
which attached to him, as well as to the governor, of
sympathy with the rebellion, hindered the success of
the undertaking, which finally was ordered discon
tinued,6 and the enlisted men were disbanded.
In the mean time Wright was transferred to Cali
fornia to take the command of troops in the southern
part of that state, for the suppression of rebellion,
while Lieutenant-colonel Albemarle Cady, of the 7th
infantry, was assigned to the command of the district
of Oregon. Soon after, Wright was made brigadier-
general, and placed in command of the department of
the Pacific.7 As troops were withdrawn from the
6 Or. Statesman, June 17 and Oct. 21, 1861; Or. Jour. House, 1862, app.
22-4.
7 He was a native of Vt, graduated from West Point in 1822, and was pro
moted to the rank of 2d lieut in the 3d inf. in July, and to the rank of 1st
lieut in Sept. of the same year. He served in the west, principally at Jeffer
son Barracks, Mo., and in Indian campaigns on the frontier, until 1831, when
he was transferred to La, with the 3d inf., occupying the position of adj. to
that reg. until 1836, when he was promoted to a captaincy in the 8th inf.
He served through the Florida war, and under the command of Gen. Taylor,
fought at Palo Alto and Resaca de la Palma in Mexico, after which he was
transferred to Scott's command. He received three brevets for gallant ser
vices before being promoted to the rank of maj., one in the Florida war, one
after the battles of Coutreras and Churubusco, Mexico, and the last, that of
col, after the battle of Molino del Rey. Wright came to the Pacific coast
with the 5th inf. in 1852, holding the rank of maj., and was promoted to a
colonelcy Feb. 3, 1855, and the following month was appointed to command
the reg. of 9th inf., for which provision had just been made by congress. He
went east, raised his regiment, and returned in Jan. 1856, when he was or
dered to Or. and Wash. He remained in that military district, as we have
seen, until the summer of 1861. In Sept. he was ordered to S. F., and soon
after relieved Gen. Sumner in the command of the department of the Pacific,
ENLISTING FOR THE WAR. 491
several posts in Oregon and Washington he replaced
them with volunteer companies from California. On
the 28th of October 350 volunteer troops arrived at
Vancouver and were sent to garrison forts Yamhill
and Steilacoom. On the 20th of November five com
panies arrived under the command of Major Curtis
two of which were despatched to Fort Colville, and
two to Fort Walla Walla, one remaining at The
Dalles.8
The attempt to enlist men through the state authori
ties having failed, the war department in November
made Thomas R Cornelius colonel, and directed him
to raise ten companies of cavalry for the service of
the United States for three years; this regiment
being, as it was supposed, a portion of the 500,000
whose enlistment was authorized by the last congress.
K. Jj. Maury was commissioned lieutenant-colonel
>enjamm F. Harding quartermaster, C. S. Drew
major, and J. S. Rinearson junior major. Volun
teers for themselves and horses were to receive thirty-
one dollars a month, $100 bounty at the expiration of
service, and a land warrant of 160 acres. Notwith
standing wages on farms and in the mines were hio-h,
men enlisted in the hope of going east to fight.9 Six
being appointed brig. -gen. on the 28th Sept. He remained in command till
A.Rowell and
The M- Or. Statesman,
disc9im1nedJ'^i ^y™' 'If! was thought as soon as we should become
disciplined, if the war should continue, we would be taken east, should there
be no war on this coast. For my own part, I should have gone to the army
Ca±swerrrl lv V^T Understa*ding' ' ^torlcal Correspondence^.
fi,sTPpm estaAbllShed m. J5ckson> Ma™n, and Clackamas counties. The
ist company, A, was raised in Jackson county, Capt T S Harris The
second, B, m Marion, Capt. E. J. Harding. Company C 'was raised at
Vancouver by Capt. William Kelly. D company was Raised in Jackson
county by Capt. S. Truax; company E by CaptP George B Curry in Wasco
county; and company F, of the southern battalion, by Capt Vmiam J
Matthews principally in Josephine county. Captains D. P? Thompson of
Oregon City, and fiemick Cowles, of Umcqua county, also raised companies
492 MILITARY ORGANIZATION AND OPERATIONS.
companies being fully organized, the regiment was
ordered to Vancouver about the last of May 1862,
where it was clothed with United States uniforms,
and armed with old-fashioned muzzle-loading rifles,
pistols, and sabres; after which it proceeded to The
Dalles.
On the 3d of June, Colonel Cornelius arrived at
Fort Walla Walla with companies B and E, and took
command of that post. About two weeks later the
three southern companies followed, making a force of
600. The necessity for some military force at home
was not altogether unfelt. The early reverses of the
federal army gave encouragement to secession on the
Pacific coast. General Wright, on the 30th of April,
1862, issued an order confiscating the property of
rebels within the limits of his department, and mak
ing sales or transfers of land by such persons illegal.10
Government officers refused to purchase forage or
provisions from disloyal firms; and disloyal newspa
pers were excluded from the mails.11
or parts of companies. Brown's Autobiography, MS., 47; Letter of Lieut Way-
mire, in Historical Correspondence, MS.; RhineharCs Oregon Cavalry, MS.,
1-2.
10 A circular was issued from the land office at Washington confining grants
of land to persons 'loyal to the United States, and to such only;' and requir
ing all surveyors and preemptors to take the oath of allegiance. Or. Argus,
March 8, 1862; Or. Statesman, March 3, 1862.
11 The Albany Democrat was excluded from the mails; also the Southern
Oregon Gazette, the Eugene Democratic Register, and next the Albany Inquirer,
followed by the Portland Advertiser, published by S. J. McCormick, and the
Corvalli* Union, conducted by Patrick J. Malone. W. G. T' Vault started a
secession journal at Jacksonville in November 1862, called the Oregon Intelli
gencer. The Albany Democrat resumed publication by permission, under the
charge of James O'Meara in the early part of February 18(53. In May
O'Meara revived the Eugene, Register, under the name of Democratic Review.
The Democratic State Journal at The Dalles was sold in 1863 to W. W. Ban
croft, and changed to a union paper, in Idaho. Union journals were started
about this time; among them The State Republican, at Eugene City, was first
published by Shaw & Davis on the materials of the People's Press, in Jan
uary 1862, edited by J. M. Gale, and the Union Crusader at the same place,
by A. C. Edmonds, in October, changed in a month to The, Herald of Re
form. The first daily published in Oregon was the Portland News, April 18,
1839; S. A. English & Co. The Portland Daily Times was first issued Dec.
19, 1860, and the Portland Daily Oregonian, Feb. 4, 1861. The first news-
Weekly
Portland Times, and the following year a democratic journal, the Columbia,
FIRST OREGON CAVALRY.
The 1st Oregon cavalry remained at Walla Walla
with little or nothing to do until the 28th of July.
In the mean time Cornelius resigned, and Colonel
Steinberger of the Washington regiment took com
mand.12 It had been designed that a portion of the
Oregon regiment should make an expedition to meet
and escort the immigration, and if possible to Arrest
arid punish the murderers of the immigrants ^in the
autumn of 1860. General Alvord ordered Lieuten
ant-colonel Maury, with the companies of Harris,
Harding, and Truax, to proceed upon the errand.*
The history of the 1st Oregon cavalry from 1862
to 1865 is the history of Indian raids upon the min
ing and new farming settlements, and of scouting and
fighting by the several companies. Like the volun
teers of southern Oregon, they were called upon to
guard roads, escort trains, pursue robber bands to their
strongholds, avenge murders,14 and to make explora
tions of the country, much of which was still un
known.
In January 1863 a call was made for six companies
of volunteers to fill up the 1st regiment of Oregon
cavalry, notwithstanding a very thorough militia or
ganization had been effected under the militia law of
1862, which gave the governor great discretionary
power and placed several regiments at his disposal.
The work of recruiting progressed slowly, the dis-
Press, by J. C. Dow and T. W. Avery. Neither continued long. Other
ephemeral publications appeared at Salem, Portland, and elsewhere. In
1865 Oregon had well established 9 weekly and 3 daily journals. ^
12 Colonel Justin Steinberger was of Pierce county, Washington Territory.
He raised 4 companies of his regiment in California, and arrived with them
at Vancouver on the 4th of May, relieving Colonel Cady of the command of
the district. In July Brigadier-general Alvord arrived at Vancouver to take
the district. In July Brigadier-general Alvorcl arrived at v ancouver TO i«iK«
command of the district of Oregon, and Steinberger repaired to Walla Walla.
Olympia Herald, Jan. 28, March 20, April 17, 1862; Olympia Standard,
Aug 9, 1862; Or. Statesman, June 30, 1862.
1* The immigration of 1862 has been placed by some writers as high as
30 000 and probably reached 26,000. Of these 10,000 went to Oregon, 8,000
to Utah, 8,000 to California. Olympia Standard, Oct. 11 and 25, 1862. The
greater portion of the so-called Oregon immigration settled in the mining
region east of the Snake River and in the valleys of Grande Eonde, Powder
Elver, John Day, and Walla Walla.
14 The fate of many small parties must forever remain unknown.
404 MILITARY ORGANIZATION AND OPERATIONS.
engaged men of the state who had not enlisted being
absent in the mines. One company only was raised
during the summer, and it began to be feared that a
draft would be resorted to, Provost Marshal J. M.
Keeler having been sent to Oregon to make an en
rolment.
The situation of Oregon at this time was peculiar,
and not without danger. The sympathy of England
and France with the cause of the states in rebellion,
the unsettled question of the north-western portion of
the United States boundary, known as the San Juan
question, the action of the French government in
setting up an empire in Mexico, taken together with
the fact that no forts or defences existed on the coast of
Oregon and Washington, that there was a constantly
increasing element of disloyalty upon the eastern and
southern borders, as well as in its midst, which might
at any time combine with a foreign power or with the
Indians — all contributed to a feeling of uneasiness.
Oregon had not raised her share of troops for the
service of the United States, and had but seven
companies in the field, while California had nearly
nine regiments. California had volunteers in every
part of the Pacific States, even in the Willamette
Valley. Troops were needed to serve on Oregon soil,
and to protect the Oregon frontier. A post was
needed at Boise* to protect the immigration, and an
expedition against the Snakes was required. Every
thing was done to stimulate a military spirit. By the
militia law, the governor, adjutant-general, and sec
retary of state constituted a board of military audit
ors to audit all reasonable expenses incurred by vol
unteer companies in the service of the state. This
board publicly offered premiums for perfection in
drill, the test to be made at the time of holding the
state fair at Salem.
The war department had at length consented to
allow posts to be established at Boise*, and at some
NEW GOVERNMENT POSTS. 495
point between the Klamath and Goose Lakes, near
the southern immigrant road; and in the spring of
1863 Major Drew, who in May was promoted to the
rank of lieutenant-colonel of the 1st Oregon cavalry,
sent Captain Kelly with company C to construct and
garrison Fort Klamath. The remainder of the regi
ment was employed in the Walla Walla and Nez
Perce country in keeping peace between the white
people and Indians, and in pursuing and arresting
highwaymen, whiskey-sellers, and horse-thieves, with
which the whole upper country was infested at this
period of its history, and who could seldom be ar
rested without the assistance of the cavalry, whose
horses they kept worn down by long marches to re
cover both private and government property.
On the 13th of June an expedition set out, whose
object was to find and punish the Snakes, consisting
of companies A, D, and E, with a train of 150 pack-
mules under Colonel Maury from the Lapwai agency.
Following the trail to the Salmon^ River mines, they
passed over a rugged country to Little Salmon River,
and thence over a timbered mountain ridge to the
head waters of the Payette.15 The command then
proceeded by easy marches to Boise River to meet
Major Lugenbeel, who had left Walla Walla June
10th by the immigrant road to establish a govern
ment post on that river near the line of travel. ^ On
July 1st, the day before Maury 's arrival, the site of
the fort was selected about forty miles above the old
Hudson's Bay Company's fort, and near the site of
the present Boise City.13 While at the encampment
15 Or. Argus, July 27, 1863, contains a good description of this country, by
J. T. Apperson, lieutenant.
16 The immigration of 1863 was escorted, as that of the previous year had
been by a volunteer company under Captain Medorum Crawford who went
east to organize it, congress having appropriated $30,000 to meet the expense;
$10 000 of which was for the protection of emigrants by the Fort Benton and
Mullan wagon-road route. See Cong. Globe ,1862-3, part n. app 182, 37th
cong. 3d SMB.; letter of J. R. McBride, in Or. Argus, May 16, 1863. Ihe
immigration was much less than in the previous year, only about 400 wagons.
Among them was a large train bound for the town ot Aurora, founded by
496 MILITARY ORGANIZATION AND OPERATIONS.
on Salmon Falls Creek, Curry with twenty men
made an expedition across the barren region between
Snake River and the Goose Creek Mountains,17 toward
the Owyhee, through a country never before explored.
At the same time the main command proceeded
along to Bruneau River, on which stream, after a sep
aration of eleven days, it was rejoined by Curry, who
had travelled four hundred miles over a rousrh vol-
O
canic region.18 After an expedition by Lieutenant
Waymire19 up Bruneau River, the troops returned
to Fort Walla Walla, where they arrived on the 26th
of October.
In March Maury was promoted to the colonelcy
of the regiment, C. S. Drew to be lieutenant-colo
nel, and S. Truax to be major. Rhinehart was made
regimental adjutant, with the rank of captain, and
took command of company A, Harris having re
signed at the close of the Snake River expedition.
Rinearson was stationed at Fort Boisd to complete
its construction. Lieutenants Caldwell, Drake, and
Small were promoted to the rank of captain; second
lieutenants Hopkins, Hobart, McCall, Steele, Hand,
and Underwood to the rank of first lieutenants. Those
who had been promoted from the ranks were Way-
mire, Pepoon, Bowen, and James L. Curry.
The first expedition in the field in 1864 was one
under Lieutenant Waymire consisting of twenty-six
men, which left The Dalles on the 1st of March, en-
Dr Keil in Marion county several years before, upon the community system.
Deadtfs Hist, Or., MS., 78.
17 The reports of the expedition and the published maps do not agree.
The latter place the Goose Creek Mountains to the south-east. Captain
Curry, however, travelled south-west toward a chain of mountains nearly
parallel with the range mentioned, which on the map is not distinguished
by a name, in which the Bruneau and Owyhee rivers take their rise.
18 Curry says: 'With the exception of two camps made near the summit
of Goose Creek Mountains, the remainder were made in fissures in the earth
so deep that neither the pole star nor the 7-pointers could be seen.' The
whole of Curry's report of this expedition is interesting and well written.
See Rept of Adjutant Oe.n. of Or., 1866, 28.
19 Waymire, in Historical Correspondence. MS.: S. F. Evening Post, Oct.
28, 1882.
WAYMIRE'S EXPEDITION. 497
camping on the 17th on the south fork of John Day
River, thirty-three miles from Canon City. This
temporary station was called Camp Lincoln. From
this point he pursued a band of Indian horse-thieves
to Harney Lake Valley, where he found before him
in the field a party of miners under C. H. Miller.20
The united force continued the search, and in three
days came upon two hundred Indians, whom they
fought, killing some, but achieving no signal success.
Early in June, General Alvord made a requisition
upon Governor Gibbs for a company of forty mounted
men, to be upon the same footing and to act as a de
tachment of the 1st Oregon cavalry, for the purpose
of guarding the Canon City road. The proclama
tion was made, and Nathan Olney of The Dalles ap
pointed recruiting officer, with the rank of 2d lieuten
ant. The term of service required was only four
months, or until the cavalry which was in the field
should have returned to the forts in the neighborhood
of the settlements and mines. The people of The
Dalles, whose interests suffered by the frequent raids
of the Indians, offered to make up a bounty in addition
to the pay of the government. The company was
raised, and left The Dalles July 19th, to patrol the
road between The Dalles and the company of Captain
Caldwell, which performed this duty on the south fork
of John Day River.
In the summer of 1864 every man of the Oregon
cavalry was in the field. Immediately after Lieuten
ant Waymire's expedition a larger one, consisting of
companies D, G, and part of B, was ordered to
Crooked River, there to establish headquarters.
With them went twenty-five scouts from the Warm
Spring reservation, under Donald McKay, half-
brother of W. C. McKay. This force left The Dalles
April 20th, under the command of Captain Drake,
20 Joaquin Miller, author subsequently of several poetical works, stories,
and plays. He had but lately been editor of the Democratic Register of Eu
gene City, which was suppressed by order of Col. Wright for promulgating
disloyal sentiments.
HIST. OB. VOL. II. 32
498 MILITARY ORGANIZATION AND OPERATIONS.
being reenforced at Warm Spring by Small's com
pany from Vancouver, and arriving at Steen's old camp
May 17th, where a depot was made, and the place
called Camp Maury. It was situated three miles from
Crooked River, near its juncture with Des Chutes, in
a small canon heavily timbered with pine, and abun
dantly watered by cold mountain springs. The scouts
soon discovered a camp of the enemy about fourteen
miles to the east, who had with them a large number
of horses. Lieutenants McCall and Watson, with
thirty-five men and some of the Indian scouts, set out
at ten o'clock at night to surround and surprise the
savages, but when day dawned it was discovered that
they were strongly intrenched behind the rocks.
McCall directed Watson to advance on the front with
his men, while he and McKay attacked on both flanks.
Watson executed his duty promptly, but McCall, be
ing detained by the capture of a herd of horses, was
diverted from the main attack. On hearing Watson's
fire he hastened on, but finding himself in the range
of the guns had to make a detour, which lengthened
the delay. In the mean time the Indians concentrated
their fire on those who first attacked, and Watson was
shot through the heart while cheering on his men,
two of whom were killed beside him, and five others
wounded. The Indians made their escape. On the
20th of May Waymire, who had relieved Watson at
Warm Spring, was ordered to join Drake's command,
and on the 7th of June all the companies concentrating
at Camp Maury proceeded to Harney Valley, where
it was intended to establish a depot, but finding the
water in the lake brackish and the grass poor, the
plan was abandoned. Somewhere in this region Drake
expected to meet Curry, who with A and E compa
nies, ten Cayuse scouts under Umhowlitz, and Colo
nel Maury had left Walla Walla on the 28th of April,
by way of the immigrant road for Fort Boise and the
Owyhee, but two weeks elapsed before a junction was
.made.
CURRY'S EXPEDITION. 499
Curry's expedition on reaching old Fort Boise was
reenforced by Captain Barry of the 1st Washington
infantry, with twenty-five men. A temporary depot
was established eight miles up the Owyhee River and
placed in charge of Barry. The cavalry marched up
the west bank of the river to the mouth of a tribu
tary called Martin Creek, formed by the union of
Jordan and Sucker creeks, near which was the cross
ing of the road from California to the Owyhee mines,
beginning to be much travelled.21
On the 25th of May, Curry moved west from the
ferry eight miles, and established a camp on a small
stream falling into the Owyhee, which he called Gibbs
Creek, in honor of Governor Gibbs. Here he began
building a stone bridge and fortifications, which he
named Camp Henderson, after the Oregon congress
man; and Rhinehart was ordered to bring up the sup
plies left with Barry, the distance being about one
hundred miles between the points. When Rhinehart
came up with the supply train he found Curry ab
sent on an exploring expedition. Being satisfied from
all he could learn that he was not yet in the heart of
the country most frequented by the predatory Ind
ians, where he desired to fix his encampment, Curry
made an exploration of a very difficult country to the
south-west.22
On this expedition, Alvord Valley, at the eastern
base of Steen Mountain, was discovered;23 and being
satisfied that hereabout would be found the head-
21 This road was from Lassen Meadows on the Humboldt, via Starr City,
and Queen River. It was 180 miles from the Meadows to this ferry, and 65
thence to Boonville in Idaho. Portland Oregonian, June 25, 1864.
22 The report of this exploration is interesting. A peculiar feature of the
scenery was the frequent mirage over dried-up lakes. ' While on this smooth
surface, ' he says, speaking of one on the east of Steen Mountain, ' the mirage
made our little party play an amusing pantomime. Some appeared to be high
in the air, others sliding to the right and left like weavers' shuttles. Some
of them appeared spun out to an enormous length, and the next group
spindled up: thus a changeable, movable tableau was produced, represent
ing everything contortions and capricious reflections could do.' Report of
Captain Curry, in Rept Adjt Gen. Or., 1866, 37-8.
23 This statement should be qualified. Waymire discovered the valley,
and Curry explored it.
500 MILITARY ORGANIZATION AND OPERATIONS.
quarters of a considerable portion of the hostile Ind
ians, Curry determined to move the main command
to this point, and to this end returned toward camp
Henderson by another route, hardly less wearisome
and destitute of water than the former one. The
place selected for a permanent camp was between some
rifle-pits dug in the spring by Waymire's command
and the place where he fought the Indians, on a small
creek coming down from the hills, which sank about
three miles from the base of the mountains. Earth
works were thrown up in the form of a star, to con
stitute a fort easily defended. Through this enclosure
ran a stream of pure water, and there was room for
the stores and the garrison, the little post being
called Camp Alvord. Here were left Barry's infan
try and the disabled cavalry horses and their riders;
and on the 22d of June Curry set out with the main
cavalry to form a junction with Drake, somewhere in
the vicinity of Harney Lake, which junction was
effected on the 1st of July at Drake's camp on Rattle
snake Creek, Harney Valley.
For a period of thirty days captains Drake and
Curry acted in conjunction, scouting the country in
every direction where there seemed any prospect of
finding Indians, and had meantime been reenforced by
Lieutenant Noble with forty Warm Spring Indians,
which brought the force in the field up to about four
hundred. Small parties were kept continually mov
ing over the country, along the base of the Blue
Mountains, on the head waters of the John Day, and
over toward Crooked River, as well as southward
toward the southern immigrant trail, which was more
especially under the protection of Colonel Drew.
Mining and immigrant parties from California were
frequently fallen in with, nearly every one of which
had suffered loss of life or property, or both, and
wherever it was possible the troops pursued the Ind
ians with about the same success that the house-dog
pursues the limber and burrowing fox. Few skir-
INDIANS ON JORDAN CREEK. 501
mishes were had, and not a dozen Indians killed from
April to August. In the mean time all the stock
was driven off from Antelope Valley, a settled re
gion sixty-five miles east of The Dalles, and about
the same distance west of the crossing of the south
fork of the John Day; and nothing but a continuous
wall of troops could prevent these incursions.
About the 1st of August Curry, who with Drake
had been scouting in the Malheur mountains, sepa
rated from the latter and returned toward Camp
Alvord. Before he reached that post he was met by
an express from Fort Boise, with the information that
a stock farmer on Jordan Creek, a branch of the
Owyhee, had been murdered, and his horses and cat
tle driven off. Twenty-one miners of the Owyhee
district had organized and pursued the Indians eighty
miles in a south-west direction, finding them encamped
in a deep canon, where they were attacked. The
Indians, being in great numbers, repulsed the miners
with the loss of one killed24 and two wounded. A
second company was being organized, 160 strong, and
Colonel Maury had taken the field with twenty-five
men from Fort Boise. Curry pushed on to Camp
Alvord, a distance of 350 miles, though his command
had not rested since the 22d of June, arriving on the
12th with his horses worn out, and 106 men out of
134 sick with dysentery.25 The Warm Spring Indians,
who were constantly moving about over the country,
brought intelligence which satisfied Curry that the
marauding bands had gone south into Nevada. Con
sequently on the 2d of September, the sick having
partially recovered, the main command was put in
motion to follow their trail. Passing south, through
the then new and famous mining district of Puebla
Valley, where some prospectors were at work with a
small quartz-mill, using sage-brush for fuel, a party
24 M. M. Jordan, the discoverer of Jordan Creek mines, was killed.
25 In the absence of medicines, Surgeon Cochrane's supply being exhausted,
and himself one of the sufferers, an infusion of the root of the wild geranium,
found in that country, proved effective.
502 MILITARY ORGANIZATION AND OPERATIONS.
of five Indians was captured forty miles beyond.
Surmising that they belonged to the band which
attacked the rancho on Jordan Creek, they would
have been hanged but for the interference of the
miners of Puebla, who thought they should be more
safe if mercy were shown. Yielding to their wishes,
the Indians, who asserted that they were Pah Utes,
were released. But the mercy shown then was atro
ciously rewarded, for they afterward returned and
murdered these same miners.26 The heat and dust of
the alkali plains of Nevada retarding the convales
cence of the troops, Curry proceeded no farther than
Mud Lake, returning by easy marches on the west
side of Steen Mountain to Camp Alvord September
16th, breaking camp on the 26th and marching to
Fort Walla Walla, the infantry and baggage- wagons
being sent to Fort Boise. Curry took the route down
the Malheur to the immigrant road, where he was met
October 14th by an express from district headquar
ters directing him if possible to be at The Dalles
before the presidential election in November, fears
being entertained that disloyal voters would make that
the occasion of an outbreak. If anything could infuse
new energy into the Oregon cavalry, it was a prospect
of having to put down rebellion, and Curry was at
Walla Walla twelve days afterward, where the com
mand was formally dissolved, company A going into
garrison there, the detachment of F to Lapwai, and
company E to The Dalles, where the election proceeded
quietly in consequence. Drake's command remained
in the field until late in autumn, making his head
quarters at Camp Dahlgren, on the head waters of
Crooked River, and keeping lieutenants Waymire,
Noble, and others scouring the country between the
Cascade and Blue mountains.
While these operations were going on in eastern
Oregon, that strip of southern country lying along
26 Report of Captain Curry, in Rept Adjt Gen. Or., 1866, 46.
ON THE CALIFORNIA FRONTIER. 503
the California line between the Klamath Lakes and
Steen Mountain was being scoured as a separate
district — being in fact a part of the district of Califor
nia. Toward the last of March, Colonel Drew, at
Camp Baker in Jackson county, received orders from
the department of the Pacific to repair to Fort Klam
ath, as soon as the road over Cascades could be trav
elled, and leaving there men enough to guard the
government property, to make a reconnoissance to the
Owyhee country, and return to Klamath post.
The snow being still deep on the summit of the
mountains, in May a road was opened through it for
several miles, and on the 26th the command left Camp
Baker, arriving at Fort Klamath on the 28th. The
Indians being turbulent in the vicinity of the fort, it
became necessary to remain at that post until the
28th of June, when the expedition, consisting of thirty-
nine enlisted men, proceeded to Williamson River,
and thence to the Sprague River Valley, over a suc
cession of low hills, covered for the most part with an
open forest of pines.27 He had proceeded no farther
than Sprague River when his march was interrupted
by news of an attack on a train from Shasta Valley
proceeding by the way of Klamath Lake, Sprague
River, and Silver Lake to the John Day Mines.28
Fortunately Lieutenant Davis from Fort Crook, Cal
ifornia, with ten men came up with the train in time
to render assistance arid prevent a massacre. The
27 Drew's report was published in 1865, in the Jacksonville Sentinel, from
January 28 to March 11, 1865, and also in a pamphlet of 32 pages, printed
at Jacksonville. It is chiefly a topographical reconnoissance, and as such
is instructive and interesting, 'but contains few incidents of a military char
acter in relation to the Indians; in fact, these appear to have been purposely
left out. But taking the explorations of Drew, which were made at some
distance north of the southern immigrant road, in connection with those of
Drake and Curry, it will be seen that a great amount of valuable work of a
character usually performed by expensive government exploring expeditions
was performed by the 1st Oregon cavalry in this and the following year. See
Drew's Owyhee Reconnoissance, 1-32.
28 This occurred June 23d near Silver Lake, 85 miles north of Fort Klam
ath. The train consisted of 7 wagons and 15 men, several of whom were ac
companied by their families. The Indians took 7 of their oxen and 3,oOO
pounds of flour. John Richardson was leader of the company. Three men
were wounded.
504 MILITARY ORGANIZATION AND OPERATIONS.
company fell back forty miles to a company in the
rear, and sent word to Fort Klamath, after which
they retreated to Sprague River, and an ambulance
having been sent to take the wounded to the fort,
the immigrants all determined to travel under Drew's
protection to the Owyhee, and thence to the John
Day.
Their course was up Sprague River to its head
waters, across the Goose Lake Mountains into Drew
Valley, thence into Goose Lake Valley, around the
head of the lake to a point twenty-one miles down
its east side to an intersection with the immigrant
road from the States near Lassen Pass, where a
number of trains joined the expedition. Passing
eastward from this point, Drew's route led into Fan
dango Valley,29 a glade a mile and a half west from
the summit of the old immigrant pass, and thence
over the summit of Warner Range into Surprise
Valley,30 passing across it and around the north end
of Cowhead Lake, eastward over successive ranges
of rocky ridges down a canon into Warner Valley,
and around the south side of Warner Mountain,31
where he narrowly escaped attack by the redoubta
ble chief Panina, who was deterred only by seeing the
howitzer in the train.32 Proceeding south-east over a
29 So named from a dance being held there to celebrate the meeting of
friends from California and the States. In the midst of their merriment
they were attacked, and war's alarms quickly interrupted their festivities.
JDrew's Reconnaissance, 9.
30 Drew says this and not the valley beyond it should have been called
Warner Valley, the party under Capt. Lyons, which searched for Warner's
remains, finding his bones in Surprise Valley, a few miles south of the immi
grant road. Id., 10.
31 Drew made a reconnoissance of this butte, which he declared for mili
tary purposes to be unequalled, and as such it was held by the Snake Ind
ians. A summit on a general level, with an area of more than 100 square
miles, diversified with miniature mountains, grassy valleys, lakes and streams
of pure water, groves of aspen, willow, and mountain mahogany, and gar
dens of service-berries, made it a complete haven of refuge, where its pos
sessors could repel any foe. The approach from the valley was exceed
ingly abrupt, being in many places a solid wall. On its north side it rose
directly from the waters of Warner Lake, which rendered it unassailable
from that direction. Its easiest approach was from the south, by a series
of benches; but an examination of the country at its base discovered the
fact that the approach used by the Indians was on the north.
32 Panina afterward accurately described the order of inarch, and the order
DREW'S EXPLORATIONS. 505
sterile country to Puebla Valley, the expedition
turned northward to Camp Alvord, having lost so
much time in escort duty that the original design of
exploring about the head waters of the Owyhee could
not be carried out. The last wagons reached Drew's
camp, two miles east of Alvord, on the 31st of Au
gust, and from this point, with a detachment of nine
teen men, Drew proceeded to Jordan Creek Valley
and Fort Boise, escorting the immigration to these
points, and returning to camp September 22d, where
he found an order requiring his immediate return to
Fort Klamath, to be present with his command at a
council to be held the following month with the
Klamaths, Modocs, and Panina's band of Snake Ind
ians. On his return march Drew avoided going
around the south-eastern point of the Warner Moun
tains, finding a pass through them which shortened
his route nearly seventy miles, the road being nearly
straight between Steen and Warner Mountains, and
thence westward across the ridge into Goose Lake
Valley, with a saving in distance of another forty
miles. On rejoining his former trail he found it
travelled by the immigration to Rogue River Valley,
which passed down Sprague River and by the Fort
Klamath road to Jacksonville. A line of communi
cation was opened from that place to Owyhee and
Boise, which was deemed well worth the labor and
cost of the expedition, the old immigrant route be
ing shortened between two and three hundred miles.
The military gain was the discovery of the haunt of
Panina and his band at Warner Mountain, and the
discovery of the necessity for a post in Goose Lake
Valley.33
Congress having at length made an appropriation
of $20,000 for the purpose of making a treaty with
of encamping, picketing, and guarding, with all the details of an advance
through an enemy's country, showing that nothing escaped his observation,
and that what was worth copying he could easily learn.
33 Hay's Scraps, iii. 121-2.
506 MILITARY ORGANIZATION AND OPERATIONS.
the Indian tribes in this part of Oregon, Superintend
ent Huntington, after a preliminary conference in Au
gust, appointed a general council for the 9th of Octo
ber. The council came off and lasted until the 15th,
on which day Drew reached the council ground at the
ford of Sprague River, glad to find his services had
not been required, and not sorry to have had nothing
to do with the treaty there made : not because the
treaty was not a good and just one, but from a fear
that the government would fail to keep it.34
84 The treaty was made between Huntington of Oregon, A. E. Wiley, sup.
of Cal., by his deputy, agent Logan of Warm Spring reservation, and the
Klamaths, Modocs, and Yahooskin band of Snakes. The military present
were a detachment of Washington infantry under Lieut. Halloran, W. C.
McKay with 5 Indian scouts, Captain Kelly and Lieutenant Underwood
with a detachment of company C. The Indians on the ground numbered
1070, of whom 700 were Klamaths, over 300 Modocs, and 20 Snakes, but
more than 1,500 were represented. Huntington estimated that there were
not more than 2,000 Indians in the country treated for, though Drew and
E. Steele of California made a much higher estimate. Ind. Aff. JRept, 1865,
102. Special Agent Lindsey Applegate and McKay acted as counsellors and
interpreters for the Indians. There was no difficulty in making a treaty with
the Klamaths. The Modocs and Snakes were more reluctant, but signed the
treaty, which they perfectly understood. It ceded all right to a tract of coun
try extending from the 44th parallel on the north to the ridge which divides
the Pit and McLeod rivers on the south, and from the Cascade Mountains on
the west to the Goose Lake Mountains on the east. There was reserved a tract
beginning 011 the eastern shore of Upper Klamath Lake at Point of Rocks,
twelve miles below Williamson River, thence following up the eastern shore
to the mouth of Wood River to a point one mile north of the bridge at Fort
Klamath ; thence due east to the ridge which divides Klamath marsh from
Upper Klamath Lake; thence along said ridge to a point due east of the
north end of Klamath marsh; thence due east, passing the north end of Kla
math marsh to the summit of the mountain, the extremity of which forms the
Point of Rocks, and along said ridge to the place of beginning. This tract
contained, besides much country that was considered unfit for settlement,
the Klamath marsh, which afforded a great food supply in roots and seeds, a
large extent of fine grazing land, with enough arable land to make farms for
all the Indians, and access to the fishery on Williamson River and the great
or Upper Klamath Lake. The Klamath reservation, as did every Indian res
ervation, if that on the Oregon coast was excepted, contained some of the
choicest country and most agreeable scenery in the state. White persons, ex
cept government officers and employes, were by the terms of the treaty for
bidden to reside upon the reservation, while the Indians were equally bound
to live upon it; the right of way for public roads only being pledged. The
U. S. agreed to pay $8,000 per annum for five years, beginning when the
treaty should be ratified; $5,000 for the next five years, and $3,000 for the
following five years; these sums to be expended, under the direction of the
president, for the benefit of the Indians. The U. S. further agreed to pay
$35, 000 for such articles as should be furnished to the Indians at the time of
signing the treaty, and for their subsistence, clothing, and teams to begin
farming for the first year. As soon as practicable after the ratification of the
treaty, mills, shops, and a school-house were to be built. For fifteen years a
superintendent of farming, a farmer, blacksmith, wagon-maker, sawyer, and
HUNTINGTON'S TREATY. 507
Overtures had been made to Panina, but unsuccess
fully. He had been invited to the council, but pre
ferred enjoying his freedom. But an unexpected
reverse was awaiting the chief. After Superintend
ent Huntington had distributed the presents provided
for the occasion of the treaty, and deposited at the
fort 16,000 pounds of flour to be issued to such of the
Indians as chose to remain there during the winter,
he set out on his return to The Dalles, as he had
come, by the route along the eastern base of the
Cascade Mountains. Quite unexpectedly, when in
the neighborhood of the head waters of Des Chutes,
he came upon two Snakes, who endeavored to escape,
but being intercepted, were found to belong to Panina's
band. The escort immediately encamped and sent
out scouts in search of the camp of the chief, which
was found after several hours, on one of the tribu
taries of the river, containing, however, only three
men, three women, and two children, who were cap
tured and brought to camp, one of the women being
Panina's wife. Before the superintendent could turn
to advantage this fortunate capture, which he hoped
might bring him into direct communication with
Panina, the Indians made a simultaneous attempt to
seize the guns of their captors, when they were fired
upon, and three killed, two escaping though wounded.
One of these died a few hours afterward, but one
reached Panina's camp, and recovered. By this means
the chief learned of the loss of four of his warriors
and the captivity of his wife, who was taken with the
other women and children to Vancouver to be held
as hostages.
carpenter were to be furnished, and two teachers for twenty- two years. The
U. S. might cause the land to be surveyed in allotments, which might be
secured to the families of the holders. The annuities of the tribe could not
be taken for the debts of individuals. The U. S. might at any future time
locate other Indians on the reservation, the parties to the treaty to lose no
rights thereby. On the part of the Indians, they pledged themselves not
to drink intoxicating liquors on pain of forfeiting their annuities; and to obey
the laws of the U. S. ; the treaty to be binding when ratified.
The first settler in the Klamath country was George Nourse, who took up
in August 1863 the land where Linkville stands. He was notary public and
registrar of the Linkton land district. Jacksonville Sentinel, March 8, 1873.
508 MILITARY ORGANIZATION AND OPERATIONS.
Not long after this event Panina presented himself
at Fort Klamath, having received a message sent him
from the council ground, that he would be permitted
to come and go unharmed, and wished Captain Kelly
of Fort Klamath to assure the superintendent that
he was tired of war, and would willingly make peace
could he be protected.35 To this offer of submission,
answer was returned that the superintendent would
visit him the following summer with a view to mak
ing a treaty. This closed operations against the
Indians of southern Oregon for the year, and afforded
a prospect of permanent peace, so far as the country
adjacent to the Rogue River Valley was concerned,
a portion of which had been subject to invasions from
the Klamath country. Even the Umpqua Valley
had not been quite free from occasional mysterious
visitations, from which henceforward it was to be
delivered.
With the close of the campaigns of the First Ore
gon Cavalry for 1864, the term of actual service of
the original six companies expired. They had per
formed hard service, though not of the kind they
would have chosen. Small was the pay, and trifling
the reward of glory. It was known as the 'puritan
regiment,' from habits of temperance and morality,
and was largely composed of the sons of well-to-do
farmers. Out of fifty-one desertions occurring in
three years, but three were from this class, the rest
being recruits from the floating population of the
country. N"o regiment in the regular army had stood
the same tests so heroically.
When the legislature met in 1864 a bounty act was
passed to encourage future, not to reward past, volun
teering. It gave to every soldier who should enlist
for three years or during the war, as part of the state's
35 A treaty was made with Panina in the following year, but badly observed
by him, as the history of the Snake wars will show.
NEW ENLISTMENTS. 509
quota under the laws of congress, $150 in addition to
other bounties and pay already provided for, to be
paid in three instalments, at the beginning and end
of the first year, and at the end of the term of service
either to him, or in case of his demise, to his heirs.
For the purpose of raising a fund for this use, a tax
was levied of one mill on the dollar upon all the tax
able property of the state.36 At the same time, how
ever, an act was passed appropriating $100,000 as a
fund out of which to pay five dollars a month addi
tional compensation to the volunteers already in the
service.37
On the day the first bill was signed Governor Gibbs
issued a proclamation that a requisition had been
made by the department commander for a regiment
of infantry in addition to the volunteers then in the
service of the United States, who were "to aid in the
enforcement of the laws, suppress insurrection and in
vasion, and to chastise hostile Indians " in the mili
tary district of Oregon. Ten companies were called
for, to be known as the 1st Infantry Oregon Volun
teers, each company to consist of eighty- two privates
maximum or sixty-four minimum, besides a full corps
of regimental and staff officers. The governor in his
proclamation made an earnest appeal to county offi
cers to avoid a draft by vigorously prosecuting the
business of procuring volunteers. Lieutenants' com
missions were immediately issued to men in the sev
eral counties as recruiting officers,38 conditional upon
their raising their companies within a prescribed time,
when they would be promoted to the rank of captain.39
8<5 Or. Laws, 1866,98-110.
87 Id., 104-8; Rhimharfs Oregon Cavalry, MS., 15.
83 A. J. Borland, Grant county; E. Palmer, Yamhill; Charles Lafollet,
Polk; J. M. Gale, Clatsop; W. J. Shipley, Benton; W. S. Powell, Multno-
mah; C. P. Crandall, Marion; F. O. McCown, Clackamas; T. Humphreys,
Jackson, were commissioned 2d lieutenants.
39 Polk county raised $1,200 extra bounty rather than fail, and completed
her enlistment, first of all. Josephine county raised $2,500, and Clackamas
offered similar inducements. Portland Oregonian, Nov. 30, 1864, Feb. 14,
1865.
510 MILITARY ORGANIZATION AND OPERATIONS.
Six companies were formed within the limit, and two
more before the first of April 1865.40
Early in January 1865 General McDowell made a re
quisition for a second regiment of cavalry, the existing
organization to be kept up and to retain its name of
1st Oregon cavalry, but to be filled up to twelve com
panies. In making his proclamation Governor Gibbs
reminded those liable to perform military duty of the
bounties provided by the state and the general gov
ernment which would furnish horses to the new regi
ment. But the response was not enthusiastic. About
this time the district was extended to include the
southern and south-eastern portions of the state, here
tofore attached to California, while the Boise and
Owyhee region was made a subdistrict of Oregon,
commanded by Lieutenant Colonel Drake. These
arrangements left the military affairs of Oregon en
tirely in the hands of her own citizens, under the
general command of General McDowell, and thus
they remained through the summer. On the 14th
of July Colonel Maury retired, and Colonel B. Curry
took the command of the district.
In the summer of 1864 General Wright, though
retaining command of the district of California, was
relieved of the command of the department of the
Pacific by General McDowell, who in the month
of August paid a visit of inspection to the dis
trict of Oregon, going first to Puget Sound, where
fortifications were being erected at the entrance to
Admiralty Inlet, and thence to Vancouver on the
revenue cutter Shubrick, Captain Scammon. On the
13th of September he inspected the defensive works
under construction at the mouth of the Columbia,
40 The following were the lieutenants in the regiment: William J. Ship
ley, Cyrus H. Walker, Thomas H. Reynolds, Samuel F. Kerns, John B.
Dimick, Darius B. Randall, William M. Rand, William Grant, Harrison B.
Oatman, Byron Barlow, William R. Dunbar, John W. Cullen, Charles B.
Roland, Charles H. Hill, Joseph M. Gale, James A. Balch, Peter P. Gates,
Daniel W. Applegate, Charles N. Chapman, Albert Applegate, Richard Fox
(vice Balch). Report Adjt Gen. Or., 1866, pp. 217-221.
FORTIFICATIONS. 511
which were begun the previous year. For this pur
pose congress had in 1861-2 appropriated $100,000
to be expended at the mouth of the Columbia, and
with such rapidity had the work been pushed forward
that the fortifications on Point Adams, on the south
ern side of the entrance to the river, were about com
pleted at the time of McDowell's visit. With the
approval of the war department, Captain George El
liot of the engineering corps named this fort in honor
of General I. J. Stevens, who fell at the battle of
Chantilly, September 1, 1862."
Immediately on the completion of this fort corre
sponding earthworks were erected on the north side of
the entrance to the river on the high point known as
Cape Disappointment, but recognized by the depart
ment as Cape Hancock. Both of these fortifications
were completed before the conclusion of the civil war,
which hastened their construction, and were garri
soned in the autumn of 1865.*2 In 1874, by order of
the war department and at the suggestion of Assist
ant adjutant-general H. Clay Wood, the military post
at Cape Hancock was named Fort Canby, in honor
of Major-general Edward R S. Canby, who perished
by assassination during the Modoc war of 1872-3,
and the official name of the cape was ordered to be
used by the army.
41 Fort Stevens was constructed of solid earthworks, just inside the en
trance, and was made one of the strongest and best armed fortifications on
the Pacific coast. It was a nonagon in shape, and surrounded by a ditch thirty
feet in width, which was again surrounded by earthworks, protecting the
walls of the fort and the earthworks supporting the ordnance. Or. Argus,
June 5 and 29, 1863; Ibid., Aug. 18, 1863; Victor's Or., 40-1; Surgeon Gen.
Circ., 8,484-7.
42 On Cape Disappointment was a light-house of the first class, rising from
the highest point. Extending along the crest of the cape on the river side
were three powerful batteries mounted on solid walls of earth. Under the shel
ter of the cape, around the shore of Baker Bay, were the garrison buildings
and officers' quarters. It was and is at present one of the prettiest places
on the Columbia, though rather inaccessible in stormy weather. Surgeon
Gen Circular, 8, 461; Victor's Or., 36-8; Overland Monthly, viii. 73-4; Steel's
Rifle fiegt, MS., 5; Portland Oregonian, April 4, 1864, Oct. 19, 1865; S. F.
Bulletin, Nov. 25, 1864; Or. Pioneer Hist. Soc., 7-8.
CHAPTER XXI.
THE SHOSHONE WAR.
1866-1868.
COMPANIES AND CAMPS — STEELE'S MEASURES — HALLECK HEADSTRONG—
BATTLE OF THE OWYHEE— INDIAN RAIDS — SUFFERINGS OF THE SETTLERS
AND TRANSPORTATION MEN— MOVEMENTS OF TROOPS — ATTITUDE OF GOV
ERNOR WOODS — FREE FIGHTING — ENLISTMENT OF INDIANS TO FIGHT
INDIANS— MILITARY REORGANIZATION— AMONG THE LAVA-BEDS—CROOK
IN COMMAND— EXTERMINATION OR CONFINEMENT AND DEATH IN RESER
VATIONS.
IN the spring of 1865 the troops were early called
upon to take the field in Oregon and Idaho, the roads
between The Dalles and Boise, between Boise and
Salt Lake, between Owyhee and Chico, and Owyhee
and Humboldt in California, being unsafe by reason of
Indian raids. A hundred men were sent in April to
guard The Dalles and Boise road, which, owing to its
length, 450 miles, they could not do. In May, com
pany B, Oregon volunteers, Captain Palmer, moved
from The Dalles to escort a supply-train to Boise.
Soon after arriving, Lieutenant J. W. Cullen was
dircted to take twenty men and proceed 150 miles far
ther to Camp Reed, on the Salmon Falls Creek, where
he was to remain and guard the stage and immigrant
road. Captain Palmer was ordered to establish a sum
mer camp on Big Camas prairie, which he called Camp
Wallace. From this point Lieutenant C. H. Walker
was sent with twenty-two enlisted men to the Three
Buttes, 110 miles east of Camp Wallace, to look out for
the immigration. Leaving most of his command at
Three Buttes, Walker proceeded to Gibson's ferry,
(512)
CAMP LANDER.
513
above Fort Hall, where he found a great number of
wagons crossing, and no unfriendly Indians. On re
ceiving orders, however, he removed his company to
the ferry, where he remained until September 19th,
after which he proceeded to Fort Hall to prepare winter
WESTERN OREGON.
quarters, Palmer's company being ordered to occupy
that post. The old fort was found a heap of ruins; but
out of the adobes and some abandoned buildings of the
overland stage company, a shelter was erected at the
junction of the Salt Lake, Virginia City, and Boise*
roads, which station was named Cainp Lander. This
HIST. OB., VOL. II. 33
514 THE SHOSHONE WAR.
post and Camp Reed were maintained during the win
ter by the Oregon infantry, the latter having only tents
for shelter, and being exposed to severe hardships.1 In
May detachments of Oregon cavalry were ordered from
The Dalles, under lieutenants Charles Hobart and
James L. Curry, to clear the road to Canon City, and
thence to Boise, from which post Major Drake ordered
Curry to proceed to Rock Creek, on Snake River, to
escort the mails, the Indians having driven off all
the stock of the overland stage company from several
of the stations.
Lieutenant Hobart proceeded to Jordan Creek,
where he established a post called Camp Lyon, after
General Lyon, who fell during the war of the rebellion,
at Willow Creek in Missouri. Soon after, being in
pursuit of some Indians who had again driven off
stock on Reynolds Creek, he was himself attacked
while in camp on the Malheur, having the horses of his
command stampeded; but in a fight of four hours, dur
ing which he had two men wounded, he recovered his
own, took a part of the enemy's horses, and killed and
wounded several Indians.2 Captain L. L. Williams,
of company H, Oregon infantry, who was employed
guarding the Cafton City road, was ordered from camp
Watson in September, to proceed on an expedition to
Selvie River, Lieutenant Bo wen of the cavalry be
ing sent to join him with twenty-five soldiers. Before
Bo wen's arrival, Williams' company performed some
of the best fighting of the season under the great
est difficulties ; being on foot, and compelled to march
a long distance surrounded by Indians mounted and
afoot, but of whom they killed fifteen, with a loss
of one man killed and two wounded.3 Williams re
mained in the Harney Valley through the winter,
establishing Camp Wright.
1 Lieut Walker here referred to is a son of Rev. Elkanah Walker, a mission
ary of 1835.
2 Bois6 City Statesman, July 13 and 18, 1865. Hobart was afterward a cap
tain in the regular army. Albany States Rights- Democrat, July 2, 1875.
3 Report of Lt Williams in Rept Adjt Gen. Or. 1866, 82-98. L. L. Will-
iams was one of the Port Orford party which suffered so severely in 1851.
CURRY AND SPRAGUE. 515
In addition to the Oregon troops, Captain L. S.
Scott, of the 4th California volunteer infantry, was
employed guarding the road to Chico, being stationed
in Paradise Valley through the summer, but ordered
to Silver Creek in September, where he established
Camp Curry.
Colonel Curry had succeeded to the command of
the district of the Columbia on the death of General
Wright, while en route to Vancouver to assume the
command, by the foundering of the steamship Brother
Jonathan. In order to obviate the inconvenience of
long and unwieldly transportation trains, and in order
also to carry on a winter campaign, which he believed
would be most effectual, as the Indians would then be
found in the valleys, Curry distributed the troops
in the following camps: Camp Polk on the Des Chutes
River, Camp Curry on Silver Creek, Camp Wright
on Selvie River, camps Logan and Colfax on the
Canon City and Boise road, Camp Alvord in Alvord
Valley, Camp Lyon on Jordan Creek, Idaho, Camp
Heed near Salmon Falls, and Camp Lander at old Fort
Hall, Idaho. But with all these posts the country
continued to suffer with little abatement the scourge
of frequent Indian raids.
Early in October Captain F. B. Sprague, of the
1st Oregon infantry, was ordered to examine the route
between Camp Alvord and Fort Klamath, with a view
to opening communication with the latter. Escorted
by eleven cavalrymen, Sprague set out on the 10th, tak
ing the route by Warner Lake over which Drew had
made a reconnoissance in 1865, arriving at Fort Klam
ath on the 17th without having seen any Indians.
But having come from Fort Klamath a month previ
ous, and seen a large trail crossing his route, going
south, and not finding that any fresh trail indicated the
return of the Indians, he came to the conclusion that
they were still south of the Drew road, between it and
Surprise Valley, where Camp Bidwell was located.
On making this report to Major Rh em hart, in com-
516
THE SHOSHONE WAR.
mand at Klamath, he \vas ordered to return to Camp
Alvord by the way of Surprise Valley and arrange co
operative measures with the commander of the post
there. But when he arrived at Camp Bidwell on the
28th, Captain Starr, of the second California volunteer
cavalry, in command, was already under orders to re
pair with his company, except twenty-five men, to Fort
EASTERN OREGON, CAMPS AND FORTS.
Crook, before the mountains became impassable with
snow. He decided, however, to send ten men, under
Lieutenant Backus, with Sprague's escort, to prove the
supposed location of the main body of the Indians.
On the third day, going north, having arrived at
Warner's Creek, which enters the east side of the lake
seven miles south of the crossing of the Drew road,
DISBANDMENT OF VOLUNTEERS. 517
without falling; in with any Indians, Backus turned
back to Camp JBidwell, and Sprague proceeded.
No sooner had this occurred than signs of the enemy
began to appear, who were encountered, 125 strong,
about two miles south from the road. While the
troops were passing an open space between the lake and
the steep side of a mountain they were attacked by the
savages hidden in trenches made by land-slides, and be
hind rocks. Sprague, being surprised, and unable either
to climb the mountain or swim the lake, halted to take in
the situation. The attacking parties were in the front
and rear, but he observed that those in the rear were
armed with bows and arrows, while those in front had
among them about twenty-five rifles. The former were
leaving their hiding-places to drive him upon the lat
ter. Observing this, he made a sudden charge to the
rear, escaping unharmed and returning to Camp Bid-
well.
Captain Starr then determined to hold his company
at that post, and cooperate with Camp Alvord against
those Indians. But when Sprague arrived there by
another route he found the caval-ry half dismounted
by a recent raid of these ubiquitous thieves, and the
other half absent in pursuit;4 thus a good opportunity
of beginning a winter campaign was lost. But an im
portant discovery had been made of the principal
rendezvous of the Oregon Snake Indians — a knowledge
which the regular army turned to account when they
succeeded the volunteer service.
In October, before Curry had thoroughly tested
his plan of a winter campaign, orders were received to
muster out the volunteers, and with them he retired
from the service. He was succeeded in the command
of the department by Lieutenant-colonel Drake, who
in turn was mustered out in December. Little by
little the whole volunteer force was disbanded, until
in June 1866 there remained in the service only com-
4 James Alderson of Jacksonville, a good man, who was on guard, was killed
in this raid. Portland Oregonian, Dec. 4, 1865.
518 THE SHOSHONE WAR.
pany B, 1st Oregon cavalry, and company 1, 1st Oregon
infantry. All the various camps in Oregon were
abandoned except Camp Watson, against the removal
of which the merchants of The Dalles protested,5 and
Camp Alvord, which was removed to a little different
location and called Camp C. F. Smith. Camp Lyon
and Fort Boise were allowed to remain, but forts
Lapwai and Walla Walla were abandoned. These
changes were made preparatory to the arrival of several
companies of regular troops, and the opening of a new
campaign under a new department commander.
The first arrival in the Indian country of troops from
the east was about the last of October 1865, when
two companies of the 14th infantry were stationed at
Fort Boise, with Captain Walker in command, when
Ihe volunteers at that post proceeded to Vancouver
to be mustered out. No other changes occurred in
this part of the field until spring, the United States
and Oregon troops being fully employed in pursuing
the omnipresent Snakes.6 Toward the middle of
February 1866, a large amount of property having
been stolen, Captain Walker made an expedition with
thirty-nine men to the mouth of the Owyhee, and into
Oregon, between the Owyhee and Malheur rivers, com
ing upon a party of twenty-one Indians in a canon,
and opening fire. A vigorous resistance was made
before the savages would relinquish their booty, which
they did only when they were all dead but three, who
escaped in the darkness of coining night. Walker
lost one man killed and one wounded.
On the 24th of February Major-general F. Steele
5 Dalles Mountaineer, April 20, 1866.
6 A man named Clark was shot, near the mouth of the Owyhee, while en
camped with other wagoners, in Nov. ; 34 horses were stolen from near Boise"
ferry on Snake River in Dec. ; and the pack-mules at Camp Alvord were stolen.
Captain Sprague recovered these latter. Feb. 13th the rancho of Andrew
Hall, 15 miles from Ruby City, was attacked, Hall killed, 50 head of horses
driven off, and the premises set on fire. Bois6 Statesman, Feb. 17, 1866; Id.,
March 4, 1866. Ada County raised a company o^ volunteers to pursue these
Indians, but they were not overtaken. Ind. A/, ftept, 1866, 187-8; Austin
Rec»e, Itivtr Reveille, March 13, 1866.
CAMPS AND COMMANDERS. 519
took command of the department of the Columbia.
There were in the department at that time, besides
the volunteer force which amounted numerically to
553 infantry and 319 cavalry, one battalion of the
14th United States infantry, numbering 793 men, and
three companies of artillery, occupying fortified works
at the mouth of the Columbia and on San Juan Island.
These troops, exclusive of the artillery, were scattered
in small detachments over a large extent of country,
as we already know.
On the 2d of March the post of Fort Boise, with
its dependencies, camps Lyon, Alvord, Reed, and Lan
der, was erected into a full military district, under the
command of Major L. H. Marshall, who arrived at
district headquarters about the 20th, and immediately
made a requisition upon Steele for three more com
panies. In April Colonel J. B. Sinclair of the 14th
infantry took the command at Camp Curry, which
he abandoned and proceeded to Boise*. Fort Bois6
received about this time a company of the same regi
ment, under Captain Hinton, withdrawn from Cape
Hancock, at the mouth of the Columbia, and another,
under Lieutenant-colonel J. J. Coppinger, withdrawn
from The Dalles.
Camp Watson received two companies of cavalry,
under the command of Colonel E. M. Baker. Camp
C. F. Smith received a cavalry company under Cap
tain David Perry, who marched into Oregon from
the south by the Chico route ; and Camp Lyon received
another under Captain James C. Hunt, who entered
Oregon by the Humboldt route. At Camp Lyon also>
was a company of the 14th infantry under Captain P.
Collins, and one of the 1st Oregon infantry under
Captain Sprague. From this it will be seen that most
of the troops were massed in the Boise military dis
trict, only Baker's two companies being stationed;
where they could guard the road between The Dalles,
and Boise, which was so infested that the express
company refused to carry treasure over it, half a dozen.
520 THE SHOSHONE WAR.
successful raids having been made on the line of the
road before the first of May.
Although Steel e's first action was to cause the
abandonment of most of the camps already established,
as I have noticed, as early as March 20th, he wrote
to General Halleck, commanding the division of the
Pacific, that the Indians had commenced depredations,
with such signs of continued hostilities in the southern
portions of Oregon and Idaho that he should recom
mend the establishment of two posts during the sum
mer, from which to operate against them the follow
ing winter, one at or near Camp Wright, and another
in Goose Lake Valley, from which several roads
diverged leading to other valleys frequented by hostile
Snakes, Utes, Pit Rivers, Modocs, and Klamaths.
On the 28th of March Major Marshall led an ex
pedition to the Bruneau River, 110 miles, finding only
the unarmed young and old of the Snake tribe, to the
number of 150. On returning about the middle of
April he ordered Captain Collins, with a detachment
of Company B and ten men from the 14th infantry,
to proceed to Squaw Creek, a small stream entering
Snake River a few miles below the mouth of Rey
nolds Creek, and search the canon thoroughly, not
only for Indian foes, but for white men who were
said to be in league with them, and who, if found,
were to be hanged without further ceremony. Being
unsuccessful, Collins was sent to scout on Burnt
River and Clark Creek.
On the llth of May Marshall again left the fort
with Colonel Coppinger and eighty-four men, to scout
on the head- waters of the Owyhee. He found a
large force of Indians at the Three Forks of the
Owyhee, strongly posted between the South and Mid
dle forks. The river being impassable at this place,
he moved down eight miles, where he crossed his
men by means of a raft. As they were about to
advance up the bluff, they were fired on by Indians
concealed behind rocks. A battle now occurred which
MARSHALL'S DEFEAT. 521
lasted four hours, in which seven of the savages were
killed and a greater number wounded; but the Indians
being in secure possession of the rocks could not be
dislodged, and Marshall was forced to retreat across
the river, losing his raft, a howitzer, some provisions,
and some ammunition which was thrown in the river.
His loss in killed was one non-commissioned officer.7
His rout, notwithstanding, was complete, and to ac
count for the defeat he reported the number of Indians
engaged at 500, an extraordinary force to be in any
one camp.
And thus the war went on, from bad to worse.8
On the 19th of May a large company of Chinamen,
•to whom the Idaho mines had recently been opened,
were attacked at Battle Creek, where Jordan and
others were killed, and fifty or sixty slaughtered, the
frightened and helpless celestials offering no resistance,
but trying to make the savages understand that they
were non-combatants and begging for mercy.9 Pepoon
hastened to the spot, but found only dead bodies strewn
7 A detachment of the Oregon cavalry accompanied Marshall on this ex
pedition, and blamed him severely for inhumanity. A man named Phillips,
an Oregonian, was lassoed and drawn up the cliff in which the Indians were
lodged, to be tortured and mutilated. Lieut Silas Pepoon of the Oregon
cavalry wished to go to his rescue, but was forbidden. He also left 4 men on
the opposite bank of the river, who were cut off by the swamping of the raft.
The volunteer commanders would never have abandoned their men without
an effort for their rescue. See U. 8. Mess, and Docs, 1866-7, 501, 39th cong.
2d sess.
8 During the night of the 4th of May sixty animals were stolen from
packers on Reynolds Creek, eight miles from Ruby City. None of the trains
were recovered. The loss and damage was estimated at $10,000. Dalles Moun
taineer, May 18, 1866. About the 25th of May, Beard and Miller, teamsters
from Chico, on their way to the Idaho mines, lost 421 cattle out of a herd of
460, driven off by the Indians. About the 20th of June, twenty horses were
stolen from War Eagle Mountain, above Ruby City. On the 12th of June, C.
C. Gassett was murdered on his farm near Ruby City, and 100 head of stock
driven off. Early in July, James Perry, of Michigan, was murdered by the
Indians, his arms and legs chopped off, and his body pinned to the ground,
along with a man named Green, treated in the same manner.
9 Travellers over the road reported over 100 unburied bodies of Chinamen.
The number killed has been variously reported at from 50 to 150. One boy
escaped of the whole train. He re
' Me bellee good Chinaman ! Me no
seemed specially inviting to the savages. Butler's Life
12. Their remains were afterward gathered and buried in one grave. Starr's
Idaho, MS., 2; U. S. Sec. Int. Rept, 1867-8, 97, 40th cong. 2d sess.j Owyhee
Index, May 26, 1866; Owyhee News, June 1866.
522 THE SHOSHONE WAR.
along the road for six miles. This slaughter was fol
lowed by a raid on the horses and cattle near Boon-
ville, in which the Indians secured over sixty head.
As they used both horses and horned stock for food,
the' conclusion was that they were a numerous people
or valiant eaters.
Repeated raids in the region of the Owyhee, with
which the military force seemed unable to cope, led
to the organization, about the last of June, of a volun
teer company of between thirty and forty men, under
Captain I. Jennings, an officer who had served in the
civil war. On the 2d of July they came upon the
Indians on Boulder Creek, and engaged them, but
soon found themselves surrounded, the savages being
in superior force. Upon discovering their situation,
the volunteers intrenched themselves, and sent a mes
senger to Camp Lyon ; but the Indians were gone
before help came. The loss of the volunteers was one
man killed and two wounded.™ The Indian loss was
reported to be thirty-five.
The commander of the district of Boisd did not
escape criticism, having established a camp on the
Bruneau River where there were no hostile Indians,
and, it was said, shirked fighting where they were.11
But during the month of August he scouted through
the Goose Creek Mountains, killing thirty Indians,
after which he marched in the direction of the forks of
the Owyhee, where he had a successful battle, and
retrieved the losses and failure of the spring campaign
by hanging thirty-five captured savages to the limbs
of trees.12 He proceeded from there to Steen Moun-
10 Thomas B. Cason, killed; Aaron Winters and Charles Webster wounded.
Cason had built up around him a stone fortification, from which he shot in the
2 days 15 Indians, and was shot at last in his little fortress. Sec. Int.' Rept,
1867-8, iii., 40th cong. 2d sess., pt 2, 97; Boise Statesman, July 7 and 10,
1866; Sac. Union, July 28, 1868.
11 Boise Statesman, July 20, 1866. Marshall designed erecting a permanent
post on the Bruneau, and had expended several thousand dollars, when or
ders came from headquarters to suspend operations. A one-company camp
was permitted to remain during the year.
12 Treka Union, Oct. 20, 1866; Hayes' Scraps, v., Indians, 228.
INDIAN DEPREDATIONS. 523
tain, Camp Warner, Warner Lake, where he arrived
on the 1st -of October.
In the mean time the stage-lines and transportation
companies, as well as the stock-raisers, on the route
between The Dalles and Canon City, and between
Canon City and Boise, were scarcely less annoyed and
injured than those in the more southern districts.13
Colonel Baker employed his troops in scouring the
country, and following marauding bands when their
depredations were known to him, which could not often
be the case, owing to the extent of country over which
the depredations extended. On the 4th of July
Lieutenant R. F. Bernard, with thirty-four cavalry
men, left Camp Watson in pursuit of Indians who
13 In May the Indians drove off a herd of horses from the Warm Spring
reservation, and murdered a settler on John Day River named John Witner
In June they attacked a settler on Snake River, near the Weiser, and on the
mam travelled road, driving off the pack-animals of a train encamped there
i ~u8*Bi they robbed a farm on Burnt River of $300 worth of property
while the men were mowing grass a mile away; stole 54 mules and 18 beef-
cattle from Camp Watson; and attacked the house of N. J. Clark on the
road, which they burned, with his stables, 50 tons of hay, and l,00o' bushels
Of grain, and stole all his farm stock, the family barely escaping with their
lives. Eight miles from Clark's they took a team belonging to Frank Thomp
son. About the same time they murdered Samuel Leonard, a miner at Mormon
Sf^S: ^Jf., later,they surprised a mining camp near Canon City, killing
Matthew Wilson, and severely wounding David Graham. No aid could be
obtained from Camp Watson, the troops being absent in pursuit of the govern
ment property taken from that post. In Sept. they took horses from a place on
Clark Creek, from Burnt River, and the ferry at the mouth of Powder River
Ihey pursued and fired on the expressman from Mormon Basin; and attacked
the stage between The Dalles and Canon City, when there were but two
persons on board, Wheeler, one of the proprietors, and H. C. Paige, express
agent. \\ heeler was shot in the face, but showed great nerve, mounting one
ot the horses with the assistance of Paige, who cut them loose and mounted one
himself. I he men defended themselves and escaped, leaving the mail and ex
press matter in the hands of the Indians, who poured the gold-dust out on the
ground, most of it being afterward recovered. The money, horses and other
property were carried off. In October eleven horses were stolen from a party
of prospectors on Rock Creek, Snake River. In Nov. the Indians again
visited field's farm, and stole three beef-cattle. They were pursued bv the
troops, who surprised and killed several of them, destroying their camp and
capturing a few horses. On the 20th a party of hunters, encamped on Canon
Creek, a few miles from Canon City, were attacked, and J. Kester killed The
Indians came within one mile of Canon City, and prepared to attack a house,
but being discovered, fled. Early in December they stole a pack-train from
near the Canon City road. They were pursued by a detachment of twenty
men from Baker s command, under Sergeant Conner, and the train recovered,
with a loss to the Indians of fourteen men killed and five women captured
6ec. Int. Rept, 1867-8, pt 2, 95-100; Dalies Mountaineer, Dec. 14, 1866
524 THE SHOSHONE WAR.
had been committing depredations on the Canon City
road, and marched south to the head- waters of Crooked
River, thence to Selvie River and Harney Lake,
passing around it to the west and south, and continuing
south to Steen Mountain; thence north-east around
Malheur Lake, and on to the head-waters of Malheur
River, where, on the middle branch, for the first time
in this long march, signs of Indians were discovered.
Encamping in a secure situation, scouts were sent
out, who captured two. Lieutenant Bernard himself,
with fifteen men, searched for a day in the vicinity
without finding any of the savages. On the 17th he
detached a party of nineteen men, under Sergeant
Conner, to look for them, who on the 18th, about
eight o'clock in the morning, on Rattlesnake Creek,
discovered a large camp, which he at once attacked,
killing thirteen and wounding many more. The Ind
ians fled, leaving a few horses and mules, but taking
most of their property. The loss on the side of the
troops was Corporal William B. Lord. The detach
ment returned to camp on the evening of the 18th,
where they found a company of forty-seven citizens
from Auburn in Powder River Valley in search of
the same band.
With this addition to his force, Bernard, on the
19th, renewed the pursuit, and found the Indians
encamped in a deep canon with perpendicular walls of
rock, about a mile beyond their former camp, which
place they had further fortified, but which on discover
ing that they were pursued they abandoned, leaving all
their provisions and camp equipage behind, and escap
ing with only their horses and arms. Leaving the citi
zens to guard the pack-train, Bernard, with thirty men,
followed the flying enemy for sixty miles over a broken
and timbered country, passing the footmen, who scat
tered and hid in the rocks, and encamping on Selvie
River. During the night the footmen came together,
and passing near camp, turned off into some low
hills covered with broken rocks and juniper trees.
HALLECK'S POLICY. 525
Upon being pursued, they again scattered like quail,
and only two women and children were captured.
The following day the train was sent for, and the citi
zens notified that they could accomplish nothing by
coming farther. Bernard continued to follow the
trail of the mounted Indians for another day, when
he returned to Camp Watson, having travelled 630
miles in twenty-six days. He spoke of a report
often before circulated that there were white men
among the Malheur band of Shoshones, the troops
having heard the English language distinctly spoken
during the battle of the 1 8th. He estimated the num
ber of Indians, men, women, and children, at 300, and
the fighting men at eighty. The loss of all their pro
visions and other property, it was thought, would dis
able them.14
In August Lieutenant-colonel R F. Beirne, of the
14th infantry, from Camp Watson, marched from The
Dalles along the Canon City road to Boise, scouting
the country along his route. On arriving at Fort
Boise, he was ordered to scout the Burnt River region,
where the Indians were more troublesome, if that
were possible, than ever before. The same was true
of the Powder River district and Canon City; and
the inhabitants complained that the troops drove the
Indians upon the settlements. To this charge Steele
replied that this could not always be avoided. But
the people of the north-eastern part of Oregon asserted,
whether justly or not, that Halleck favored California,
by using the main strength of the troops in his divis
ion to protect the route from Chico to the Idaho mines,
so that the California merchants should be able to
monopolize the trade of the mines, while the Oregon
merchants were left to suffer on the road from
the Columbia River to the mines of Idaho, or to protect
themselves as they best could. The stage company
suffered equally with packers and merchants.
Finally Halleck visited south-eastern Oregon; and
uAUa CaLiforniat Aug. 22, 1866; Mess, and Docs, Abridg. 1866-7, 501.
626 THE SHOSHONE WAR.
going to Fort Boise by the well-protected Chico route,
and thence to the Columbia River, travelling with an
escort, and at a time when the Indians were most
quiet, being engaged in gathering seeds and roots for
food, he saw nothing to excite apprehension.
The legislature, which met in September, and the
new governor, George L. Woods, were urged to take
some action, which was done.15 After some discussion,
a joint resolution was passed, October 7th, that if the
general government did not within thirty days from
that date send troops to the protection of eastern
Oregon the governor was requested to call out a suffi
cient number of volunteers to afford the necessary aid
to citizens of that part of the state.
General Steele had been quite active since taking
the command in Oregon. During the summer he had
made four tours of inspection: one to and around
Puget Sound, travelling between 600 and 700 miles, a
part of the time on horseback. The second tour was
performed altogether on horseback, a distance of over
1,200 miles. Leaving The Dalles with an escort of
ten men and his aide-de-camp, he proceeded to Camp
Watson, where he took one of the cavalry companies
sent to that post in April, commanded by Major E.
Myers, and continued his journey to Camp Curry
and Malheur Lake. While encamped on the east
side of the lake, the Indians drove off fifty-two pack-
mules belonging to the escort. They were pursued,
and the animals recovered, except three which had
been killed and eaten. From Lake Malheur Steele
proceeded without further interruption to Camp Lyon,
and thence to Fort Boise, where he found General Hal-
leek and staff, returning to The Dalles by the usually
travelled road — leaving, it would seem by the com
plaints of the citizens of Eastern Oregon, Myers*
company in the Boise country. With Halleck, he
15 See Woods' Rec., MS.; also U. S. Mess, and Docs, 1866-7, 503-4, 39th
cong. 2d sess; Or. Jour. Senate, 1866, 51-5; Portland Oregonian, July 14, 1866.
STEELE'S TOUR, 527
next inspected the forts at the mouth of the Colum
bia; and on the 13th of August returned to Boise,
crossing Snake River at the mouth of the Bru-
neau, examining the country in that vicinity with
a view to establishing a post. From Bruneau Steele
went to the Owyhee mines, and thence to the forks
of the Owyhee, where troops were encamped watch
ing the movements of the Indians. Taking an escort
of twenty men, under Captain David Perry, he next
proceeded to Alvord Valley, arriving at Camp Smith
on the 6th of September. Thence he returned to Fort
Boise, and to Vancouver about the time the legislature
was considering the subject of raising volunteers.
Soon after the return of Steele and his interview
with Woods, recruiting for the 8th regiment United
States cavalry was begun in the Willamette Valley,
but progressed slowly, the recruiting service having
been injured by the action of the legislature, which
held out the prospect of a volunteer organization, in
which those who would enlist preferred to serve. The
movement to recruit, however, by promising to put an
additional force in the field, arrested the volunteer
movement, and matters were left to proceed as
formerly.16
16 In Sept. the Owyhee stage was attacked and two men shot. In Nov.
the Indians fired on loaded teams entering Owyhee mines from Snake River
by the main road, and killed a man named McCoy, besides wounding one
Adams. They fired on the Owyhee ferry, and on a detachment of cavalry,
both attacks being made in the night, and neither resulting in anything more
serious than killing a horse, and driving off fourteen head of cattle. During
the autumn a party of 68 Idaho miners were prospecting on the upper waters
of Snake River. A detachment of eleven men were absent from the mam
party looking for gold, when one of the eleven separated himself from them,
to look for the trail of others. On returning, he saw that the detachment
had been attacked, and hastened to report to the main company, who, on reach
ing the place, found all ten men murdered. Their names, so far as known,
were Bruce Smith, Edward Riley, David Conklin, William Strong, and
George Ackleson. This party were afterward attacked in Montana by the
Sioux, when Col Rice and William Smith were killed, and several wounded.
See account in Portland Oregonian, Nov. 28, 1866. On the 8th of Nov. the
Owyhee stage was attacked within four miles of Snake River crossing, a passen
ger named Wilcox killed, another, named Harrington, wounded in the hip,
and the driver, Waltermire, wounded in the side. The driver ran his team
two miles, pursued by the Indians, who kept tiring on the stage, answered by
passengers who had arms. The wheel-horses being at last shot, the party
were forced to run for their lives, and escaped. On returning with assistance,
528 THE SHOSHONE WAR.
But it cannot be said that Steele did not keep
his troops in motion. He decided also to try the
effect of a winter campaign, and reestablished several
camps, besides establishing Camp Warner, on the
west side of Warner Lake, and Camp Three Forks
of Owyhee on the head of the north branch of that
river, on the border of the Flint district, and throw
ing a garrison into each of the two abandoned forts
of Lapwai and Walla Walla. Two or three more
cavalry companies arrived before December, there
being then seven in Oregon and Idaho, besides five
companies of the 14th infantry, one of the 1st Oregon
infantry, and five of artillery in the department.
A number of scouting parties were out during the
autumn, scouring the south-eastern part of Oregon,
skirmishing here and there, seldom inflicting or sus
taining much loss. On the 26th of September fifty
cavalrymen under Lieutenant Small attacked the
enemy at Lake Abert, in the vicinity of Camp War
ner, and after a fight of three hours routed them, kill
ing fourteen and taking seven prisoners. Their horses,
rifles, and winter stores fell into the hands of the
troops.
On the morning of the 15th of October Lieutenant
Oatman, 1st Oregon infantry, from Fort Klamath,
with twenty-two men and five Klamaths as scouts,
set out for Fort Bidwell to receive reinforcements
and provisions for an extended scouting expedition.
He was joined by Lieutenant Small with twenty-seven
cavalrymen. The command marched to the Warner
Wilcox was found scalped and mutilated. The mail-bags were cut open and
contents scattered. In Dec. twenty savages attacked the Cow Creek farm in
Jordan Valley, and taking possession of the stable, riddled the house with
bullets and arrows. Having frightened away the inmates, they drove off
all the cattle on the place. They were pursued, and the cattle recovered. U.
S. Sec. Int. Rept, 99-100, vol. iii., 4th cong. 2d sess. Dalles Mountaineer, Dec.
7, 1866; Owyhee Avalanche, Nov. 17, 1866; Idaho World, Nov. 24, 1866. On
the 30th of Oct. the Indians raided Surprise Camp, a military station, carry
ing off grain, tents, tools, etc. Major Walker, promoted from captain, pur
sued them, when they divided their force, sending off their plunder with
some, while a dozen of them charged the soldiers. Four Indians were killed
and the rest escaped. Boise Statesman, Nov. 8, 1866.
OATMAN'S FIGHT. 529
Lake basin, seeking the rendezvous of the enemy.
Two- days were spent in vain search, when the com
mand undertook to cross the mountains to Lake
Abert, at their western base, being guided by Blow,
a Klamath chief. After proceeding six miles in a
direct course, a deep canon was encountered running
directly across the intended route, which was followed
for ten miles before any crossing offered which would
permit the troops to pass on to the west. Such a cross
ing was at last found, the mountains being passed on
the 26th, and at eleven o'clock of the day the command
entered the beautiful valley of the Chewaucan by a
route never before travelled by white men.
About two and a half miles from the point where
they entered the valley, Indians were discovered run
ning toward the mountains. Being pursued by the
troops, they took up their position in a rocky canon.
Leaving the horses with a guard, the main part of the
command advanced, and dividing, passed up the ridges
on both sides of the ravine, while a guard remained
at its mouth. At twelve o'clock the firing began, and
was continued for three hours. Fourteen Indians
were killed, and twice as many wounded. The Indians
then fled into the mountains, and the troops returned
to their respective posts.17
Early in November the Shoshones under Panina
threatened an attack on the Klamath reservation, in
revenge for the part taken against them by the Klam-
aths in acting as scouts. With a promptness unusual
with congress, the treaty made with Panina in Sep
tember 1865 had been ratified,18 and this chief was
under treaty obligations. But true to his threat, he
invaded the Sprague River Valley, where the chief of
the Modocs had his home, stealing some of Sconchin's
horses. In return, Sconchin pursued, capturing two
Snake women. He reported to the agent on the
17 Jacksonville Reporter, Nov. 3, 1866; Dalles Mountaineer, Dec. 7, 1866.
18 Cong. Globe, 1865-6, pt v. ap. 402.
HIST. Oa., VOL. II. 34
530 THE SHOSHONE WAR.
reservation that he had conversed with some of
Panina's head men, at a distance, in the manner of
Indians, and learned from them that the Snakes were
concentrating their forces near Goose Lake, prepara
tory to invading the reservation, and capturing the
fort. Applegate, the agent, notified Sprague, who
reported to his superiors, saying that he had not men
enough to defend the reservation and search for the
enemy. The Shoshones did in fact come within a
few miles of the post, where they were met and fought
by the troops and reservation Indians, losing thirteen
killed and others wounded. Meanwhile the troops
were gradually and almost unconsciously surrounding
the secret haunts of the hostile Shoshones in Oregon,
their successes being in proportion to their nearness of
approach, the attacking party on either side being
usually victorious.19
About this time the controversy between the civil
and military authorities took a peculiar turn. The
army bill of 1866 provided for attaching Indian scouts
to the regular forces engaged in fighting hostile bands;
and certain numbers were apportioned among the states
and territories where Indian hostilities existed, the
complement of Oregon being one hundred. Governor
Woods made application to General Steele to have
these hundred Indians organized into two companies
of fifty each, under commanders to be selected by
himself, and sent into the field independently of the
regular troops, but to act in conjunction with them.
This proposition Steele declined, on the ground that
the army bill contemplated the employment of Indians
as scouts only, in numbers of ten or fifteen to a com
mand.
19 In Oct. Lieut Patton, of Capt Hunt's company, with 10' men, had a skir
mish on Dunder and Blitzen Creek, which runs into Malheur Lake from the
south, killing 6 out of 75 Indians, with a loss of 1 man, and 4 horses wounded.
Boise Statesman, Oct. 27, 1866. Capt. O'Beirne also had a fight on the Owyhee
in Nov., in which he killed 14 and captured 10, losing one man wounded and a
citizen, S. C. Thompson, killed. Id. Nov. 17, 1866; Owyhee Avalanche, Nov.
10, 1SG6. Baker's command, in Nov. and Dec., killed about 60 Indians. Dalles
.Mountaineer, Dec. 14, 1866; Sec. War Kept, i. 481-2, 40th cong. 2d sess.
INDIAN COMPANIES. 531
Being refused by Steele, Woods appealed to Hal-
leek as division commander, who also refused, using
little courtesy in declining. The quarrel now became
one in which the victory would be with the stronger.
Woods telegraphed to the secretary of war a state
ment of the case, and asked for authority to carry
out his plan of fighting Indians with Indians. Secre
tary Stanton immediately ordered Halleck to conform
his orders to the wishes of the governor of Oregon in
this respect ; and thus constrained, authority was given
by Halleck to Woods to organize two companies of
fifty Indians each, and appoint their officers. Accord
ingly, W. C. McKay and John Darragh, both familiar
with the Indian language and customs, were appointed
lieutenants, to raise and command the Indian com
panies, which were sent into the field, with the humane
orders to kill and destroy without regard to age, sex,
or condition.20
About the time that the Warm Spring Indians
took the field, George Crook, lieutenant-colonel 23d
infantry, a noted Indian-fighter in California, was
ordered to relieve Marshall in the command of the
district of Boise,21 as the Idaho newspapers said, "to
20 Lieuts McKay and Darragh, in giving a personal account of their expedi
tion, relate that their command killed fourteen women and children, which was
done in accordance with written and verbal instructions from headquarters of
the military district, and much against the wishes of the Indian scouts, who
remonstrated against it, on the ground that the Snakes, in their next inroad,
would murder their wives and children. U. S. Sec. Int. Kept, 1867-8, vol. iii.,
pt iL, 101, 40th cong. 2d sess. Woods' apology was that the women of the
Snake tribe were the most brutal of murderers, and had assisted in the fiendish
tortures of Mrs and Miss Ward, and other immigrant women, for which they
deserved to suffer equally with the men.
21 See Recollections of O. L. Woods, a manuscript dictation containing many
terse and vivid pictures of the modern actors in our history; also Overland
Monthly, vol. ii., p. 162, 1869.
The following is a complete roster of the officers in the department of the
Columbia in the autumn of 1866: Department staff: Frederick Steele, major-
gen, commanding department. George Macomber, 2d lieut 14th inf., A. A.
insp.-gen. Henry C. Hodges, capt.. A. Q. M., bvt lieut-col U. S. A., chief Q.
M. Sam. A. Foster, capt., C. S., bvt major U. S. A., C. C. S., Act. A. A. G.
P. G. S. Ten Broek, surgeon U. S. A., bvt lieut-col, medical director.
George Williams, brevet capt. U. S. A., aide-de-camp. Richard P. Strong, 1st
lieut 7th inf., aide-de-camp. Stations and commands: Fort Colville, Capt.
John S. Wharton, co. G, 14th inf. Fort Lapwai, Lt J. H. Gallagher, 14th
532 THE SHOSHONE WAR.
the satisfaction of everybody." General Crook was a
man of quiet determination, and the people of Oregon
and Idaho expected great things of him. Nor were
they disappointed, for to him is due the credit of sub
duing the hostile tribes on the Oregon and California
frontier, and in Idaho. When the war began, eastern
Oregon was for the most part a terra incognita, and
the Oregon cavalry had spent four years in exploring
it and tracking the Indians to their hitherto unknown
haunts. And now the most efficient officers decided
that the Indians must be fought in the winter, and
Steele, after brief observation, adopted the theory.
Then Governor Woods had thrown into the field the
best possible aids to the troops in his two companies
of Indian allies.
When Crook assumed command in the Boise dis
trict the Indians were already hemmed in by a cordon
of camps and posts, with detachments continually in
the field harassing and reducing them. About the
middle of December Crook took the field with forty
soldiers and a dozen Warm Spring allies. On the
Owyhee he found a body of about eighty warriors
prepared for battle. Leaving ten men to guard camp,
he attacked with the remainder, fighting for several
hours, when the savages fled, leaving some women
and children and thirty horses in his hands. Twenty-
inf . , co. E, 8th cav. Fort Walla Walla, Lt Oscar I. Converse, co. D, 8th cav.
Fort Stevens, Capt. Leroy L. James, co. C, 2d art. Cape Hancock, Capt. John
I. Rogers, co. L, 2d art. Fort Steilacoom, Capt. Chas H. Peirce, co. E, 2d
art. San Juan Island, Capt. Thomas Grey, co. I, 2d art. Fort Vancouver,
Col G. A. H. Blake, IstU. S. cav., field, staff, and band; Bvt lieut-col Albert O.
Vincent, co. F, 2d art. ; Capt. William Kelly, co. C, 8th cavalry. Vancouver
Arsenal, Bvt capt. L. S. Babbitt, det. ordnance corps. Camp Watson, Bvt.
lieut-col Eugene M. Baker, co. I, 1st cav. ; Lieut Amandus C. Kistler, co. F,
14th inf. Camp Logan, Lieut Charles B. Western, 14th inf., co. F, 8th cav.
Fort Klamath, Capt. F. B. Sprague, co. I, 1st Or. inf. volunteers. Boise Dis
trict: Fort Boise", Bvt maj.-gen. George Crook, 23d inf.; Bvt col James B. Sin
clair, co. H, 14th inf. Camp Three Forks, I. T., Bvt lieut-col John J. Cop-
pinger, cos A and F, 14th inf. Camp C. F. Smith, Capt. J. H. Walker, co.
C, 14th inf. Camp Warner, Capt. P. Collins, cos B and D, 14th inf.; Bvt
major Edward Myers, co. H, 1st cavalry. Camp Lyon, I. T., Capt. James C.
Hunt, co. M, 1st cav. Off. Arm. Regis. , 1866, 67; Portland Ore;/onian, Dec.
22, 1866. Capt. David Perry superseded Marshall at Fort Bois<5 in the interim
before Crook's arrival; and Major Rheinhart, 1st Or. inf., was in command at
Fort Klamath during the summer of 1866.
CROOK'S CAMPAIGNS. 533
five or thirty Indians were killed. Crook lost but
one man, Sergeant O'Toole, who had fought in twenty-
eight battles of the rebellion.
In January 1867 Crook's men again met the
enemy about fifteen miles from the Owyhee ferry, on
the road to California. His Indian scouts discovered
the Snake camp, which was surprised and attacked at
daylight. In this affair sixty Indians were killed and
thirty prisoners taken, with a large number of horses.
A man named Hanson, a civilian, was killed in the
charge, and three of Crook's men wounded. Soon
after a smaller camp was discovered; five of the sav
ages were killed, and the remainder captured. An
Indian wTas recognized among the prisoners who had
before been captured and released on his promise to
refrain from warlike practices in the future, and was
shot for violating his parole.22 From the Owyhee
Crook proceeded toward Malheur lake and river, in
the vicinity of which the Warm Spring Indian com
panies had been operating. On the 6th of January
McKay attacked a camp, killing three, taking a few
horses and some ammunition. He discovered the
headquarters of Panina, who had fortified himself on
a mountain two thousand feet in height, and climbing
the rocks with his men, fought the chief a whole day
without gaining much advantage, killing three Sho-
shones, and having one man and several horses
wounded. The same night, however, he discovered
another hostile camp, attacking which he killed
twelve, and took some prisoners. The snow being
fourteen to eighteen inches deep in north-eastern
Oregon at this time, the impossibility of keeping up
the strength of their horses compelled the scouts to
suspend operations.
Meanwhile, notwithstanding the exertions of the
troops, it was impossible to check the inroads of the
Indians. Only a few years previous to the breaking
22 U. 8. Int. Kept, 1867-8. vol. iii. 188, 40th cong. 2d sess; Owyhee Ava
lanche, Jan. 5, 1867.
534 THE SHOSHONE WAR.
out of the Shoshone war this tribe was treated with
contempt, as incapable of hostilities, other than petty
thefts and occasional murders for gain. When they
first began their hostile visits to the Warm Spring
reservation Robert Newell, one well acquainted with
the character of the different tribes, laughed at the
terror they inspired, and declared that three or four
men ought to defend the agency against a hundred of
them. But a change had come over these savages
with the introduction of fire-arms and cattle. From
cowardly, skulking creatures, whose eyes were ever
fastened on the ground in search of some small living
thing to eat, the Shoshones had come to be as much
feared as any savages in Oregon.23
As early as the middle of March detachments of
troops were moving on the Canon City road, and fol
lowing the trails of the marauders. They travelled
many hundred miles, killing with the aid of the allies
twenty-four Indians, taking a few prisoners, and de
stroying some property of the enemy. On the 27th
of July Crook, while scouting between Camp C. F.
Smith and Camp Harney with detachments from
three companies of cavalry, travelling at night and
23 For example, it takes a brave and somewhat chivalrous savage to rob a
stage. On March 25th, as the Bois6 and Owyhee stage was coming down the
ravine toward Snake River from Reynolds Creek, it was attacked by eight
ambushed Indians. The driver, William Younger, was mortally wounded.
James Ullman, a California pioneer, a Bois6 pioneer, a merchant of Idaho, in
attempting to escape, was overtaken and killed. The mail and contents of the
coach were destroyed or taken. The same band killed Bouchet, a citizen of
Owyhee. A few days previously they had raided a farm, and driven off 23
cattle from Reynolds Creek. On the 25th of April, 8 Shoshones raided the
farm of Clano and Cosper, on the Canon City road, and secured 25 cattle and 2
horses. They were pursued by J. N. Clark, whose house and barn they had
destroyed in Sept., who, with Howard Maupin and William Ragan, attacked
them as they were feasting on an ox, killing 4 and recovering the stock.
One of the Indians killed by Clark was the chief Panina. In the same
month Fraser and Stack were killed near their homes on Jordan Creek. In
May they attacked C. Shea, a herder on Sinker Creek, and were repelled and
pursued by 8 white men, who, however, barely escaped with their lives.
Two men, McKnight and Polk, being in pursuit of Shoshones, were wounded,
McKnight mortally. The savages burned a house and barn near Inskip'a
farm, Owyhee, and drove off the stock, which the troops finally recov
ered. They killed three men in Mormon Basin. On every road, in any
direction, they made their raids, firing on citizens and stealing stock. U. S.
Sec. Int. Rept, 1867-8, iii. 101-3, 40th cong. 2d sess.
INDIAN ALLIES AND RESERVATIONS. 635
lying concealed by day, came upon a large body of
the enemy in a canon in the Puebla Mountains. He
had with him the two companies of allies, composed
of Warm Spring, Columbia River, and Boise Sho-
shones, the first eager for an opportunity of aveng
ing themselves on an hereditary foe. They were
allowed to make the attack, leaving the troops in re
serve. The Shoshones were completely surrounded,
and the allies soon had thirty scalps dangling at their
belts. It was rare sport for civilization, this making
the savages fight the savages for its benefit.2* Pro
ceeding toward and when within eight miles of the
post, another Indian camp was discovered and sur
rounded as before, the allies being permitted to per
form the work of extermination.
From observing that the Indians were constantly
well supplied with ammunition, and that although so
many and severe losses were sustained the enemy
were not disheartened nor their number lessened,
General Crook came to the conclusion that it was not
the Oregon tribes alone he was fighting. From a long
experience in Indian diplomacy, he had discovered that
reservations were a help rather than a hinderance to
Indian warfare, premising that the reservation Indians
were not really friendly in their dispositions. It was
impossible always to know whether all the Indians
belonging to a reservation were upon it or not, or
what was their errand when away from it. An Indian
thought nothing of travelling two or three hundred
miles to steal a horse — in fact, the farther his thefts
from the reservation the better, for obvious reasons.
He was less liable to detection ; and then he could say
he had been on a hunting expedition, or to gather the
seeds and berries which were only to be found in
mountains and marshes, where the eye of the agent
was not likely to follow him. Meantime he, with
24 See Owyliee A valanche, in Orefjonian, Aug. 24, 1867. 'The troops did not
fire a shot.' Boise Statesman, in Shasta Courier, Aug. 31, 1867.
536 THE SHOSHONE WAR.
others like-minded, could make a rapid journey into
Oregon, leaving his confederates on the reservation,
who would help him to sell the stolen horses on his
return for arms and ammunition, and who in their
turn would carry these things to the Oregon Indians
to exchange for other stolen horses. There were
always enough low and vicious white men in the neigh
borhood of reservations to purchase the property thus
obtained by the Indians and furnish them with the
means of carrying on their nefarious practices. By this
means a never-failing supply of men, arms, and ammu
nition was pouring into Oregon, furnished by the
reservation Indians of California. Such, at all events,
was the conviction of Crook, and he determined to act
upon it by organizing a sufficient force of cavalry in
his district to check the illicit trade being carried on
over the border.
It was the intention of Crook to have his troops
ready for prosecuting the plan of intercepting these
incursions from California by the 1st of July; but
owing to delay in mounting his infantry, and getting
supplies to subsist the troops in the field, the proposed
campaign was retarded for nearly two months. The
rendezvous for the expedition was Camp Smith, on
the march from which point to Camp Warner, in
July, his command intercepted two camps of the mi
gratory warriors, and killed or captured both. Crook
left Camp Warner on the 29th of July with forty
troops under Captain Harris, preceded by Darragh
with his company of scouts, with a view of selecting
a site for a new winter camp, the climate of Warner
being too severe.25 Passing southerly around the
base of Warner buttes, and north again to the Drew
crossing of the shallow strait between Warner lakes,
25 The winter of 1866-7 was very severe in the Warner Lake region, which
has an altitude of nearly 5,000 feet. One soldier, a sergeant, got lost, and
perished in the snow. The entire company at Camp Warner were compelled
to walk around a small circle in the snow for several nights, not daring to
lie down or sleep lest they should freeze to death. Owyhee Avalanche, April
6, 1867; Portland Uregonian, Aug. 24, 1867.
DISTRICT CHANGES. 537
he encamped on Honey Creek, fifteen miles north-west
of Warner, where he found Darragh, whom he followed
the next day up the creek ten miles, finding that it
headed in a range of finely timbered mountains trend
ing north and south, with patches of snow on their
summits. On the 31st the new camp was located
in an open-timbered country, on the eastern boun
dary of California, and received the name of New
Warner. It was 500 feet lower than the former
camp. On the 1st of August the command re
turned, having discovered some fresh trails leading
toward California, and confirming the theory of the
source of Indian supplies. At Camp Warner were
found Captain Perry and McKay, who had returned
from a scout to the south-east without finding an
Indian; while Archie Mclntosh, a half-breed Boise
scout, had brought in eleven prisoners, making forty-
six killed arid captured by the allies within two weeks.
On the 3d of August Crook set out on a recon-
noissance to Selvie River and Harney Valley, with
the object of locating another winter post, escorted by
Lieutenant Stanton, with a detachment of Captain
Perry's company, and Archie Mclntosh with fifteen
scouts. The point selected was at the south end of
the Blue Mountains, on the west side, and the camp
was named Harney.26
On the 16th of August, by a general order issued
from headquarters military division of the Pacific,
the district of Boise was restricted to Fort Boise.
Camp Lyon, Camp Three Forks of the Owyhee, and
Camp C. F. Smith were made to constitute the dis
trict of Owyhee,27 and placed under the command
of General Elliott, 1st cavalry. Fort Klamath and
camps Watson, Warner, Logan, and Harney were
designated as constituting the district of the lakes,
and "assigned to the command of Crook, who also had
™Gen. Orders Dept Columbia, Nov. 26, 1867.
27 A few months later Bois6 was incorporated in the district of Owyhee.
538 THE SHOSHONE WAR,
command of the troops at Camp Bidwell, should he
require their services.
Having at last obtained a partial mount for his
infantry, Crook set out about September 1st for that
part of the country from which he believed the re-
enforcements of the Indians to come, with three com
panies of cavalry, one of mounted infantry, and all
the Indian allies. It was hoped by marching at night
and lying concealed by day to surprise some consid
erable number of the enemy. But it was not until
the 9th that Darragh reported finding Indians in the
tules about Lake Abert. On proceeding from camp
on the east side of Goose Lake two days in a north
course, the trail of a party of Indians was discovered,
but Crook believed them to be going south, and di
viding his force, sent captains Perry and Harris and
the Warm Spring allies north to scout the country
between Sprague and Des Chutes rivers, taking in
Crooked River and terminating their campaign at
Camp Harney in Harney Valley.
At the same time he took a course south-east to
Surprise Valley, with the mounted infantry under
Madigan, one cavalry company under Parnell, and the
Boise scouts under Mclntosh. Having found that
there were Indians in the mountains east of Goose
Lake, but having proof that they had also discovered
him, instead of moving at night, as heretofore, he
made no attempt to conceal himself, but marched
along the road as if going to Fort Crook, and actually
did march to within twenty miles of it; but when he
came to a place where he was concealed by the moun
tains along the river on the south side, he crossed
over and encamped in a timbered canon.
On the 25th the command was marched in a course
south-east, along the base of a spur of the mountains
covered with timber. While passing through a ra
vine a small camp of Indians was discovered, who
fled, and were not pursued. Coming soon after to a
plain trail leading toward the south fork of Pit River,
CROOK ON PIT RIVER. 539
it was followed fifteen miles, and the camp for the
night made in a canon timbered with pine, with good
grass and water. Signs of Indians were plenty, but
the commander was not hopeful. The horses were
beginning to fail with travelling over lava-beds, and
at night; the Indians were evidently numerous and
watchful; and there was no method of determining at
what point they might be expected to appear. Fore
warned in a country like that on the Pit River, the
advantages were all on the side of the Indians.
The march on the 26th led the troops over high
table-land, eastward along a much used trail, where
tracks of horses and Indians were frequent, leading
finally to the lava-bluffs overlooking the south branch
of Pit River, and through two miles of canon down
into the valley. Here the troops turned to the north
along the foot of the bluffs, and when near the bend
of the river the scouts announced the discovery of
Indians in the rocks near by. Crook prepared for
battle by ordering Parnell to dismount half his men
and form a line to the south of the occupied rocks,
while Madigan formed a similar line on the north side,
the two uniting on the east in front of the Indian po
sition. Mclntosh with his scouts was ordered back
to the bluff overlooking the valley, the troops getting
into position about one o'clock, and the Indians wait
ing to be attacked in the rocks.
The stronghold was a perpendicular lava- wall, three
hundred feet high, and a third of a mile long on the
west side of the valley. At the north end was a
ridge of bowlders, and at the south end a canon. In
front was a low sharp ridge of lava-blocks, from which
there was a gradual slope into the valley. These sev
eral features of the place formed a natural fortification
of great strength. But there were yet other features
rendering it even more formidable. Running into its
south-eastern boundary were two promontories, a hun
dred and fifty feet in length, thirty in height, with
perpendicular walls parallel to each other and about
540 THE SHOSHONE WAR.
thirty feet apart, making a scarped moat which could
not be passed. At the north end of the eastern
promontory the Indians had erected a fort of stone,
twenty feet in diameter, breast-high, pierced with
loop-holes; and on the western promontory two larger
forts of similar construction. Between this fortress
and the bluff where the scouts were stationed were
huge masses of rocks of every size and contour. The
only approach appearing practicable was from the
eastern slope, near which was the first fort.
At the word of command Parnell approached the
canon on the south. A volley was fired from the
fortv and" the Indians fell back under cover, when
the assailants by a quick movement gained the shelter
of the rocky rim of the ravine; but in reconnoitring
immediately afterward they exposed themselves to
another volley from the fort, which killed and
wounded four men. It was only by siege that the
foe could be dislodged. Accordingly Eskridge, who
had charge of the horses, herders, and supplies, was
ordered to go into camp, and preparations were made
for taking care of the wounded, present and pro
spective.
The battle now opened in earnest, and the after
noon was spent in volleys from both sides, accom
panied by the usual sounds of Indian warfare, in
which yells the troops indulged as freely as the Ind
ians. A squad of Parnell's men were ordered to the
bluff to join the scouts, and help them to pour bullets
down into the round forts. The Indians were entirely
surrounded, yet such was the nature of the ground
that they could not be approached by men in line, and
the firing was chiefly confined to sharp-shooting. The
range from the bluffs above the fort was about four
hundred yards, at an angle of forty-five degrees; and
hundreds of shots were sent during the afternoon
down among them. From the east fort shots could
reach the bluff from long-range guns, and it was neces
sary to keep under cover. All the Indians who could
BATTLE OF THE BLUFF. 541
be seen were clad only in a short skirt, with feathers
in their hair. One of them, notwithstanding the cor
don of soldiers, escaped out of the fortress over the
rocky ridge and bluff, giving a triumphant whoop as
he gained the level ground, and distancing his pur
suers. It was conjectured that he must have gone
either for supplies or reenforcements.
Thus wore away the afternoon. As night^ ap
proached Crook, who by this time had reconnoitred
the position from every side, directed rations to be
issued to the pickets stationed around the stronghold
to prevent escapes. When darkness fell the scouts
left the bluff and crept down among the rocks of the
ridge intervening between the bluff and the fortress,
getting within a hundred feet of the east fort. The
troops also now carefully worked themselves into the
shelter of the rocks nearer to the Indians, who evi
dently anticipated their movements and kept their
arrows flying in every direction, together with stones,
which they threw at random. In the cross-fire kept
up in the dark one of Madigan's men was killed by
Parnell's company. All night inside the forts there
was a sound of rolling about and piling up stones,
as if additional breastworks were being constructed.
Whenever a volley was fired by the troops in the
direction of these noises, a sound of voices was heard
reverberating as if in a cavern. During the early
part of the night there were frequent flashes of light
ning and heavy peals of thunder. ^ In the mean time
no change was apparent in the position of affairs.
At daybreak; Parnell and Madigan were directed
to bring in their pickets and form under the crest of
the ridge facing the east fort, while the scouts were
ordered to take position on the opposite side of the
ridge, and having first crawled up the slope among
the° rocks as far as could be done without discovering
themselves, at the word of command to storm the
fort.28 At sunrise the command Forward! was given.
» 'The general talked to the men like a father; told them at the word
642 THE SHOSHONE WAR.
The men, about forty in number, sprang to their feet
and rushed toward the fort. They had not gone
twenty paces when a volley from the Indians struck
down Lieutenant Madigan, three non-commissioned
officers, three privates, and one citizen — eight in all.
The remainder of the storming party kept on, crossing
a natural moat and gaining the wall, which seemed to
present but two accessible points. Up one of these
Sergeant Russler, of Company D, 23d infantry, led the
way; and up the other, Sergeant Meara and Private
Sawyer, of Company H, 1st cavalry, led at different
points. Meara was the first to reach a natural para
pet surrounding the east fort on two sides, dashing
across which he was crying to his men to come on,
when a shot struck him and he fell dead. At the
same moment Russler came up, and putting his gun
through a loop-hole fired, others following his exam
ple. He was also struck by a shot.
It was expected that the Indians, being forced to
abandon the enclosure which was now but a pen in
which all might be slaughtered, would be easily shot
as they came out, and some of the men disposed
themselves so as to interrupt their anticipated flight;
but what was the surprise of all to see that as fast as
they left the fort they disappeared among the rocks
as if they had been lizards. In a short time the
soldiers had possession of the east fort, but a moment
afterward a volley corning across from the two forts on
the west, and scattering shots which appeared to come
from the rocks beneath, changed the position of the
besiegers into that of the besieged. Several men
more were wounded, one more killed, and the situa
tion became critical in the extreme.
But notwithstanding the Indians still had so greatly
the advantage, they seemed to have been shaken in
their courage by the boldness of the troops in storm-
Forward ! they should rise up quick, go with a yell, and keep yelling,
never think of stopping until they had crossed the ditch, scaled the wall,
broken through the breastworks, and the faster the better.' J. Wasser
and
and
through the breastworks, and the faster the better.' J. Wassen, in
Oregonian, Nov. 12, 1867.
ESCAPE OF THE WARRIORS. 543
ing the east fort, or perhaps they were preparing a
surprise. A continuous lull followed the volley from
the west forts, which lasted, with scattering shots, until
noon, though the men exposed themselves to draw the
fire of the enemy and uncover his position. One shot
entered a loop-hole and killed the soldier stationed
there. Shots from the Indians became fewer during
the afternoon, while the troops continued to hold the
east fort, and pickets were stationed who kept up a
fire wherever any sign of life appeared in the Indian
quarter. The west forts, being inaccessible, could not
be stormed. There was nothing to do but to watch
for the next movement of the Indians, who so far
as known were still concealed in their fortifications,
where the crying of children and other signs of life
could be heard through the day and night of the 27th.
On the morning of the 28th, the suspense having
become unbearable, Crook permitted an Indian woman
to pass the lines, from whom he received an explana
tion of the mysterious silence of the Indian guns.
Not a warrior was left in the forts. By a series of
subterranean passages leading to the canon on the
south-west, they had all escaped, and been gone for
many hours. An examination of the ground revealed
the fact that by the means of fissures and caverns in
the sundered beds of lava, communication could be
kept up with the country outside, and that finding
themselves so strongly besieged they had with Ind
ian mutability of purpose given up its defence, and
left behind their women and children to deceive the
troops until they were safely away out of danger. To
attempt the examination of these caves would be fool
hardy. A soldier, in descending into one, was shot
through the heart, probably by some wounded Indian
left in hiding there. The extent and depth of the
caverns and fissures would render futile any attempt
to drive out the savages by fire or powder. Nothing
remained but to return to Camp Warner, which
movement was begun on the 30th, and ended on the
544 THE SHOSHONE WAR.
4th of October at the new post in the basin east of
Lake Abert.
The result of this long-projected campaign could
not be said to be a victory. According to Wassen,
it was not claimed by the troops that more than fif
teen Indians were killed at the Pit River fortress,
while the loss sustained by the command in the two
days' siege was eight killed and twelve wounded.29
That General Crook sacrificed his men in the affair of
Pit River in his endeavor to achieve what the public
expected of him is evident, notwithstanding the laud
atory and apologetic accounts of the correspondents
of the expedition. Had he let his Indian scouts do
the fighting in Indian fashion, while he held his troops
ready to succor them if overpowered, the result might
have been different. One thing, indeed, he was able
to prove, that the foe was well supplied with ammu
nition, which must have been obtained by the sale of
property stolen in marauding expeditions to the north.
Stored among the rocks was a plentiful supply of
powder and caps, in sacks, tin cans, and boxes, all
quite new, showing recent purchases. The guns found
were of the American half-stocked pattern, indicating
whence they had been obtained, and no breech-loading
guns were found, though some had been previously
captured by these Indians.
The expedition under Perry, which proceeded north,
29 There is a discrepancy between the military report, which makes the
number of killed five, and Wassen 's, which makes it eight; but I have fol
lowed the latter, because his account gives the circumstances and names. The
list is as follows: Killed: Lieut John Madigan, born in Jersey City, N. J.;
sergeants Charles Barchet, born in Germany, formerly of 7th Vt volunteers,
Michael Meara, born in Galway, Ireland, 18 years in U. S. A., and Sergeant
Russler; privates James Lyons, born in Peace Dale, R. I.; Willoughby
Sawyer, born in Canada West; Carl Bross, born in Germany, lived in Newark,
N. J.; James Carey, from New Orleans. Wounded: corporals McCann, Fo-
garty, Firman; privates Clancy, Fisher, Kingston, McGuire, Embler, Barbes,
Shea, Enser; and Lawrence Traynor, civilian. The remains of Lieut Madi
gan were taken one day's march from the battle-field, and buried on the north
bank of Pit River, about twenty miles below the junction of the south
branch. The privates were buried in the valley of the south branch, half a
mile north of the forts. The wounded were conveyed on mule litters to New
Camp Warner. Corr. S. F. Bulletin, in Portland Herald, Dec. 10, 1867; J.
Waesen, in Oregonian, Nov. 12, 1867; Hayes' Indian Scraps, v. 141; Gen
eral Order Dept Columbia, no. 32, 1867.
CAMPAIGNS AND DEPREDATIONS. 545
failed to find any enemy. Lieutenant Small, how
ever, with fifty-one men from Fort Klamath and
ten Klamath scouts, was more successful, killing
twenty-three and capturing fourteen in the vicinity of
Silver and Abert lakes, between the 2d and 22d of
September. Among the killed were two chiefs who
had signed the treaty of 1864, and an influential med
icine-man. Panina having also been killed by citizens
while on a foray on the Canon City and Boise road
in April, as will be remembered, there remained but
few of the chiefs of renown alive.30
For about two months of the summer of 1867,
while Captain Wildy of the 6th cavalry was stationed
on Willow Creek in Mormon Basin, to intercept the
passage north of raiding parties, the people along the
road between John Day and Snake rivers enjoyed
an unaccustomed immunity from depredations. But
early in September Wildy was ordered to Fort Crook,
in California, and other troops withdrawn from the
north to strengthen the district of the lakes. Know
ing what would be the effect of this change, the in
habitants of Baker county petitioned Governor Woods
for a permanent military post in their midst, but peti
tioned in vain, because the governor was not able to
persuade the general government to listen favorably,
nor to dictate to the commander of the department of
the Columbia what disposition to make of his forces.
Wildy 's company had hardly time to reach Fort Crook
when the dreaded visitations began.31 About the last
300regonian, Nov. 4 and 12, 1867; Jacksonville Sentinel, Sept. 28, 1867;
Yreka Union, Oct. 5, 1867; 8. F. Alta, Sept. 28, J867.
31 The first attack was made Sept. 28th upon J. B. Scott, who with his
wife and children was driving along the road between Rye Valley and their
home on Burnt River. Scott was killed almost instantly, receiving two fatal
wounds at once. The wife, though severely wounded, seized the reins as
they fell from the hands of her dead husband, and urging the horses to a run,
escaped with her children, but died the following day. This attack was fol
lowed by others in quick succession. Oregonian, Oct. 4, 7, 9, 1867; UmatUla
Columbia Press, Oct. 5, 1867. On the morning of the 3d of October a small
band of Indians plundered the house of a Mr Howe, a few miles east of Camp
Logan, and a detachment of seven men of company F, 8th cavalry, was sent
under Lieut Pike to pursue them. Pike may have been a valuable officer,
HIST. OB., VOL. II. 35
546 THE SHOSHONE WAR.
of October General Steele ordered a cavalry company
to guard the roads and do picket duty in the Burnt
River district.
But depredations were not confined to the Oregon
side of Snake River. They were quite as frequent in
Boise and Owyhee districts, where there was no lack
of military camps. So frequent were the raids upon
the stock-ranges 32 that the farmers declared they must
give up their improvements and quit the country
unless they were stopped. At length they organized
a force in the lower Boise Valley. Armed with guns
furnished by Fort Boisd, and aided by a squad of sol
diers from that post, they scouted the surrounding
country thoroughly, retaking some stock and killing
two Indians.33 But while they recovered some of their
property, the stage station at the mouth of the
Payette River was robbed- of all its horses.3* And
this was the oft-repeated experience of civil and mili
tary parties. Blood as well as spoils marked the course
of the invaders.35 Stages, and even the Snake River
but he was not experienced in Indian-fighting. He was eagerly pushing for
ward after the guides, who had discovered the camp of the thieves, when he
imprudently gave a shout, which sent the savages flying, leaving a rifle, which
in their haste was forgotten. Pike very foolishly seized it by the muzzle and
struck it on a rock to destroy it, when it exploded, wounding him fatally,
which accident arrested the expedition; and a second, under Lieut Kauffman,
failed to overtake the marauders. Oregonian, Nov. 4, 1867; Gen. Order Head
quarters Dept Columbia, no. 32.
32 On the night of Oct. 3d, within half a mile of Owyhee City, Joseph F.
Oolwell, a highly respected citizen, was killed, scalped, and burned. On the
following night a raid was made on the cattle in Jordan Valley, within 3 miles
of Silver City. Four separate incursions were made into Bois6 Valley during
the autumn. Owyhee Avalanche, Oct. 5, 1867; Boise Statesman, Oct. 22, Dec.
17, 1867; Boise Democrat, Dec. 21, 1876.
83 A farmer who belonged to the volunteer company of Bois<5 Valley stated
that one of the Indians killed was branded with a circle and the figures 1845,
showing that 22 years before he had been thus punished for offences of a simi
lar kind.
34 There was a chief known to his own people as Oulux, and to the settlers
as Bigfoot, who led many of these raids. He was nearly 7 feet in height, and
powerfully built, with a foot 14f inches in length. The track of this Indian
could not be mistaken. He was in Crook's first battle in the spring, on the
Owyhee, with another chief known as Littlefoot. Yreka Union, Feb. 9, and
Nov. 11, 1867. Bigfoot was killed by an assassin, who lay in wait for him,
and his murderer promised him to guard from the public the secret of his
death, of which he was*ashamed.
35 On the 21st of October, in the morning, occurred one of the most painful
of the many harrowing incidents of the Shoshone war. Two sergeants, named
STEELE RETIRES. 647
steamer Slwshone, were attacked. Letters and news
papers were found in Indian camps clotted with human
gore. The people, sick of such horrors, cried loudly
for relief. But at this juncture, when their services
were most needed, the Indian allies were mustered
out, although General Steele, in making his report,
fully acknowledged their value to the service, saying
they had done most of the fighting in the late expe
ditions, and proved efficient guides and spies.36
On the 23d of November Steele relinquished the
command of the department of the Columbia,37 which
Nichols and Denoille, left Camp Lyon in a four-horse ambulance to go to Fort
Boise", Denoille having with him his wife, who was in delicate health. Nine
miles from camp, while passing through a rocky canon, they were attacked by
Indians in ambush, and Denoille, who was driving, was killed at the first fire.
Nichols, not knowing that his comrade was hit, was giving his attention to the
Indians, when Denoille fell out of the wagon dead, and the horses becoming
f lightened ran half a mile at the top of their speed, until one fell and arrested
the flight of the others. Nichols now sprang out, followed by Mrs Denoille,
whom he urged to conceal herself before the Indians came up; but being bereft
of her reason by the shock of the tragedy, she insisted on returning to Find her
husband; and Nichols, hiding among the rocks, escaped to Carson's farm that
evening. When a rescuing party went out from Silver City after Denoille's
body, which was stripped and mutilated, nothing could be learned of the fate
of his wife. A scouting party was immediately organized at Camp Lyon. At
the Owyhee River the troops came upon a camp, from which the inmates fled,
leaving only two Indian women. These women declared that Mrs Denoille
had not been harmed, but was held for ransom. One of them being sent to
inquire what ransom would be required, failed to return, when the troops re
treated to camp to refit for a longer expedition. Col Coppinger and Capt.
Hunt immediately resumed the pursuit, but the Indians had escaped. About
the middle of Dec. a scouting party attacked a camp of twenty savages, kill
ing five and capturing six. Some of Mrs Denoille's clothing was found on one
of the captured women, who said that the white captive was taken south to
Winnemucca to be held for a high ransom. It was not until in the summer
of 1868 that the truth was ascertained, when to a scout named Hicks was
pointed out the place of the woman's death, and her bleaching bones. She
had been taken half a mile from the road where the attack was made, dragged
by the neck to a convenient block of stone, her head laid upon it, and crushed
with another stone. The Indian who described the scene, and his part in it,
was riddled by the bullets of the company. J3oise Statesman, Oct, 24, 26, and
Dec. 17, 1867; Owyhee Avalanche, June 13, 1868.
™ReptSec. War, 1867-8, i. 79; Oregonian, Dec. 23, 1867.
37 Steele was born in Delhi, N. Y., graduated at West Point in 1843, and
received a commission as 2d lieut in the 2d reg. U. S. inf. He served under
Scott in Mexico, and was brevetted 1st lieut, then captain, for gallant conduct
at the battles of Contreras and Chapultepec; and was present at the taking
of the city of Mexico. After the Mexican war he was stationed in Cal., on
duty as adj. to Gen. Riley. At the outbreak of the rebellion he was ordered
to Missouri, where he was soon promoted to the rank of major in the llth U.
S. inf. For gallant services at Wilson's Creek, he was made a brig. gen. of
volunteers; and for subsequent services brevetted maj. gen. On leaving Ore
gon he was granted an extended leave of absence, from which he anticipated
much pleasure, but died suddenly of apoplexy, in S. F.
548 THE SHOSHONE WAR.
was assumed by General L. H. Rosseau, who, how
ever, made no essential changes in the department.
Arrangements were continued in each district for a
O
winter campaign of great activity.38 The military
journals contain frequent entries of skirmishes, with a
few Indians killed, and more taken prisoners; with
acknowledgments of some losses to the army in each.
Crook, whose district was in the most elevated por
tion of the country traversed, kept some portion of
the troops continually in the field, marching from ten
to twenty miles a day over unbroken fields of snow
from one to two feet in depth. In February he was
on Dunder and Blitzen Creek,39 south of Malheur
Lake, where he fought the Indians, killing and cap
turing fourteen. While returning to Warner, a few
nights later, the savages crept up to his camp, and
killed twenty-three horses and mules by shooting
arrows into them and cutting their throats. Crook
proceeded toward camp Warner, but sent back a de
tachment to discover whether any had returned to
feast on the horse-flesh. Only two were found so en
gaged, who were killed. Another battle was fought
with the Indians, in the neighborhood of Steen Moun
tain, on the 14th of April, when several were killed.
The troops at Camp Harney made a reconnoissance
of the Malheur country in May, which resulted in
surprising ten lodges on the north fork of that river
near Castle Rock, or as it was sometimes called, Mal
heur Castle, and capturing a number of the enemy,
among whom was a notorious subchief known as E.
E. Gantt, who professed a great desire to live there
after in peace, and offered to send couriers to bring in
his warriors and the head chief, Wewawewa, who, he
declared, was as weary of conflict as himself.40 On
38 See general order No. 5 district of Owyhee. in Oregoman, Nov. 1867.
39 So named by Curry's troops, who crossed it in a thunder-storm in 1864.
Kept Adjt-Gen. Or., 1866, 41.
40 Gantt had reasons for his humility. He had been engaged in several
raids during this spring, driving off the stock from Mormon basin between
Burnt and Malheur rivers, and capturing two trains of wagons. At length
the farmers organized a company, and in concert with the troops from Camp
HALLECK'S ORDERS. 549
this promise he was released, his family, and in all
about sixty prisoners, with their property, and the
stock plundered from the settlers remaining in the
hands of the troops. A messenger was sent to inter
cept General Crook, who, having been temporarily
assigned to the command of the department of the
Columbia, was on his way to the north.
The Indians had sustained some reverses in Idaho,
among which was the killing of thirty-four who had
attacked the Boise stage in May, killing the driver
and wounding several other persons. Many prisoners
had also been taken during the winter, and some had
voluntarily surrendered. Rosseau had issued an order
in February that all the Indians taken in the district
of Owyhee should be sent under guard to Vancouver,
and those taken in the district of the lakes should be
sent to Eugene City, via Fort Klamath, to be deliv
ered to the superintendent of Indian affairs. Those
at Boise took advantage of a severe storm, when the
guards were less vigilant than usual, to recover their
freedom; but as they only escaped to find themselves
given up by their chiefs, it was a matter of less con
sequence.
According to an order of Halleck's, no treaty could
be made with the Indians by the officers in his divis
ion without consulting him, and it became necessary
for Crook to wait for instructions from San Francisco.
He repaired in the mean time to Camp Harney, where
Coif ax, inflicted severe chastisement on a portion of this band. Bigfoot, also,
on the east side of Snake River, was captured by the farmers' company of the
Payette and the troops from Boise" fort, who happened to come upon his camp at
the same time, surrounding it, when the Indians surrendered. Ore</onian, June
24, 1868. Meanwhile, in the Owyhee district the usual murderous attacks
had been going on. In May the Indians again shot and killed the driver of
the stage, Robert Dixon, between Boise" City and Silver City; and shot and
wounded the passengers in another wagon. In March they had murdered a
farmer named Jarvis, near Carson's farm. Owyhee Avalanche, March 21, 1868.
In June they stole stock and killed a young man named Jonas Belknap, in
Mormon basin, who went to recover the horses, cutting his body to pieces,
and sticking it full of pointed rods with slices of fat bacon on the ends. Boist
Statesman, June 13, 1868. The party which went to find these Indians was
attacked in a canon, and Alex. Sullivan was killed.
550 THE SHOSHONE WAR.
the principal chiefs of the hostile bands were assem
bled, and where a council was held on the 30th of
June.
"Do you see any fewer soldiers than two years ago?"
asked he. "No; more." "Have you as many war
riors?" "No; not half as many." "Very well; that
is as I mean to have it until you are all gone."41 The
chiefs knew this was no empty threat, and were terri
fied. They sued earnestly for peace, and Crook made
his own terms. He did not offer to place them on a
reservation, where they would be fed while they idled
and plotted mischief. He simply told them he would
acknowledge Wewawewa as their chief, who should
be responsible for their good conduct. They might
return free into their own country, and establish their
headquarters near Castle Rock on the Malheur, and so
long as they behaved themselves honestly and prop
erly they would not be molested. These terms were
eagerly accepted, and the property of their victims
still in their possession was delivered up.42
Crook had no faith in reservations, yet he felt that
to leave the Indians at liberty was courting a danger
from the enmity of white men who had personal
wrongs to avenge which might provoke a renewal of
hostilities. To guard against this, he caused the terms
of the treaty to be extensively published, and appealed
to the reason and good judgment of the people, re
minding them what it had cost to conquer the peace
which he hoped they might now enjoy.43 With regard
to the loss of life by fighting Indians in Oregon and
Idaho up to this time, it is a matter of surprise that it
was so small. The losses by murderous attacks out of
battle were far greater. From the first settlement of
Oregon to June 1868, the whole number of persons
41 See letter to Gov. Ballard of Idaho, in Oregonian, July 29, 1868; Over
land Monthly, 1869, 162.
"Among the relics returned were articles belonging to three deserting
soldiers, whose fate was thus ascertained.
43 Mess, and Docs, 1868-9, 380-6; Hayes' Indian Scraps, v. 142; Oregonian,
July 13, 1868.
TREATY OF PEACE. 551
known to be killed and wounded by Indians was 1,394.
Of these only about 90 were killed or wounded in battle.
The proportion of killed to wounded was 1,130 to 264,
showing how certain was the savage aim. A mighty
incubus seemed lifted off the state when peace was
declared. General Crook, now in command of the
department, was invited to Salem at the sitting of
the legislative assembly to- receive the thanks of that
body.44
The treaty which had been made was with the
Malheur and Warner Lake Shoshones only. There
were still some straggling bands of Idaho Shoshones
who were not brought in until August; and the troops
still scouting on the southern border of Oregon con
tinued for some time to find camps of Pah Utes, and
also of the Pit River Indians, with whom a council was
subsequently held in Round Valley, California. Early
in July between seventy and eighty of Winnemucca's
people with three subchiefs were captured, and sur
rendered at Camp C. F. Smith, " where," said Crook
in one of his reports, "there seems to be a disposition
to feed them, contrary to instructions from these
headquarters."
The Indians had submitted to force, but it was a
tedious task, subjecting them to the Indian depart
ment, which had to be done. Crook had said to them,
"You are free as air so long as you keep the peace;"
but the Indian superintendent said, "You signed a
treaty in 1865 which congress has since ratified, and
you must go where you then agreed to go, or forfeit
'the benefits of the treaty; and we have, besides, the
power to use the military against you if you do riot."
This argument was the last resorted to. The tone of
the Indian department was conciliatory; sometimes
too much so for the comprehension of savages. They
never conceded anything unless forced to do so, and
how should they know that the white race practised
"See Senate Joint Resolution, no. 6, in Or. House Jour., 1868, 85-6; Or.
Laws, 1868, 99-100, 102-3; Or. Legis. Docs, 1868; Governor's Message, 4-5.
552 THE SHOSHONE WAR.
such magnanimity? Crook cautioned his subordi
nates on this point, telling them to disabuse the minds
of the Indians of the notion that the government was
favored by their abstinence from war.
Superintendent Huntington, who had talked with
Wewawewa about the settlement of his people, was
told that the Malheur Indians would consent to go
upon the Siletz reservation in western Oregon, but
that those about Camp Warner would not, and noth
ing was done toward removing them in 1868. Mean
time Huntington died, and A. B. Meacham was
appointed in his place. A small part of the Wolpape
and Warner Lake Shoshones consented to go upon the
east side of Klamath reservation; but in 1869 most
of these Indians were at large, and sufficiently un
friendly to alarm the white inhabitants of that part of
the state.
And now the bad effects of the late policy began to
appear. When the Shoshones were first conquered
they would have gone wherever Crook said they must
go. But being so long free, they refused to be placed
on any reservation. Other tribes, imitating their ex
ample, were restless and dissatisfied, even threatening,
and affairs assumed so serious an aspect that Crook
requested the commander of the division to withdraw
no more troops from Oregon, as he felt assured any
attempt to forcibly remove the Indians — a measure
daily becoming more necessary to the security of the
settlements — would precipitate another Indian war,
and that the presence of the military was at that time
necessary to restrain many roving bands from com
mitting depredations.45
About the 20th of October Superintendent Mea
cham, assisted by the commanding officer at Camp
Harney, held a council with the Indians under We-
45 The facts here stated are taken from the military correspondence in the
dept of the Columbia, copied by permission of General Jeff C. Davis, to whose
courtesy I have been much indebted. For convenience, I shall hereafter refer
to these letters as Military Correspondence, with appropriate date. The above
expression of opinion was dated May 8, 1869.
LATER TROUBLES. 553
wawewa, which ended by their declining to go upon
the Klamath reservation as requested, because Crook,
\vho could have persuaded them to it, declined to do
so,*6 for the reason that he believed that Meacharn
had promised more than he would be able to perform.
Early in November Meacham held a council with
the Indians assembled at Camp Warner under Otsehoe,
a chief who controlled several of the lately hostile
bands, and persuaded this chief to go with his fol
lowers upon the Klamath reserve. But the war
department gave neither encouragement nor material
assistance, although Otsehoe and other Indians about
Warner Lake were known to Crook to be amongst
the worst of their race, and dangerous to leave at
large.47
True to his restless nature, Otsehoe left the reser
vation in the spring of 1870, where his people had
been fed through the winter. They deserted in de
tachments, Otsehoe remaining to the last; and when
the commissary required the chief to bring them back,
he replied that Major Otis desired them to remain at
Camp Warner, a statement which was true, at least
in part, as Otis himself admitted.48
Otsehoe, however, finally consented to make his
home at Camp Yainax, so far as to stay on the reser-
46 ' I did not order them to go with Mr Meacham, for the reason that I have
their confidence that I will do or order only what is best and right, both
for themselves and the government.' Military Correspondence, Dec. 7, 1869.
47 'Among these bands,' says Gen. Crook, 'and those near Harney, are
some as crafty and bad as any I have ever seen, and if they are retained in
the vicinity of their old haunts, and the Indian department manages them as
they have other tribes in most cases, they will have trouble with them. Mil
itary Correspondence, March 4, 1809.
48 ' I do not remember giving any Indians permission to stay here, but 1
have said that if they came I would not send them back, because they said
they could live better here. I shall, however, advise the Indians to go over
and see Mr Meacham, in the hope that he will rectify any neglect or wrong
that may have been done them.' Otis to Ivan D. Applegate, in Military Cor
respondence, July 18, 1870. Applegate, in reply, says that the Indians were
well fed and well treated during the winter, but that crickets had destroyed
their growing grain, and Meacham's arrival had been delayed, owing to the
tardiness of the Indian department in the east, besides which reasons, suffi
cient to discourage the unstable Indian mind, Archie Mclntosh, one ot the
Boise Indian scouts, had been making mischief on the reservation, by repre
senting that Otsehoe was wanted with his people at Camp Warner.
554 THE SHOSHONE WAR.
vation during the winter season, but roving abroad in
the summer through the region about Warner and
Goose lakes. In March 1871, by executive order, a
reservation containing 2,275 square miles was set
apart, on the north fork of the Malheur River, for
the use of the Shoshones. In the autumn of 1873 a
portion of them were induced to go upon it, most of
whom absented themselves on the return of summer.
Gradually, however, and with many drawbacks, the
Indian department obtained control of these nomadic
peoples, who were brought under those restraints
which are the first step toward civilization.49
With the settlement of the Shoshones upon a res
ervation, the title of the Indians of Oregon to lands
within the boundaries of the state was extinguished.
The Grand Rond reservation in the Willamette Val
ley was afterward purchased of the Indians and thrown
open to settlement. The Malheur reservation was
abandoned, the Indians being removed to Washing
ton.50 Propositions have been made to the tribes
on the Umatilla reservation to sell their lands, some
of the best in the state, but so far with no success,
these Indians being strongly opposed to removal.
Ten years after the close of the Shoshone war, claim
was laid by a chief of the Nez Perces to a valley in
north-eastern Oregon, the narrative of which I shall
embody in the history of Idaho. Thus swiftly and
mercilessly European civilization clears the forests of
America of their lords aboriginal, of the people placed
there by the almighty for some purpose of his own,
swiftly and mercilessly clearing them, whether done
by catholic, protestant, or infidel, by Spaniard, Eng
lishman, or Russian, or whether done in the name of
Christ, Joe Smith, or the devil.
4»Ind. Aff. Kept, 1873, 320-4; H. Ex. Doc., 99, 43d cong. 2d sess.; Owyhee
Avalanche, Oct. 11, 1873.
50 Winnemucoa's people refused to remain at the Yak i ma agency, and made
their exodus a few years ago to Nevada, whence they came.
CHAPTER XXII.
THE MODOC WAR.
1864-1873.
LAND OF THE MODOCS-KEINTPOOS, OR CAPTAIN JACK-AGENT.,
TENDENTS, AND T*EATIES-KEINTPOOS DECLINES TO Go ON A RESERVA
TION-RAIDS-TROOPS IN PURSUIT-JACK TAKES TO THE LAVA-BEDS-
APPOINTMENT OF A PEACE COMMISSIONER-ASSASSINATION o
THOMAS, AND SHERWOOD-JACK INVESTED IN HIS STRONGHOLD-HE
ESCAPES-CRUSHING DEFEAT OF TROOPS UNDER THOMAS-CAPTAIN JACI
PURSUED, CAUGHT, AND EXECUTED.
THE Modoc war, fought almost equally in California
and Oregon, is presented in this volume because
that tribe belonged to the Oregon supermtendency,
and for other reasons which will appear as I proceed.
From the time that certain of Fremont s men were
killed on the shore of Klamath Lake down to 1864
when superintendent Huntington of Oregon entered
into a treaty with them and the Klamaths, the Modocs
had been the implacable enemies of the white race,
and were not on much more friendly terms with other
tribes of their own race, sustaining a warlike char
acter everywhere. They lived on the border-land be
tween California and Oregon, but chiefly in the latter,
the old head chief, Sconchin, having his home on
Sprague River, which flows into the upper Klamath
Lake, and the subchiefs in different localities
Keintpoos, a young subchief, had his headquarter
i Modoc 'cordinz to E. Steele of Yreka, is a Shasta word signifying
them, to the number of 95. Historical Correspondency MS. ^
556 THE MODOC WAR.
anywhere about Tule Lake, ranging the country from
Link River, between the two Klamath lakes, to
Yreka, in California. He was called Captain Jack by
the white settlers, on account of some military orna
ments which he had added to his ordinary shirt, trou
sers, and cap; was not an unadulterated savage, having
lived long enough about mining camps to acquire some
of the vices of civilization, and making money by the
prostitution of the women of his band more than by
honest labor. Some of the boys of this band of
Modocs were employed as house-servants in Yreka,
by which means they acquired a good understand
ing of the English language, and at the same time
failed not to learn whatever of evil practices they
observed among their superiors of the white race.
During the civil war they heard much about the pro
priety of killing off the white people of the north, and
other matters in harmony with their savage instincts;
and being unable to comprehend the numerical strength
of the American people, conceived the notion that this
was a favorable time to make war upon them, while
their soldiers were fighting a long way off.
E. Steele, Indian superintendent of California, when
he entered upon the duties of his office in 1863, found
the Klamaths and Modocs, under their chiefs Lalake
and Sconchin, preparing to make war upon southern
Oregon and northern California, having already be
gun to perpetrate those thefts and murders which are
a sure prelude to a general outbreak. The operations
of the 1st Oregon cavalry and the establishment of
Fort Klamath to prevent these outrages are known
to the reader. In February 1864 the Modocs on the
border of Oregon and California, who spent much of
their time in Yreka, being alarmed lest punishment
should overtake them for conscious crimes, sought the
advice of Steele, who, ignoring the fact that they had
been allotted to the Oregon superin tendency, took the
responsibility of making with them a treaty of friend
ship and peace. This agreement was between Steele
STEELE'S TREATY. 557
individually and Keintpoos' band of Modocs. and re
quired nothing of them but to refrain from quarrels
amongst themselves, and from theft, murder, child-
selling, drunkenness, and prostitution in the white
settlements. The penalty for breaking their agree
ment was, to be given up to the soldiers. The treaty
permitted them to follow any legitimate calling, to
charge a fair price for ferrying travellers across streams,
and to act as guides, if desired to do so. On the part
of the white people, Steele promised protection ^ when
they came to the settlements, but advised their ob
taining passes from the officers at Fort Klamath, to
which they were informed that they would be required
to report themselves for inspection.
This action of Steele's, although prompted by a
desire to prevent an outbreak, was severely criticised
later. He was aware that congress had granted an
appropriation for the purpose of making an official
treaty between the superintendent of Oregon, the
Modocs, and the Klamaths, and that the latter had
been fed during the winter previous at the fort, in an
ticipation of this treaty. For him to come in with
an individual engagement was to lay the foundation
for trouble with the Modocs, who were entirely satis
fied with a treaty, which left them free to visit the
mining camps, and to perpetrate any peccadilloes which
they were cunning enough to conceal, while a govern
ment treaty which would restrain them from such privi
leges was not likely to be so well received or kept.
Keintpoos did, however, agree to the treaty of Octo
ber 1864, at the council-grounds on Sprague River,
whereby the Klamaths and Modocs relinquished to
the United States all the territory ranged by them,
except a certain large tract lying north of Lost River
Valley.
Sconchin, the head chief of all the Modocs, was now
an old man. In his fighting days he had given immi
grants and volunteer companies plenty to do to^ayoid
his arrows. It was through his warlike activities
558 THE MODOC WAR.
that the rocky pass round the head of Tule Lake came
to be called Bloody Point. Yet he had observed the
conditions of the treaty faithfully, living with his band
at his old home on Sprague River, within the limits
of the reservation, and keeping his people quiet. But
Keintpoos, or Captain Jack, as I shall henceforth call
him, still continued to occupy Lost River Meadows,
a favorite grazing-ground, where his band usually
wintered their ponies, and to live as before a life com
bining the pleasures of savagery and civilization, keep
ing his agreement neither with Steele nor the United
States, two of his followers being arrested in 1867 for
distributing ammunition to the hostile Snakes.
O
This practice, with other infringements of treaty
obligations, led the agent in charge of the Klamath
reservation in 1868 to solicit military aid from the
fort to compel them to go upon the reserve,2 which
was not at that time granted.
In 1869 the settlers of Siskiyou county, California,
petitioned General Crook, in command of the Oregon
department, to remove the Modocs to their reserva
tion, saying that their presence in their midst was
detrimental to the interests of the people. Crook
replied that he would have done so before but for a
report emanating from Fort Klamath that the Indian
agent did not feed them.3 After some weeks, how
ever, he, on the demand of Superintendent A. B.
Meacham, ordered Lieutenant Goodale, commanding
at Fort Klamath, to put Jack and his band upon
the reserve if in his belief the Indian department was
prepared to care for them properly. Accordingly, in
December, Meacharn obtained a detachment of troops
and repaired to the ford on Lost River, where he had
an interview with Jack, informing him of the purpose
of the government to exact the observance of the
2 Yreka Journal, Nov. 15, 1867; Woodbridge Messenger, Nov. 23, 1867; Ind.
Aff. R?pt, 1868, 124.
3 Military Correspondence, Oct. 14, and Dec. 7, 1869; Ind. Aff. Rept, 1869,
155; Pot Hand Oregonian, Aug. 4, 1868.
MEACHAM AND CAPTAIN JACK. 559
treaty. Jack hesitated and prevaricated, and during
the night fled with a part of his followers to the lava-
beds south of Tule Lake, leaving the camp in charge
of two subchiefs, George and Riddle. But Meacham
remained upon the ground, and after two or three
days' correspondence with Jack by means of messen
gers, obtained his consent to come upon the reservation
with his people, Jack at the same time confiding his
resolve to George not to remain longer than he found
it agreeable.4 Meacham established Jack comfortably
at Modoc Point, on Klamath Lake, by his own desire,
where also Sconchin was temporarily located while
improvements were being made upon the lands in
tended for cultivation.
As I have intimated, the military department threw
doubts upon the manner in which the Indian depart
ment provided for the wants of the Indians; and to
prevent any occasion being given to Jack to violate
treaty obligations, Captain O. C. Knapp was com
missioned agent,5 who was profuse in his allowances
to the Modocs in order to cultivate their regard. But
all in vain. Early in the spring Jack, pretending to be
starved, but in reality longing for the dissipations of
Yreka, and designing, by drawing away as many as pos
sible of Sconchin's men, to become a full chief, left the
reservation with his band, and returned to Lost River
Valley, which was now being settled up by white
cattle-raisers. This movement of Jack's caused Mea
cham to accuse Knapp of permitting the Klamaths
to annoy and insult the Modocs, thus provoking them
to flight. Meacham was a man with a hobby. He
believed that he knew all about the savage race, and
how to control it. Like Steele, when he accepted
the chieftainship of Jack's band in 1864, he was flat-
40. C. AppUcjak?* Modoc History, MS., 2. This is a full and competent
account of Modoc affairs from 1864 to 1873. No one has a more thorough and
intelligent knowledge of the customs, manners, ideas, and history of this tribe
than Mr Applegate.
5 Military officers were, in the autumn of 1869, substituted for other agents
at each of the reservations in eastern Oregon, and at several in California.
lad. Aff. R«ptt 1870, 51.
560
THE MODOC WAR.
tered by the distinction of being the friend of these
wild people, and his theory was that he could govern
them through his hold on their esteem. Knapp was
accused by Jack of causing his people to labor at mak
ing rails for fencing, with providing insufficient food,
and with moving them from place to place, although
he had only proposed to remove them to land more
suitable for opening farms, and furnished with wood
and grass,6 and this, Meacham said, was reason enough
THE MODOC COUNTRY.
for their leaving the reservation. He now called upon
the commandant of the fort to take measures to return
Jack and his band to the reserve, and also insisted
upon the relative positions of the civil superintendent
and military agent being made clear by the depart
ment at Washington. Having a military agent did
not seem to work well, since Captain Knapp, through
his knowledge of affairs at the fort, and the inefficiency
of Goodale's command, refrained from making a requi-
6 Military Correspondence, MS., March 18, 1873.
PREPARATIONS FOR TROUBLE. 561
sition upon him, when in his character of agent it was
his duty to have done so. This neglect caused Goodale
to be censured, who promptly placed the blame upon
Knapp, while admitting the soundness of his judg
ment.7 Owing to the inferiority of the force at
Klamath, no steps were taken for a year and a half to
bring back the Modocs under Jack to the reservation,
during which time they roamed at will from one re
sort to another, making free use of the beef of the
settlers on Lost River, and by their insolence each
summer frightening the women into flight.8
In August 1870 General Crook was relieved from
the command of the Department of the Columbia by
General E. R. S. Canby, and sent to fight the Ind
ians of Arizona, for which purpose all the military
stations in Oregon were depleted.9 At Fort Klam
ath there was one company, K, of the 23d infantry
under Lieutenant Goodale, and no cavalry, while at
Camp Warner, over a hundred miles to the east,
there were two companies, one being cavalry, neither
post being strong enough to assist the other, and both
having to keep in check a large number of Indians
subdued by Crook, but not yet trusted to remain quies
cent.
There were certain other elements to be taken into
account in considering the causes which led to the
o
Modoc war. The Klamaths used formerly to be
allies of the Modocs, although they seem never to
have been so fierce in disposition; but after being
settled on the reserve and instructed, and especially
after Lalake, their old chief, was deposed, being sup
planted by a remarkable young Klainath, named by
7 Letter of Goodale, in Military Correspondence, MS., May 16, 1870.
8 Jack's band used to range up and down among the rancheros, visiting
houses in the absence of the men, ordering the women to cook their dinners,
lounging on beds while the frightened women complied, and committing va
rious similar outrages for two summers before the war began, causing the
settlers to send their families to Rogue River Valley for safety. Applegate's
Modoc History, MS.
9Rept of Maj.-gen. George H. Thomas, in H. Ex. Doc., i. pt ii., 114,
41st cong. ?d sess.
HIST. OB., VOL. II. 36
562 THE MODOC WAR.
the agent Allen David, their ambition was not to
fight, but to learn the arts of peace. Their advance
ment in civilization and conformity to treaty regula
tions was a source of pride with them, and of annoy
ance to Captain Jack, the more so that the Klamaths
had assisted in arresting the Modocs guilty of aiding
the hostile Shoshones with ammunition. But Jack
was even more annoyed with Sconchin, whom he
taunted with remaining on the reservation more for
convenience than care for his people,10 whom Jack
was constantly endeavoring to entice away.
In 1870, having been left so long to follow his own
devices, Jack made a formal claim to a tract of land,
already settled upon, six miles square, and lying on
both sides of the Oregon and California line, near
the head of Tule Lake. Superintendent Meacham,
not knowing how to compel Jack to bring his people
upon the reserve, reported to the secretary of the
interior, recommending that this tract as described
should be allowed them as a reserve. A more unwise
proposition could not have been made; for aside
from the precedent established, there was the conflict
with the settlers already in possession within these
limits, the opposition of the neighboring farmers to
having this degraded band in their vicinity, and the
encouragement given to Jack, who was informed of
the superintendent's action, bearing upon the future
aspect of the case.
Previous to this Knapp went to Yreka to have an
interview with Jack, whose importance increased with
finding himself the object of so much solicitude, and
who flatly refused to go with him to Camp Yainax,
Sconchin's home, to meet the superintendent. Dur
ing the summer of 1871 he frequently visited the
reservation, defying the military authorities, and
boasting that in Yreka he had friends who gave him
10 W. V. Rhinehart, in Historical Correspondence, MS., agrees with Jack
about this. But Sconchin was never detected in illicit intercourse with the
v enemy.
MURDER BY CAPTAIN JACK. 563
and his people passes to go where they pleased, which
boast he was able to confirm.11 At length Jack pre
cipitated the necessity of arresting him by going upon
the reservation and killing a 'doctor,' who, having failed
to save the lives of two persons in his family, was,
according to savage reasoning, guilty of their deaths.
It is doubtful if an Indian who had lived so much
among white people believed in the doctor's guilt;
but whether he really meant to avenge the death of
his relatives or to express his defiance of United
States authority, the effect was the same. By the
terms of the treaty the government was bound
to defend the reservation Indians against their
enemies. Ivan D. Applegate, commissary at Camp
Yainax, made a requisition upon the commander at
Fort Klamath to arrest Jack for murder, the effort to
do so being rendered ineffectual by the interference of
Jack's white friends in Yreka.12
Lieutenant Goodale was relieved at Fort Klamath
in 1870, by Captain James Jackson, 1st United States
cavalry, with his company, B. Knapp had also been
relieved of the agency on the reservation by John
Meacham, brother of the superintendent, who on being
informed of the murder on the reserve instructed the
agent to make no arrests until a conference should
have been had with Jack and his lieutenants, at the
same time naming John Meacham and Ivan D. Apple-
gate as his representatives to confer with them.13
11 Says Jackson: ' He carries around with him letters from prominent citi
zens of Yreka, testifying to his good conduct and good faith with the whites.
Many of the settlers in the district where he roams are opposed to having him
molested.' Military Correspondence, MS., Aug. 29, 1871. This was true of
some of the settlers on the six-mile tract, who feared to be massacred should
his arrest be attempted. How well they understood the danger was soon
proved.
*12 The following is a copy of a paper carried around by Jack: ' Yreka,
June 26, 1871. Captain Jack has been to Yreka to know what the whites are
going to do with him for killing the doctor. The white people should not
mwldle with them in their laws among themselves, further than to persuade
them out of their foolish notions. White people are not mad at them for
executing their own laws, and should not be anywhere. Let them settle all
these matters among themselves, and then our people will be in no danger
from them. E. Steele.' Applegate's Modoc Hist., MS.
13 Lieut R. H. Anderson, in Military Correspondence^ MS., Aug. 4, 1871;
H. Com. Rept, 98, 257-67, 42d cong. '
564 THE MODOC WAR.
This desire having been communicated to Canby, he
directed Jackson to suspend any measures looking to
the arrest of Jack until the superintendent's order for
a conference had been carried out, but to hold his com
mand in readiness to act promptly for the protection
of the settlers in the vicinity should the conduct of
the Indians make it necessary. At the same time a
confidential order was issued to the commanding offi
cer at Vancouver to place in effective condition for
field service two companies of infantry at that post.1*
In compliance with the temporizing policy of the
superintendent, John Meacharn despatched Sconchin
with a letter to John Fairchild, living on the road
from Tule Lake to Yreka, a frontiersman well known
to and respected by the Indians, and who accompanied
Sconchin, and with him found Jack, who refused to
hold a conference with the agent and commissary, as
desired.
Among the settlers in the country desired by Jack
was Oregon's venerable pioneer, Jesse Applegate, re
siding as agent upon a tract claimed by Jesse D. Carr
of California, and lying partly in that state and partly
in Oregon. Of Applegate, Jack demanded pay for
occupation. On being refused, one of Jack's personal
guard, known as Black Jim, set out on a raid among
the settlers, at the head of fifteen or twenty warriors,
alarming the whole community, and causing them to
give notice at the agency. These things led to a fur
ther attempt to gain a conference with Jack, he being
given to understand that if he would consent he would
be safe from arrest, and allowed to remain for the
present in the Lost River country.
At length Jack signified his willingness to see the
commissioners, provided they would come to him at
Clear Lake, Applegate's residence, attended by no
more than four men, he promising to bring with him
the same number. Word was at once sent by Apple-
gate to Klamath, sixty miles, and the commissioners
14 Military Correspondence, MS., Aug. 6, 1871.
A CONFERENCE. 565
were informed. On arriving at the rendezvous, they
found, instead of four or five Modocs, twenty-nine,
in war-paint and feathers.
The conference was an awkward one, Black Jim
doing most of the talking for the Modocs. Jack was
sullen, but finally gave as a reason for not returning
to the reservation that he was afraid of the Klamatla
1 medicine/15 He also complained that the Klam-
aths exasperated him by assuming the ownership of
everything on the reserve, drew an effective picture of
the miseries of such a state of dependence, and denied
that his people had ever done anything to disturb the
settlers.16 When reminded that he had driven away
several families, and that those who remained were
assessed, he demanded to know who had informed
against him, but was not told.17 All through the in
terview Jack had the advantage. There were thirty
armed Modocs against half a dozen white men, who,
warned by Jack's sullen demeanor, dared not utter a
word that might be as fire to powder. He so far
unbent during the conversation as to promise not to
annoy the settlers, and not to resist the military, and
was given permission to remain where he was until
the superintendent could come to see them; and upon
this understanding John Meacham wrote to that
O
functionary that no danger was to be apprehended
from Jack's band. Yet the commissioners had hardlv
v>
set out on their return to Yainax when it was warmly
debated in the Modoc camp whether or not to com
mence hostilities at once by murdering Jesse Apple-
gate and the other settlers about Clear and Tule
lakes.18
15 1 am at a loss for a word to give as a synonym for 'medicine' as here
used. It might be the 'evil-eye' of the ancients.
16 H. F. Miller was at that time paying them an assessment. This man
said to a neighbor: 'I favor the Modocs because lam obliged to do it. If
they go to war they will not kill me, because I use them so well.' Applegnte's
Modoc Hint. , MS. Mark the sequel.
17 John Meacham, in J Historical Correspondence, MS., Aug. 21, 1871.
18This was afterward confessed by the Modocs to their captors. Appleyate's
Modoc Hist., MS.
566 THE MODOC WAR.
Agent Meacham's report of security for the present
was communicated by the superintendent to Canby,
who in turn reported it to the division commander at
San Francisco, and the matter rested. Major Luding-
ton, military inspector, who made a tour of the sta
tions on the border of California and Oregon, passing
through camps Bid well, Warner, and Harney, also
reported the people on the whole route free from any
fear of Indians, and that the rumors of alarm arose
solely from petty annoyances to individuals from Ind
ians visiting the settlements.19 Fort Klamath was
not visited by the inspector, and the report of the
Indian agent misled the military department.
But the settlers in the Tule and Clear Lake district
did not feel the same security. On the contrary, in
November 1871 they petitioned the superintendent
and Canby to remove the Modocs to their reserva
tion, saying that their conduct was such that they
dared not allow their families to remain in the coun
try.20 Their petition remained in the superintend
ent's hands for two months before it was submitted to
Canby, with the request that Jack's band be removed
to Camp Yainax, and suggesting that not less than
fifty troops be sent to perform this duty, and that
Commissary Applegate accompany the expedition, if
not objected to by Captain Jackson.
Canby replied that he had considered the Modoc
question temporarily settled by the permission given
them by the commissioners to remain where they were
until they had been notified of the determination of
the government in regard to the six miles square
recommended by him to be given them for a separate
reserve, and that it would be impolitic to send a mili
tary force against them before that decision, or before
19 Military Correspondence, Sept. 2, 1871. Capt. Jackson also wrote, 'I
ha.ve no doubt that they are insolent beggars, but so far as I can ascertain no
one has been robbed, or seriously threatened.' //. Ex. Doc., i. pt ii., 115, 41st
cong. 2d sess.
2uSee letter of Jesse Applegate to Supt Meacham, Feb. 1, 1872, in H. Ex.
Doc., 122, 13, 43d cong. 1st sess. ; Military Correspondence, MS., Jan. 29. 1872;
Jacksonville Democrat, March 1, 1873.
COMPLAINTS OF SETTLERS. 567
they had been notified of the point to which they
were to be removed; but that in the mean time Jack
son would be directed to take measures to protect the
settlers, or to aid in the removal of the Modocs should
force be required.21
Alarmed by the delay in arresting Jack, a petition
was forwarded to Governor Grover, requesting him
to urge the superintendent to remove the Modocs, or
authorize the organization of a company of mounted
militia to be raised in the settlements for three months'
service, unless sooner discharged by the governor.
In this petition they reiterated their former com
plaint, that they had been harassed for four years by
about 250 of these Indians, 80 of whom were fight
ing men. These latter were insolent and menacing,
insulting their families, drawing arms upon citizens,
and in one case firing at a house. They complained
that the superintendent had turned a deaf ear, and
unless the governor could help them there was no
further authority to which they could appeal. Being
scattered over a large area, it was to be feared that
in case of an outbreak the loss of life would be heavy.22
Grover succeeded in procuring an order that Major
Otis, with a detachment of 50 cavalry and their offi
cers, should establish a temporary camp in Lost River
district; but Canby refused to take any more active
measures before the answer to the recommendation of
the superintendent, with regard to a reservation in
that country, should arrive from Washington.
Early in April Meacham was relieved of the super-
intendency, and T. B. Odeneal appointed in his place.
One of his first acts was to take council of Otis in
regard to the propriety of permitting Jack and his
followers to remain any longer where they were,
21 See correspondence in T. B. Od'neal'x Modoc War; Statement of its Origin
and Cawtes, etc. ; Portland, 1873. This pamphlet was prepared by request of
H. W. Scott, C. P. Crandall, B. Goldsmith, and Alex. P. Ankeney, of Port
land, to correct erroneous impressions occasioned by irresponsible statements,
and is made up chiefly of official documents.
32 Military Correspondence, MS., Jan. 29 aud Feb. 19, 1872.
568 THE MODOC WAR.
when Otis made a formal recommendation in writing
that the permission given by Meacham should be
withdrawn, and they directed to go upon the reser
vation, the order not to be given before September;
that in case of their refusal the military could put
them upon it in winter, which was the most favorable
season for the undertaking. Otis further recom
mended placing Jack and Black Jim on the Siletz
reservation, or any other place of banishment from
their people, giving it as his opinion that there would
be no peace while they were at liberty to roam, with
out a considerable military force to compel his good
behavior. In order to make room for the Modocs,
and leave them no cause of complaint, he proposed the
removal of Otsehoe's band of Shoshones, together with
Wewawewa's and some others, to a reservation in the
Malheur country.23 The same recommendation was
made to Canby on the 15th of April.
While these matters were under discussion, the
long-delayed order arrived from the commissioner of
Indian affairs at Washington to remove the Modocs,
if practicable, to the reservation already set apart for
them by the treaty of 1864, and to see that they were
protected from the aggressions of the Klamaths.
Could this not be done, or if the superintendent
should be unable to keep them on the reserve, he was
to report his views of locating them at some other
point which he should select.
Odeneal wrote to the new agent at Klamath, L. S.
Dyar,24 and to Commissary Applegate to seek an
23 'I make the above recommendations,' he said, 'after commanding the
military districts of Nevada, Owyhee, and the districts of the lakes,' succes
sively since December 1867. OdeneaVs Modoc War, 22.
21 Dyar was the fourth agent in three years. Lindsey Applegate was in
cumbent from 1864 to 1869, when Knapp was substituted to secure the fair
treatment of the Indians, which it was then supposed only military officers
could give. But Captain Knapp was more complained of than Applegate,
because he endeavored to get some service out of the Modocs in their own
behalf. John Meacham was then placed in office for one year, when J. 11.
High, former agent at Fort Hall, supplanted him. Klamath agency being
under assignment to the methodist church for religious teaching, L. 8. Dyar
was appointed through this influence. All of these men treated the Indians
well.
FUTILE NEGOTIATIONS. 569
interview with Jack, and endeavor to persuade him
to go to live on the reservation. Major Otis had
previously made an attempt, through his Indian scouts,
to have a conference, but had been repulsed in a
haughty manner. However, after much negotiation
it had been agreed that a meeting should take place
at Lost River gap between Otis, Agent High, Ivan
and Oliver Applegate, with three or four citizens as
witnesses, and three or four Klamath scouts on one
side, and Jack with half a dozen of his own men on
the other. But according to his former tactics, Jack
presented himself with thirty-nine fighting men, and
had Otis at his mercy.
The council at Lost River gap was productive of no
good results, Jack denying any complaints made by
the settlers, and one of the witnesses, Miller, testifying
that his conduct was peaceable, under the selfish and
mistaken belief that he was insuring his own immu
nity from harm.25 When Odeneal's order arrived for a
council with Jack, that he might be informed of the
decision of the commissioner of Indian affairs, Scon-
chin was employed to act as messenger to arrange for
a meeting at Linkville; but Jack returned for answer
that any one desiring to see him would find him in
his own country. After considerable effort, a meeting
was arranged to take place at the military encamp
ment at Juniper Springs, on Lost River. Agents
Dyar arid Applegate, attended by some of Sconchin's
head men, met Jack and his warriors on the 14th of
May, when every argument and persuasion was used
to influence him to conform to the treaty, but without
success. His unalterable reply was that he should
stay where he was, and would not molest settlers if
they did not locate on the west side of Lost River,
near the mouth, where he had his winter camp. The
settlers, he said, were always lying about him and
25 It is said that Miller went to Fairchilds and complained bitterly of the
position in which Otis' questions before the Indians had placed him. He
admitted that he had not told the truth, but declared that he dared not say
otherwise. Sisldyou County A fairs, MS., 53.
570 THE MODOC WAR.
making trouble, but his people were good people, and
would not frighten anybody. He desired only peace,
and was governed by the advice of the people of
Yreka, who knew and understood him.26 The old
chief Sconchin then made a strong appeal to Jack to
accept the benefits of the treaty, and pointed out the
danger of resistance, but in vain.
The commissioners reported accordingly, and also
that in casting about for some locality where Jack's
band might be placed, apart from the Klamaths,
no land had been found unoccupied so good for the
purpose as that upon the reservation. Camp Yainax
was, in fact, nearly as far from the Klamath agency
as the Lost River country. Nothing now remained
but to prepare to bring the Modocs on to the reser
vation. Odeneal gave it as his opinion that the lead
ing men among them should be arrested and banished
to some distant place until they should agree to abide
by the laws, while the remainder should be removed
to Yainax, suggesting the last of September as a
proper time for carrying out this purpose; and the
commissioner issued the order to remove them, "peace
ably if you can, forcibly if you must."
In May, the Modocs having broken camp and begun
their summer roaming, Otis reported his station on
Lost River unnecessary, and the troops were with
drawn about the 1st of June. No sooner, however,
were the troops back at Fort Klamath than Jack ap
peared at the camp of Sconchin's people, away from
Yainax on their summer furlough, with forty armed
26 Who besides E. Steele Jack referred to is not known. Sfceele admits
giving advice to Jack and his followers. ' My advice to them was, and always
has been, to return to the reservation, and further, that the officers would
compel them to go. They replied that they would not go, and asked why the
treaty that I had made with them when I was superintendent of northern
California — they supposing that our state line included their village at the
fishery — was not good. . .1 told them they had made a new treaty with the
Oregon agency since mine, and sold their lands, and that had done away with
the first one. Jack said he did not agree to it. . .1 have written several letters
for him to the settlers, in which I stated his words to them,' etc. These ex
tracts are from a manuscript defence of his actions, written by Steele to his
brother at Olympia, in my possession, entitled Steele's Modoc Question, MS.
STEELE'S PLANS. 571
warriors, conducting himself in such a manner as to
frio-hten them back to the agency. The citizens were
hardly less alarmed, and talked once more of organiz-
ino- a militia company. The usual correspondence
foflowed between the Indian and military departments,
and the settlers were once more assured that their
safety would be looked after.27
While the Modoc question was in this critical stage,
influences unknown to the department were at work
confirming Jack in his defiant course, arising from,
nothing less than a scheme, proposed by Steele of
Yreka, to secure from the government a grant of the
land desired by him, on condition that he and his peo
ple should abandon their tribal relation, pay taxes, and
improve the land, which they promised to do.28 But
no one knew better than Steele that to leave the Mo-
docs in the midst of the white settlements would be
injurious to both races, and most of all to the Indians
themselves, who instead of acquiring the better part
of civilization were sure to take to themselves only the
worse; and that the better class of white people must
object to the contiguity of a small special reserve m
their midst. Not so did the Modocs themselves rea
son about the matter. Steele, because they could
approach him with their troubles, and because he sim
ply told them to go and behave themselves, without
seeing that they did so, was the white chief after their
own mind, and his word was law, even against the
power with which they had made a treaty. They
were proud of his friendship, which gave them im
portance in their own eyes, and which blinded them
to their inevitable doom. So said the settlers, with
whom I cannot always fully agree.
* Military Correspondence, MS., June 10, 15, and 20, 1872; OdeneaVs Mo-
d°C™ Steele1™ threatened with prosecution by Odeneal, and in the defence
before referred to, after explaining his acts, says: 'At this last interview with
Capt. Jack I again tried to persuade him to go upon the reservation, but I
must confess that it was as much to avoid the trouble and expense that would
fall upon me in getting the land grant through for them as from any other
motive.' Modoc Question, MS., 25.
572 THE MODOC WAR.
It now being definitely settled that Jack's band
must go upon the reservation to reside before winter,
Odeneal repaired to the Klamath agency November
25th, sending a special messenger, James Brown of
Salem, and Ivan Applegate to Lost River to invite
them to meet him at Linkville, and to promise them
the kindest treatment if they would consent to go
to Yainax, where ample provision had been made for
their support. If they would not consent, he required
them to meet him at Linkville on the 27th for a final
understanding.
To the military authorities a communication was
addressed requiring them to assist in carrying out the
instructions of the commissioner of Indian affairs by
compelling, if necessary, the obedience of the Modocs
to recognized authority, and they had signified their
readiness to perform this duty.29 On the 27th Ode
neal and Dyar repaired to Linkville to meet the Mo-
docs, according to appointment, but found there only
the messengers, by whom they were apprised of Jack's
refusal either to go upon the reservation or to meet
the superintendent at that place. " Say to the super
intendent," returned Jack, "that we do not wish to
see him or talk writh him. We do not want any white
man to tell us what to do. Our friends and counsel
lors are men in Yreka, California. They tell us to
stay where we are, and we intend to do it, and will
not go upon the reservation. I am tired of being
talked to, and am done talking." One of Jack's lieu
tenants, commonly known as Scarface Charley, from
a disfigurement, would have taken the lives of the
messengers upon the spot, but was restrained by Jack,
who preferred waiting until the superintendent was in
his power.30
29 Odeneal's Modoc War, 33. Capt. Jackson had been superseded in the
command at Fort Klamath by Maj. G. G. Hunt, who in turn was relieved
July 17th by Maj. John Green. Major Otis had also been relieved of the
command of the district of the lakes by Colonel Frank Wheaton, 21st inf.
30 This was revealed by friendly Indians present at the conference. It is
found in Dyar's statement.
FORCE TO BE USED, 573
Being now assured that nothing short of an armed
force could bring the Modocs to submission, Odeneal
sent word to Colonel Green, in command at Fort
Klamath, that military aid would be required in ar
resting Captain Jack, Black Jim, and Scarface, who
should be held subject to his orders.
It had never been contemplated by the superintend
ent or by Canby that any number of troops under
fifty should attempt to take Jack and his warriors.
In view of this necessity, Canby had issued a special
order early in September giving Wheaton control of
the troops at Klamath, that in an emergency of this
kind he might have a sufficient force to make the
movement successful, and Wheaton had directed
Green to keep him fully advised by courier of the
attitude of the Modocs. But now occurred a fatal
error. Ivan Applegate, who carried Odeneal's requi
sition to the fort, supposed that there was a sufficient
force of cavalry at the post to arrest half a dozen Ind
ians,31 however brave or desperate, and gave it as his
opinion that no serious resistance would be made to
the troops. Oderieal, in his letter to Green, said: "I
transfer the whole matter to your department, with
out assuming to dictate the course you shall pursue
in executing the order." Green, who was of Apple-
gate's opinion that the Modocs would yield at the ap-
Searance of his cavalry, and thinking it better to take
ack and his confederates before they were reenforced,
immediately sent off Captain Jackson with thirty-six
men to execute the order.32
The troops left Fort Klamath at noon on the 28th,
31 The order to arrest did not include more. Jack was believed to have
about 60 fighting men, and that about half that number were at his camp.
32 When the mistake had been made, there was the usual quarrel between
the military and Indian departments as to which had been in the wrong.
Gen. Canby exonerated Odeneal by saying: 'The time and manner of apply
ing force rested in the discretion of the military commander. ' It is easy to
see that Green might have been misled by Applegate's report that Jack had
only about half his warriors with him, but he must have known that he was
not carrying out the intentions of the commanding general- of the department.
I myself think that he wished to show how easy a thing it was to dispose of
the Modoc question when it came into the proper hands.
574 THE MODOC WAR.
officered by Captain Jackson, Lieutenant Boutelle,
and Dr McEldery. Odeneal had sent Brown, his
special messenger, to notify the settlers who were
likely to be endangered in case of an engagement with
the Modocs. How imperfectly this was done the
sequel proved.33 The superintendent met Jackson on
the road about one o'clock on the morning of the 29th,
directing him to say to Jack and his followers that he
had not come to fight, but to escort them to Yainax,
and not to fire a gun except in self-defence.
A heavy rain was falling, through which the troops
moved on, guided by Ivan Applegate, until daybreak,
when, arriving near Jack's camp, they formed in line,
and advancing rapidly, halted upon the outskirts,
calling to the Modocs to surrender, Applegate acting
as interpreter. The Indians were evidently surprised
and wavering, a part of them seeming willing to obey,
but Scarface and Black Jim, with some others, re
tained their arms, making hostile demonstrations dur
ing a parley lasting three quarters of an hour. Seeing
that the leaders grew more instead of less defiant,
Jackson ordered Lieutenant Boutelle to take some
men from the line and arrest them. As they ad
vanced, Scarface fired at Boutelle,34 missing him. A
volley from both sides followed. Almost at the first
fire one cavalryman was killed and seven wounded.
The balls from the troops mowed down fifteen Indians.
Up to the time that firing commenced, Jack had
remained silent and sullen in his tent, refusing to take
any part in the proceedings, but on the opening of hos
tilities he came forth and led the retreat of his people,
now numbering twice as many as on the visit of Brown
and Applegate. In this retreat the women and chil
dren were left behind. It was now that the rashness
of Colonel Green became apparent. Jackson's force,
33 Brown afterward said he knew nothing of any settlers below Crawley's
farm, and that the men he notified said nothing about any. OdeneaUs Modoc
War, 39. The truth was that none comprehended the danger.
3J Oregonian, Dec. 12, 1872; Yreka Journal, Jan. 1, 1873; Red Bluff Sen
tinel, Dec. 7, 1872.
BEGINNING OF HOSTILITIES. 575
already too light, was lessened by the loss of eight
men, whom he dared not leave in camp lest the Indian
women should murder and mutilate them, and he was
therefore unable to pursue. Leaving a light skirmish
line with Boutelle, he was forced to employ the re
mainder of the troops in conveying the wounded and
dead to the east side of the river in canoes, and thence
half a mile to the cabin of Dennis Crawley, after
which he returned and destroyed the Indian carnp.
In the mean time a citizens' company, consisting of
O. C. Applegate, James Brown, J. Burnett, D. Craw-
ley, E. Monroe, Caldwell, and Thurber, who had gath
ered at Crawley 's to await the result of the attempted
arrest, attacked a smaller camp on the east side, and
lost one man, Thurber. They retired to the farm and
kept up firing at long range to prevent the Indians
crossing the river and attacking Jackson's command
on the flank and rear. While this was going on, two
men fled wounded to Crawley's, one of whom, William
Nus, soon died. At this intimation that the settlers
below were uninformed of their danger, Ivan Apple-
gate, Brown, Burnett, and other citizens went in
various directions to warn them, leaving but a small
force at Crawley's to guard the wounded. During
their absence Jackson was called upon to protect this
place from the hostilities of Hooker Jim and Curly-
headed Doctor, two of Jack's head men not before
mentioned. As there was no ford nearer than eight
miles, the troops spent two or three hours getting to
Crawley's, where they encamped, and beheld in the
distance the smoke of burning hay-ricks.35
On the morning of the 30th, Captain Jackson hav
ing heard that a family named Boddy resided three
and a half miles below Crawley's, who had not been
warned, despatched a detachment with a guide to
ascertain their fate. Finding the family absent, and
the premises undisturbed, the troops returned with
this report, the guide Crawley coming to the conclu-
85 S. F. Alta, Dec. 12, 1872; Oregon Herald, Dec. 14, 1872.
576 THE MODOC WAR.
sion that they had fled south, warning others on the
way. But in this he was mistaken, four out of a
family of six at this place having been killed, and two
having escaped.36
It was afterward ascertained that no more persons
were killed on the 29th; but on the following day a
number of men about Tule Lake were slain, among
them their good friend Miller.37 Living within sev
enty-five yards of Miller's house was the Brotherton
family, three men of which were killed. That the
remainder were saved, was due to the courage of Mrs
Brotherton, who defended her home for three days
before relief arrived.38 The victims in this collision
86 The men, William Boddy, Nicholas Schira, his son-in-law, and two step
sons, William and Richard Cravigan, were killed while about their farm work.
Mrs Schira, seeing the team-horses coming home without a driver, ran to
them and found the lines bloody. She put the horses in the stable, and with
her mother walked along the road to rind her husband. About half a mile
from the house he was found lying on the ground, shot through the head.
Remembering her brothers, she left her mother with the dead and ran on alone
to find them. On the way she passed Hooker Jim, Curly-headed Doctor,
Long Jirn, One-eyed Mose, Rock Dave, and Humpy Jerry, all well-known
members of Jack's band, who did not offer to intercept her. After finding the
body of one brother, Mrs Schira returned to her mother, and together they
fled over a timbered ridge toward Oawley's, but while on the crest, seeing a
number of persons about the house, mistook them for Indians, and turned
toward the highest hills in the direction of Linkville, which were then covered
with snow. After wandering until the middle of the 2d day without food or
fire, they were met and conducted to the bridge on Lost River, from which
place they were taken to Linkville. On the 2d of Dec. Mrs Schira returned
with a wagon to look for her dead, but found that Boutelle had gone on the
same errand. The Boddy family were from Australia, and were industrious,
worthy people. Jacksonville Sentinel, Dec. 1872.
37 In the Yreka Journal of Dec. 4, 1872, is the following: 'In the massacre
of settlers that followed the attack on the Modocs, the Indians killed none but
those who were foremost in trying to force them on the reservation.' On the
contrary, it is remarkable that not one of those killed were signers of the
petitions for their removal, lists of which have been published in documents
here quoted. These persons were afraid to petition for Jack's removal.
38 Seeing some Indians approaching who had her husband's horses, Mrs
Brotherton took the alarm. Three Indians surrounded the house of John
Shroeder, a neighbor, and shot him while he was trying to escape on horse
back. Joseph Brotherton, a boy of 15 years, was in company with this man,
but being on foot, the Indians gave no attention to him while in pursuit of the
mounted man. Mrs Brotherton, seeing her son running toward the house,
went out to meet him with a revolver. Her younger son called her back and
ran after her, but she ordered him to return to the house and get a Henry rifle,
telling him to elevate the sight for 800 yards and fire at the Indians. He
obeyed, his still younger sister wiping and handling the cartridges. Under
cover of the rifle the mother and son reached the house in safety, which was
fastened, barricaded, and converted into a fortress by making loop-holes. The
Indians retired during the night, but guard was maintained. Ona Indian was
THE WAR BEGUN. 577
between Jack and the troops counted eighteen white
men and about the same number of Indians.39
War was now fairly inaugurated. Jack had thrown
down the gauntlet to the United States, and Crawley's
cabin in the midst of the grassy meadows of Lost River
had become the headquarters of a so far defeated and
humiliated military force. The distance from Craw-
ley's to Fort Klarnath was sixty miles, to the agency
fifty-five, to Camp Yainax about the same, to Link-
ville twenty-three miles, to Ashland, in the Rogue
River Valley, eighty-eight miles, to Camp Warner
about the same distance, and to Yreka farther.
There were no railroads or telegraph lines in all the
country, and a chain of mountains lay between the
camp and the post-road to army headquarters. That
was the situation.
As soon as news of the fight reached the agency,
Dyar raised a company of thirty-six Klamaths, whom
he placed under D. J. Ferree, and sent to reenforce
Jackson. O. C. Applegate hastened to Yainax to
learn the temper of Sconchin's band of Modocs, and
finding them friendly, organized and armed a guard of
fifteen to prevent a raid on the camp, and taking with
him nine others, part Modocs and part Klamaths>
crossed the Sprague River mountains into Langell
Valley, and proceeded thence to Clear Lake, to ascer
tain the condition of his uncle, Jesse Applegate,
Arriving December 2d, he found his brother Ivan
had been there with a party of six citizens and five
cavalrymen. The troops being left to guard the
family at Clear Lake, the citizens set out upon a search
for the bodies of the killed, and O. C. Applegate with
his company of Indians, himself in disguise, imme-
killed and one wounded in the defence. On the third day Ivan Applegate came
that way and took the family to Crawley's. Ore<joniany Dec. 9, 1872. Besides
those mentioned, the persons killed were John Shroeder, Sover, a herdsman,
Adam Shillingbow, Christopher Erasmus, Collins, and two travellers, in all
15 men and boys, besides Nus, Thurman, and the cavalryman.
39 S. F. Call, Dec. 2, 6, 8, 1872; S. F. Bulletin, Dec. 2, 3, 12, 27, 1872: S.
F. Post, Dec. 6, 1872; Sac. Union, Dec. 13, 19, 1872.
HIST. OB., VOL. II. 37
578 THE MODOC WAR.
diately joined in the search. While at Brotherton's
they had a skirmish with Scarface's party of Modocs.
Fortifying themselves in a stable, one of the friendly
Modocs was sent to hold a parley with Scarface, and
to spy upon him, which he did by affecting to sym
pathize with his cause. He escaped back by pre
tending that he went to bring in other sympathizers
from the reservation, but instead revealed the plan of
the enemy, which was to finish the work of murder
and pillage on that day. Jack and eighteen warriors
were to proceed down the west side of Lost River to
the Stone Ford, and join Scarface. When they had
killed the men who were searching for the dead, they
would return and attack Jackson; but Applegate's
party prevented the junction. Ferrer's company of
Klamaths had also been on a scout down the west
side of the river, under Blow, one of the head men on
the reservation, which being observed by Jack, re
strained his operations on that side. They could not
now attack without exposing themselves to the fire
of two camps a short distance apart, and retired to
the lava-beds.
Entering lower Klamath Lake from the south was
a small stream forking toward the west, the southern
branch being known as Cottonwood Creek, and the
western one as Willow Creek. On the first was a
farm belonging to Van Bremer, and on the other the
farm of John A. Fairchilds. On Hot Creek, a stream
coming into the lake on the west side, lived P. A.
Dorris. Between Dorris' and Fairchild's places was
an encampment of forty-five Indians called Hot Creeks,
a branch of the Modocs, a squalid company, but who
if they joined Jack's forces might become dangerous;
and these it was determined to bring upon the reser
vation. Being a good deal frightened by what they
knew of the late events, they yielded to argument, and
set out for their new home under the conduct of Fair-
child, Dorris, and Samuel Culver.
UNFORTUNATE RUMORS. 579
Dyar had been notified to meet them at Linkville,
where the Indians would be turned over to him. But
now happened one of those complications liable to arise
under circumstances of so much excitement, when
every one desired to be of service to the common cause
without knowing in the least what to do. The same
thought had occurred to William J. Small, residing
three miles below Whittle's ferry on Klamath River,
who organized a party among his neighbors and set
out for Hot Creek with the purpose of removing these
Indians to the reservation. Knowing that they were
liable to fall in with the hostile Modocs, they went
well armed. At Whittle's the two parties met, and the
conductors of the Indians, being suspicious of the in
tentions of Small's men, opposed their visiting the
Indian encampment, on which Small and his men re
turned home.
In the interim four citizens of Linkville, all good
men, hearing of Small's enterprise, and anxious for
its success, started to reenforce him. On the way a
drunken German named Fritz attached himself to the
party, and talked noisily of avenging the death of his
friend William Nus. From this man's gabble the re
port spread that the Linkville men contemplated the
massacre of the Hot Creek Indians. Alarmed by
this rumor, Isaac Harris and Zenas Howard hastened
by a shorter route to the ferry to warn Fairchild, so
that when the Linkville men arrived they found them
selves confronted by the escort of the Indians with
arms in their hands. An explanation ensued, when
the Linkville party turned off to Small's place. Fritz,
however, remained at the ferry and contrived to alarm
the Indians by his drunken utterances.
When Dyar reached Linkville he too heard the
rumor afloat, and hastened on to the ferry, although it
was already night, intending to thwart any evil intent
by moving the Indians past Linkville before daylight.
Fairchild agreed to the proposition, and hastened to
inform the Indians and explain the cause. An ar-
580 THE MODOC WAR.
rangement had been entered into with Small's party
to escort them, and the Indians readily consented,
saddling their ponies, and the foremost accompanying
Dyar to the ferry. Here they waited for some time
for the remainder to follow, when it was discovered
that they had fled back to their native rocks and sage
brush. The few with Dyar soon followed, and thus
ended a laudable attempt to lessen the hostile force
by placing this band peaceably on the reserve.
In a day or two these Indians were employed
making arrows and bullets, in the midst of which a
wagon arrived from the Klamath agency, and another
attempt was made to remove the Hot Creek Indians
to the reservation, but they disappeared in a night,
taking with them not only their own horses and pro
visions, but those of their friend Fairchild.
After the failure of the attempt to remove the Hot
Creek band, an effort was made by Fairchild, Dorris,
Beswick, and Ball, all personally well known to the
Modocs, to persuade Jack to surrender and prevent
the impending war. They found him in the juniper
ridge between Lost River and the lava-beds south of
Tule Lake; but although he refrained from any act of
hostility towards them, he rejected all overtures with
impatience, and declared his desire to fight. In this
interview Jack denied all responsibility of the affair of
the 29th, saying that the troops fired first; and further,
placed all the guilt of the murders of innocent settlers
upon Long Jirn, although Scarface, Black Jim, and
himself had been recognized among the murderers.40
The effect of Fairchild's visit was to give Jack an
opportunity to gain over the Hot Creek head men who
40 This moral obliquity of Jack's makes it impossible to heroize him, not
withstanding I recognize something grand in his desperate obstinacy. On his
trial he said, referring to this occasion: 'I did not think of fighting. John
Fairchild came to my tent and asked me if I wanted to fight. I told him,
"No, I was done fighting.'" Scarface admitted at his trial that he killed one
of the settlers, and Jack was with him. But it is observable all through the
history of the war that Jack denied his crimes, and endeavored to fasten the
responsibility upon others, even upon his own friends. He was the prince of
liars.
MILITARY MOVEMENTS. 581
accompanied him. It also convinced the military that
no terms would be accepted by the Modocs except
such as they were able to enforce. All the families
in this region were immediately sent to Yreka, and
men in isolated places surrounded themselves with
stockades.
The courier of Colonel Green found the commander
of the district of the lakes confined to his bed with
quinsy. He trusted there would be no serious diffi
culty, but advised Green to use all the force at his
command, and sent him Captain Perry's troop F, of
the 1st cavalry, and also a small detachment from
Fort Bidwell under Lieutenant J. G. Kyle, which he
said would give him a force of seventy-five cavalry
men in addition to Jackson's company, or a hundred
and fifty completely equipped troops.41 Before Whea-
ton's order reached Fort Klarnath the mischief had
been consummated. On news of the disaster being
received at Camp Warner, Perry's troops set out by
way of Yainax, to join Jackson, and Captain R. F.
Bernard was ordered from Bidwell by the southern
immigrant road to the same destination. They were
directed to make forced marches, the supply-trains to
follow. But the condition of the roads made travel
ling slow, and a week had elapsed after Jackson's fight
before he was reenforced.
In order to protect the roads between the settle
ments, and to keep open the route to Yreka, Bernard's
troops were stationed at Louis Land's place on the
east shore of Tule Lake, on the borders of that vol
canic region popularly known as the lava-beds, in
whose rocky caves and canons Jack had taken refuge
with his followers. From Bernard's camp to Jack's
stronghold, as reported by the scouts, was a distance
of thirteen miles, or two miles from the western
41 H. Ex. Doc. , 122, 40, 43d cong. 1st sess. This remark of Whea ton's shows
that he, as well as Odeneal and Applegate, thought there must be at Klamath
from 60 to 75 cavalrymen — twice as many were sent to arrest the Modocs.
582 THE MODOC WAR.
border of the lava-fields. The trail thence was over
and among rocks of every conceivable size, from a pebble
to a cathedral. The opportunity afforded for conceal
ment, and the danger of intrusion, in such a region
was obvious.
At Van Bremer's farm, distant twelve miles from
the stronghold on the west, was Perry's command,
while Jackson remained at Crawley's, where Green
had his headquarters. As fast as transportation could
be procured, the material of war was being concen
trated at this point. General Canby, on receiving in
formation of the affair of the 29th, at once despatched
General E. C. Mason with a battalion of the 21st in
fantry, comprising parts of C and B companies, num
bering sixty-four men, to join Wheaton's forces. A
special train on the 3d of December conveyed Mason,
Captain George H. Burton, and lieutenants V. M.
C. Silva, W. H. Boyle, and H. De W. Moore to
Koseburg, then the terminus of the Oregon and
California railroad.42 The remainder of the march,
to Jacksonville and over the mountains through rain
and snow, occupied two weeks, making it the middle
of December before the infantry reached Crawley's.
It was not until about the same time that Wheaton
reached Green's headquarters, where he found the am
munition nearly exhausted by distribution among the
settlers, necessitating the sending of Bernard to Camp
Bidwell, ninety miles, with wagons, for a supply.
The governors of both California and Oregon had
been called upon by the people of their respective
states to furnish aid. Governor Booth of California
responded by sending to the frontier arms out of date,
and ammunition too large for the guns;43 Governor
Grover forwarded a better equipment. The Wash-
42 noyle's Personal Observations on the Conduct of the Modor. War, a manu
script of 46 pages, has been of great service to me in enabling me to give a con
nected account of that remarkable campaign. Boyle was post quartermaster.
He relates that the talk of the officers at Vancouver was that 'when (Jreen
goes after those Mocloca he will clean them out sooner than a man could say
Jack Robinson,' and that he thought so himself.
43 Yre lea Despatches, in Ortyonian, Dec. 21, 1872; S. F. Alia, Dec. 13, 1872.
PREPARATIONS. 583
ington Guards of Portland offered their services,
which were declined only because the militia general,
John E. Ross of Jacksonville, and captain O. C.
Applegate of Klainath, had tendered and already had
their companies accepted.44 Applegate's company was
made up of seventy men, nearly half of whom were
picked Klamaths, Modocs, Shoshones, and Pit River
Indians from the reservation. In the interval before
the first pitched battle they were occupied scout
ing, not only to prevent fresh outrages, but to
intercept any of Jack's messengers to Camp Yainax,
and prevent their drawing off any of the Sconchin
band, whom, although they declared their loyalty to be
unimpeachable, it was thought prudent to watch.
Another reason for surveillance was that Jack had
threatened Camp Yainax with destruction should
these Modocs refuse to join in the insurrection, and
they were exceedingly nervous, being unarmed, except
the guards. To protect them was not only a duty,
but sound policy.
In the mean time neither the troops nor the Ind
ians were idle. Perry was still at Van Bremer's, with
forty cavalrymen. Ross was near Whittle's ferry, at
Small's place. On the IGth of December detachments
from both companies made a reconnoissance of Jack's
position, approaching within half a mile of the strong
hold, and from their observations being led to believe
that it was possible so to surround Jack as to compel
his surrender, although one of his warriors shouted to
them defiantly as they turned back, " Come on ! Come
on!" This exploration revealed more perfectly the
difficult nature of the ground, broken by fissures,
some a hundred feet in depth arid as many in width;
and it revealed also that in certain places were level
flats of a few acres covered with grasses, and furnished
with water in abundance, where the Indian horses
grazed in security. Nothing could be better chosen
than the Modoc position; and should their ammuni-
"Oregonian, Dec. 3, 1872; Applegate's Modoc War, MS., 17.
584 THE MODOC WAR.
tion become exhaused, nothing was easier for them
than to steal out unobserved through the narrow
chasms, while watch was kept upon one of the many
lofty pinnacles of rock about them. But they were
not likely to be soon forced out by want, since they
had taken $700 in money at one place, and $3,000
worth of stores at another, besides a large amount of
ammunition and a few rifles, in addition to their own
stock on hand. Everything indicated that hard fight
ing would be required to dislodge the Modocs. An
other delay now ensued, caused by sending to Van
couver for two howitzers, to assist in driving them
out of their fastnesses.
Both the regular troops and militia were restive
under this detention. The 23d infantry had just
come from fighting Apaches in Arizona, and were
convinced that subduing a band of sixty, or at the
most eighty, Modocs would be a trifling matter if
once they could come at them; and the state troops,
having only enlisted for thirty days, saw the time
slipping away in which they had meant to distinguish
themselves. The weather had become very cold, and
the militia were ill supplied with blankets and certain
articles of commissariat. Another difficulty now pre
sented itself. They had enlisted to fight in Oregon,
whereas the retreat chosen by the enemy lay just over
the boundary in California; but General Wheaton
overcame this last, by ordering Ross to pursue and
fight the hostile Indians wherever they could be
found.45
Actual hostilities were inaugurated December 22d,
by Captain Jack attacking Bernard's wagon-train as
it was returning from Bidwell with a supply of ammu
nition, guarded by a small detachment. The attack
was made a mile from camp, on the east side of the
lake, by firing from an ambuscade, when one soldier
and six horses were killed at the first fire. Lieuten
ant Kyle, hearing the noise of shooting, hastened to
*> Boyle' 8 Conduct of the Modoc War, MS., 9.
READY TO FIGHT. 585
the rescue with nearly all the troops in reserve, but
ten having had time to mount, and in this unprepared
manner fought the Indians the remainder of the day.
In this skirmish the long range of the United States
arms seemed to surprise the Modocs, as it saved the
train. The Indians failed to capture the ammunition,
but lost their own horses, and four warriors killed and
wounded. A bugler whom they pursued escaped to
headquarters, when Jackson's troops were sent to
reenforce Bernard; but before his arrival the Modocs
had retreated.48 About the same time they showed
themselves on Lost River, opposite headquarters, in
viting the attack of the soldiery; and also near Van
Bremer's, where Perry and Ross were encamped to
gether.
On the 25th of December Wheaton ordered the
volunteers to the front, and word was sent to Langell
Valley, where five families still remained, to fortify.
Preferring to go to Linkville, they set out in wagons,
and were fired upon from an ambush near the springs
on Lost River, but were relieved and escorted to their
destination by a scouting party. A supply- train from
Klamath was also attacked, and a part of the escort
wounded, being relieved in the same manner by the
volunteers.
Colonel Green, who still retained the immediate
command of the troops, was now ordered to attack
the Indians whenever in his judgment sufficient mate
rial of war was on hand. "With the howitzers and
one snow-storm I am ready to begin," had been his
asseveration. On the 5th of January another recon-
noissance was made, by Captain Kelly of Ross' bat
talion, with a detachment of twelve men, with the
object of finding a more practicable route than the
one in use from Van Bremer's, where Green had taken
up his headquarters, to the Modoc stronghold. On
*6 Kept of Gen. Wheaton, in H. Ex. Doc., 122, 48-9, 43d cong. 1st sess.;
Boyle's Conduct of the Modoc War, MS., 7-9; Jied Bluff Sentinel, Feb. 1,
1873.
686 THE MODOC WAR.
the way they had a skirmish with twenty of Jack's
people, who retreated toward camp, but being pursued,
dismounted and fortified. The firing brought a reen-
forcement from Jack's camp, when the volunteers
retreated to an open field, while the Indians, not car
ing to engage again, returned to the lava-beds. A
scout by Applegate with twenty men revealed the
fact that the high ridge between Van Bremer's and
the lava-field, known as Van Bremer's Hill, was used
as an observatory by the Modocs, who kept them
selves informed of every movement of the troops.
On the 12th of January an expedition consisting
of a detachment of thirteen men under Perry, a
handful of scouts under Donald McKay, and thirty
of Applegate's mixed company, the whole under Colo
nel Green, made a reconnoissance from headquar
ters to ascertain whether wagons could be taken to a
position in front of the Modoc stronghold. Green
was fired on from a rocky point of the high bluff on
the verge of and overlooking the lava-field. Perry
returned the fire, driving in the Modoc sentinels, and
shooting one of the Hot Creek Indians through the
shoulder. Applegate came up in time to observe
that the Modocs were dividing into small parties to
ascend the hill and get on the flank of the troops,
when he stretched a skirmish-line along the bluff
O
for a considerable distance to intercept them. Scar-
face, who was stationed on a high point in the lava-
bed, cried out in stentorian tones to his warriors, "Keep
back, keep back; I can see them in the rocks!"47
The Modoc guard then fell back half-way down the
hill, where they made a stand and defied the soldiers,
but made strong appeals to the Indian allies to for-
47 Applegate'1 s Modoc Hist., MS. Another instance of the wonderful voice-
power of Scarface is mentioned by a writer in the Portland Herald, and in
Early Affairs in Siski>iou County, MS. ' We distinctly heard, incredible as it
may seem, above the distant yells and cries of the camp below, three or four
miles away a big basso voice, that sounded like a trumpet, and that seemed
to give command. The big voice was understood and interpreted as saying:
" There are but few of them, and they are on foot. Get your horses ! Get
your horses 1 " '
HEAP BIG TALK. 587
sake the white men and join their own race to fight.
The leaders were very confident. Hooker Jim said
once he had been for peace, but now he was for war,
and if the soldiers wished to fight, they should have
the opportunity, while Jack and Black Jim challenged
the troops to come down where they were.
A medicine-woman also made an address to the
Klamath and Modoc scouts, saying that were all the
Indians acting in concert they would be few enough,
and entreating them to join Jack's force. Donald
McKay answered in the Cayuse tongue that their
hands were reddened with the blood of innocent
white people, for which they should surely be pun
ished, when Jack, losing patience, replied that he did
not want to fight Cayuses, but soldiers, and he invited
them to come and fight, and he would whip them all.
The Klamaths asked permission to reply, but Colonel
Green, thinking the communication unprofitable, for
bade it.48
It not being Green's intention to fight that day,
a retreat was ordered. To this the Klamaths were
opposed, saying he had the advantage of position, and
could easily do some execution on the Modocs. As
Green withdrew, the Modocs resumed their position
on the hill, and the Klamaths, being then on the crest
of the second hill, wished to open on them, but were
restrained.
There was much discussion about this time away
from the seat of war concerning the causes which led
to it,49 and much dissatisfaction was felt that nothing
had been done to restrain Jack's band, which still
48 It was certainly unsafe allowing the Indian allies to converse with the
hostile Modocs, who appealed to them so strongly for help. The regular offi
cers afterward entertained the belief that the Klamaths acted deceitfully,
and promised Jack help, in the Modoc tongue. But Applegate's confidence
was never shaken, and he trusted them in very great emergencies. Modoc
Hist., MS.
49 It was intimated in Cal. that speculation in Oregon had much to do
with it, to which a writer in the Oreyonian, Jan. 18, 1873, retorted that he
agreed with Gov. Booth in that respect, for citizens of Cal. had for years
encouraged the Modocs in refusing to go upon the reservation, for no other
reason than to secure their trade, etc. ; which the facts seem to show.
588 THE MODOC WAR.
made predatory excursions away from their strong
hold. It was now the middle of January. The set
tlers in Klamath Valley remained under cover. The
road from Tule Lake southward was closed. Fairchild
and Dorris had converted their homes into fortified
camps. There was much uneasiness in northern Cal
ifornia, and talk of forming companies of home-guards,
Dorris being selected to visit Booth to obtain aid.
But Booth had other advisers, and instead of furnish
ing arms, made a recommendation to the government
to set apart five thousand acres of land where Jack
desired it, as a reservation for his band, all of which
interference only complicated affairs, as will be seen.
On the 16th of January, everything being in readi
ness, and the weather foggy, which answered in place
of a snow-storm to conceal the movements of the
troops, the army marched upon Jack's stronghold.50
The regulars in the field numbered 225, and the vol
unteers about 150. In addition to the companies
already mentioned was one of twenty-four sharp
shooters under Fairchild. Miller of the Oregon mi
litia had been ordered to the front by Governor
Grover, but took no part in the action which followed.
At four o'clock in the morning Colonel Green, with
Perry's troops, moved up to the bluff on the south
west corner of Tule Lake to clear it of Modoc pickets,
and cover the movements of the main force to a camp
on the bluff three miles west of Jack's stronghold, so
located as to be out of sight of the enemy. By three
in the afternoon the whole force was in position, con
sisting of two companies of infantry under Captain
Burton and Lieutenant Moore, a detachment of
another company under Sergeant John McNamara,
50 Wheaton wrote to Canby on the loth that all things were in excellent
condition, the most perfect understanding prevailed of what was expected of
each division, and the troops were in the most exuberant spirits. 'If the
Modocs will only try to make good their boast to whip 1,000 soldiers, all will
be satisfied. Our scouts and friendly Indians insist that the Modocs will
fight us desperately, but I don't understand how they can think of attempt
ing any serious resistance, though of course we are prepared for their fight or
flight.' 11. Ex. Doc., 122, 49-50, 43d cong. 1st sess.
ATTACK ON THE LAVA-BEDS. 589
Ross' volunteers under Hugh Kelly and O. C. Apple-
gate; the howitzer battery under Lieutenant W. H.
Miller, and Fairchild's sharp-shooters ; all, but some of
the scouts, dismounted, furnished with a hundred
rounds of ammunition, with fifty in close reserve, and
cooked rations for three days. A line of pickets was
thrown out along the edge of the bluff and another
around the camp.
On the east side of the lake were Bernard's and
Jackson's companies, and twenty regularly enlisted
Klamath scouts under the chief David Hill, all com
manded by Bernard, who had been directed to move
up to a point two miles from the Modoc position, to
be in readiness to attack at sunrise; but proceeding in
ignorance of the ground, and contrary to the advice of
his guide, he came so near to the stronghold that he
was attacked, and compelled to retreat with four men
wounded,51 which unfortunate^rror greatly embarrassed
him next day.
As the troops looked down, on the morning of the
17th, from the high bluff, the fog which overhung the
lava-bed resembled a quiet sea. Down into it they
were to plunge and feel for the positions assigned
them. Mason with the infantry had his position at
the extreme left of the line, resting on the lake, with
Fairchild's sharp-shooters flanking him. On his right
were the howitzers, in the centre General Wheaton
and staff, and generals Miller and Ross of the militia;
on the right of these Kelly and Applegate wii.li their
companies, and on the extreme right Perry's troop,
dismounted.52
Descending the bluff by a narrow trail, surprised at
meeting no Modoc picket, the troops gained their po
sitions, in the order given, about seven in the morning.
It was the design to move the line out on the right
until it met Bernard's left in front of the Modoc posi-
51 Boyle's Conduct of the Modoc War, MS., 11.
52 Boyle places Perry in the centre, but he was not on the field, and Green
and Applegate were, whose reports I follow.
590 THE MODOC WAR.
tion, where three shots were to be fired by the howit
zers to announce a parley, and give Jack an opportu
nity to surrender.
But the accident of the previous afternoon having
put the Modocs on their guard, hardly had the line
formed wh^n the Indians opened fire, and instead of
surrounding them arid demanding their surrender, the
troops found that they must fight for every foot of
ground between them and the fortress. The fog, too,
now became an obstacle instead of an aid to success.
Unable to discern their course, the troops were com
pelled to scramble over and amongst the rocks as best
they could, at the risk any moment of falling into am
bush, making the movement on the right painfully
slow. Nevertheless it was steadily pushed forward,
all caution being used, the men often lying flat and
crawling over rocks within a few yards of the Indians,
who could be heard but not seen. The howitzers,
which had been relied upon to demoralize the Indians,
proved useless so long as the enemy's position was
concealed from view. The line, after advancing a
mile and a half, was halted and a few shells thrown,
causing the Indians some alarm, but through fear of
hitting Bernard's command the firino- was soon sus-
O O
pended. Again the line was pushed on another mile
and a half by a series of short charges, jumping
chasms and sounding the war-whoop.
About one o'clock the extreme right of the line,
which now enveloped the stronghold on the west and
south, was brought to a halt by a deep, wide gorge in
the lava, which could not be crossed without sacrifice
of life,53 as it was strongly guarded, and in close neigh
borhood to the main citadel. On consultation with
Wheaton and other officers, Green determined to move
the west line by the left and connect with Bernard by
the shore of the lake.
At this point some confusion occurred in the line.
63 The reader should not forget that Green intended to capture Jack with
out a serious fight, if possible.
PROGRESS OF THE FIGHT. 591
In the skirmishing and clambering among the rocks,
and the bewilderment of the fog, the volunteers had
changed places with Perry's troop, and were now on
the extreme right. They had, in fact, charged down
the ravine, and Applegate's company had gained a
position on the sage plain beyond where they lay con
cealed. Then came an order, "Look out for Bernard !"
and a volley which mowed down the sage over their
heads, so near were they to a junction with him.
While the volunteers were preparing to charge on the
stronghold the regular troops had begun to withdraw,
seeing which, they were for a time puzzled, until near-
ing the Modoc position, it was discovered that most
of the troops were passing to the left under the bluffs
on the west side of the lake; soon after which an or
der reached the volunteers to report to headquarters,
where they found a portion of Perry's troop and a re
serve of infantry under Lieutenant Ross.
Meanwhile Mason and Green were endeavoring to
make the junction by the left, the troops encountering
a destructive fire as they plunged into a ravine on the
shore of the lake nearly as dangerous to cross as that
on the route first pursued. By pushing forward the
sharp-shooters and a detachment of Burton's company
to cover the troops as they passed, the crossing was
effected. But as Wheaton afterwards said, "There
was nothing to fire at but a puff of smoke issuing from
cracks in the rock;" while the Modocs were stationed
at the most favorable points for picking off the men
as they hurried past, crawling over the sharp rocks
on their hands and feet, suffering terribly.
After Green had passed the first ravine, Bernard
was heard to say that he was within four or five hun
dred yards of the stronghold, and Green resolved if
possible to join him, and make a charge before dark.
But after sustaining a fire from the Modocs stationed
in the cliffs overhanging the lake shore until he had
almost made the junction, he found himself confronted
by another deep canon, so well defended that he was
592 THE MODOC WAR.
unable to effect a crossing, and was, besides, compelled
to defend himself from a flank movement by the Mo-
docs on his left. While in this discouraging position
the fog lifted, and a signal was received from Wheaton
to come into camp, established in a small cove on the
lake shore, if he thought best. But fearing to expose
his men a second time to the peril of passing the Mo-
doc position, Green declined, and when night had
fallen, commenced a march of fourteen miles, over a
trail fit only for a chamois to travel, passing the
dreaded ravine, carrying the wounded in blankets or
on the backs of ponies captured during the day. Their
sufferings were severe. One man, belonging to Fair-
child's company, rode the whole distance with his
thigh-bone broken and his leg dangling.54 When a
halt was called, the men fell asleep standing or riding.
Their clothing was in shreds from crawling among
the rocks; their shoes were worn off their feet. A
month in the field would not have brought them to
such a state. It was not until past noon of the 18th
that Green's command reached Bernard's camp on
the east side of the lake. After making arrangements
for the removal of the wounded to Fort Klamath,
seventy miles away, over a rough road, three miles of
which was over naked bowlders, Green and Mason,
with an escort of ten Indian scouts, returned to head
quarters that same night by the wagon-road around
the north side of the lake.
When the volunteer captains reported to Wheaton,
they were ordered to take their men to the lake for
water, and then to take up a position in the crags,
and extend a skirmish line to the left. While in this
position, the Modocs not being far off, Hooker Jim
was heard to call the attention of the other leaders
to the separation of the volunteers from the regular
troops, and that by moving around to the right of the
volunteers they could cut them off, and also cut off
"Boyle's Conduct of the Modoc War, MS., 18-19. This was Jerry Crook.
He died in February.
DEFEAT OF THE SOLDIERS. 593
communication between Wheaton's camp by the lake
arid his supplies on the hill, which were left in charge
of only ten men. Signal-fires were already springing
up in that direction.
This determined Wheaton to fall back to camp, and
he again signalled to Green his change of plan, author
izing him to withdraw to Bernard's camp, as just re
lated. At dark the retreat to camp began, Applegate
leading, the wounded in the centre, and Kelly's com
pany, with the detachment under Ross, skirmishing
in the rear. As the evening advanced the Modocs
withdrew, and the stumbling and exhausted men
reached camp a little before midnight.
The loss sustained in the reconnoissance of the 17th —
for it could hardly be called a battle — was nine killed
and thirty wounded.55 Among the latter were Cap
tain Perry and Lieutenant Kyle of the regular ser
vice, and Lieutenant George Roberts of the sharp
shooters. The dead were left upon the field, where if
life were not extinct the Modoc women soon despatched
them. The high spirits of the morning were sunken
in a lethargy of mingled sorrow and exhaustion at
ni^ht. Every officer who had taken part in the oper
ations of the 17th was surprised at the result of six
weeks' preparation for this event, and it became evi
dent that a much larger force would be required to
capture the Modocs in their stronghold — the strongest
natural position ever encountered by the army, if not,
indeed, the strongest possible to find on earth.56
The loss of life on the side- of the Modocs was not
thought to be great. The arms and ammunition cap
tured on the persons of the fallen soldiers made good
much of their loss in material. They were, in fact,
scouting within six miles of Lost River on the 19th,
Lieutenant Ream with twenty-five volunteers having
65 This is the official count. Applegate says the loss was 41, of whom 1-1
were killed. He may count some who did not die on the field, but lived. &
few days.
56 Kept of Gen. Wheaton, in //. Ex Doc., 122, 43d cong. 1st
HIST. OB., VOL. IT. 38
594 THE MODOC WAR.
encountered some of them as he was on his way to
Bernard's with the horses of Fairchild's company, and
Applegate was sent to guard the settlements.
The time for which the Jacksonville volunteers en
listed having expired, they were now anxious to return
to their homes and business, which had been hastily
left at the call of their fellow-citizens. Applegate, too,
fearing the effect of the late defeat on the reservation
Modocs, wished to return to camp Yainax. In con
sideration of these circumstances, Wheaton sent a de
spatch to Portland, by way of Yreka, asking Canby for
three hundred foot-troops and four mortars, and sug
gesting that the governor of California should be
called upon to send militia to guard that portion of
his state open to incursions from the Modocs. Canby
immediately responded by ordering two companies of
artillery and two of infantry to the seat of war, and
as the inhabitants of Surprise Valley apprehended an
uprising of the Shoshones on account of the Modoc
excitement, a company of cavalry was sent to their
defence, making the number of troops in the Modoc
region six hundred, exclusive of the garrisons at the
several posts in the district of the lakes. But even
with these, the country being in part inadequately
guarded, the general sent a recommendation to army
headquarters at Washington, that conditional author
ity should be given him to call upon the governors of
Oregon and California for two companies of volun
teers from each state.
On the 23d the encampment at Van Bremer's was
broken up, the troops and stores removed to Lost
River ford, and a permanent camp established, where
preparations were carried on for attacking Jack in his
stronghold, when two mortar-boats should have been
constructed, by which his position could be shelled
from the lake side — a plan which, if it had been put in
execution, would have ended the war.
But now again outside interference with the Modoc
A PEACE COMMISSION. 595
question was productive of the worst results.57 It hap
pened that E. L. Applegate, brother of O. C. and
Ivan Applegate, commissaries on the reservation, was
in Washington as a commissioner of immigration;
but the legislature of Oregon having failed to furnish
funds for his purposes, he was in need of some other
commission. Meacham, ex-superintendent of Indian
affairs, was also there, and these two men proposed to
the perplexed secretary of the interior a plan of settle
ment of the Modoc difficulty in harmony with his
prejudices.58 When the scheme was ripe, Attorney-
general Williams arranged an interview, and the thing
was accomplished. Other politicians made the appeal
in favor of a peace commission, and closed their argu
ment by recommending Meacham as a commissioner,
being a man "in whom they have great confidence"-
meaning the Modocs. All this seems very singular,
when it is remembered that Jack would have none of
Meacharn's advice when he was superintendent. It
was not less singular that E. L. Applegate should
have consented to act directly in opposition to the
opinions of his family, gained by a harassing experi
ence; but the fact remains that Meacham returned to
Oregon as chairman of a peace commission.59
On the 30th of January the secretary of war di
rected General Sherman to notify Canby that offens
ive operations against the Modocs should cease, and
the troops be used only to repel attacks and protect
the citizens. Wheaton was also relieved of his com
mand,60 which was assumed by Colonel Alvin C. Gillem
67 See remarks of N. T. Tribune, in S. F. Bulletin, Jan. 25, 1873, and Sac.
Union, Jan. 31, 1873.
58 See H. Ex. Doc., 122, 239-40, 43d cong. 1st sess.
59 The Washington correspondent of the S. F. Bulletin names the Orego-
nians in Washington who were the authors of the peace commission. They
were A. B. Meacham, E. L. Applegate, S. A. Clarke, D. P. Thompson, M.
P. Berry, R. H. Kincaid, Daniel Chaplin, and a 'few other Oregon gentle
men.' Jacob Stitzel should have been added. Meacham was the elector
chosen to carry the vote of Oregon to Washington on Grant's reelection, and
was in a position to have his requests granted.
60 There was a general protest against Wheaton 's removal, it being con
ceded, by those who knew the difficulties to be encountered, that he had done
as well as could be done with his force.
596 THE MODOC WAR.
of the 1st cavalry. Canby also felt that the new or
der of the war department implied censure of himself,
and wrote to Sherman that hostilities could not have
been avoided, as the Modocs were determined to re
sist; that he had taken care that they should not be
coerced until their claims had been decided upon by
the proper authorities; and that there would be no
peace on the frontier until they were subdued and
punished for their crimes. Sherman replied to Can-
by's protest: "Let all defensive measures proceed,
but order no attack on the Indians until the former
orders are modified or changed by the president, who
seems disposed to allow the peace men to try their
hands on Captain Jack."
The commissioners first named to serve with
Meacham were Superintendent Odeneal and Parson
Wilbur, agent at Simcoe reservation; but Meacham
refusing to serve with either, Jesse Applegate and
Samuel Case were substituted. Canby was advised
of the appointments, and also that the commissioners
were to meet and confer with him at Linkville on the
1 5th of February ; but the meeting did not take place
until the 18th, on account of Meacham's failure to
arrive.
In the interim Jack kept up the excitement by
attacks now and then on the troops, in which cases
they also fought vigorously. On the 25th of Janu
ary an attack was made on the rear-guard of the train
of Bernard, who was moving camp from the south-east
corner of Tule Lake to Clear Lake. They had cap
tured one wagon, when Bernard returned and fought
them, taking nearly all their horses, and depriving
them of the means of making forays through the sur
rounding country. In the various encounters, eight
Modocs had been killed and as many wounded.
Being shorn of a part of his strength, Jack resorted
to savage wiles, and allowed it to go out that he was
tired of war, keeping up a constant communication,
which the armistice permitted him to do, with his
INDIAN DIPLOMACY. 597
former friends, and even with the camp of Gillem,
through the visits to these places of the Modoc
women. They quickly came to understand that they
were to be visited by a peace commission; and not to
be behind the United States in humanity, they also
pretended to a peace party among themselves, and
even that Jack had been wounded by his own men
for not fighting on the 17th.
This familiar .phase of Indian diplomacy did not
deceive any one. Fairchild endeavored to gain an
interview, but was refused. After a quiet interval
of nearly a fortnight, some of their scouts again
ventured out as far as Crawley's house, which they
burned.
When the people whose relatives had been killed
in the massacre of the 29th and 30th of November
heard of the peace commission, they took steps to
have eight of Jack's band indicted before the grand
jury of Jackson county, in order to forestall the pos
sible action of the commissioners, and secure the pun
ishment of the murderers.61 Governor Grover also
filed a protest with the board against any action of
the commission which should purport to condone the
crimes of the Modocs, who, he claimed, should be
given up and delivered over to the civil authorities
for trial arid punishment, and insisting that they would
have no more authority to declare a reservation on
the settled lands of Lost River than on the other
settled portions of the state.
To this protest, which was forwarded to the secre
tary of the interior, Delano replied that the commis
sion should proceed without reference to it; that if
the authority of the United States were defied or
resisted, the government would riot be responsible for
the results; and that the state might be left to take
61 These 8 were Scarface Charley, Hooker Jim, Long Jim, One-eyed Mose,
Old Doctor Humphrey, Little Jim, Boston Charley, and Dave. Oreyouian,
Feb. 15, 1873; 11. Ex. Doc., 122, 2(i3, 43d cong. 1st sess.
598 THE MODOC WAR.
care of the Indians without the assistance of the
government; the United States in this case being
represented by a coterie of politicians who were simply
experimenting with a contumelious band of spoiled
savages, without regard to the rights of the white
people of the state.62 To this haughty and overbear
ing message the people could only reply by still pro
testing.
The commissioners, after meeting at Linkville, re
paired to Fairchild's place on Willow Creek, to be
nearer all points of communication with the govern
ment, the army, and the Modocs. The services were
secured of Whittle and his Indian wife Matilda,
who were to act as messengers and interpreters. The
first work of the board was to investigate the causes
of the hostile attitude of the Modocs, during which
the facts already presented in this chapter were
brought out;63 and while this was in progress Whittle
made a visit to the Modocs to learn how Jack would
receive the peace commissioners.
On the 21st of February Meacham telegraphed to
Washington that he had a message from Jack, who
declared himself tired of living in the rocks and desir
ous of peace; that he was glad to hear from Wash
ington, but did not wish to talk with any one who
had been engaged in the war; and that he would meet
Meacham and Case outside the rocks without harm
ing them.64
This was not an honest report. What Jack did
say to Whittle was that he would consent to a con
ference with Steele, Roseborough, and Fairchild, but
declined to meet the commissioners.65 The presi
dent had already, by the advice of Canby, appointed
Roseborough as one of the board, who in company
62 Red EUff Sentinel, Feb. 22, 1873; New York Herald, Feb. 17 and- June
2, 1S73.
63 Jesse Applegate resigned rather than ' investigate ' his brother and
nephews.
64 See telegram in H. Ex. Doc., 122, 255, 43d cong. 1st sess.
65 Yreka despatches, in Oregonian, Feb. 26, 1873.
NEGOTIATIONS WITH THE SAVAGES. 599
with Steele, who it was thought might be useful in
communicating with Jack, was then on his way to the
front. Before his arrival, however, Whittle had a
second interview with Jack, whom he met a mile
from the lava-beds with a company of forty warriors
heavily equipped with needle-guns and small arms,
but asserting that he only wanted peace, to prove
which he pointed to the fact that the houses of Dorris,
Fair-child, Van Bremer, and Small were still left stand
ing, and again consenting to talk with the men before
named. Growing impatient, he expressed a desire to
have the meeting over, and Dave, one of his company,
returned to camp with Whittle, and carried back
word that Fairchild would make a preliminary visit
on the 26th to arrange for the official council.66
Accordingly, on that day Fairchild, accompanied,
not by Whittle and Matilda, but by T. F. Kiddle and
his Indian wife, Toby,67 as interpreters, repaired to
the rendezvous. He was charged to say that the
commissioners would come in good faith to make
peace, and that he was delegated to fix upon a place
and time for the council. But the only place where
Jack would consent to meet them was in the lava-beds;
and as Fairchild would not agree that the commis
sioners should go unarmed into the stronghold, he
returned to camp without making any appointment.
With him were allowed to come several well-known
murderers, Hooker Jim, Curly-headed Doctor, and
the chief of the Hot Creeks, Shacknasty Jim. They
came to make terms with Lalake, a chief of the
6(i One of the surgeons in camp stated, concerning the second interview
with Jack, that 10 of his followers were for peace and 10 against it, while
the others were indifferent. Yreka despatches, in Orefjonian, Feb. 25, 1873.
67 Whittle and Riddle belonged to that class of white men known on the
frontier as ' squaw men. ' They were not necessarily bad or vicious, but in
all disturbances of the kind in which the people were then plunged were an
element of mischief to both sides. Having Indian wives, they were forced to
keep on terms of friendship with the Indians whatever their character; and
owing allegiance to the laws of the state and their own race, they had at
least to pretend to be obedient to them. It is easy to see that their encour
agement of the Modocs, direct or indirect, had a great deal to do with bring
ing on and lengthening the war.
600 THE MODOC WAR.
Klamaths, for the return of sixty horses captured dur
ing the war, with which transaction there was no in
terference by the military.68
On the arrival of Steele, the board of commissioners
held a meeting, and decided to offer the Modocs a gen
eral amnesty on condition of a complete surrender, and
consent to remove to a distant reservation within the
limits of Oregon or California, Canby to conclude the
final terms. Against this protocol Meacham voted,
being still inclined to give Jack a reservation of his
choice. On the 5th of March Steele proceeded, in
company with Fairchild, Riddle, and Toby, and a
newspaper reporter, R. H. Atwell, to visit the Modoc
stronghold, and make known to Jack the terms offered.
A singular misunderstanding resulted. Steele, who
was but little acquainted with the language of the
Modocs, reported that Jack had accepted the offer of
the commissioners, and Fairchild that he had not.
Riddle and Toby were the best of interpreters ; Scar-
face spoke English very well, and Jack but little
if at all. Steele and Fairchild were equally well
acquainted with Indian manners, making their differ
ence of opinion the more unaccountable.
When Steele handed in his report there was a feel
ing of relief experienced in camp, and the commis
sioners set about preparing despatches, only to be
thrown into confusion by the contradictory statement
of Fairchild. So confident was Steele, that he decided
upon returning for verification of his belief; but Fair-
child declined to expose himself to the rage of the
Modocs when they should find they had been misin
terpreted. In view of these conflicting opinions,
Meacham cautiously reported that he had reason to
believe that an honorable and permanent peace would
be concluded within a few days.69
On returning that evening to the Modoc strong
hold, Steele found the Indians in much excitement.
68 Yreka despatches, in Orcgonwn, March 1873; Ind. Aff. Rept, 1873, 75.
6a//. Ex Doc., 122, 260, 43d cong. 1st seas.
CAPTAIN JACK DEFIANT. 601
They had been reenforced by twenty warriors.
Sconchin 70 was openly hostile, Jack still professing to
desire peace. The evidences of blood-thirstiness were
so plain, however, that Steele's confidence was much
shaken, and he slept that night guarded by Scarface.
In the morning Jack wore, instead of his own, a
woman's hat — supposed to indicate his peace prin
ciples; and Sconchin made a violent war speech.
When he had finished, Jack threw off his woman's
hat and hypocrisy together, declaring that he would
never go upon a reservation to be starved. When
told by Steele of the futility of resistance, and the
power of the American people, he listened with com
posure, replying: "Kill with bullets don't hurt much;
starve to death hurt a heap." 71 No full report of this
interview was made public. It was understood that
a complete amnesty had been offered, provided the
Modocs would surrender, and go to Angel Island in
the bay of San Francisco, until a reservation could be
found for them in a warm climate. They were to be
comfortably fed and clothed where they were until re
moved to Angel Island, and Jack was offered permis
sion to visit the city of Washington in company with
a few of his head men. Jack made a counter-proposi
tion, to be forgiven and left in the lava-beds. He de
sired Meacham and Applegate, with six men unarmed,
to come on the following day and shake hands with
him as a token of peace.
On returning from the conference, Steele advised
the commissioners to cease negotiations until the Ind
ians should themselves make overtures, saying that
the Modocs thought the soldiers afraid of them, and
carried on negotiations solely in the hope of getting
Canby, Gillem, Meacham, and Applegate into their
70 Sconchin of Jack's band was a brother of the chief Sconchin at Yainax,
and an intelligent though unruly Indian.
71 Steele's Modoc Question, MS.. 25. It is noticeable that in all Steele's in
terviews with Jack he never made any attempt to impress upon his mind the
benevolent intentions of the government, but only its coercive power, which
he knew Jack defied.
602 THE MODOC WAR.
power to kill them. As for himself, he would take
no more risks among them.
Meacham then telegraphed the secretary of the
interior that the Modocs rejected peace, and meant
treachery in proposing to shake hands with the com
missioners unarmed; but Delano, with the theoretical
wisdom of the average politician, replied that he did
not so believe, and that negotiations were to be con
tinued. Canby telegraphed Sherman, March 5th, that
the reports from the Modocs indicated treachery and
a renewal of hostilities, to which Sherman replied
that the authorities at Washington confided in him,
and placed the matter in his hands.72
It was not until this intimation of a change in the
board was made that the commissioners, having com
pleted their examination of the causes which led to
hostilities, presented their report. The conclusions
arrived at were that in any settlement of the existing
hostilities it would be inadmissible to return the
Modocs to the Klamath reservation, the Klamaths
having taken part in the war against them; or to set
apart a reservation on Lost River, the scene of their
atrocities. They also objected to a general amnesty,
which would bring the federal government in conflict
with the state governments, and furnish a precedent
calculated to cause misconduct on the reservations,
besides greatly offending the friends of the murdered
citizens. It was their opinion that the eight Indians
indicted should be surrendered to the state authorities
to be tried. Should the Modocs accept an amnesty,
they should, with the exception of the eight indicted,
be removed at once to some fort, other than Fort
72 The despatch read: 'All parties here have absolute faith in you, but mis
trust the commissioners. If that Modoc affair can be terminated peacefully
by you it will be accepted by the secretary of the interior as well as the pres
ident. Answer immediately, and advise the names of one or two good men
with whom you can act, and they will receive the necessary authority; or, if
you can effect the surrender to you of the hostile Modocs, do it, and remove
them under guard to some safe place, assured that the government will deal
by them liberally and fairly.'
PROMISED SUBMISSION. 603
Klamath, until their final destination was decided
upon.73
To this report General Canby gave his approval,
except that he held the opinion that the Indians, by
surrendering as prisoners of war, would be exempt
from process of trial by the state authorities of Oregon
or California. From this opinion Roseborough dis
sented, but thought neither state would interfere if
satisfied that the murderers would be removed to
some distant country beyond the possibility of return.
Applegate and Case having resigned, the former
with a characteristic special report to the acting com
missioner of Indian affairs, H. R. Clum, in which he
alluded to the peace commission as an "expensive
blunder," and rejected his pay of ten dollars a day, it
might be said that after the 6th of March no board
really existed, and everything was in the hands of
Cariby. Jack, who kept himself informed of all that
was transpiring, and fearful lest the commissioners
should yet slip through his fingers, sent his sister
Mary, on the day following Steele's final departure, to
Canby, to say that he accepted the terms offered on
the 3d, of present support and protection, with re
moval to a distant country; asking that a delegation
of his people might be permitted to accompany the
government officers in search of a new home, while the
remainder waited, under the protection of the military,
and proposed that the surrender should be made on
the 10th.
To this proposition Canby assented, and word was
sent to Jack that he and as many of his people as
were able to come, should come into camp that even
ing, or next morning, and that wagons would be sent
to the edge of the lake to fetch the others on Monday.
But Jack did not come as expected, and the messen
gers sent to him returned with the information that
they could not yet leave the lava-beds, as they were
73 Portland Bulletin, March 13, 1873; Jacksonville Sentinel, March 8, 15,
1873; Gold Hill News, March 15, 1873; S. F. Call, March 5, 6, 7, 12, 13, 1873.
604 THE MODOC WAR.
interring their dead, but would soon keep their prom
ise. Canby then sent warning that unless they sur
rendered at once the troops would be sent against
them, and Mary was sent once more to convey mes
sages from Sconchin and Jack. The former affected
surprise that the white officers should so soon be
offended with them, and wished to know the names of
those who sent the warning message; and Jack de
clared he desired peace or war at once, but preferred
peace. There was little in his message, however, to
indicate any degree of humility. On the contrary, he
dictated the terms, which would leave him master of
the situation, his people fed and clothed, and allowed
to remain on Lost River, while he went forth free.
Riddle and Toby, who interpreted the messages from
the Modocs, saw in them a sinister meaning, and cau
tioned Canby.
The general, finding himself forced into a position
where he must vindicate the power and righteousness
of the government, and obey orders from the depart
ments, had little choice. Either he must make war
on the Modocs, which he was forbidden to do, or he
must make peace with them, which was still doubtful.
He chose to accept as valid the excuses for their want
of faith, and went on making preparations for their
reception at his camp on the 10th. Tents were put
up to shelter them, hay provided for beds, and new
blankets, with food and fire-wood furnished, besides
many actual luxuries for the head men. On the day
appointed, four wagons were sent, under the charge of
Steele and David Horn, a teamster, to Point of
Rocks on Klamath Lake, the rendezvous agreed upon ;
but no Indians appearing, after four hours of waiting
the expedition returned and reported. Notwith
standing this, Canby telegraphed that he did not re
gard the last action of the Modocs as final, and would
spare no pains to bring about the result desired; but
might be compelled to make some movement of troops
to keep them under observation. This was satisfac-
CONTINUED SUSPENSE. 605
tory to the secretary of the interior, but not quite so
to General Sherman, who had somewhat different
views of the Modoc quest ion.74
On the llth a reconnoissance of the lava-beds, by a
cavalry company under Colonel Biddle, was ordered,
but he saw nothing of the Modocs. According to a
previously expressed desire of Jack's, a messenger
had been sent to Yainax to invite old Sconchin and a
sub-chief, Riddle, to visit him, a proposition favored by
the general, who hoped the friendly chiefs might influ
ence him to make peace. Sconchin came reluctantly,
and after the interview assured the general that all
future negotiations would be unavailing.
On the 13th Biddle, while reconnoitring the vicin
ity of the lava-beds, captured thirty-four horses belong
ing to the Modocs — a measure thought necessary to
lessen their means of escape. Two days afterward
headquarters were moved to Van Bremer's, and the
troops drawn closer about Jack's position. On the
19th Meacharn wrote that he had not entirely aban
doned hope of success; but the Modocs were deterred
by a fear that the Oregon authorities would demand
the eight indicted men to be tried. In this letter he
advocated a meeting on Jack's own terms, and said if
left to his own judgment he should have visited the
stronghold ; even that he was ready to do so now,
but was restrained by Canby ; though it did not appear
that anything had transpired to change his mind since
he had written that the Modocs meant treachery.
Canby himself could not make his reports agree, for
on one day he thought the Modocs would consent to
go to Yainax, and on the next that they were not favor
able to any arrangement. On the 22d, while Canby
74 Sherman's telegram, after counselling patience, closed with this para
graph: ' But should these peaceful measures fail, and should the Modocs pre
sume too far on the forbearance of the government, and again resort to deceit
and treachery, I trust you will make such use of the military force that no
other Indian tribe will imitate their example, and that no reservation for them
will be necessary except graves among their chosen lava- beds.'
606 THE MODOC WAR.
and Gillem were making a reconnoissance with a cav
alry company, an accidental meeting took place with
Jack and a party of his warriors, at which a conference
was agreed upon between Jack, Sconchin, and the two
generals; but when the meeting took place it was
Scarface, the acknowledged war-chief, instead of
Sconchin, who accompanied Jack. These provoca
tions caused Canby to tighten more and more the
cordon of soldiery, and to remove headquarters to
the foot of the high bluff skirting the lake, within
three miles of the Modoc position.
The peace commission, which had been reorgan
ized by the appointment of E. Thomas, a methodist
preacher of Petaluma, California, and L. S. Dyar of
the Klamath agency, in place of Applegate and Case,
resigned, arrived at headquarters on the 24th of
March, and also Captain Applegate with five reser
vation Modocs sent for by Canby to assist in the
peace negotiations. On the 26th Thomas and Gil
lem had an interview with Bogus Charley, another
of the Modoc warriors, who passed freely between the
stronghold and the military camp, carrying news of
all he saw to his leader. In this interview it was
once more agreed upon that on the following day
Jack and his head men should meet these two in con
ference; but instead, a message "of a private nature"
was sent by a delegation consisting of Bogus Charley,
Boston Charley, Mary, and Ellen, another Modoc
woman.
In this way the time passed until the last of March
was reached, and fear was entertained that with the
return of warm weather the Modocs would escape to
the Shoshones, and that together they would join in
a war on the outlying settlements. Hooker Jim had
indeed already made a successful raid into Langell
Valley, driving off a herd of horses; and on more than
one occasion Jack's lieutenants had ventured as far
as Yainax, laboring to induce Sconchin's band to join in
a confederacy of five tribes, which he said were ready
A CONFERENCE. GOT
to take the war-path as soon as he should quit the
lava-beds; and these occurrences, becoming known,
caused much alarm.
On the 31st a movement by the troops in force was
made, three hundred marching to the upper end of
Klamath Lake, and thence on the 1st of April to Tule
Lake and the lava-beds, Mason's position being two
miles from the stronghold, on the east side. On the
2d the Modocs signified their willingness to meet the
peace commissioners at a point half-way between head
quarters and the stronghold; but Jack only reiterated
his terms, which were a general amnesty, Lost River,
and to have the troops taken away. The only con
cession made was his consent to having a council-tent
erected at a place on the lava-field a mile and a quar
ter from the camp of the commissioners.
Again on the 4th a request was made by Jack for
an interview with Meacham, Roseborough, and Fair-
child at the council-tent. They went, accompanied
by Riddle and Toby, and found Jack, with six warriors
and the women of his family. Again Jack and Scon-
chin demanded the Lost River country and their free
dom. He was assured that it was useless talking
about Lost River, which they had sold, and which
could not be taken back. When reminded of the kill
ing of the settlers, Jack declared that if the citizens
had taken no part in the fight of the 29th the mur
ders would not have taken place; and finally said that
he would say no more about Lost River if he could
have a reservation in California, including Willow,
Cotton wood, and Hot creeks, with the lava-beds; but
this also was pronounced impracticable. The council,
which lasted five hours, was terminated by the Indians
suddenly retiring, saying if their minds were changed
on the morrow they would report.
On the following morning Boston Charley brought
a message from Jack to Roseborough, asking for an
other interview, to which consent was refused until
Jack should have made up his mind; when Boston
608 THE MODOC WAR.
cunningly remarked that the Modocs might surrender
that day. Roseborough being deceived into thinking
that they so intended, Toby Riddle was immediately
sent to Jack with a message encouraging him in this
purpose. The proposition was not only declined, but
in such a manner that on her return Toby assured
the commissioners and General Canby that it would
not be safe for them to meet the Modocs in council.
This information was lightly treated by Canby and
Thomas, but was regarded as of more consequence by
Meacham and Dyar. Jack had succeeded in allaying
the apprehensions of treachery once entertained by
Canby, by his apparently weak and vacillating course,
which appeared more like the obstinacy of a spoiled
child than the resolution of a desperate man. The
military, too, were disposed to regard Jack's attach
ment to the region about Tule Lake as highly patri
otic, and to see in it something romantic and touching.
These influences were at that critical juncture of affairs
undermining the better judgment of the army.75
On the morning of the 8th of April Jack sent a
messenger to the commissioner to request a meeting at
the council-tent, the former to be accompanied by six
unarmed Modocs. But the signal-officer at the station
overlooking the lava-beds reporting six Indians at the
council-tent, and twenty more armed in the rocks
behind them, the invitation was declined. Jack un
derstood from this rejection of his overtures that he
was suspected, and that whatever he did must be
done quickly. If the truth must be told, in point of
natural sagacity, diplomatic ability, genius, this savage
was more than a match for them all. His plans so
75 In Meacham's special report he points out that Thomas was indiscreet in
his intercourse with the Modocs. He questioned one of them as to the truth
of Toby's report that it would not be safe for the commissioners to meet Jack,
which was denied; and on being asked in turn who told him, he said Toby
Riddle — a dangerous breach of trust, exposing Toby to the wrath of the Mo
docs. Gillem also informed this same Indian ' that unless peace was made very
soon he would move up near the Modoc stronghold, and that one hundred
Warm Spring Indians would be added to the army within a few days.' Ind.
Aff. Rept, 1873, 77.
PRECAUTIONS NEGLECTED. 609
far had been well devised. His baffling course had
secured him the delay until spring should open suffi
ciently to allow him to fly to the Shoshones, when,
by throwing the army into confusion, the opportunity
should be afforded of escape from the lava-beds with
all his followers.
On the morning of the 10th Boston Charley,
Hooker Jim, Dave, and Whim visited headquarters,
bringing a proposition from Jack that Canby, Gillem,
and the peace commissioners should meet the Modocs
in council. He was answered by a proposition in
writing, which Riddle read to them, containing the
former terms of a general amnesty and a reservation
in a warmer climate. Jack's conduct was not encour
aging. He threw the paper upon the ground, saying
he had no use for it; he was not a white man, and
could not read. Light remarks were uttered concern
ing the commissioners. Beef was being dried, and
breastworks thrown up, strengthening certain points,
all of which indicated preparations for war rather
than peace. Jack, however, agreed to meeting the
commissioners if they would come a mile beyond the
council- tent.
Notwithstanding all these ominous signs, and the
advice of Riddle to the contrary, it was finally set
tled at a meeting of the peace commissioners, Thomas
in the chair, that a conference should take place be
tween them and Canby on one side and Jack and five
Modocs on the other, both parties to go without arms.
The llth was the day set for the council, and the
place indicated by Jack accepted. After this decis
ion was arrived at, Riddle still advised Canby to send
twenty-five or thirty men to secrete themselves in the
rocks near the council-ground, as a guard against any
treacherous movement on the part of the Indians.
But to this proposal Canby replied that it would be
an insult to Captain Jack to which he could not con
sent; and that besides, the probable discovery of such
a movement would lead to hostilities. In this he was
HIST. OB., VOL. II. 39
610 THE MODOC WAR.
not mistaken, for Bogus Charley and Boston Charley
spent the night in Gillem's camp, remaining until
after the commissioners had gone to the rendezvous.76
The place chosen by Jack was a depression among
the rocks favorable to an ambuscade, and Meacham,
who had not been present when the meeting was de
termined upon, strenuously objected to placing the com
mission in so evident a trap, but yielded, as did Dyar,
to the wishes of Canby and Thomas, one of whom
trusted in the army and the other in God to see them
safely through with the conference.77 So earnest was
Riddle not to be blamed for anything which might
happen, that he requested all the commissioners and
Canby to accompany him to Gillem's tent, that officer
being ill, where he might make a formal protest;
and where he plainly admitted that he consented to
make one of the party rather than be called a cow
ard, and advised that concealed weapons should be
carried. To this proposition Canby and Thomas
punctiliously objected, but Meacham and Dyar con
cealed each a small pistol to be used in case of an
attack.
At the time appointed, the peace commissioners re
paired to the rendezvous, Meacham, Dyar, and Toby
riding, and the others walking, followed by Bogus
and Boston from the military camp, which gave Jack
just double the number of the commissioners, of whom
Canby was to be considered as one. All sat down in
a semicircular group about a camp-fire. Canby of
fered the Modocs cigars, which were accepted, and
all smoked for a little while. The general then
o
opened the council, speaking in a fatherly way: say-
76 H. Ex. Doc., 122, 139, 43d cong. 1st sess.
77 Canby said that the Modocs dare not attack with Mason's force where
it could be thrown into the stronghold before the Modocs could return to it.
Thomas said that God almighty would not let any such body of men be hurt
that was on as good a mission as that. 'I told him, 'says Riddle, 'that he
might trust in God, but that I didn't trust any of them Indians.' Meacham,
in his Wif/ivam and Warpath, published two or three years after the war, says
that the Modocs, perceiving the doctor's religious bent, pretended to have
their hearts softened and to desire peace from good motives, which hypocrisy
deceived him. 1 do not find anything anywhere else to sustain this assertion.
THE FINAL CONFERENCE. 611*
ing he had for many years been acquainted with
Indians; that he came to the council to have a
kindly talk with them and conclude a peace, and that
whatever he promised them they could rely upon.
Meacham and Thomas followed, encouraging them to
look forward to a happier home, where the bloody-
scenes of Lost FJver could be forgotten.
In reply, Jack said he had given up Lost Kiver,
but he knew nothing of other countries, and he re
quired Cottonwood and Willow creeks in place of it
and the lava-beds. While the conference had been
going on, several significant incidents had occurred.
Seeing another white man approaching along the trail
from camp, and that the Indians appeared uneasy,-
• Dyar mounted and rode out to meet the intruder and
turn him back. When he returned he did not rejoin
the circle, but remained a little way behind, reclining
upon the ground, holding his horse. While Meacham
was talking and Sconchin making some disrespectful
comments in his own tongue, Hooker Jim arose, and
going to Meacham's horse, took his overcoat from the
horn of the saddle, putting it on, and making some^
mocking gestures, after which he asked in English if
he did not resemble "old man Meacham."
The affront and all that it signified was understood
by every man there; but not wishing to show any'
alarm, and anxious to catch the eye of Canby, Mea
cham looked toward the general, and inquired if he
had anything more to say. Calmly that officer arose,-
and related in a pleasant voice how one tribe of Ind
ians had elected him chief, and given him a name sig-'
nifying "Indian's friend;" and how another had made'
him a chief, and given him the name of "The tall-
man;" and that the president of the United States
had ordered him to this duty he was upon, and he'
had no power to remove the troops without authority
from the president.
Sconchin replied by reiterating the demand for
Willow and Cottonwood creeks, and for the removal
012 THE MODOC WAR.
of the troops. While Sconchin's remarks were being
interpreted, Jack arose and walked behind Dyar's
horse, returning to his place opposite Canby a moment
later. As he took his position, two Indians suddenly
appeared, as if rising out of the ground, carrying each
a number of guns. Every man sprang to his feet as
Jack gave the word, "all ready," in his own tongue,
and drawing a revolver from his breast fired at the
general. Simultaneously Sconchin fired on Meacham,
and Boston Charley on Thomas. At the first motion
of Jack to fire, Dyar, who was a very tall man and
had the advantage of a few feet in distance, started
to run, pursued by Hooker Jim. When he had gone
a hundred and fifty rods, finding himself hard pressed,
he turned and fired his pistol, which checked the ad
vance of the enemy. By repeating this manoeuvre
several times, he escaped to the picket-line. Riddle
also escaped by running, and Toby, after being given
one blow, was permitted to follow her husband.
General Canby was shot through the head. Thomas
was also shot dead; and both were instantly stripped
naked. Meacham had five bullet-wounds, and a knife-
cut on the head. He was stripped and left for dead,
but revived on the arrival of the troops.
While the commissioners were smoking and con
versing with the Modocs, a preliminary part of the
tragedy was being enacted on another part of the field.
An Indian was discovered by the picket about Ma
son's camp carrying a white flag, a sign of a desire to
see some of the officers, and Lieutenant W. L. Sher
wood, officer of the day, was sent by the colonel to
meet the bearer and learn his errand. Sherwood
soon returned with the report that some Modocs de
sired an interview with the commander of the post;
when Mason sent them word to come within the lines
if they wished to see him. Lieutenant Boyle, who
happened to be present, asked permission to accom
pany Sherwood, when the two officers walked out to
meet the flag-bearer, half a mile outside the pickets.
MURDER OF THE COMMISSIONERS. 613
On the way they encountered three Indians, who in
quired if Boyle was the commanding officer, and who
invited them to go on to where the flag-bearer awaited
them. Something in their manner convincing the
officers of treachery, they declined, saying that if the
Indians desired to talk they must come within the
lines, and turned back to camp. The Indians then
commenced firing, Sherwood and Boyle running and
dodging among the rocks, being without arms. Sher
wood soon fell, mortally wounded, but Boyle escaped,
being covered by the guns of the pickets.
The officer at the signal-station overlooking Mason's
camp immediately telegraphed General Gillern what
had occurred, and preparations were at once made to
send T. T. Cabaniss to warn General Canby, bub be
fore the message was ready the signal-officer reported
firing on the council-ground.
At this word the troops turned out, Sergeant
Wooton of company K, 1st cavalry, leading a detach
ment without orders. The wildest confusion pre
vailed, yet in the sole intent, if possible, to save the
life of the general whom they all loved and venerated,
there was unity of purpose. Before the troops
reached the council-ground they were met by Dyar,
with the story of the fatal catastrophe, and on arriv
ing at the spot, Meacham was discovered to be alive.
Jack had retreated to his stronghold, the troops fol
lowing for half a mile, but finally retreating to camp
for the night.78
As might have been expected, a profound excite
ment followed upon the news, of the disastrous wind-
ing-up of the peace commission. At Yreka Delano
was hanged in effigy. At Portland the funeral honors
78 Cabaniss, who was personally strongly attached to Canby, wrote an in
teresting and highly colored account of the incidents just prior to and suc
ceeding the massacre, for the Eureka, Cal., West Coast Signal, April 19, 1S73.
Various accounts appeared in the newspapers of that date, and in Fitzgerald's
Cal. Sketches, 140; Simpson's Meeting the Sun, 356-83; and Meacham'a Wiy-
wam and Warpath, written to justify his own want of judgment and conceal
his want of honesty.
614 THE MODOC WAR.
paid to Canby were almost equal to those paid to
Lincoln.79
One general expression of rage and desire for revenge
was uttered over the whole country, east as well as
west; and very few shrank from demanding extermi
nation for the murderers of a major-general of the
United States army and a methodist preacher, though
little enough had been the sympathy extended by the
east to the eighteen hard-working, undistinguished
citizens of the Oregon frontier 80 massacred by these
same Modocs.
The president authorized Sherman to order Scho-
field, commanding the division of the Pacific, "to make
the attack so strong and persistent that their fate
may be commensurate with their crime;" to which
Sherman added, "You will be fully justified in their
utter extermination." Many expedients were sug-
79 Edward R. S. Canby was born in Kentucky in 1817, and appointed to
the military academy at West Point from Indiana. He graduated in 1 830,
and was made 2d lieut. He served in the Florida war, and removed the Ind
ians to Arkansas in 1842. From 1846 to 1848 he served in Mexico, and
was at the siege of Vera Cruz, the battles of Cerro Gordo, Contreras, and
Churubusco, where he was brevetted major for gallant conduct; was at the as
sault and capture of the City of Mexico, where ke was brevetted lieut-col; was
commander of the division of the Pacific from 1849 to 1851, after which he was
four years in the adj. -gen. office at Washington. From 1855 to the breaking
out of the rebellion he \vas on frontier duty. He served through the civil war
as colonel of the 19th inf. in the dep. of New Mexico; was made brig.-
gen. of U. S. volunteers in March 1862; was detached to take command of
the city and harbor of New York to suppress draft riots; was made maj.-gen.
of volunteers in 1864, in command of the military division of west Missis
sippi; was brevetted brig. -gen. of the U. S. army in 1865 for gallant conduct
at the battle of Valverde, New Mexico; and was brevetted maj.-gen. U. S.
army for gallant and meritorious services at the capture of Fort Blakely and
Mobile. He commanded the military district of North and South Carolina
from September 1867 to September 1868, and was afterward placed in com
mand of Texas, and then of Va, where he remained until transferred to Or.
in 1870. He was tall and soldierly in appearance, with a benevolent
countenance. He had very little money saved at the time of his death,
and a few citizens of Portland gave five thousand dollars to his widow.
It is stated that a brother was stricken with sudden insanity on hearing
of his fate. Santa Barbara Index, July 17, 1873. Rev. E. Thomas was
a minister in the methodist denomination. He was in charge of a Niag
ara-street church in Buffalo, New York, in 1853; came to Cal. in 1865, where
he was agent for the Methodist Book Concern; for several years was editor
of the Cal. Christian Advocate, and at the time of his death was presiding
elder of the Petaluma district of the Cal. M. E. Conference. He left a wife
and three children. Oregonian, April 14, 1873.
8uSee Washington despatches, in Portland Oregoman, April 15, 1873; N.
Y. Herald, April 20, 1873; London Times, April 16, 1873.
HOSTILITIES RESUMED. 615
tested in the public prints to force the Modocs out of
their caves in the lava-beds, such as sharp-shooters to
pick them off at long range; steel armor for the sol
diers; the employment of blood-hounds, and of sulphur
smoke 81 But fortunately for the reputation of the
American people, none of these methods were resorted
to, the public being left to exhaust its hostility in
harmless suggestions.82
The troops had at no time regarded the peace com
mission with favor, any more than had the people
best acquainted with the character of the Modocs.
Those who fought on the 17th of January were dis
pleased with the removal of Wheaton from the com
mand, and had seen nothing yet in Gillem to lessen
their dissatisfaction. They were now anxious to light,
and impatiently awaiting the command, which they
with other observers thought a long time coming.
On the day after the massacre Mason moved to the
south of the stronghold six miles. His line was at
tacked by the Modocs, forcing the left picket to give
way which position was, however, retaken by Lieu
tenant E. R Thellar with a portion of company I ot
the 21st infantry. Skirmishing was kept up all day
and a part of the 13th. At length, on the 14th, Gil-
lem telegraphed to Mason, asking if he could be ready
to advance on the stronghold on the next morning;
to which Mason replied that he preferred to get into
position that night. To this Gillem consented order
ing him not to make any persistent attack but to
shelter his men as well as possible. Donald McKay s
company of Warm Spring scouts, engaged by Can by
when it began to appear that hostilities would be re
sumed, had arrived, and was posted on Mason's left,
with orders to work around toward Green's right.
The movement began at midnight, and before day-
e1 See letter of A. Hamilton to the secretary of the interior, in H. Ex.
,5, and Apri,£ 4, ,9, 28 ,873;
PlaindeaLer, May 2 and June
villt Sentinel, May 3, 1873; Roseburg
616 THE MODOC WAR.
light the troops were in position, about four hundred
yards east of the stronghold, the right of the infantry
under Captain Burton resting on the lake, and Ber
nard's troop dismounted on the left, with a section of
mountain howitzers, held subject to order, under Lieu
tenant E. S. Chapin. Breastworks of stone were
thrown up to conceal the exact position of the troops.
On the west side of the lake Perry and Cresson moved
at two o'clock in the morning to a point beyond the
main position of the Modocs on the south, where they
concealed their troops and waited to be joined at day
light by the infantry and artillery under Miller and
Throckmorton, with Colonel Green and staff. Miller
had the extreme right, and the cavalry the extreme
left touching the lake, while Throckniorton's artillery
and two companies of infantry were in the centre.
' The day was warm and still, and the movement to
close in began early. The first shots were received a
mile and a half from Jack's stronghold on the west,
while the troops were advancing in open skirmish or
der along the lake shore, sheltering themselves as best
they could under cover of the rocks in their path.
On reaching the gorge under the bluff a galling fire
was poured upon them from the rocks above, where a
strong party of Modocs were stationed. Mason was
doing all that he could to divide the attention of the
Indians while the army passed this dangerous point,
and the reserves coming up, a charge was made which
compelled the Modocs to retire, and their position
was taken.
At two o'clock the order was given to advance the
mortars under Thomas and Cranston, and Howe of the
4th artillery. By half-past four they were in position,
and the left of the line on the west had reached a
point opposite the stronghold. By five o'clock the
mortars began throwing shells into the stronghold,
which checked the Modoc firing. So far all went
well. The bluff remained in the possession of Miller's
men, between whom and the main plateau, or mesa, in
FIGHT IN THE LAVA-BEDS. 617
which the caves are situated, only two ledges of rock
intervened. On Mason's side, also, the outer line of
the Modoc defences was abandoned. At six o'clock
the mortars were again moved forward, and by night
fall the troops in front of the stronghold were ready
to scale the heights. At midnight Mason's troops
took up the position abandoned by the Modocs, within
one hundred yards of their defences.
Their last position was now nearly surrounded, but
they fought the troops on every side, indicating more
strength than they were supposed to possess. The
troops remained upon the field, and mortar practice
was kept up throughout the night at intervals of ten
minutes. In the morning, Mason's force with the
Warm Spring scouts being found in possession of the
mesa, the Modocs abandoned their stronghold, passing
out by unseen trails, and getting on Mason's left,
prevented his joining with Green's right. Subse
quently, he was ordered to advance his right and join
Green on the shore of the lake, which cut the Indians
off from water.
By ten o'clock in the forenoon Green's line had
reached the top of the bluff nearest the stronghold,
meeting little opposition, but ii was decided not to
push the troops at this point, as there might be heavy
loss without any gain, and the want of water must
soon force the Modocs out of their caverns and de
fences, while it was not probable they could find a
stronger position anywhere. The day's work consisted
simply of skirmishings. No junction was effected
between Mason and Green on the west; the principal
resistance offered being to this movement.
In the evening Thomas dropped two shells into the
Modoc camp-fire, causing cries of rage and pain.
After this the Indians showed themselves, and chal
lenged the soldiers to do the same; but the latter were
hidden behind stone breastworks, five or six in a place,
with orders not to allow themselves to be surprised in
these little forts, built at night ; they also caught a little
618 THE MODOC WAR,
sleep, two at a time, while the others watched.83 The
second day ended with some further advances upon
the stronghold, and with the batteries in better
position. The blaze of musketry along the lake shore
at nine o'clock in the evening, when the Modocs
endeavored to break through the lines to get to water,
was like the flash of flames when a prairie is on fire.
The troops remained again over night on the field,
having only coffee served hot with their rations.
On the morning of the 17th Green's and Mason's
lines met without impediment, and a general move
ment was made to sweep the lava-beds, the Indians
seeming to rally about eleven o'clock, and to oppose
the approach to their famous position. But this was
only a feint, and when the troops arrived at the caves
the Modocs had utterly vanished. Then it appeared
why they had so hotly contested the ground between
Mason and Green. An examination showed a fissure
in the pedregal leading from the caverns to the distant
hills, which pass had been so marked that it could be
followed in the darkness, and through it had been
conveyed the families and property of the Modocs to
a place of safety.
The loss of the army in the two days' engagements
was five killed and twelve wounded. On the third
day a citizen of Yreka, a teamster, was killed, and
his team captured. Seventeen Indians were believed
to be killed.
The consternation which prevailed when it became
known that Jack had escaped with his band was equal
to that after the massacre of the peace commissioners;
but the worst was yet to come. From the smoke of
large fires observed in the south-east, it was conjectured
that the Indians were burning their dead, and fleeing
in that direction, and the cavalry was ordered to
pursue, Perry setting out the 18th to make a circuit
of the lava-beds, a inarch of eighty miles. The Warm
83 Boyle's Conduct of the Modoc War, MS., 28.
ESCAPE OF THE INDIANS. 619
Spring scouts also were scouring the country toward
the east. In the mean time Mason was ordered to
hold the Modoc fortress, while his camp at Hospital
Rock was removed to the camp at Scorpion Point, on
the east side of the lake. This left the trail along
the south side exposed to attack from the enemy's
scouts. On the afternoon of the 18th they appeared
on a ridge two miles off, and also at nearer points
during the day, firing occasional shots. On the morn
ing of the 19th they attacked a mule pack-train on
its' way from Scorpion Point to supply Mason at the
stronghold, escorted by Lieutenant Howe with twenty
men, and were repulsed. Lieutenant P. Leary, in
coming to meet the train with an escort, had one man
killed and one wounded; and Howe, on entering the
lava-beds, both coming and returning, was fired on.
A shell dropped among them dispersed them for that
day; but on the 20th they again showed themselves,
going to the lake for water, and fired on the Warm
Spring scouts, who were burying one of their company
killed on the 17th. They even bathed themselves m
the lake, in plain view of the astonished soldiery in
camp. After two days, Perry's and McKay's com
mands came in without having seen a Modoc.
Meanwhile Gillem was waiting for two companies
of the 4th artillery, en route from San Francisco,
under captains John Mendenhall and H. C. Hasbrouck,
to make another attempt to surround the Modocs in
their new position, which he reported as being about
four miles south of their former one. In their im
patience, the troops went so far as to say that it
was concern for his personal safety which deterred
Gillem, who had not stirred from camp during the
three days' fight, but had all the troops that could be
spared posted at his camp.
From the 20th to the 25th nothing was done except
to keep the scouts moving. On the night of the 22d
McKay discovered a camp of forty Modocs in a ridge
at the southern end of the lava-beds, known as the
620 THE MODOC WAR.
Black Ledge. Its distance from headquarters was
about four miles, with a trail leading to it from the
lake, which was practicable for light artillery. For
two days after its discovery no Indians were seen
coming to the lake for water, and the opinion prevailed
that they had left the lava-beds, in which case they
were certain either to escape altogether or to attack
the settlements.
In order to settle the question of their whereabouts,
a reconnoissance was planned to take placQ on the
26th, to extend to the Black Ledge. In arranging
this scout Gillem consulted with Green. It was
decided to send on this service Thomas, with Howe,
Cranston, and Harris of the artillery, and Wright of
the infantry, with a force of about seventy- men, and
a part of Donald McKay's scouts, making about eighty-
five in all.
Some anxiety was felt as the expedition set out at
eight o'clock in the morning, and a watch was kept
upon their movements as they clambered among the
rocks, until they passed from view behind a large
sand-butte, a mile and a half away. Before passing
out of sight, they signalled that no Indians had been
found. As no official account of what transpired
thereafter could ever be given, the facts, as gathered
from the soldiers, appear to have been as follows:
Thomas advanced without meeting any opposition
or seeing any Indians until he reached the point des
ignated in his orders, keeping out skirmishers on the
march, with the Warm Spring scouts on his extreme
left, that being the direction from which it was thought
the Indians might attack if at all. But none being
discovered, and the field appearing to be clear, a halt
was called about noon, when men and officers threw
themselves carelessly upon the ground to rest and
take their luncheon.
While in this attitude, and unsuspicious of danger,
a volley of rifle-balls was poured in among them. It
would be impossible to describe the scene which fol-
DEFEAT OF THOMAS. 621
lowed. When the troops were attacked they were in
open ground, from which they ran to take shelter in
the nearest defensible positions. Many of them never
stopped at all, or heeded the word of command of
their officers, but kept straight on to camp. "Men,
we are surrounded; we must fight and die like sol
diers," cried Thomas; but he was heeded by few, fully
two thirds of the men being panic-stricken, and nearly
one half running away.
The only shelter that presented itself from the bul
lets of the concealed Modocs was one large and sev
eral smaller basins in the rocks. In these the re
mainder of the command stationed themselves, but
this defence was soon converted into a trap in which
the victims were the more easily slaughtered. The
Indians, who from the first aimed at the officers,
were now able to finish their bloody work. In what
order they were killed no one could afterward tell;
but from the fact that only Thomas and Wright were
remembered to have said anything, it is probable the
others fell at the first fire/and that it was their fall
which demoralized the men so completely. Thomas
received several wounds. Wright was wounded in
the hip, in the groin, in the right wrist, and through
the body. He was in a hole with four of his men,
when a sergeant attempted to bring him some water,
and was also shot and wounded in the thigh. Soon
after Wright died, and the remaining three, all of
whom were wounded, were left to defend themselves
and protect the body of their dead commander.
About three o'clock an Indian crept up to the edge
of the basin, calling out in English to the soldiers if
they were not wounded to leave for camp, as he did
not wish to kill all of them, at the same time throw
ing stones into the pit to cause some movement if any
there were really alive. Hearing no sound, he crept
closer and peered over, with two or three others, when
the soldiers sprang up and fired. The Indians then
left them, whether wounded or not the soldiers could
622 THE MODOC WAR.
not tell. Similar scenes were being enacted in other
parts of the field. As soon as it was dusk those of
the wounded who could move began crawling over
the rocks toward camp.
Out of sixty-five enlisted men, twenty-two were
killed and sixteen wounded, a loss of over three fifths
of the force; of the five commissioned officers, not
one escaped, though Harris lived a few days after
being mortally wounded; Surgeon Semig recovered
with the loss of a leg; making the total loss of twen
ty-seven killed and seventeen wounded, besides a citi
zen shot while going to the relief of the wounded.
" Where were the Warm Spring scouts?" asked the
horrified critics of this day's work. They were in the
rear and to the left of Thomas, and after the attack,
could not get nearer because the soldiers would mis
take them for the Modocs, riot being in uniform.84
According to some witnesses, help was very tardily
rendered after the attack on Thomas' command be
came known,85 which it soon was. Although the
stragglers began to come in about half-past one o'clock,
it was not until night that a rescuing force was ready
t'j go to Thomas' relief. When they did move, there
were three detachments of cavalry under captains
Trimble and Cresson, and two others under Jackson
and Bernard, with two companies of artillery under
Throckmorton and Miller. In two lines they moved
out over the lava-beds, soon lost to sight in the gloom
of night and tempest, a severe storm having come on
at the close of a fine day. A large fire was built on
a high point, which gave but little guidance on account
84 Boyle's Conduct nf the Modoc War, MS., 41-2; Corr. S. F. Chronicle, in
Portland Oregonian, May 6, 1873; 8. F. Call, April 30, 1873; S. F. Alta,
April 30, 1873; Sac. Record-Union, April 30, 1873; S. F. Post, April 29, 1873;
S. F. Bulletin, April 29, 1873; Annual Report of Maj.-Gen. Jeff. C. Davis,
1873, p. 5-6; Or. Deutsch Zeitung, May 3, 1873; S. F. Elevator, May 3, 1873.
85 Boyle says that the firing, which began about noon, could be distinctly
heard at camp. Cabaniss testified the same. The correspondent of the »9. F.
Chroni'-le said that no firing was heard, but that he could see through his
glass, from the signal-station, the soldiers running wildly about and crawling
over the rocks, evidently panic-stricken. Col Green, he says, went immedi
ately to their assistance; but this was false.
CONTINUED DISASTER. 623
of the weather. When found, the whole extent of
ground covered by the dead and wounded was com
prised within a few hundred feet, showing how little
time they had in which to move.
Finding it impossible to bring in all the dead, the
bodies of the soldiers were piled together and covered
with sage-brush, which the Indians subsequently fired.
The wounded, and the dead officers, were carried on
stretchers, lashed upon the backs of mules, and the
ghastly procession returned through the storm to
camp, where it arrived at half-past eight on the morn
ing of the 27th.
The loss of so many officers and men deeply atlected
the whole army. Soldiers who had been in the ser
vice all their lives wept like children.86 The discon
tent which had prevailed since the command devolved
upon Gillein became intensified, and officers and men
did not hesitate to say that had an experienced Indian
fighter, instead of young officers just from the east,
been sent upon this reconnoissance, or had these young
officers received the proper orders, the disaster need
not have occurred. The effect on the public mind
was similar, which was at first incredulous, then
stunned. " Whipped again ! whipped again I" was the
universal lament.87
se 'Especially was this the case as regards Lieut Harris i of the 4th art
whose battery. K, perfectly idolized him.' 8.F. £«*/. .April 30, 18/3 That
night's inarch made many a young man old.' BayU* Conduct of the Modoc
^E^an Thomas was a son of Lorenzo Thomas formerly adj -gen of the
army. He was appointed 2d lieut of the 4th art. April 9, 1861, from the dis-
trictof Columbia; was promoted to a first lieutenancy on the 14th oi May
1861, and made capt. Aug. 31, 1864, though brevetted capt. in Dec 1862
and brevetted maj. in July 1863, honors won on the field of battle He left
a widow and two children at San Francisco. After receiving his death
wound Thomas buried his gold watch and chain, ? .^« ^^^g^^K
discovery by the Modocs, and be recovered by his friends. But the watchful
foe did not permit this souvenir to reach them.
Thomas F. Wright was a son of Gen. George Wright, formerly in command
of the department of the Columbia. He was appointed to the West Point mili
tary academy in 1858, and served subsequently as 1st lieu t in the 2d Cal.
ca7alry, but resigned in 1863, and was rcappointcd with the rank of nun. m
6th Cal inf. Hi was transferred to the 2d Cal. inf. with the rank of col
until he was mustered out at the close of the war of the rebel ion wr h the
rank of brevet brig. -gen. He was appointed 1st heut of the 32d inf. in July
1866. In Jan. 1870 he was assigned to the 12th inf. at Camp Gaston, Cal.,
624 THE MODOC WAR.
On the 2d of May Colonel Jefferson C. Davis, who
had succeeded Canby in the command of the depart
ment of the Columbia, arrived at headquarters, where
the army had lain inactive and much dispirited since
the 26th. Davis sent for Wheaton, to whom he
soon restored the command of the troops in the field,
and Mendenhall's command having arrived, the army
was to some extent reorganized, Davis taking a few
days to acquaint himself with the country.
During this interval the Modocs were not idle.
Their fires could be seen nightly in the lava-beds, and
on the 7th they captured a train of wagons between
Bernard's old camp and Scorpion Point, wounding two
soldiers. Two Indian women, sent on the same day
to reconnoitre the last position of the Modocs, re
ported none in the lava-beds, a statement verified by
McKay. Hasbrouck's light battery, serving as cav
alry, and Jackson's cavalry were immediately ordered
to prepare for an extended reconnoissance on the 9th
to make sure that no Indians were secreted in any
part of the lava-field. On the night of the 9th Has-
brouck encamped at Sorass Lake, south-east of the
pedregal on the road to Pit River, but the water be
ing unfit for use, a detachment was sent back seven
teen miles to procure some. While the detachment,
which was escorted by the Warm Spring scouts, was
absent, a company of thirty-three Modocs, headed by
Jack, in the uniform of General Cariby, attacked the
whence after the battle of the 17th of Jan. he was ordered to the Modoc
country. Albian Howe was appointed 2d lieut in 1866, having served as maj.
of volunteers during the war. He was promoted to a 1st lieut in Nov. 1869,
and brevetted capt. in March 1867. He was the son of Col H. S. Howe,
formerly of the U. S. army, but on the retired list. He had but a short time
before his death married a daughter of W. F. Barry, colonel of the 1st artil
lery, and commander of the artillery school at Fortress Monroe. Arthur
Cranston was a native of Mass. , 30 years of age. He graduated from West
Point in 1867, and was appointed 2d lieut in the 4th art. He had served in
the 7th reg. Ohio vol. before entering the military academy, and was pro
moted to a lieutenancy in the 55th Ohio reg. which served in western V.
He left a widow and one child in Washington. George M. Harris was a na
tive of Pa, 27 years of age, and a graduate of West Point of the class of 1868.
He was appointed 2d lieut of the 10th infantry in 1868, and assigned to the
4th artillery in 1869. S. F. Call, April 30, 1873.
A SLIGHT VICTORY. 625
camp, stampeding their horses and leaving the com
mand on foot.
While the troops were getting under arms, the Mo-
docs continued to charge and fire, killing four soldiers
and one scout, and wounding seven other men, two
mortally. Hasbrouck rallied his command and charged
the Indians at the very moment the detachment re
turned, which joining in the fight, the Modocs were
pursued three miles and driven into the woods, with
a loss of twenty-four pack-animals, their ammunition,
one warrior killed, and several disabled, who were
carried off on horses toward the mountains on Pit
River, McKay's scouts following.
This was the first important advantage gained since
the beginning of the war. The amount of ammuni
tion captured led to the conviction that Jack was re
ceiving aid from some unknown source, a suspicion
which he afterward attempted to fix upon the Klarn-
aths, against whom no evidence was ever shown, all
the proofs going to show that the assistance came
from Yreka.88
On news of the attack on Hasbrouck reaching head
quarters, Mason was sent to reenforce him with a
hundred and seventy men, and take the command of
an expedition whose purpose was to capture Jack.
On arriving at Sorass Lake, Mason received in
formation from McKay that Jack was occupying a
fortified position twenty miles south of the original
stronghold. He proceeded with three hundred men
to invest this position, and keep a watch upon the Mo-
docs until the batteries should come up to shell them
out of it. But when the attack was made on the
13th Jack had again eluded his pursuers. Has-
brouck's command, which had been again mounted,
was ordered to give chase toward the south, while
Mason remained in camp, and Perry's troop made a
88 Boyle was of opinion that in the fight of the 17th the Klamath scouts
gave their ammunition to the Modocs, but Applegate, who was in command,
strongly repelled the suspicion, and there was evidence enough of illicit com
merce with persons in or about Yreka.
HIST. OB., VOL. II. 40
626 THE MODOC WAR.
dash along the southern border of the lava-beds to
beat up Indians in ambush. A thorough scouting of
the whole region resulted in surprising a party of the
Cottonwood Creek band, killing one warrior and two
armed women, who were mistaken for warriors. All
the rest of the men escaped, leaving five women and
as many children, who were taken prisoners.
From these women intelligence was gained that
after the defeat at Sorass Lake two thirds of Jack's
following had deserted him, declaring a longer contest
useless, and that he had now no ability to fight except
in self-defence. At the last stormy conference Jack
had reluctantly consented to a cessation of hostilities,
and the advocates of peace had retired to their beds
among the rocks satisfied; but when morning came
they found their captain gone, with his adherents and
all the best horses and arms, as they believed, toward
Pit River Mountains. The intelligence that the Mo-
docs were roaming at will over the country caused the
adjutant-general of the militia of California to order
to be raised a company of fifty sharp-shooters, under
the captaincy of J. C. Burgess of Siskiyou county,
which was directed to report to Davis.
On the 20th of May, Hasbrouck brought his pris
oners in to headquarters, at Fairchild's farm, deliv
ering them to the general, who immediately despatched
two Indian women, Artena and Dixie, formerly em
ployed as messengers by the peace commissioners, to
find the remainder of the Cottonwood band and invite
them to come in and surrender without conditions.
Artena had no confidence that the Modocs would
surrender, because of their fear that the soldiers would
fall upon them and slaughter them in revenge for
their atrocities. But Davis succeeded in convincing
her that he could control his men, and she in turn,
after several visits, convinced the 'hesitating Indians
so far that they consented, especially as Davis had at
last sent them word that if they again refused they
SURRENDER OF THE WARRIORS, 627
would be shot down wherever found with a gun in
their hands.
About sunset on the 22d the cry was heard in
camp, "Here they come! Here they are!" Every
man started to his feet, and every camp sound was
hushed. In front of the procession rode Blair, the
superintendent of Fairchild's farm, who sharply eyed
the strolling soldiers. Fifty yards behind him rode
Fairchild; behind him the Modoc warriors, followed
by the women and children, all mounted, or rather
piled, upon a few gaunt ponies, who fairly staggered
under them. All the men wore portions of the
United States uniform, and all the women a motley
assortment of garments gathered up about the settle
ments, or plundered from the houses pillaged in the
beginning of the war. Both men and women had
their faces daubed with pitch, in sign of mourning,
giving them a hideous appearance. Among them
were the lame, halt, and blind, the scum of the tribe.
Slowly and silently they filed into camp, not a word
being uttered by any one. Davis went forward a
little way to meet them, when twelve warriors laid
down their Springfield rifles at his feet, these being
but about a third of the fighting strength of this band.
Among them, however, were Bogus Charley, Curly-
headed Doctor, Steamboat Frank, and Shacknasty
Jim, four notorious villains. When asked where were
Boston Charley and Hooker Jim, Bogus answered
that Boston was dead, and Hooker Jim was searching
for his body, neither of which stories was true. Con
scious of his deserts, Hooker was skulking outside the
guard, afraid to come in, but perceiving that the
others were unharmed, he finally presented himself at
camp by running at the top of his speed past the sol
diers and throwing himself on the floor of Davis's tent.
The surrendered band numbered sixty-five in all.
The captive Modocs now endeavored by their hu
mility and obedience to deserve the confidence of the
commander, and if possible to secure immunity from
628 THE MODOC WAR.
punishment for themselves, and Davis thought best
to make use of this truckling spirit in putting an end
to the war. From the information imparted by them
in several interviews, it was believed that Jack was
on the head- waters of Pit River with twenty-five war
riors and plenty of horses and arms, and it was deter
mined that a scouting expedition should take the field
in that direction. On the 23d of May, Jackson left
Fairchild's with his cavalry, marching by the Lost
River ford to Scorpion Point, where the artillery com
panies were encamped. On the 25th Hasbrouck
marched to the same rendezvous, Perry following on
the 28th, and with him went the expedition and dis
trict headquarters.
Three days previous to the removal of headquar
ters, the commander, with five soldiers, two citizens,
and four armed Modocs, made a reconnoissance of the
lava-beds, the Modocs behaving with the most perfect
fidelity, and convincing Davis that they could be
trusted to be sent on a scout. Accordingly, on the
27th, they were furnished with rations for four days,
and sent upon their errand. Soon they returned,
having found Jack east of Clear Lake, on the old im
migrant road to Goose Lake, preparing to raid Apple-
gate's farm on the night of the 28th.
Jackson's and Hasbrouck's squadrons, and the Warm
Springs scouts were at once ordered to Applegate's
and to take the trail of the Modocs toward Willow
Creek canon, a despatch being sent to notify the
troops en route from Fairchild's under Wheaton to
hasten and join headquarters at Clear Lake. Elabo
rate preparations were made for the capture, skirmish
lines being formed on each side of Willow Creek, and
all the prominent points in the vicinity held by de
tachments.
When all these preparations had been completed
for investing the Modoc camp, a number of the Indians
appeared, calling out to the officers that they did not
want to fight, and would surrender, when orders were
IN PURSUIT OF JACK. 629
given not to fire. Boston Charley then came forward
and gave up his arms, stating that the band were
hidden among the rocks and trees, but would surrender
if he were allowed to bring them in. At this moment
the accidental discharge of a carbine in the hands of
one of the scouts caused the Indians on the north
side of the creek to disappear; but Boston offered to
undertake gathering them in, if permitted to do so,
which permission was given by Green. It happened,
however, that after crossing to the other side of the
canon for that purpose, Boston was captured by Has-
brouck's troops coming up that side, and sent to the
rear under guard, and that Green did not become
aware of this fact for two hours, during which he
waited for Boston's return, and the Modoc warriors
escaped, though some women and children were
captured. It being too late to follow the trail of the
fugitives, the troops bivouacked for the night.
On the morning of the 30th Hasbrouck's scouts
discovered the trail on the north side of Willow Creek,
leading toward Langell Valley. Owing to the broken
surface of the country, it was not until late in the day
that the foremost of the troops under Jackson, who
had crossed the creek and joined in the pursuit,
reached the crest of the rocky bluff bounding Langell
Valley on the east, and where the Modocs were
discovered to be. When the skirmishers had advanced
to within gun-shot, Scarface Charley came forward
with several others, offering to surrender, and was
permitted to return to the band whom he promised to
bring in. Jack's sister Mary, being with the troops,
went with Scarface, as did also Cabaniss,89 to both of
whom Jack promised surrender in the morning. But
when morning came, true to his false nature, he had
again disappeared with a few of his followers.
The news of Jack's escape being sent to head
quarters, Perry was ordered, on the morning of the
89 Eureka West Coast Signal, March 1, 1876; Corr. Oregonian, June 3,. 1873.
630 THE MODOC WAR.
31st, to take guides and join in the pursuit.90 About
half-past one o'clock on the morning of June 1st
Perry struck Jack's trail five miles east of Apple-
gate's, and at half-past ten he was surrounded. He
came cautiously out of his hiding-place, glanced un
easily about him for a moment, then assuming a
confident air, went forward to meet Perry and the
officers present with him, Trimble, Miller, and De
Witt, with whom he shook hands. He apologized
for being captured by saying " his legs had given
out."91 The troops were all called in, and the world
was allowed to know and rejoice over the surrender
of this redoubtable chieftain to a military force of 985
regulars and 71 Indian allies.
The number of Jack's warriors at the outset was
estimated to be sixty. By the addition of the Hot
Creek band he acquired about twenty more. When
the Modocs surrendered there were fifty fighting men
and boys, over fifty women, and more than sixty
children. The loss on the side of the army was one
hundred in killed and wounded; forty-one being killed,
of whom seven were commissioned officers. Adding
the number of citizens killed, and the peace commis
sioners, the list of killed reached sixty-three, besides
two Indian allies, making sixty-five killed, and sixty-
three wounded, of whom some died. Thus the actual
loss of the army was at least equal to the loss of the
Modocs, leaving out the wounded; and the number of
white persons killed more than double.92
Now that Captain Jack was no more to be feared,
a feeling of professional pride caused the army to
make much of the man who with one small company
armed with rifles had baffled and defeated a whole
regiment of trained soldiers with all the appliances of
modern warfare. But there was nothing in the ap-
90 Henry Applegate, son, and Charles Putnam, grandson, of Jesse Apple-
gate, were the guides who led Perry to Jack's last retreat.
91 Annual Rtpt of Jeff. C. Davit, 1873.
82 The Yreka Union of May 17, 1873, makes the number of killed 71, and
wounded 67.
CAPTURE OF CAPTAIN JACK. 631
pearance of Jack to indicate the military genius that
was there. He was rather small, weighing about 145
pounds, with small hands and feet, and thin arms.
His face was round, and his forehead low and square.
His expression was serious, almost morose, his eyes
black, sharp, and watchful, indicating cunning, caution,
and a determined will. His age was thirty-six, and
he looked even younger. Clad in soiled cavalry pan
taloons and dark calico shirt, his bushy, unkempt hair
cut square across his forehead, reclining negligently
on his elbow on the ground, with a pipe between his
teeth, from which smoke was seldom seen to issue, his
face motionless but for the darting of his watchful
eyes, he looked almost like any other savage.93
As to the manner in which the war was protracted,
the cause is apparent. Had Wheaton been permitted
to build his mortar-boats, he would have shelled the
Modocs out of their caves as easily as did Gillem, and
it being winter, they would have had to surrender.
The peace commission intervened, the Modocs were
permitted to go where they would, and to carry all
the plans of the campaign to the stronghold to study
how to defeat them. The cutting-off of Thomas' com
mand could only have happened through a knowledge
of the intended reconnoissance. Davis' plan was to
occupy the lava-beds as the Modocs had, which was
a wise one, for as soon as they were prevented from
returning, it was only a matter of a few days' scout
ing to run them down.
There remains little to be told of the Modoc story.
The remainder of the band was soon captured. Ow
ing to the alarm felt after the massacre of the peace
93 Many laudatory descriptions of Jack appeared in print. See S. F. Call,
June 7, 1873; Portland Oregonian, June 3, 1873; Red Muff Sentinel, July 5,
1873. Sconchin was even more striking in appearance, with a higher frontal
brain, and a sensitive face, showing in its changing expression that he noted
and felt all that was passing about him. Had he not been deeply wrinkled,
though not over 45 years old, his countenance would have been rather pleas
ing Scarface, Jack's high counsellor, was an ill-looking savage; and as for
the others who were tried for murder, they were simply expressionless and
absolutely indifferent.
632 THE MODOC WAR.
commissioners and subsequent escape of the Indians
from the lava-beds, a battalion of three companies of
volunteers was organized by authority of Governor
Grover to keep open the road from Jacksonville to
Linkville, and to carry to the settlers in the Klamath
basin some arms and ammunition issued a month pre
vious, in anticipation of the failure of the peace com
mission, and which were stored at Jenny Creek, on
the road to Linkville; and Ross had his headquarters
in Langell A7alley.
Owing to the alarm of the settlers in Chewaucan,
Silver Lake, and Goose Lake valleys, Hizer's com
pany had marched out on the Goose Lake road, where
they were met by a company of fifty men from that
region under Mulholland, coming in for arms and am
munition. These, after being supplied, turned back,
and Hizer's company, reentering Langell Valley just as
Green's squadrons were scouting for Jack, joined in
the chase, and after Green had returned to camp on
the night of June 3d, captured twelve Modocs, among
whom were two of the most noted braves of the band.
Ross sent a telegram to Grover, who ordered him to
deliver them to the sheriff of Jackson county, and to
turn over the others to General Wheaton.
But news of the capture being conveyed to head
quarters at Clear Lake, an escort was sent to over
take the prisoners at Linkville and bring them back,
Lindsay of the volunteers surrendering them to the
United States officer under protest, upon being as
sured that Davis intended hanging those convicted of
murder. Such, indeed, was his design, having sent
to Linkville for witnesses, among whom were the
women of the Boddy family.94 Before the time ar-
94 Hooker Jim and Steamboat Frank admitted being of the party who
killed and robbed this family, relating some of the incidents, on hearing which
the two women lost all control of themselves, and with a passionate burst of
tears and rage commingled, dashed at Hooker and Steamboat, one with a
pistol and the other with a knife. Davis interposed and secured the weapons,
receiving a slight cut on one of his hands. During this exciting passage both
the Indians stood like statues, without uttering a word. S. F. Call, June 9.
1873.
RED TAPE AND FOOLISH MERCY. 633
rived which had been set for the execution, Davis
received such instructions from Washington as arrested
the consummation of the design.
This interference of the government, or, as it was
understood, of the secretary of the interior, so exas
perated certain persons whose identity was never dis
covered,95 that when seventeen Modoc prisoners were
en route to Boyle's camp at Lost River ford, in charge
of Fairchild, they were attacked and four of them
killed. The despatch which arrested the preparations
of Davis proposed to submit the fate of the Modocs
to the decision of the war office, Sherman giving it as
his opinion that some of them should be tried by
court-martial and shot, others delivered over to the
civil authorities, and the remainder dispersed among
other tribes. This was a sort of compromise with the
peace-commission advocates, who were still afraid the
Modocs would be harmed by the settlers of the Pa
cific frontier. So strong was the spirit of accusation
against the people of the west, and their dealings with
Indians, that it brought out a letter from Sherman,
in which he said: "These people are the same kind
that settled Ohio, Indiana, arid Iowa; they are as
good as we, and were we in their stead we should act
just as they do. I know it, because I have been one
of them."
The whole army in the field protested against delay
and red tape,96 but the Modoc apologists had their way.
95 Yreka reports charged this act upon the Oregon volunteers, though they
were not within 8 miles of the massacre. Two men only were concerned. A.
B. Meacham offered his aid to the secret service department to find the assas
sins. H. Ex. Doc., 122, 327, 43d cong. 1st sess.
96 ' I have no doubt of the propriety and the necessity of executing them
on the spot, at once. I had no doubt of my authority, as department com
mander in the field, to thus execute a band of outlaws, robbers, and murderers
like these, under the circumstances. Your despatch indicates a long delay of
the cases of these red devils, which I regret. Delay will destroy the moral
.effect which their prompt execution would have upon other tribes, as also the
inspiring effect upon the troops.' Telegram, dated June 5th, in //. Ex.
Doc., 122, p. 87, 43d cong. 1st sess. Davis referred here to the desire of
the troops to avenge the slaughter of Cauby and Thomas' command — a desire
which had animated them to endure the three days' fight in the lava-beds, and
the eleven days' constant scouting. Portland Oregonian, June 7, 1873.
634 THE MODOC WAR.
After wearisome argument and a decision by At
torney-general Williams,97 a military commission was
ordered for the trial of " Cap tain Jack and such other
Indian captives as may be properly brought before
it." Those who might be properly tried were named
by the war department as the assassins of Canby,
Thomas, and Sherwood, and " no other cases what
ever," notwithstanding Grover had telegraphed to
the department to turn over to the state of Oregon the
slayers of her citizens, whom the government refused
to try, or allow to be tried, thus saying in effect that
the victims had deserved their fate. At the same time
a petition was addressed to Secretary Delano, by E.
Steele, William H. Morgan, John A. Fairchild, and
H. W. Atwell, asking that Scarface Charley, Hooker
Jim, Bogus Charley, Steamboat Frank, Shacknasty
Jim, and Miller's Charley should be permitted to
remain in Siskiyou county, where it was proposed to
employ them on a farm near Yreka. Delano was
constantly in receipt of letters in behalf of the Modocs.
On the 14th of June the Modocs, 150 in number,
were removed to Fort Klamath, and imprisoned in a
stockade, after which a large force of cavalry, under
Green, and of infantry, under Mason, made a inarch
of 600 miles through eastern Oregon and Washington
to overawe those tribes rendered restless and threat
ening by the unparalleled successes of the Modocs.
On the 30th of June, in obedience to instructions
from Washington, Davis98 appointed a military com-
»7//. Ex. Doc., 122, 88-90, 43d cong. 1st sess.; 8. F. Call, June 9, 1873;
N. Y. Tribune, in Oregonian, June, 1873; N. Y. Herald, June 22, 1873.
98 Davis died Nov. 30, 1879. He was born in Ind., and appointed from
that state to West Point; commissioned 2d lieut 1st artillery June 17, 1848;
1st lieut Feb. 29, 1852; captain May 14, 1861; colonel 22d Ind. vols Aug.
1.3, 1861; brig. -gen. vols Dec. 18, 1861; brevet maj. March 9, 1862, for gal
lant and meritorious services at the battle of Pea Ridge, Ark. ; brevet lieut-col
May 15, 1864, for gallant and meritorious conduct in the battle of Resaca, Ga;
brevet col May 20, 1864, for gallant and meritorious services in the capture
of Rome, Ga; brevet maj. -gen. of vols Aug. 8, 1864; brevet brig.-gen. March
13, 1865, for gallant and meritorious conduct in the battle of Kenesaw moun
tain, Ga; brevet maj. -gen. for services in the battle of Jonesborough, Ga; and
colonel of the 23d infantry July 28, 1866. He came to the Pacific coast as com
mander of the department of Alaska, and was afterwards assigned to the de
partment of Oregon. Hamersly's Army Reg. for One Hundred Years, 1779-1879.
TRIAL OF THE MURDERERS. 635
mission, consisting of Colonel Elliott, captains Men-
denhall, Hasbrouck, and Pollock, and Lieutenant
Kingsbury. Major Curtis was appointed judge-ad
vocate. The trial began on the 5th of July. The
witnesses for the prosecution were Meacham, Dyar,
Eldery, Anderson, four of the Modocs who had turned
state's 'evidence, and the interpreters. Jack made
use of his witnesses only to try to fix the blame of
collusion upon the Klamaths. Three of his witnesses
alleged that the Klamaths assisted them, and that
Allen David had sent them messages advising them
to hostilities; but this, whether true or false, did not
affect their case. When he came to address the com
mission, he said that he had never done anything
wrong before killing General Cariby. Nobody had
ever said anything against him except the Klamaths.
He had always taken the advice of good men in
Yreka, He had never opposed the settlement of the
country by white people; on the contrary, he liked
to have them there. Jackson, he said, came to Lost
Eiver and began firing when he only expected a talk;
a'nd that even then he ran off without fighting. He
went to the lava-beds, not intending to fight, and did
not know that the settlers were killed until Hooker
Jim told him. He denied that Canby's murder was
concerted in his tent, accusing those whom General
Davis had employed as scouts. If he could, he would
have denied killing Canby, as in his last speech he did,
saying it was Shacknasty Jim who killed him.
"Only six of the Modocs were tried, and four were
hanged, namely, Jack, Sconchin, Black Jim, and Bos
ton Charley. 'Jack asked for more time, and said
that Scarface, who was a relative, and a worse man
than he, ought to die in his stead. Sconchin made
some requests concerning the care of his children
and said, although he did not wish to die, he would
suppose the judge had decided rightly. Black Jim
sarcastically 'remarked that he did not boast of his
good heart, but of his valor in war. He did not try
636 THE MODOC WAR.
to drag others in, as Jack had done, he said, and spoke
but little in his own defence. If it was decided that
he was to die, he could die like a man. Boston
Charley was coolly indifferent, and affected to despise
the others for showing any feeling. "I am no half
woman," he proclaimed. "I killed General Canby,
assisted by Steamboat Frank and Bogus Charley."
On the 3d of October the tragedy culminated, and
the four dusky souls were sent to their happy hunting-
ground, nevermore to be molested by white men."
By an order from the war department, the remainder
of the band were removed to Fort D. A. Russell in
Wyoming, and subsequently to Fort McPherson in
Nebraska, and lastly to the Quapaw agency in the
Indian Territory; but the lava-beds, which can never
be removed or changed, will ever be inseparably con
nected in men's minds with Captain Jack and the
Modocs in their brave and stubborn fight for their
native land and liberty — a war in some respects the
most remarkable that ever occurred in the history of
aboriginal extermination.
99 H. Ex. Doc., 122, 290-328, 43d cong. 1st sess.; S. F. Call. Oct. 4, 1873j
Red Bluff Sentinel, Oct. 11, 1873; S. F. Bulletin, Oct. 4, 13, 20, 1873.
CHAPTER XXIII.
POLITICAL. INDUSTRIAL, AND INSTITUTIONAL.
1862-1887.
REPUBLICAN LOYALTY— LEGISLATURE or 1862 — LEGAL-TENDER AND SPECIFIC
CONTRACT— PUBLIC BUILDINGS— SURVEYS AND BOUNDARIES— MILITARY
ROAD— SWAMP AND AGRICULTURAL LANDS— CIVIL CODE— THE NEGRO
QUESTION— LATER LEGISLATION— GOVERNORS GIBBS, WOODS, GROVER,
CHAD WICK, THAYER, AND MOODY— MEMBERS or CONGRESS.
ON the 9th of April, 1862, the republicans of Oregon
met in convention, and adopting union principles as
the test of fitness for office, nominated John R
McBride for representative to congress; Addison C.
Gibbs for governor; Samuel E. May for secretary of
state; E. N. Cooke, treasurer; Harvey Gordon, state
printer;1 E. D. Shattuck,2 S. C. judge from 4th judicial
1 Harvey Gordon was a native of Ohio, and a surveyor. He first engaged
in politics in 18(30, when he associated himself with the Statesman, to which
be gave, though a democrat, a decidedly loyal tone. He died of consumption,
at Yoncalla, a few months after his election, much regretted. Sac. Union,
July 1SG3.
a I have mentioned Shattuck in connection with the Pacific University.
He was born in Bakersiield, Dec. 31, 1824, and received a classical education
at. Burlington. After graduating in 1848, he taught in various seminaries
until 1851, when he began to read law, and was admitted to the bar in New
York city in Nov. 1852. Thence he proceeded to Oregon in Feb. 1853, teach
ing 2 years in the Pacific University. In 185G he was elected probate judge
in Washington co., in 1857 was a member of the constitutional convention, and
soon after formed a law partnership with David Logan; was a member of the
legislature in 1858, and held numerous positions of honor and trust from time
to°time. He was elected judge in 1862, and held the office five years; was
ajain elected judge in 1874, and held until 1878. He received a flattering
vote for supreme judge and U. S. senator. In every position Shattuck has
been a modest, earnest, and pure man. His home waj in Portland. Repre
sentative Men of Or., 158.
W. Carey Johnson was born in Ross co., Ohio, Oct. 27, 1833, and came to
Oregon with his father, Hezekiah, in 1845. After learning printing he studied
law and was admitted to practice in 1855. He was elected prosecuting attor-
(637)
638 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
district; W. Carey Johnson, prosecuting attorney of
the same; Joseph G. Wilson, prosecuting attorney for
the 3d judicial district, Andrew J. Thayer for the 2d,
and J. F. Gazley for the 4th.
The nominees of the anti-administration party were
A. E. Wait, who resigned his place upon the bench
to run for congressman ; John F. Miller for governor;
George T. Vining for secretary of state; J. B. Greer,
state treasurer; A. Noltner, state printer; W. W.
Page, judge from the 4th judicial district; prosecut
ing attorney of that district, W. L. McEwan.
The majority for all the principal union candidates
was over 3,000, with a corresponding majority for the
lesser ones.3 Gibbs was installed September 10th at
the methodist church in Salem, in the presence of the
legislative assembly.4 By act of June 2, 1859, the
official term of the governor began on the second
Monday of September 1863, and every four years
thereafter. This, being the day fixed for the meeting
of the legislature, did not allow time for the graceful
ney of Oregon City in 1858, city recorder in 1858, and prosecuting attorney for
the 4th district in 18G2. In 1865-G he held the position of special attorney
Tinder Caleb Gushing to investigate and settle the Hudson's Bay Co.'s claims.
In I860 he was elected state senator, and in 1882 ran for U. S. senator. He
resided in Oregon City, where he practised law. His wife was Josephine,
daughter of J. F. Devore.
3 Gibbs' Notes on Or. Hist., MS., 19; Tribune Almanac, 1863, 57; Or. Ar
gus, June 14, 1862; Or. Statesman, June 23, 1863.
* House: Jackson, Lindsey Applegate, S. D. Van Dyke; Josephine, J. D.
Fay; Douglas, R. Mallory, James Watson; Umpqua, W. H. Wilson; Coos
and Curry, Archibald Stevenson; Lane, V. S. McClure, A. A. Hemenway, M.
Wilkins; Benton, A. M. Witham, C. P. Blair; Linn, H. M. Brown, John
Smith, Wm M. McCoy, A. A. McCally; Marion, I. R. Moores, Joseph Engle,
C. A. Reed, John Minto; Polk, B. Simpson, G. WT. Richardson; Yamhill,
Joel Palmer, John Cummins; Washington, Ralph Wilcox; Washington and
Columbia, E. W. Conyers; Clackamas, F. A. Collard, M. Ramsby, T. K earns;
Multnomah, A. J. Dufur, P. Wasserman; Clatsop and Tillamook, P. W. Gil
lette; Wasco, O. Humason; speaker, Joel Palmer; clerks, S. T. Church,
Henry Cummins, Paul Cran dell; sergeant-at-arms, H. B. Parker; door-keeper,
Joseph Myers.
Senate: Jackson, J. Wagner; Josephine, D. S. Holton; Douglas, S. Fitz-
hugh; Umpqua, Coos, and Curry, J. W. Drew; Lane, James Munroe, C. E.
Chrisman; Benton, A. G. Hovey; Linn, B. Curl, D. W. Ballard; Marion,
John W. Grim, William Greenwood; Polk, William Taylor; Yamhill, John
R. McBride; Clackamas and Wasco, J. K. Kelly; Multnomah, J. H. Mitchell;
Washington, Columbia, Clatsop, and Tillamook, W. Bowlby; president, W.
Bowlby; clerks, S. A. Clarke, W. B. Daniels, Wiley Chapman; sergeant-at-
arms, R. A. Barker; door-keeper, D. M. Fields.
OFFICIALS OF 1863. 639
retirement of one executive before the other came
into office. Whiteaker took notice of this fault in legis
lation, by reminding the representatives, in his bien
nial message, that should it ever happen that there
should not be present a quorum, or from any cause
the organization of both branches of the legislature
should fail to be perfected on the day fixed by law,
the legislature could not count the vote for governor
and declare the election, and that consequently the
new governor could not be inaugurated. This, he
said, would open the question as to whether the gov
ernor elect could qualify at some future day. This
palpable hint was disregarded. The second Monday
in September fell on the 8th, the organization was
not completed until the 9th, and the inauguration
followed on the 10th, no one raising a doubt of the
legality of the proceedings. On the llth, nominations
were made in joint convention to elect a successor to
Stark, whose senatorial term would soon expire, and
Benjamin F. Harding of Marion county was chosen.5
5 The nominations made were B. F. Harding, George H Williams EL.
Applegate, 0. Jacobs, Thos H. Pearne, R. F. Maury, J. H Wilbur, A. Hoi-
brook, H. L. Preston, W. T. Mattock, H. W. Corbett, and John Whiteaker.
Says Deady: 'Benjamin F. Harding, or, as we commonly call him, Ben. Hard-
in^ is about 40 years of age, and a lawyer by profession. He was born in
eastern Pennsylvania, where he grew up to man's estate, when he drifted out
west and after a brief sojourn in those parts, came to Oregon in the summer
of 1850, and settled near Salem, where he has ever since resided He was
secretary of the territory some years, and has been a member of both state
and territorial legislatures. He was in the assembly that elected Nesmith
and Baker, and was principal operator in the manipulations that produced
that result. He is descended from good old federal ancestors, and of course
is down on this rebellion and the next one on general principles. Following
the example of his household, he grew up a whig, but entering the political
Held first in Oregon, where at that time democracy was much in vogue he
took that side, and stuck to it moderately until the general dissolution in I860.
He left the state just before the presidential election, and did not vote. 11
he had although rated as a Douglas democrat, the probability is he would
have voted for Lincoln. He is devoid of all ostentation or special accom
plishment, but has a big head, full of hard common sense and much of the
rare gift of keeping cool and holding his tongue. He is of excellent habits,
is thrifty, industrious, and never forgets No. 1. In allusion to his reputed
power of underground scheming and management among his cronies he has
long been known as " Subterranean Ben." ' Thomas H. Pearne, one of the as
pirants for the senatorial position, preacher, and editor of the Pacific Chris
tian Advocate, had, as could be expected, a large following of the methodist
church, which was a power, and the friendship of Governor Gibbs, who was
himself a methodist. But he had no peculiar fitness for the place, and re
ceived much ridicule from friends of Harding.
640 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
Strong union sentiments prevailing, disloyalty to
the federal government in any form was out of fash
ion. None but the loyal could draw money from the
state treasury. But the most stringent test was the
passage of an act compelling the acceptance of United
States notes in payment of debts and taxes, as well as
an act providing for the payment of the direct tax
levied by act of congress in August 186 1,6 amounting
to over $35,000, seven eighths of the annual revenue
of the state.7
The legal -tender question was one that occasioned
much discussion, some important suits at law, and con
siderable disturbance of the business of the Pacific
coast. The first impulse of a loyal man was to declare
his willingness to take the notes of the government at
par, and in Oregon many so declared themselves. The
citizens of The Dalles held a meeting and pledged
themselves to trade only with persons ''patriotic
enough to take the faith of the government at par."
The treasurer of Marion county refused to receive
legal-tenders at all for taxes ; while Linn received them
for county but rejected them for state tax; Clackamas
received them for both state and county tax; and Co
lumbia at first received and then rejected them.8 The
state treasurer refused to receipt for legal-tenders,
which subjected the counties to a forfeiture of twenty
per cent if the coin was not paid within a certain time.
In 1863, when greenbacks wrere worth forty cents on
a dollar, Jackson, Josephine, Douglas, Lane, Benton,
6 The internal revenue law took effect in August 18G2. Lawrence W. Coe
of The Dalles was appointed collector, and Thomas Frazier assessor. W. S.
Matlock was appointed U. S. depositary for Oregon to procure U. S. revenue
stamps. Or. Statesman, Aug. 11 and Nov. 3, 1862.
7 According to the message of Gov. Whiteaker, there were $40,314.06 in
the treasury on the 7th of Sept., 1862. To draw the entire amount due the
U. S. on the levy would leave a sum insufficient to carry on the state govt,
therefore $10,000 was ordered to be paid at any time when called for, and the
remaining $25,000 any time after the 1st of March, 1863; and the treasurer
should pay the whole amount appropriated in coin. Or. Statesman, Oct. 27,
1862.
8 S. F. Bulletin, Dec. 18, 1862; S. F. Alta, Nov. 18, 1862; Or. Argus,Dec.
6, 1862; Or. Statesman, Dec. 22, 1862; Or. Gen. Laws, 92.
THE GREENBACK QUESTION. 641
and Clatsop tendered their state tax in this currency,
which the state treasurer refused to receive. These
counties did not pay their taxes.
It was contended by some that the constitution of
Oregon prohibited the circulation of paper money.
It did, in fact, declare that the legislative assembly
should not have power to establish or incorporate any
bank ; and forbade any bank or company to exist in
the state with the privilege of making, issuing, or
putting into circulation any notes or papers to circu
late as money. Such a conflict of opinions could not
but disturb business.9
In an action between Lane county and the state of
'Place avarice and patriotism in opposition among the masses, and the
latter is sure in time to give way. Throughout all, California held steadily,
and loyally withal, to a metallic currency. Business was done upon honor;
but there were those both in California and Oregon who, if patriotic on no
other occasions, took advantage of the law to pay debts contracted at gold
prices with greenbacks purchased for 40 or 90 cents on a dollar with coin.
After much discussing and experimenting, Oregon finally followed the exam
ple of California. In California and Oregon no public banks had ever existed,
all being owned by private individuals, being simply banks of deposit,
where the proprietors loaned their own capital, and, to a certain extent, that
of their depositors. They issued no bills, and banked alone upon gold or its
equivalent. They therefore refused to receive greenbacks on general de
posit; and these notes were thrown upon the market to be bought and sold
at their value estimated in gold, exactly reversing the money operations of
the east. In New York gold was purchased at a premium with greenbacks;
in California and Oregon greenbacks were purchased at a discount with gold;
in New York paper money was bankable, and gold was not offered, being
withdrawn from circulation; in San Francisco and Portland gold only was
bankable, and paper money was offered in trade at current rates, and not de
sired except by those who had bills to pay in New York. In Jan. 18G3 the
bankers and business men of Portland met and agreed to receive legal-ten
ders at the rates current in San Francisco, as published from time to time in
the daily papers of Portland by Ladd and Tilton, bankers. The merchants
of Salem soon followed; then those of The Dalles. Finally the merchants
published a black-list containing the names of those who paid debts in legal
tenders, to be circulated among business men for their information. Or.
Statesman, Jan. 5, 1863; Portland Oregonian, Aug. 30, 1864; and bills of
goods were headed 'Payable in U. S. gold coin.' These methods protected
merchants in general, but did not keep the subject out of the courts. Able
arguments were advanced by leading lawyers to prove that the treasury notes
were not money, as the constitution gave no authority for the issuance of any
but gold and silver coin. To these arguments were opposed others, equally
able, that the government had express power to coin money, and that money
might be of any material which might be deemed most fit, as the word
' money ' did not necessarily mean gold, silver, or any metal. James Lick vs
William Faulkner and others, in Or. Statesman, Dec. 29, 1862. The supreme
court of California held that legal-tenders were lawful money, but that it did
not follow that every kind of lawful money could be tendered in the payment
of every obligation. Portland Oregonian, Aug. 30, 1864.
HIST. OB., VOL. II. 41
642 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
Oregon, the court, Judge Boise presiding, held that
the act of congress authorizing the issue of treasury
notes did not make them a legal tender for state taxes,
and did not affect the law of the state requiring state
taxes to be paid in coin. In another action between
private parties, the question being on the power of
congress to make paper a legal tender, the court ruled
in favor of congress. On the other hand, it was de-
O '
cided by Judge Stratton that the law of congress of
February 25, 1862, was unconstitutional. This law
made treasury notes a legal tender for all debts, dues,
and demands, which included the salaries of judges,
which were paid from the state treasury. Hence, it
was said, came the decision of a supreme judge of Ore
gon against the power of congress.
Turn and twist the subject as they would, the cur
rency question never could be made to adjust itself
to the convenience and profit of all; because it was a
war measure, and to many meant present self-sacri
fice and loss. For instance, when greenbacks were
worth no more than thirty or forty cents on the
dollar in the dark days of the spring of 1863, federal
officers in California and Oregon were compelled to
accept them at par from the government, and to pay
for everything bought on the Pacific coast at gold
prices, greatly advanced by the eastern inflation. The
merchants, however, profited largely by the exchange
and the advanced prices; selling for gold and buy
ing with greenbacks, having to some extent and for a
time the benefit of the difference between gold and legal
tenders. To prevent those who contended for the con
stitutionality of the act of congress from contesting
cases in court, California passed a specific contract
law providing for the payment of debts in the kind
of money or property specified in the contract, thus
practically repudiating paper currency. But it quieted
the consciences of really loyal people, who were un
willing to seem to be arrayed against the govern-
CURRENCY AND CAPITAL. 643
inent, and yet were opposed to the introduction of
paper currency of a fluctuating value.10
The Oregon legislature of 1864 followed the exam
ple of California, and passed a specific-contract law.
No money should be received in satisfaction of a
judgment other than the kind specified in such judg
ment; and gold and silver coins of the United States,
to the respective amounts for which they were legal
tenders, should be received at their nominal values in
payment of every judgment, decree, or execution. A
law was enacted at a special session of the legislature
in 1865, called to consider the thirteenth amendment
to the constitution of the United States, making all
state, county, school, and military taxes payable in
the current gold and silver coin of the government,
except where county orders were offered for county
taxes. This law removed every impediment to the
exclusive use of coin which could be removed under
the laws of congress, and was in accordance with the
popular will, which adhered to a metallic currency.
By the constitution of Oregon, requiring that at
the first regular session of the legislature after its
adoption a law should be enacted submitting the
question of the location of the seat of government to
the vote of the people, the assembly of 1860 had
passed an act calling for this vote at the election of
1862.11 The constitution declared that there must
be a majority of all the votes cast, and owing to the
fact that almost every town in the state received
some votes, there was no majority at this election;
but at the election of 1864 Salem received seventy-
nine over all the votes cast upon the location of the
capital, and was officially declared the seat of govern
ment. As the constitution declared that no tax
should be levied, or money of the state expended, or
10 See opinion of the supreme court of Cal. on the specific-contract act, in
Portland Ore.gonian, Aug. 20 and Sept. 2, 1864; Or. Statesman, July 22, 1864;
S. F. Alta, Jan. 29, 1868.
11 Or. Gen. Laws, 94; Or. Laws, 1860, 68-9.
644 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
debt contracted, for the erection of a state-house prior
to the year 1865, this decision of the long-vexed
question of the location of the capital was timely.
Ten entire sections of land had been granted to the
state on its admission to the union, the proceeds of
which were to be devoted to the completion of the
public buildings, or the erection of others at the seat
of government ; said lands to be selected by the gov
ernor, and the proceeds expended under the direction
of the legislature. Owing to the obstacles in the
way of locating the public lands, the public-buildings
fund, intended to be derived therefrom, had not yet
begun to accumulate in 1864, nor was it until 1872
that the legislature appropriated the sum of $100,000
for the erection of a capitol. It will be remembered
that the penitentiary building at Portland had from
the first been unnecessarily expensive, and ill-adapted
to its purpose, and that the state had leased the
institution for five years from the 4th of June, 1859,
to Kobert Newell and L. N. English.12
Governor Gibbs, in a special message to the legis
lature of 1862, proposed a radical change in the man
agement of the penitentiary.13 He suggested that
12Leven N. English, born near Baltimore, in March 1792, removed when
a child to Ky. He was a volunteer in the war of 1812, taking part in
several battles. On the restoration of peace he removed to 111., then a wilder
ness, where the Black Hawk war again called upon him to volunteer, this
time as capt. of a company. In 1836 he went to Iowa, where he erected a
flouring mill; and in 1845 he came to Oregon, settling near Salem. English's
Mills of that place were erected in 1846. On the breaking-out of the Cay use
war, English and two of his sons volunteered. He had 12 children by his
first wife, who died in 1851. By a second wife he had 7. He died March 5,
1875. San Jott Pioneer, Sept. 2, 1877; Trans. Or. Pioneer Asso., 1875-6.
13 As it was the practice of the lessees of the penitentiary to work the convicts
outside of the enclosure, the most desperate and deserving of punishment often
found means of escape. Twenty-five prisoners had escaped, twelve had been
pardoned in the last two years of Whiteaker's administration, and five had
finished the terms for which they were sentenced, leaving twenty-five still in
confinement. The crimes of which men had been convicted and incarcerated
in the penitentiary since 1853 were, arson 1, assault with intent to kill 15,
assault with intent to commit rape 1, rape 1, assisting prisoners to escape 3,
burglary 8, forgery 3, larceny 58, murder 1, murder in the second degree 12,
manslaughter 6, perjury 1, receiving stolen goods 1, riot 1, robbery 3, threat
to extort money 1, not certified 7 — 123, making an average of 13§ commitments
annually during a period of 9 years. For the period from Sept. 1862 to Sept.
1864 there was a marked increase of crime, consequent upon the immigration
from the southern states of many of the criminal classes, who thus avoided the
PENITENTIARY. 645
the working of convicts away from the prison grounds
should be prohibited, and a system of manufactures
introduced, beginning with the making of brick for
the public buildings; and advised the selection of
several acres of ground at the capital, and the
erection of temporary buildings for the accommodation
of the convicts. The legislature passed an act making
the governor superintendent of the penitentiary, with
authority to manage the institution according to his
best judgment. Under the new system the expenses
of the state prison for two years, from November 1,
1862, to September 1, 1864, amounted to $25,000,
about $16,000 of which was earned by the convicts.14
As soon as the seat of government was fixed, the legis
lature created a board of commissioners for the loca
tion of lands for the penitentiary and insane asylum, of
which board the governor was chairman ; and who pro
ceeded to select 147 acres near the eastern limits of the
town, having a good water-power, and being in all re
spects highly eligible.15 At this place were constructed
temporary buildings, as suggested by Governor Gibbs,
and during his administration the prisoners were re
moved from Portland to Salem. Under his successor
still further improvements were made in the condition
and for the security of the prisoners, but it was not until
1871 that the erection of the present fine structure was
begun. It was finished in 1872, at a cost of $160,000.J6
draft. In these 2 years 33 convicts were sent to the penitentiary, 12 for lar
ceny, 5 intent to kill, 4 burglary, 3 murder in the 1st degree, 2 manslaughter,
1 rape, 1 seduction, 1 arson, 1 receiving stolen goods. The county of Wasco
furnished just £ of these criminals, showing the direction of the drift. Or.
Journal House, 1864, ap. 35-53.
14 The warden who, directed by the governor, produced these satisfactory
results was A. C. K. Shaw, who, by the consent of the legislature, was subse
quently appointed superintendent by the governor.
15 The land was purchased of Morgan L. Savage, at $45 per acre, and the
water-power of the Willamette Wootten Manufacturing Company for $2,000.
George H. Atkinson was employed to visit some of the western states, and to
visit the prisons for the purpose of observing the best methods of building,
and laying out the grounds, with the arrangement of industries, and all mat
ters pertaining to the most approved modern penitentiaries. Or. Jour.
Home, 1865, ap. 7-12.
™GMJ Notes on Or. Hist., MS., 20-22: Or. Code, 1862, ap. 71-3; Or. Laws,
1866, 9o-8; Or. Legis. Docs, 1868, 7-10, 14; U. S. Ed tic. Kept, 548-57, 41st
cong. 3d sess. See description in Murphy's Oregon Directory, 1873, 197-8.
646 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
Previous to 1862 no proper provision had been
made for the care of the insane. The legislature in
vested Governor Gibbs with authority to select land
for the erection of an asylum at Salem, and to contract
for the safe-keeping and care of the patients; but the
state not yet being able to appropriate money for suit
able buildings, the contract was let to J. C. Hawthorne
and A. M. Loryea, who established a private asylum
at East Portland, where, until a recent date, all of
these unfortunates were treated for their mental ail
ments.17 It was not until about 1883 that the state
asylum, a fine structure, was completed.
The legislature of 1862 passed an act for the loca
tion of the lands donated to the state, amounting in
all to nearly 700,000 acres, besides the swamp-lands
donated by congress March 12, 1860, and Governor
Gibbs was appointed commissioner for the state to lo
cate all lands to which the state was entitled, and to
designate for what purposes they should be applied.18
A similar act had been passed in 1 860, empowering
Governor Whiteaker to select the lands and salt springs
granted by act of admission, by the donation act of
1850 for university purposes, and by the act of March
-12, 1860, donating swamp and overflowed lands to the
state, which the failure of the commissioner of the
general land-office to send instructions had rendered
inoperative. The legislature of 1860 had also provided
for the possessory and preemptory rights of the 500,-
000 acres donated to the state, by which any person,
17 In 1860 the insane in Oregon were twenty-three in number, or a per cent
of 0.438; in 1864 there were fifty-one patients in the asylum from a popula
tion of 80,000, giving a per cent of 0.638. The percentage of cures was 32.50.
Or. Jour. House, 1862, ap. 49; Or. Jour. Houw, 1864, ap. 7-8. In Sept.
1870 the asylum contained 122 persons, 87 males and 35 females. Of the
whole number admitted in 1870-2, over 42 per cent recovered, and 7 per cent
died. The building and grounds there were not of a character or extent to
meet the requirements of the continually increasing number of patients. Gov
ernor's message, in Portland Oregonian, Sept. 13, 1866; Nash's Or., 149; Or.
1 mane Asylum Rept, 18/2; Portland West Shore, March 1880. The number
of patients in 1878 was 233, of whom 166 were males. Rept of G. C. Strong,
Visiting Physician, 1878, 6.
18 Or. Code, 1862, 105-7; Zabriskie's Land Law, 659-63.
STATE LANDS. 647
being a citizen, or having declared his intention of
becoming such, might be entitled to, with the right
to preempt, any portion of this grant, in tracts not
less than 40 nor more than 320 acres, by having it
surveyed by a county surveyor; the claimants to pay
interest at the rate of ten per cent per annum upon
the purchase money, at the rate of $1.25 an acre, the
fund accruing to be used for school purposes. When
ever the government survey should be made, the
claimant might preempt at the general land-office,
through the agency of a state locating agent. By
this act the state was relieved of all expense in select
ing these lands; but Governor Whiteaker gave it as
his opinion that the act was in conflict with the laws
of the United States, in so far as the state taxed the
public lands, which opinion was sustained by the gen
eral land-office, as well as that the state could have
no control over the lands intended to be granted until
after their selection and approval at that office.19 The
act was accordingly repealed, after the selection of
about 22,000 acres, and another passed, as above
stated.
Much difficulty was experienced in finding enough
good land subject to location to make up the amount
to which the state was entitled for the benefit of com
mon schools and the endowment of an agricultural
college,20 on account of the neglect of the government
to have the lands surveyed, the surveys having been
19 Or. Jour. House, 1862. ap. 27; Or. Statesman, Sept. 15, 1862.
20 Or. Code, 1862, ap. 109-10. The U. S. law making grants to agricul
tural colleges apportioned the land in quantities equal to 30,000 ac/es for each
senator and representative in congress to \vhich the states were respectively
entitled by the apportionment of 1860. By this rule Oregon was granted
90,000 acres. Id., 60-4. The selections made previous to Gibbs' administra
tion were taken in the Willamette and Umpqua valleys. To secure the full
amount of desirable lands required much careful examination of the country.
The agricultural-college grant was taken between 1862 and 1864 in the Klam-
ath Valley, and a considerable portion of the common-school lands also.
Eastern Oregon, in the valley of the Columbia, was also searched for good
locations for the state. D. P. Thompson and George H. Belden were the
principal surveyors engaged in making selections. Belden made a complete
map of Oregon from the best authorities. Previous to this the maps were
very imperfect, the best being one made by Preston, and the earliest by J,
W. Trutch in 1855.
648 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
much impeded by Indian hostilities, and the high
prices of labor consequent on gold discoveries. Upon
the petition of the Oregon legislature, congress had
extended the surveying laws to the country east of
the Cascades, and preparations were making to extend
the base line across the mountains east from the Wil
lamette meridian, with a view to operations in the
county of Wasco and the settlements of Umatilla,
Walla Walla, John Day, and Des Chutes valleys.21
But congress failed to make an appropriation for the
purpose, contracts already taken were annulled, and
little progress was made for two years, during which
the squatter kept in advance of the surveys upon the
most valuable lands. During the year ending June
30, 1860, the service was prosecuted along the Co
lumbia River in the neighborhood of The Dalles, in
the Umatilla Valley, and also in the Klamath coun
try, near the California boundary, which was riot yet
established.
An act was passed by congress June 25, 1860, for
the survey of the forty-sixth parallel so far as it con
stituted a boundary between Oregon and Washington,
which work was not accomplished until 1864, although
the length of the line was only about 100 miles, from
the bend of the Columbia near Fort Walla Walla to
Snake River near the mouth of the Grand Rond
River.22 There was much delay in procuring the ser-
21 Land Off. Rept, 1858, 29-30.
2a While this matter was under consideration in congress, it was proposed
in the senate that a committee should inquire into the expediency of reunit
ing Washington to Oregon. Sen. Misc. Doc., 11, 36th cong. 2d sess., a prop
osition which, so far as the Walla Walla Valley was concerned, would
have been received with great favor by the state, the natural boundary of
which is indicated by the Columbia and Snake rivers. This was the boundary
fixed in the constitution of Oregon, from which congress had departed. A
motion was made in the legislature to annex at several different times. See Or.
Jour. House, 1865, 50-73; Memorial of Or. leg. in 1870. in U. S. H. Mine.
Doc., 23, i., 41st cong. 3d sess.; Or. Laws, 1870, 212-13; Or. Jour. Sen., 1868;
U. S. Son. Misc. Doc., 27, 42d coug. 3d sess.; Salem Statesman, Feb. 14, 1871;
Salem Mercury, March 18, 1871. As late as 1873 Senator Kelly introduced
a bill to annex Walla Walla county to Oregon, so as to conform the boundary
to that named in the constitutional convention. On the other hand, the peo
ple of Washington would have been unwilling to resign this choice region.
The matter was revived in 1875-6, when a committee of the U. S. house rep.
BOUNDARY SURVEYS. 649
vices of an astronomer and surveyor who would
undertake this survey for the small amount appro
priated, the country being exceedingly rough, and
including the crossing of the Blue Mountains.23 The
contract was finally taken by Daniel G. Major late in
18<H.24
By the time the northern boundary was completed,
the mining settlements of eastern Oregon demanded
the survey of the eastern boundary from that point
near the mouth of the Owyhee where it leaves Snake
River and continues directly south. The same ne
cessity had long existed for the survey of the 42d
parallel between California and Oregon, which was
not begun till 1867, when congress made an appro
priation for surveying the Oregon and Idaho boun
daries as well, Major again taking the contract.25
Owing to the continuous Indian wars in eastern Ore
gon, as late as 1867 it was necessary to have a mili
tary escort to protect the surveying parties and their
supply trains; and it often happened that the forces
could not be spared from the scouting and fighting
which kept them actively employed. But in spite of
these obstacles, in 1869 there had been surveyed of
the public lands in Oregon 8,368,564 out of the
60,975,360 acres which the state contained; the sur
veyed portions covering the largest areas of good lands
in 'the most accessible portions of the state; leaving
at the same time many considerable bodies of equally
reported favorably to the rectification of the Oregon boundary, but the change
was not made. If. Misc. Doc., 23, 44th cong. 2d sess.; Cong. Globe, 1875-
6, 300, 4710; //. Com. Kept, 7G4, 44th cong. 1st sess.
23 The amount provided was $4, 500. Sur. -gen. Pengra recommended J. W.
Perrit Huntington, a Connecticut man, an immigrant of 1849. After a brief res
idence in Oregon City he settled in Polk county, farming and teaching school,
but removing to Yoncalla subsequently, where he married Mary, a daughter
of Charles Applegate, and where he followed farming and surveying. He
was a man of ability, with some eccentricities of character. He was elected
to the legislature in" 1860, and was one of the most earnest of the republicans.
In 1862 he was appointed superintendent of Indian affairs, and again by An
drew Johnson in 1867. He died at his home in Salem June 3, 1869. Salem
Unionist, in Koaeburg Ensiyn, June 12, 1869; Deaden Scrap- Book, 29.
24 Land Off. Kept, 1864, 9; Portland Oreyonian, Oct. 13, 1864.
25 Or. Jour. House, 1864, 42; Or. Argu», June 22, 1863; Land Of.
1867, 113-14.
650 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
good land, which would at a later period be required
for settlement.26
The first sale of public lands in Oregon by procla
mation of the president took place in 1857. Only
ten or eleven thousand acres were sold, netting the
government little more than the expenses of survey
ing its lands in Oregon.27 The homestead law of
1862 conferred benefits on actual settlers nearly equal
to those of the donation law, though less in amount.
O
The later arrivals in Oregon had only begun to avail
themselves of its privileges, when the president again
offered for sale, in October 1862, 400,000 acres, by
which act the public lands were temporarily with
drawn from preemption and homestead privileges, and
preemptors were forced to establish their claims and
pay the price of their lands immediately in order to
secure them against the danger of being sold at auc
tion by the government. This was felt to be a hard
ship by many who had before the passage of the
homestead law been glad to preempt, but who now
were desirous of recalling their preemption and claim
ing under the homestead act; especially as the more
honest and industrious had put all their money into
improvements, and could only meet the new demand
by borrowing money at a high rate of interest. But
as only about 13,500 acres were sold when offered,
26 Land Off. Rept, 1869, 225. There were surveyed, up to June 1878,
21,127,862; there remaining of unsurveyed public lands and Indian reserva
tions 39,849,498 acres. In the remainder was included the state swamp-lands,
of which only a portion had been selected. U. S. 11. Ex. Doc., ix. 18, 45th
cong. 3d sess. Of the surveyed lauds, 139,597 acres were either sold or
taken under the homestead or timber-culture acts from June 30, 1877, to
July 1, 1878. Ibid., 146-160. Dept Ayric. Kept, 1874-5, 67; see also Zabris-
kie's Public Land Laws of the United State*, containing instructions for ob
taining lands, and laws and decisions concerning lands, where are to be found
many descriptions of the country, with the resources of the Pacific states,
collected from official reports. San Francisco, 1870. Compare U. S. II. Ex.
Doc., i. pt4, vol. iv., pti., 32-6, 156-60, 290-319, 452-8, 504-8, 41st cong.
3d sess.; U. 8. Sec. Int. Rept, pt i., 44, 58, 268-76, 42d cong. 2d sess.;
U. S. H. Ex. Doc., 170, x., 42d cong. 2d sess.; U. S. Sec. Int. Rept, pt i.
11, 16-17, 226-37, 280-99, 313-14; Salem Willamette Farmer, Aug. 2, 1873;
Salem Unionist, Dec. 17, 1866.
27 The expenses of the year 1857, for surveying the public lands, were
$11,746.66, and the returns from their sale, $13,233.82. Land Off. Kept,
1858, 43-9.
PUBLIC ROADS. 651
few claims could have lapsed to the government, even
if their preemptions were not paid up.
It is not surprising that during the public surveys
certain individuals should seize the opportunity to se
cure to themselves large bodies of land by appearing
to assume necessary enterprises which should only be
undertaken by the government; and it might be ques
tioned whether the legislature had a proper regard to
the interests of the state in encouraging such enter
prises. By an act of congress, approved July 2, 1864,
there were granted to the state, to aid in the construc
tion of a military wagon-road from Eugene City across
the Cascade Mountains by the way of the middle
fork of the Willamette, near Diamond peak, to the
eastern boundary of the state, alternate sections of
the public lands designated by odd numbers, for three
sections in width, on each side of said road. When
the legislature met, two months after the passage of
this act, it granted to what called itself the Oregon
Central Military Road Company all the lands and
right of way already granted by congress, or that
might be granted for that purpose; with no other pro
vision than that the lands should be applied exclu
sively to the construction of the road, and that it
should be and remain free to the U. S. government as
a military and post road. It was, however, enacted
that the land should be sold in quantities not exceed
ing thirty sections at one time, on the completion of
ten continuous miles of road, the same to be accepted
by the governor, the sales to be made from time to
time until the road should be completed, which must
be within five years, or, failing, the land unsold to re
vert to the United States.28
What first called up the idea was the report of
Drew on his Owyhee reconnaissance in 1864, showing
that a road might be made from Fort Klamath to the
28 Or. Jour. Sen., 1864; Special Laws, 36-7; Jacksonville Sentinel, May 3,
1864; Zabriskie's Land Laws, 636-7.
652 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
Owyhee mining country at no great expense, and pass
ing through a region rich in grass, timber, minerals,
and agricultural lands. The grant amounted to 1,920
acres for each mile of road built, less the lands already
settled on. The distance was about 420 miles. Of
this enormous grant, exceeding all granted to the
state on its admission to the union by 150,000 acres,
excepting the swamp-lands, whose extent was un
known, about one half, it was expected, would be
available. At the minimum price of $1.25 an acre,
the one half would amount to $1,008,000. Along the
first twenty miles of the road, from Eugene City to
the Cascade Mountains, the best lands were taken up;
upon representing which to congress, other lands were
granted in lieu of those already claimed, to be selected
from the public lands. The law allowed a primary
sale of thirty sections, or 19,200 acres, with which to
begin the survey, which land was offered for sale in
March 1865. With its own and the capital accruing
from sales of land and stock, the company — consisting
at first of seventeen incorporators29 — pushed the road
to the summit of the Cascade Mountains in the
autumn of 1867. This was the most difficult and ex
pensive portion of the work, and though by no means
what a military road should be, was accepted by the
governor. It was never much used, and was almost
entirely superseded in 1868 by a wagon-road from
Ashland to the Klamath Basin, by the old Scott and
Applegate pass of the Cascades, discovered in 1846.
A few months after the act authorizing a road
through their country, Huntington, superintendent of
Indian affairs, succeeded in treating with the Klamath
and Modoc tribes, and a portion of the Shoshones, by
29 W. H. Hanchett, Martin Blanding, A. W. Patterson, J. G. Gray, E.
F. Skinner, Joel Ware, D. M. Rlsdon, S. Ellsworth, J. B. Underwood, A. S.
Patterson, T. Mulhollan, Harvey Small, A. S. Powers, J. L. Bromley, J. H.
McClung, Henry Parsons, and B. J. Pengra. Their capital stock was first
$30,000, but subsequently raised to $100.000; shares $2oO each. Forpartieu-
lai's, see Peiigru's Rept Or. Cent. Military Hood, a pamphlet of 63 pages, ad
vertising the enterprise and giving a description of the country. Eugene City
Journal, July 14, 21, 28, and Aug. 4, 11, 1866; S. F. Bulletin, Sept. 20, 1865.
RESERVATIONS. 653
which a reservation was set off, of a considerable ex
tent of country between the point where any road
crossing the mountains near Diamond peak must strike
the plains at their eastern base and Warner's Moun
tain. The right of the government to lay out roads
through the reservation was conceded by the Indians,
but it was not in contemplation that the government
should have the power to grant any of the reserva
tion lands to any company constructing such a road;
the treaty having been made before the company was
formed. Nevertheless, as the survey of the reserva
tion lands proceeded, which was urged forward to en
able the company to secure its lands, the odd sections
along the line of the military road where it crossed the
reservation were approved to the state to the extent of
over 93,000 acres. The Indians, or their agents, held,
very properly, that their lands, secured to them by
treaty previous to the survey of the military road, were
not public lands from which the state or the company
could select; and also that the state would have no
right to violate the conditions of the treaty by bring
ing settlers within the limits of the reservation. By
an act amendatory of the first act granting the lands
to the state, congress indemnified the state, and
through the state the company, by allowing the defi
cit to be made up from other odd sections not reserved
or appropriated within six miles on each side of the
road.30 The Oregon Central Military Road Company,
after doing what was necessary to secure their grant,
and finding it inconvenient to be taxed as a private
corporation on so large an amount of property that had
never been made greatly productive, sold its lands to
the Pacific Land Company of San Francisco, in 1873,
30/wd. Aff. Kept, 1874, 75; Cong. Globe, 1866-67, pt iii., app. 179, 39th
cong. 2d sess. It would seem from the fact that in 1878-9 a bill was before
congress asking for a float on public lands in exchange for those embraced
within the reservation and claimed by the 0. C. M. R. Co., that the bill of
1866 was not intended to indemnify for these lands, though the language is
such as to lead to that understanding. The bill of 1878-9 did not pass; and
if the first is not an indemnity bill, then the Indian lands are in jeopardy. S.
F. Chadwick, in Historical Correspondence, MS.; Ashland Tidings, Feb. 14,
1879; S. F. Bulletin, July 11, 1872.
654 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
and thus this magnificent gift to the state passed with
no adequate return into the hands of a foreign private
corporation.
In the matter of the swamp-lands, nothing was
done to secure them during a period of ten years,81 it
being held that the right to them had lapsed through
neglect, and Gibbs having had enough to do to secure
the other state lands. George L. Woods, who in 1866
succeeded Gibbs as governor, made some further se
lections for school purposes. Not all of his selections
had been approved when, in 1870, L. F. Grover was
elected governor. The agricultural-college lands which
had been selected in the Klamath Lake basin had
been declared not subject to private entry by the land-
office at Roseburg, within which district the lands lay,
and that office had refused to approve the selection.
The Oregon delegation in congress procured the pas
sage of an act confirming the selections already made
by the state where the lists had been filed in the proper
land-office, in all cases where they did not conflict
with existing legal rights, and declaring that the re
mainder might be selected from any lands in the state
subject to preemption or entry under the laws of the
United States; with the qualification that where the
lands were of a price fixed by law at the double mini
mum of $2.50, such land should be counted as double
the quantity towards satisfying the grant. This was
followed by the establishment of another land-office,
called the Link tor. district, in the Klamath country,
and the approval of the agricultural-college selections.3'2
The internal improvement grant33 was also fully se-
81 The legislature in 1870 memorialized congress for an extension of time
for locating the salt-lands grant. Or. Jour. Sen., 1870, 211; U. S. Misc. J)oc.,
20, i., 41st cong. 3d sess. ; but it was permitted to lapse. Message of Gov.
Thayer, 1882, 19.
32 Grover' s Message, 1872, p. 12-13; Cong. Globe, 1871-2, app. 702; Zabris-
kie's Land Laws, sup. 1877, 27, 73.
33 See Appendix to Governor's Mesmr/efor 1872, which contains the official
correspondence on the confirmation of the state lands, and is an interesting
document; also Jackonttville Sentinel from Oct. 14 to Dec. 9, 1871.
SWAMP LANDS. 655
cured to the state during the administration of Gov
ernor Grover.
From the time when the swamp-land grant was
supposed to have lapsed through neglect, as decided
by Whiteaker, and apparently coincided in by his suc
cessors, up to August 1871, no attention was given to
the subject. Grover, however, gave the matter close
scrutiny, and discovered that the same act which re
quired the state to select the swamp-lands then sur
veyed within two years from the adjournment of the
legislature next following the date of the act and
which requirement had been neglected, also declared
that the land thereafter to be surveyed should be
chosen within two years from the adjournment of the
legislature next following a notice by the secretary of
the interior to the governor that the surveys had been
completed and confirmed. No such notice having
been given, the title of the state to the swamp-lands
was held to be intact, and a complete grant and inde
feasible title were vested in the state by the previous
acts of congress, which could not be defeated by any
failure on the part of the United States to perform
an official duty. The small amount of swamp-lands
surveyed in 1860, and which were lost by neglect,
could' not much affect the grant should it never be re
covered. - ^
In pursuance of these views, the legislature of 1870
passed an act providing for the selection and sale of
the swamp and overflowed lands of the state. Lhis
act made it the duty of the land commissioner for
Oreo-on, to wit, the governor, to appoint persons to
make the selections of swamp and overflowed lands,
and make returns to him, when they would be mapped,
»« The first clause of this sentence is a quotation from a letter of Governor
Grover to the secretary of the interior, dated Nov 9, 1871, a year after the
nassaffe of the act but only three months after ascertaining from W. H. Udell,
f^eTfurveyor-general an/ successor to E. L. Applegate, that no correspond
ence whateyverbwas on file in the surveyor-general's office concerning the
swamp-lands. Therefore the legislature must have passed a n act mpursu-
Lice of information received nine months after its passage, bee Or. Goiernor «
Message, app., 1872, 21-32; Or. Laws, 1870, 64-7.
656 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
described, and offered for sale at not less than one
dollar per acre; twenty per cent of the purchase
money to be paid within ninety days after the publi
cation of a notice of sale, and the remainder when the
land had been reclaimed. Reclamation was defined
to consist in cultivating on the land in question for
three consecutive years either grass, cereals, or vege
tables, on proof of which the remainder of the purchase
money could be paid, and a patent to the land ob
tained, provided the reclamation should be made within
ten years. No actual survey was required, but only
that the tract so purchased should be described by
metes and bounds; therefore, the twenty per cent
which constituted the first payment was a conjectural
amount. The law had other defects, which operated
against the disposal of the lands to non-speculative
purchasers who desired to obtain patents and have
their titles settled at once. It was discovered, also,
in the course of a few years, that draining the land,
which the law required, destroyed its value. The
law simply gave the opportunity to a certain class and
number of men to possess themselves of large cattle-
ranges without anything like adequate payment.
The intention of the original swamp-land act of
congress, passed September 28, 1850, was to enable a
state subject to overflow from the Mississippi River
to construct levees and drain swamp-lands. The
benefits of this grant were afterwards extended to
other states, including Oregon. But Oregon had no
rivers requiring levees, and, strictly speaking, no
swamp-lands. It had, indeed, some small tracts of
beaver-dam land, and some more extensive tracts sub
ject to annual overflow, on which the best of wild
grasses grew spontaneously. To secure these over
flowed lands, together with others that were not sub
ject to inundation, but could be embraced in metes
and bounds, was the purpose of the framers and friends
of the swamp-land act of 1870 in the Oregon legisla-
LAND SPECULATORS. 657
ture.85 It was a flagrant abuse of the trust of the
people conferred upon the legislative body, and of the
powers conferred upon the officers of the state by the
constitution.36 It was a temptation to speculators,
who rapidly possessed themselves of extensive tracts,
and enriched themselves at the expense of the state,
besides retarding settlement.
One effect of the swamp-land act was to bring in
conflict with the speculators actual settlers who had
squatted upon some unsurveyed portions of these
lands, and cultivated them under the homestead law.
If it could be proved that the land settled on belonged
to the state under the swamp-land act, the settler
was liable to eviction. Wherever such a conflict ex
isted, appeal was had to the general land-office, the
case was decided upon the evidence, and sometimes
worked a hardship, which was contrary to the spirit
and intention of the government in granting lands to
the state.
The legislature of 1872 urged the Oregon delega
tion to secure an early confirmation of title, no patent,
however, being required to give the state a title to
what it absolutely owned by law of congress. It also
passed an act to provide for the sale of another class
35 It was said that some of the members who took an active part in the
passage of the bill had prepared their notices and maps to seize the valuable
portions of the swamp-lands before voting on it. Two members made out
their maps covering the same ground, and it depended on precedence in filing
notices who should secure it. One of them called on the secretary after night
fall to file his notice and maps, but was told that the governor had not yet
signed the bill, on which he retired, satisfied that on the morning he could
repeat his application successfully. The bill was signed by the governor that
evening, and his rival, who was more persistent, immediately presented his
notice and maps, which being filed at once, secured the coveted land to him.
Jacksonville Sentinel, Dec. 16, 1871; Sarramento Union. Jan. 15, 187*2. See
remarks on swamp-lands, in Gov. ChadwicUs Message, 1878, 35-40.
80 The board of swamp-land commissioners consisted of L. F. Grover, gov
ernor, S. F. Chadwick, secretary, L. Fleischner, treasurer, and T. H. Cann,
clerk of the state land department. Section 6 of the swamp-land law de
clares that, 'as the state is likely to suffer loss by further delay in taking pos
session of the swamp-lands within its limits, this act shall take effect and be
in force from and after its approval by the governor; provided, that in case
the office of commissioner of lands is riot created by law, the provisions of
this act shall be executed by the board of commissioners for the sale of school
and university lands' — that is, the above-named officers of the state. Or.
Laws, 1870, 56-7.
HIST. OB., VOL. II. 42
658 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
of overflowed lands on the sea-shore; and another
act appropriating ten per cent of all moneys received
from the sale of swamp, overflowed, and tide lands to
the school fund.
The swamp-lands which offered the greatest induce
ment to speculators were found in the Klamath Lake
basin, which was partially surveyed in 1858. A re-
survey in 1872 gave a greatly increased amount of
swamp-land, and changed the character of the surveys
materially.37 This was owing to a decision of the
supreme court of the United States, that the shores
of navigable waters, and the soils under them, were
not granted by the constitution to the United States,
but were reserved to the states respectively.38 The
amount selected and surveyed as swamp-land in 1874
was nearly 167,000 acres. In 1876 it was over 300,-
000, with a large amount remaining unsurveyed. A
considerable proportion of these selections were made
in the Linkton district, about Lower Klamath, Tule
Goose, and Clear lakes, and about the other numerous
lakes in south-eastern Oregon, and they led finally to
the settling-up of that whole region with stock-raisers,
who, when they have exhausted the natural grasses,
will dispose of their immense possessions to small farm
ers who will cultivate the soil after purchasing the
lands at a considerable advance on the price paid by
the present owners.
As late as 1884, swindling schemes on a vast scale
* O
were still being attempted.39 The history of the land
grants shows that the intention of congress was to
benefit the state, and encourage immigration, but these
benefits were all diverted, bringing incalculable injury
to the community. Seldom was a demand of the
legislature refused.40 In 1864 congress passed an act
37 Or. Law*, 1872, 129-33, 220-21 , 128-9; U. S. Sen. Misc. Doc., 22, 42d cong.
3d sess; Portland Ore.yonian, Jan. 27, 1873; Rept See. Int., 1S73, 2i>3-35, 2o7-93.
38 See Or. Leyisl. Docs, 1874, p. 17-18; 8. F. Examiner,Qct. 18, 1814; Salem
Mercury, Feb. 5, 1875; Albany State Rights Democrat, Jan. 22, 1875.
39 See S. F. Chronicle, Feb. 29, 1884.
40 In 1864 the U. S. senate com. on land grants refused a grant of land to
construct a road from Portland to The Dalles. Sen. Com. Rept, 34, 38th cong.
1st sess.
DONATION CLAIMS. 659
amending the act of September 27, 1850, commonly
called the donation law, so as to protect settlers who
had failed to file the required notice, and allowing
them to make up their deficiencies in former grants.
A large amount of land was taken up under this act.41
In the same manner the state was indemnified for the
school lands settled upon previous to the passage of
the act donating the sixteenth and thirty-sixth sec
tions for the support of schools. In 1876 congress
passed an act for the relief of those persons whose
donation claims had been taken without compensation
for military reservations, which reservations were
afterward abandoned as useless. The settlers who
had continued to reside on such lands were granted
patents the same as if no interruption to their title
had occurred.
According to the act of admission, five per cent of
the net proceeds of sales of all public lands lying within
the state which should be sold after the admission of
the state, after deducting the expenses incident to the
sales, was granted to the state for the construction of
public roads and improvements. The first and only
public improvement made with this fund was the con
struction of a canal and locks at the falls of the Wil
lamette River opposite Oregon City, begun in 1870
and completed in 1872. After this use of a portion of
the public-improvement fund, the five-per-cent fund
was diverted from the uses indicated by law, and by
consent of congress converted to the common-school
fund, to prevent its being appropriated to local schemes
of less importance to the state.42
"Zabriskie's Land Laws, 636-7; Portland Or. Herald, Feb. 28, 1871; Sec.
Int. Kept, 77-86, 44th cong. 1st sess.
42 Or. Laws, 1870, 14; Governor's Message, app., 1872, 73-4; Deady't
Hist. Or., MS., 52; Portland Standard, Jan. 7, 1881. The first embezzle
ment of public money in Oregon was from the five-per-cent fund, amounting
to $5,424.25. The drafts were stolen by Sam. E. May, secretary of state, and
applied to his own use. Or. Governor's Message, app., 79-113; Wood*' Recol
lections, MS., 7-9. It was this crime that brought ruin on Jesse Applegate,
one of the bondsmen, whose home was sold at forced sale in 1883, after long
litigation. S. E. May was a young man of good talents and fine personal ap
pearance, though with a skin as dark as his character, aud which might
easily have belonged to a mulatto or mestizo.
660 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
The same disposition was made of the fund arising
from the sale of the 500,000 acres to which the state
was entitled on admission, by the act of September 4,
1841. When the state was organized, the framers of
the constitution offered to take this grant in addition
to the common-school lands, instead of for public im
provements ; but on accepting the Oregon constitu
tion, congress said nothing concerning this method of
appropriating the lands, from which it was doubtful
whether the law of congress or the law of the state
should govern in this case. But as the lands belonged
absolutely to the state, it was finally decided to devote
them to school purposes.
By 1885 half of the 500,000-acre grant was sold,
and the remainder, most of which was in eastern Ore
gon, was, some time previous, offered at two dollars
an acre. From this, and the sale of the sixteenth and
thirty-sixth sections, the five-per-cent fund, money
accruing from escheats, forfeitures, and all other
sources provided by law, the school fund amounted in
1881 to about $600,000, which was loaned on real estate
security at ten per cent per annum. The number of
acres actually appropriated by congress for common
schools amounted to 3,250,000, of which about 500,-
000 had been sold, the minimum price being $1.25
an acre.43
The legislature of 1868 passed an act creating a
board of commissioners for the location of the 90,000
acres appropriated by congress for agricultural col
leges, and to establish such a college. By this act a
school already existing at the town of Corvallis was
adopted as the Agricultural College, in which students
sent under the provision of the act should receive a
43 Portland Standard, Jan. 7, 1881. The fund does not seem proportioned
to the amount of land. At the lowest price fixed by law, the lands sold must
have aggregated $925,000 up to the date just mentioned. Out of this, after
taking the cost of the canal and locks at Oregon City, $200,000, there would
be a considerable amount to be accounted for more than should be credited to
the aqcount of expenses. But the figures are drawn from the best authority
obtainable.
SCHOOL LANDS. 661
collegiate education in connection with an agricultural
one. Each state senator was authorized to select one
student, not less than sixteen years of age, who
should be entitled to two years' tuition in this college;
and the president of the college was permitted to draw
upon the state treasurer for eleven dollars and twenty-
five cents per quarter for each student so attending;
the money to be refunded out of the proceeds of the
agricultural lands when selected.
This was done because the act of congress making
grants for the establishment of state colleges of
agriculture required these schools to be in operation
in 1867. The time was subsequently extended five
years. Meanwhile the board of commissioners, John
F. Miller, I. H. Douthit, and J. C. Avery, proceeded 44
to locate the agricultural-college lands, chiefly in
Lake county. In 1881, 23,000 acres had been sold
at $2.50 an acre, giving a fund of $60,000 for the sup
port of the agricultural department of this school.
Of the state-university lands, about 16,000 acres re
mained unsold in 1885 of the 46.000 acres belonging
to this institution. This remainder, located in the
Willamette Valley, was held at two dollars an acre.
An act locating the state university at Eugene City
was passed by the legislature of 1872. The people of
Lane county, in consideration of the location being
made in their midst, made a gift to the state of the
grounds necessary, and the building erected upon it,
44 No building was erected, nor was the location of the college secured to
Corvallis. By simply adopting the Corvallis institution as it stood, a great
difficulty was removed, and expense saved, while the land grant was secured.
Twenty-two students were entered in 1868. In 1871 the people of Bentonco.
presented 35 acres of land to the college to make a farm, on which the agricul
tural students labored a short time each day of the school-week, receiving com
pensation therefor. Wheat and fruit were cultivated on the farm; fertilizers
are tested, and soils analyzed. Lectures are given on meteorology, botany,
fruit-culture, chemistry, and assaying. The building was enlarged, and the
apparatus increased from time to time, with collections of minerals. The farm
was valued at $5,000, the buildings at $6,000. In 1876 about 100 students
took the agricultural course, all of whom were required to perform a small
amount of labor on the farm, and to practise a military drill. The state
makes an annual appropriation of $5,000 toward the current expenses of the
college. Dept Affric. Rf.pt, 1871-2, 325; 1875, 397, 492; Or. Laws, 1868,
40-4]; Or. Legist. Docs, 1870, app. 12-16; Or. Laws, 1872, 133-5; Govern
or's Messaye, 1872, 12-13; Portland West Shore, Oct. 1880.
662 ' POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
amounting in value to $52,000. The university school
was opened in 1876, when the fund arising from the
sale of its lands reached $75,000, nearly $10,000 of
which sum arose from sales of the Oregon City claim,
previous to the legislative act which restored that prop
erty to the heirs of John McLoughlin.45
The land appropriated to the erection of public
buildings having been all sold arid the funds applied
to these purposes, there remained, in 1885, unsold of
the state lands of the above classes some three mil
lion acres, then held at from $1.25 to $2.50 an acre,
besides such of the swamp-lands as might revert to the
state, the tide and overflowed lands of the sea-shore,
and the salt-springs land. Owing to the greater ease
with which the level lands were cultivated, the prairies
wrere first selected, both by private claimants and
government agents.46 The principal amount of the
state lands still unsold in 1885 were the brush lands
of the foot-hills and ridges of western Oregon, the
timbered lands of the mountains, arid the high table
lands of eastern Oregon, which, compared with the
fertile and level valley lands of the state, were once
esteemed comparatively valueless. This, however,
was a hasty conclusion. The brush lands, when
cleared, proved to be superior fruit lands; the high
plateaus of eastern Oregon, owing to a clayey soil not
found in the valleys, produced excellent wheat crops,
and the timbered lands were prospectively valuable
for lumber. In fact, it became necessary for the gov
ernment, in 1878, to impose a fine of from $100 to
$1,000 for trespassing on the forest lands, for their
protection from milling companies with no right to
the timber. At the same time the government of-
45 Or. Laws, 1872, 47-53, 96-7; AWt's Or., 162; Victor's Or., 178. Much
information may be gleaned concerning the status of schools and the condition
of the public funds from Or. School Land Safes lie.pt, 1872; Or. Legld. Docs,
1868, doc. 4, 41-3.
46 1 find the principal statements here set down collected by the clerk of
the board of land commissioners, M. E. P. McCormac, for the Portland Stan
dard, Jan. 7, 1881; AsJdcind Tidings, Jan. 29, 1877; Sac. Union, Jan. 15, 1872;
8. F. Post, Sept. 9, 1873.
CIVIL CODE. 663
fered to sell its timber, in tracts of 160 acres, at $2.50
an acre; and lands containing stone quarries at the
same price. The total number of acres of timber in
the state is estimated at 761,000, or a little over
thirty-one per cent of the whole area.?
"As it 'Became a known fact that the cultivation of
timber tended to produce a moisture which was lack
ing in the climate and soil of the high central plains,
congress passed an act by the provisions of which a
quarter-section of land might be taken up, and on a
certain portion of it being planted with timber, a pat
ent might be obtained to the whole. Under this act,
passed in 1873 and amended in 1874. between 18,000
and 19,000 acres were claimed in the year ending-
July 1, 1878, chiefly in eastern Oregon; while in the
same year, under the homestead act, nearly 86,000
acres were taken up,47 the whole amount of govern
ment land taken in Oregon in 1878 being 139,597
acres. The rapid settlement of the country at this
period, together with the absorption of the public
lands by railroad grants, seems likely soon to termi
nate the possessory rights of the government in Ore
gon, the claims of settlers still keeping in advance of
the United States surveys.
To the legislature of 1862 was submitted a Code of
Civil Procedure, with some general laws concerning
corporations, partnerships, public roads, and other
matters, prepared by a commission consisting of
Deady, Gibbs, and Kelly, which was accepted with
some slight amendments; and an act was then passed
authorizing Deady to complete the code and report
at the next session. This was done, and the code
completed was accepted in 1864, but four members
voting against it on the final ballot, and they upon
the ground of the absence of a provision prohibiting
47 H. Ex. Doc., i., pt 5, 146-60, 45th cong. 3d sess.; Victor's Or., 98;
NasVs Or., 163; Nordhoff, N. Col., 211; Def>t Agric. Sept, 1875, 331; Ash
land Tidings, Nov. 16, 1877; Cong. Globe, 1876-7, 137; 1877-8, 32.
664 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
persons other than white men from giving evidence
in the courts.
The subject of the equality of the races had not
lost its importance. The legislature of 1862, accord
ing to the spirit of the constitution of Oregon, which
declared that the legislative assembly should provide
by penal codes for the removal of negroes and mulat-
toes from the state, and for their effectual exclusion,
enacted that each and every negro, Chinaman, Ha
waiian, arid mulatto residing within the limits of the
state should pay an annual poll-tax of five dollars, or
failing to do so should be arrested and put to work
upon the public highway at fifty cents a day until the
tax and the expenses of the arrest and collection
were discharged.48
By the constitution of Oregon, Chinamen not resi
dents of the state at the time of its adoption were
forever prohibited from holding real estate or mining
claims therein. By several previous acts they had
been "taxed and protected" in mining as a means of
revenue, the tax growing more oppressive with each
enactment, and as the question of Chinese immigra
tion49 was more discussed, the law of 1862 being in
tended to put a check upon it. All former laws
relating to mining by the Chinese having been re
pealed by a general act in 1864, the legislature of
1866 passed another, the general features of which
were that no Chinamen not born in the United
480r. Gen. Laws, 1845, 64; Or. Code, 1862, app. 76-7.
49 Since the Chinese question is presented at length in another portion of
this work, it will not be considered in this place. In Oregon, as in California,
there was much discussion of the problem of the probable effect of Chinese
immigration and labor on the affairs of the western side of the continent; and
occasionally an outbreak against them occurred, though no riots of importance
have taken place in this state. During the period of railway building they
were imported in larger numbers than ever before. The Oregon newspapers
have never earnestly entered into the arguments for and against Chinese im
migration, as the California papers have done. The Or, Deutsche Zeituny has
published some articles in favor of it, and an occasional article in opposition
has appeared in various journals: but there had not been any violent agita
tion on the subject up to the year 1881. See Boitse Statesman, April 20, 1867;
Or. Legist. Docs, 1870, doc. 11, 5-9; Or. Law*, 1870, 103-5; Eugene City
Journal, March 14, 1868; S. F. Call, Oct. 21, 1868; McMiimville Courier,
Sept. 18, 1868; 8. F. Times, Sept. 2, 1868, Jan. 18, 1869; Or. Deutsche^eitung,
July 17, 1869.
CHINAMEN AND NEGROES. 665
States should mine in Oregon, except by paying four
dollars per quarter, upon receiving a license from the
sheriff; failing in the payment of which the sheriff
might seize and sell his property. Any person em
ploying Chinamen to work in the mines was liable for
this tax on all so employed. Chinamen complying
with the law should be protected the same as citizens
of the United States; and twenty per cent of such
revenue should go to the state.50
With the laws against negroes the hand of the gen
eral government was destined to interfere, first by the
abolition of slavery in all United States territory, and
finally when citizenship and the right of suffrage were
extended to the colored race. The resolution of con
gress providing for the amendment to the constitution
of the United' States abolishing slavery was passed
February 1, 1865. By the 23d of September seven
teen states had adopted the amendment. Secretary
Seward wrote to Governor Gibbs asking for a decis
ion, to obtain which the legislature was convened at
Salem on the 5th of December51 by a call of the
50 Or. Laws, I860, 41-6. In 1861 the revenue to the state from the tax on
Chinamen was $539.25, collected in the counties of Jackson and Josephine; or
a total of $10,785, which shows a mining population in those two counties of
about 900. Or. Jour. House, 1862, ap. 65-6.
51 This was the same elected in 1864, and had held their regular session in
September and October of that year. It consisted of the following members—
Senate: Baker and Umatilla counties, James M. Pyle; Benton, A. G. Hovey;
Coos Curry and Douglas, G. S. Hinsdale; Clatsop, Columbia, Washington,
and Tillamook, Thos E. Cornelius; Clackamas, H. W. Eddy; Douglas, James
Watson; Jackson, Jacob Wagner; Josephine, C. M. Caldwell; Lane, C. &.
Chrismanand S. B. Cranston; Linn, Bartlett Curl and D. W. Ballard; Marion,
John W. Grim and William Greenwood; Multnomah, J. H. Mitchell; Folk,
John A. Frazer; Wasco, L. Donnel; Yamhill, Joel Palmer.
House- Baker county, Samuel Colt and Daniel Chaplin; Benton, J. Qumn
Thornton and James Gingles; Coos and Curry, Isaac Hacker; Clatsop, Co
lumbia, and Tillamook. P. W. Gillette; Clackamas, E. S. 8. Fisher, H W.
Shipley, and Owen Wade; Douglas, E. W. Otey, P. C. Parker, and A.
Ireland; Jackson, James D. Fay, T. F. Beall, and W. F. Songer; Josephine,
Isaac Cox- Lane, G. Callison, J. B. Underwood, and A. McCornack; Linn,
Robert Glass, J. N. Perkins, J. P. Tate, and H. A. McCartney; Marion, I.
R Moores, J. C. Cartwright, J. J. Murphy, and H. L. Turner; Multnomah,
P Wasserman L. H. Wakefield, and John Powell; Polk, James S. Holman,
G! Lafollet; Umatilla, L. F. Lane; Wasco, A. J. Borland; Washington,
W Bowlby and D. 0. Quick; Yamhill, Geo. W. Lawson and H. VVarren.
The place of Wade was filled in 1865 by Arthur Warner; the place of Lafol-
It-t by Isaac Smith; the place of Henry Warren by J. M. Pierce. Borland
was absent, and had no substitute. Or. Jour. House, 1864 and 1865; Or. Jour.
Senate, 1864; National Almanac, 1864.
666 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
executive. The message of Governor Gibbs was dig
nified and argumentative in favor of the abolition of
slavery. It was impossible to get a unanimous vote
in favor of the measure, on account of the democratic
members who had been elected by the disunion ele
ment. The amendment was, however, adopted, with
only seven dissenting votes in both houses,52 by a joint
resolution, on the llth of December, and the decision
telegraphed to Washington.
When the fourteenth amendment was presented to
another Oregon legislature in the following year, it was
adopted with even less debate, and the clauses of the
constitution of Oregon which discriminated against
the negro as a citizen of the state were thereby made
nugatory.53
The remainder of the political history of Oregon
will be brief, and chiefly biographical. The republican
party of the United States in 1864 again elected
Abraham Lincoln to be president. Oregon's majority
was over fourteen hundred. At the state election of
this year J. H. D. Henderson54 was elected repre-
52 Gibbs says, in his Notes on Or. Hist., MS., 25, that 'every i-epublican
except one voted for it, and every democrat against it.'
53 See Or. Jour. Senate, 18GG, 25, 2(3, 27, 31, 3-1, 35, 56, 58, 61. The state
senate in 1806, in addition to Cranston, Cornelius, Donnell, Hinsdale, Palmer,
Pyle, and Watson, who held over, consisted of the following newly elected
members: Benton county, J. R. Bay ley; Baker, S. Isoii; Clackamas, W. C.
Johnson; Grant, L. 0. Sterns; Linn, 11. H. Crawford, William Cyrus;
Lane, H. C. Huston; Marion, Samuel Brown, J. C. Cartwright; Multnomah,
J. N. Dolph, David Powell; Polk, W. D. Jeffries; Umatilla, N. Ford.
House: Baker, A. C. Loring; Baker and Union, W. C. Hindman; Benton,
F. A. Chenoweth, James Gingles; Clackamas, J. D. Locey, J. D. Garrett, W.
A. Starkweather; Clatsop, Columbia, and Tillamook, Cyrus Olney; Coos and
Curry, F. G. Lockhart; Douglas, B. Herman, James Cole, M. M. Melvin; Jack
son, E. D. Foudray, Giles Welles, John E. Ross; Josephine, Isaac Cox; Mult
nomah, W. W. Upton, A. Rosenheim, J. P. Garlick, John S. White; Marion,
J. I. 0. Nicklin, W. E. Parris, C. B. Roland, B. A. VVitzel, L. S. Davis; Po!k,
J. Stouffer, J. J. Dernpsey, William Hall; Grant, Thos H. Brents, M. M.
McKean; Union, James Hendershott; Umatilla, T. W. Avery, H. A. Gear;
Wasco, 0. Humason, F. T. Dodge; Yamhill, J. Lamson, 11. B. Laughlin;
Lane, John Whiteaker, J. E. P. Withers, R. B. Cochran; Linn, E. B. Moore,
G. R. Helm, J. Q. A. Worth, J. R. South, W. C. Baird; Washington, G. C.
Day, A. Hinman. Or. Jour, tienais, 186(5.
54 Henderson was a Virginian aiid a Cumberland presby terian minister, a
modest and sensible man of brains. He came to Oregon in 1851 or 1852, and
resided at Eugene, where he was principal of an academy and clerk in the
surveyor-general's office. Deady's Scrap-Book, 77.
DEMOCRATS AND
sentative to congress; J. P. Gazley, George L. Woods,
and H. N. George, presidential electors. The sen
ate chose George H. Williams for the six years' term
in the United States senate, beginning in March 1865.
With the close of the war for the union the politi
cal elements began gradually to reshape themselves,
many of the union party who had been Douglas demo
crats before the war resuming their place in the demo
cratic ranks when the danger of disunion was past. To
the returning ascendency of the democratic party the
republicans contributed' by contests for place among
themselves. In 18GG A. C. Gibbs and J. H. Mitch-
ell were both aspirants for the senatorship, but
Gibbs received the nomination in the caucus of the
republican members of the legislature. Opposed to
him was Joseph S. Smith, democratic nominee. The
balloting was long continued without an election,
owino- to the defection of three members whose votes
had been pledged. When it became apparent that
no election could be had, the name of H. W. Cor
bett was substitued for that of Gibbs, and Corbett
was elected on the sixteenth ballot. Corbett was
not much known in politics except as an unconditional
union man. Personally he was not objectionable,
labored for the credit of his state, and endeavored
to sustain republican measures by introducing and
laboring for bills that promoted public improvements/
In 1868 the legislature had returned to something
like its pre-rebellion status,56 passing a resolution in
both houses requesting senators Williams and
bett to resign for having supported the reconstruc
tion acts.57 The senate of the United States returned
the resolution to both houses of the Oregon legisla-
55 Henry W. Corbett was born at Westboro, Mass., Feb. 1 8, 1827; received
an academfc education, and engaged in mercantile pursuits, first m New \ ork
and then in Portland in 1849, where he acquired a hanf.some fortune He
was an ardent unionist from the first. Cong. Directory, 31, 40th cong. 2d L sess.
"There were 13 democrats and 9 republicans m the senate, ami 17 republi
cans and 30 democrats in the house. Camp's Year-Bo^ 18GiJ' /,|J8: ' „- n
* See Williams' speech of Feb. 4, 1868; Or. Jour. Home, 1608, 123-oj Or.
Laws, 1868, 97-8.
668 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
ture by a vote of 126 to 35.58 Williams and his col
league secured a grant of land for the construction of
a railroad from Portland to the Central Pacific rail
road in California, for which they received the plaudits
of the people, and especially of southern Oregon.
When the senatorial term of the former expired he
was appointed attorney -general of the United States,
and afterward chief justice, but withdrew his name,
and retired to private life in Portland.
In 18G6 George L. Woods was elected governor in
opposition to James K. Kelly. To avenge this injury
to an old-line democrat, the legislature of 1868 59 con
spired to pass a bill redistricting the state so as to
increase the democratic representation in certain sec
tions and decrease the republican representation in
58 The resolution of censure just mentioned originated in the house. The
senate at the same session passed a resolution rescinding the action of tlie
legislature of 13GG assenting to the fourteenth amendment, which resolution
was adopted by the house. Or. Jour. Senate, 18G8, 32-6. The act was one of
political enmity merely, as the legislature of 18G8 had no power to annul a
compact entered into for the state by any previous legislative body. The
senate of Oregon assumed, however, than any state had a right to withdraw
up to the moment of ratification by three fourths of all the states; and that
the states of Arkansas, Florida, Louisiana, Alabama, South Carolina, and
Georgia were created by a military despotism against the will of the legal
voters of those states, and consequently that the acts of their legislatures
were not legal, and did not ratify the fourteenth amendment. The secretary
of state for Oregon was directed to forward certified copies of the resolution
to the president and secretary, and both houses of congress. But nothing
appears in the proceedings of either to show that the document ever reached
its destination.
5tf Senate: Baker county, S. Ison; Washington, Columbia, Clatsop, and
Tillamook, T. K. Cornelius; Benton, J. R. Bay ley; Umatilla, N. Ford;
Ciackamas, D. P. Thompson; Union, James Hendershott; Douglas, Coos,
and Curry, B. Herman, C. M. Pershbaker; Josephine, B. F. Holtzclaw;
Yamhi.l, S. C. Adams; Jackson, J. N. T. Miller; Lane, H. C. Huston, R. B.
Cochran; Linn, Win Cyrus, R. H. Crawford; Marion, Samuel Miller, Sam
uel Brown; Multnomah, Lansing Stout; Polk, B. F. Burch, president.
House: Baker, R. Beers; Benton, J. C. Alexander, R. A. Bensal; Baker
and Union, D. R. Benson; Ciackamas, J. W. Garrett, D. P. Trullinger;
Coos and Curry, Richard Pendergast; Columbia, Clatsop, and Tillamook, W.
D. Hoxter; Douglas, John G. Flook, James F. Gazley, James Applegate;
Grant, R. W. Ncal, Thomas E. Gray; Jackson, J. B. White, Thomas Smith,
J. L. Louden; Josephine, Isaac Cox; Lane, John Whiteaker, H. H. Gilfrey,
E. N. Tandy; Linn, John T. Crooks, John Bryant, B. B. Johnson, W. F.
Alexander, T. J. Stites; Marion, John F. Denny, J. B. Lichtenthaler, T. W.
Davenport, John Minto, David Simpson; Multnomah, W. W. Chapman, T.
A. Davis, James Powell, J. S. Scoggins; Polk, R. J. Grant, F. Waymire,
Ira S. Townsend; Umatilla, A. L. Kirk; Union, H. Rhinehart; Wasco, D.
W. Butler, George J. Ryan; Washington, John A. Taylor, Edward Jackson;
Yamhill, W. W. Brown, G. W. Burnett; speaker, John Whiteaker. Or.
Jour. Senate, 1868, 4-5; Or. Jour. Home, 1868, 4-5.
LEGISLATURE AND ELECTIONS. 669
others, having for its object the election of a demo
cratic United States senator in 1870; and further, to
recount the gubernatorial vote of 1866, to count out
Woods and place Kelly in the office of governor.
This return to the practices of the 'political zouaves'
of the days of the Salem clique, amounting in this
case to revolution, was thwarted by the republican
minority under the direction of Woods. In order to
carry their points, the democrats endeavored to pro
long the session beyond the constitutional forty days,
by deferring the general appropriation bill, and did so
prolong it to the forty-third day, when fifteen repub
licans ^resigned in a body, leaving the house without
a quorum, and unable to pass even a bill to pay their
per diem. In this dilemma, they demanded that the
governor should issue writs of election to make a
quorum; but this was refused as unconstitutional after
the forty days were passed, and the house, without
the power even to adjourn, fell in pieces.63
The representative to congress elected in 1866 was
Rufus Mallory, republican, who defeated his opponent,
James D. Fay, by a majority of six hundred.61
In 1868 the republican candidate, David Logan,
was beaten by Joseph S. Smith, whose majority was
nearly twelve hundred,62 owing partly to the unpop
ular standing of Logan even with his own party,63 as
60 Or. Jour. House, 1868, 527-54; Wood's Recollections, MS., 35-8.
61 Rufus Mallory was a native of Coventry, N. Y., born January 10, 1831.
He received an academic education, and studied and practised law. He was
dist atty in the 1st jud. dist in Oregon in 1SGO, and in the 3d jud. dist from
1S62 to 18GG; and was a member of the state leg. in 1802. Congress. Directory,
40th cong. 2d sess., p. 31. James D. Fay married a daughter of Jesse Apple-
gate. His habits were bad, and he committed suicide at Coos Bay. He was
talented, erratic, and unprincipled.
62 Smith (
odist church
the country, „ w
1852. He was in 18G4 agent for the Salem Manufacturing Company, in
which he was a large stockholder. He is described as a reserved man, not
much read in elementary law, but an acute reasoner and subtle disputant.
Deady's Scrap- Book, 81.
03 The federal officers in Oregon in 1868 were: district judge, Matthew P.
Deady; marshal, Albert Zeiber; clerk, Ralph Wilcox; collector of the port
of Astoria, Alanson Hinman; surveyor-general, Elisha Applegate; register of
laud-office, Roseburg, John Kelly (A. R. Flint, receiver); register, Oregon
670 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
was shown by the presidential vote in the following
November, which gave a democratic majority of only
160 for presidential electors out of 22,000 votes cast
by the state.
"in 1870 L. F. Grover, who ever since 1864 had
been president of the democratic organization of the
state, was elected governor of Oregon, with S. F.
Chad wick as secretary.64
The legislature of 1870, following the example of
its immediate predecessor, rejected the fifteenth amend
ment to the constitution of the United States, which
extended the elective franchise to negroes. The man
ner of the rejection was similar to that of the rescind
ing resolutions of 1868, and like them, a mere impo
tent expression of the rebellious sentiments of the
ultra-democratic party in Oregon.65 It had no effect
to prevent negroes in Oregon from voting, of whom
there were at this time less than 350. It also, in
obedience to party government, provided for the ap
pointment of three commissioners to investigate the
official conduct of the state officers of the previous ad
ministration, succeeding in discovering a defalcation
by Secretary May of several thousand dollars,66
City, Owen Wade (Henry Warren, receiver); supt Incl. aff., J. W. P.
Huntington; chief clerk Incl. dept, C. S. Woodworth; assessor int. rev., Thomas
Frazar; collector int. rev., Medorum Crawford; deputy assessor, William
Grooms; deputy col., Edwin Backenstos.
The district judges of the supreme court of Oregon at this time, beginning
with the northern districts, were: 4th dist, W. W. Upton; oth dist, J. G.
Wi.son (east of the Cascade mts); 3d dist, R. P. Boise; 2d dist, A. A.
Skinner; 1st dist, P. P. Prim. The dist attys in the same order were
M. F. Mulkey, James H. Slater, P. C. Sullivan, J. F. Watson, J. R. Neil.
McCormick'* Portland Dir. , 1808, 109; Camp's Year-Book, 1809, 434.
64 L. Fleischner was elected treasurer, R. P. Boise was 1'eelected judge,
and A. J. Thayer and L. L. Me Arthur to succeed Skinner and Wilson. Id.,
app. 11.
65 Or. Laws, 1870, 190-1; Ren. Mine. DOCK, 56, 41st cong. 3d sess.; Gov.
Menage, in Or. Ler/is. Docs, 1870, doc. 11, p. 9.
6(5 The investigation lasted a year, at $5 per day each to the commissioners
for the time necessarily employed in making the investigation. They brought
in a report against May, and also some absurd charges that the governor had
made more visits to the penitentiary than his duty required, at the expense
of the state, with other insignificant matters. They discovered that C. A.
Reed, the adjutant-general of the militia organization, had purchased two gold
pens, not needed, his office being abolished by the same body which com
missioned them, at an expense of $1,3 a day, to discover these two pens.
Legislative assembly of 1870— Senate: Baker county, A. H. Brown;
FINANCES. 671
through embezzlement of the five-per-cent fund before
mentioned.
When Governor Grover came into office he found
the treasury containing sufficient funds, less some
$6,000, to defray the expenses of the state's affairs for
the next two years. The legislature at once made an
appropriation"^ build the penitentiary in a permanent
form, and appropriated money from the five-per-cent
fund for the construction of a steamboat canal with
locks, at the falls of the Willamette. A small amount
was also devoted to the organization of the agricultu
ral college, thereby securing the land grant belonging
to it. The legislature of 1872 passed an act provid
ing for the construction of a state capitol, and appro
priated $100,000 to be set apart by the treasurer,
to be designated as the state-house building fund; but
for the purpose of providing funds for immediate use,
the treasurer was authorized to transfer $50,000 from
the soldiers'-bounty fund to the building fund, that
the work might be begun without delay. The same
legislature passed an act organizing and locating the
state university at Eugene City, on condition that a
site and building were furnished by the Union Uni-
Douelas, L. F. Mosher; Coos and Curry, C. M. Pershbaker; Jackson
JamSs D. Fay; Josephine, B. F. Holtzclaw; Lane, A. W. Patterson, R.
B. Cochran; Linn, Enoch Hoult, R. H. Crawford; Marion, Samuel Brown,
John H. Moores; MuUnomah, Lansing Stout, David Powell; Clackatnas, D.
P Thompson; Polk, B. F. Burch; Grant, J. VV. Baldwin; Umatilla, 1. T.
Lieuallen; Union, J. Hendershott; Wasco, Victor Trevitt; Washington, Co
lumbia, Clatsop, and Tillamook, T. R. Cornelius; Yamhill, W. T Newby;
Benton, R. S. Strahan. President, James D. Fay; clerks, Syl. G. bimpson
and Orlando M. Packard.
House: Baker, H. Porter; Baker and Union, J. R. McLain; Benton, D.
Carlisle W. R. Calloway; Clackamas, Peter Paquet, W. A. Starkweather, J.
T Apperson; Clatsop, Columbia, and Tillamook, Cyrus Olney; Coos and
Currv F G. Lockhart; Douglas, James C. Hutchinson, C. M. Caldwell, J. C.
Drain; Grant, J. M. McCoy, W. H. Clark; Jackson, Jackson Rader, James
Wells A. J. Burnett; Lane, John Whiteaker, G. B. Dorris, James F. Amis;
Linn W F Alexander, G. R. Helm, Thomas Munkers, John Ostrander, W.
S. Elkins; Marion, T. W. Davenport, R. P. Earhart, J. M. Harrison, G. P.
Holman, W. R. Dunbar; Multnomah, J. W. Whailey, Dan. O Regan, L. 1 .
W Quimby, John C. Carson; Polk, B. Haydeu, R. J. Grant, W. Comegys;
Union J T. Hunter; Umatilla, Johnson Thompson, F. A. Da Sheill; \V ash-
ington W. D. Hare, W. A. Mills; Wasco, James Fulton, 0. S. Savage;
Yamhill, Al. Hussey, Lee Loughlin. Speaker, Ben Hayden; clerks, E. S.
McComas, John Costello, W. L. White, and John T. Crooks. Or. Jour. Sen
ate, 1870, 4-6, 13; Directory Pac. Coast, 1871-3, 111.
i:
672 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
versity Association ; and setting apart the interest on
the fund arising from the sale of seventy-two sections
of land donated to the state for the support of the
university for the payment of the salaries of teachers
and officers.
These were all measures important to the welfare
and dignity of the state, and gave to Grover's admin
istration the credit of having the interests of the peo-
>le at heart. An agricultural college was established
y simply paying for the tuition of twenty-three pu
pils at an ordinary academy, at ordinary academy
charges.67 A university was established, by requiring
the town where it was located to furnish a site and a
building, and paying the faculty out of the university
fund. The Modoc war, also, which occurred during
Grover's term of office, added some consequence to
his administration, which, excepting that of Governor
Gibbs, was the most busy, for good or evil, of any
which had occurred in the history of the state. In
1874 Grover was reflected, over J. C. Tolrnan, repub
lican, and T. F. Campbell, independent.63
In 1872 the republicans in the legislature elected
John H. Mitchell to succeed Corbett in the U. S.
senate. He served the state ably.69
67 Or. Governor's Message, 1872, 3-10; Or. Laws, 1872, 47-53; Grvver'a
Pub. Life in Or., MS., 72.
68 Grover's opponent in 1870 was Joel Palmer, who was not fitted for the
position, being past his prime. In 1874 Grover's majority over Tolman was
550. Campbell simply divided the vote, and was beaten by 3,181. He was
a preacher of the Christian church, and president of Monmouth college, of
which he was also the founder, and which became a prosperous school.
69 Mitchell was born in Penn. June 22, 1835, receiving a fair education,
and studying law, which he practised in his native state. Appearing in Ore
gon in 1860, at the moment when his talents and active loyalty could be made
available, he rapidly rose in favor with his party, and was appointed prose
cuting attorney for the 4th jud. dist, in place of VV. W. Page, resigned, but
declined, and in 1864 was elected state senator. From this time he was a
leader in politics, and a favorite among men, having many pleasing personal
qualities. After having been chosen senator, a scandal was discovered which
dismayed the republicans and gave the independents that which they desired,
a strong leverage against the old party, which was split in consequence, the
breach made being so violent that at the next senatorial election they lost
the battle to the democrats. Mitchell was not unseated, however, as had
been hoped. At the expiration of his term he resumed the practice of the
law, first in Washington city, and later in Portland, where he achieved his
first political honors, and where the field is open to talent to distinguish itself.
PECULATIONS. 673 >
On the meeting of the legislature of 1876, there
being a United States senator to be elected, the choice
lay between Jesse Applegate and Grover. The first
ballot in the seriate gave Applegate seven and Grover
twenty votes, with two votes scattering. The first
ballot in the house gave twenty-seven for Applegate
and twenty-five for Grover, with seven for J. W.
Nesmith. In joint convention Nesmith received on
some ballots as many as fourteen votes. But the
democrats were chiefly united on Grover and the re
publicans on Applegate; and at length the friends of
Nesmith gave way, that the candidate of their party
might succeed, and Grover's vote rose from forty-two
to forty-eight, by which he was elected. In Febru
ary 1877 he resigned the office of governor, and took
his place in the U. S. senate,70 S. F. Chadwick suc
ceeding to the gubernatorial office.
In the mean time there was a growing uneasiness
O O
in the public mind, arising from the conviction that
there was either mismanagement or fraud, or both, in
the state, land, and other departments, and the legis
lature of 1878 appointed a joint committee to examine
into the transactions of the various offices and de- .
partments of the state government. The commission
published its report, and the impression got abroad
that a system of peculation had been carried On for
some time past, in which serious charges were made;
but notwithstanding the numerous accusations against
O O
the several state officials, there was not sufficient evi
dence to prove that moneys had been illegally drawn
from the public funds. Nevertheless, the administra-
tion suffered in reputation in consequence of the re
port. The scandal created was doubtless tinged by
partisan spirit, more or less. The improvement in
the affairs of the government was substantial and
noteworthy, and at a later date credit was not un-
70 See Sen. Com. Sept, 536, 548, 561, 627, 678, 44th cong. 2d sess.; also,
Proceeding? of the Electoral Commission, and Cong. Globe. 1876-7, 74-5, 209-10,
app. 132, 188, 192; Portland Oregonian, Jan. 27, 1877.'
HIST. OR., VOL. II. 43
674 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
willingly conceded to the administration, the course
of which had been temporarily clouded by hurtful
though unsubstantiated complaints.71
The elevation of Grover to the U. S. senate left
Stephen F. Chad wick in the gubernatorial chair, which
he filled without cause for dissatisfaction during the
remainder of the term. During Chadwick's adminis
tration eastern Oregon was visited by an Indian war.
During this interval the depredations caused were
very severe, and the loss to the white settlers of prop
erty was immense, a full history of which will be in
cluded in those described in my History of Washington,
Idaho, and Montana.
One by one the former democratic aspirants for
place reached the goal of their desires. Joseph S.
Smith was succeeded in congress by James H. Slater,
who during the period of the rebellion was editor of
the Corvallis Union, a paper that, notwithstanding
its name, advocated disunion so as to bring itself
under the notice of the government, by whose author
ity it was suppressed.72
The successor of Slater was Joseph G. Wilson,73
who died at the summer recess of congress in 1873.
A special election chose J. W. Nesmith to fill the
vacancy, who, though a democratic leader, had es
chewed some of the practices of his party, if not the
71 For a report of the proceedings of the investigating committee, see Or.
Legist. Docs, 1878; Portland Oregonian, Dec. 30, 1878.
72 James H. Slater was a native of 111., born in 1827. He came to Cal. in
1840, and thence to Oregon in 1850, residing near Corvallis, where he taught
school and studied law, the practice of which he commenced in 18.38. He
was elected to the legislature several times. He removed to eastern Oregon
in 1862, engaging in mining for a time, but finally settled at La Grande. Axh-
land Tidings, Sept. 20, 1878.
73 Wilson was born in New Hampshire Dec. 13, 1826, the son of a dissent
ing Scotch presbyterian, who settled in Londonderry in 17 1C. His parents
removed to Cincinnati in 1826, settling afterward near Reading, Joseph
receiving his education at Marietta college, from which he graduated with
the degree of LL. D. He entered the Cincinnati law school, from which he
graduated in 1852 and went to Oregon. He rose step by step to be congress
man. His wife was Elizabeth Millar, daughter of Rev. James P. Millar of
Albany, a talented and cultivated lady, who, after her husband's untimely
death, received a commission as postmaster at The Dalles, which she held
for many years.
CONGRESSMAN AND GOVERNOR. 675
love of office. His majority was nearty 2,000 over
his opponent, Hiram Smith. He was in turn suc
ceeded by George La Dow,74 a man little known in
the state, and who would not have received the nom
ination but for the course of the Oregonian in making
a division in the republican ranks and running Rich
ard Williams, while the regular party ran T. W.
Davenport. The vacancy caused by the death of La
Dow was filled by La Fayette Lane, specially elected
October 25, 1875. At the next regular election, in
1876, Richard Williams73 received a majority of votes
for representative to congress, serving from March
1877 to March 1879. He was succeeded by ex-Gov
ernor John Whiteaker, democrat, and he by M. C.
George, republican, who has been returned the sec
ond time.
In 1878 the republicans again lost their choice for
governor by division, and C. C. Beekman was defeated
by W. W. Thayer,76 who was followed by Z. F.
Moody 77 in 1882. The U. S. senator elected in 1882,
74 George A. La Dow was born in Cayuga-co., N. Y.f March 18, 1826. Ilia
father emigrated to 111. 1839, where George was educated for the practice of
law. Subsequently settling in Wisconsin, he was elected dist atty for Wau-
paca co. In 1869 he came to Oregon and settled in Umatilla co., being elected
representative in 1872. 8. F. Examiner, in Sa.'em Statesman, June 13, 1874.
75 Richard Williams was a son of Elijah Williams, a pioneer. He was a
young man of irreproachable character and good talents, a lawyer by profes
sion, who had been appointed dist titty in 1867. S. F. Calf, March 24, 1867.
76 W. W. Thayer, a brother of A. J. Thayer, was born at Lima, N. Y.,
July 15, 1827. He received a common-school education, and studied law,
being admitted to the bar by the sup. ct at Rochester, in March 1851. He
subsequently practised at Tonawanda and Buffalo, until 1862, when lie came
to Oregon, intending to settle at Corvallis. The mining excitement of 186;J
drew him to Idaho; he remained at Lewiston till 1867, when he returned to
Oregon and settled in East Portland, forming a law partnership with Richard
Williams. He was a member of the Idaho legislature in 1866, and was also
dist atty of the 3d jud. dist. During his administration as governor, the
state debt, which had accumulated under the previous administration, was
paid, and the financial condition of the state rendered sound and healthy.
The insane asylum was commenced with Thayer as one of a board of com
missioners, and was about completed when his term expired. It is an impos
ing brick structure, capable of accommodating 400 or 500.
77 Zenas Ferry Moody was a republican of New England and revolutionary
stock, and has not been without pioneer experiences, coming to Oregon in
1851. He was one of the first U. S. surveying party which established the
initial point of the Willamette meridian, and continued two years in the ser
vice. In 1853 he settled in Brownsville, and married Miss Mary Stephenson,
their children being four sous and one daughter. In 1856 he was appointed
676 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
after a severe and prolonged contest between the
friends of J. H. Mitchell and the democracy, uniting
with the independents, was Joseph N. Dolph,78
Mitchell's former partner and friend.
The time has not yet come, though it is close at
hand, when Oregon-born men shall fill the offices of
state, and represent their country in the halls of the
national legislature. Then the product of the civili
zation founded by their sires in the remotest section
of the national territory will become apparent. Sec
tionalism, which troubled their fathers, will have dis
appeared with hostility to British influences. Homo
geneity and harmony will have replaced the feuds
of the formative period of the state's existence. A
higher degree of education will have led to a purer
conception of public duty. Home-bred men will repel
adventurers from other states, who have at heart no
interests but their individual benefits.
When that period of progress shall have been
reached, if Oregon shall be found able to withstand
the temptations of too great wealth in her morals, and
the oppressiveness of large foreign monopolies in her
business, she will be able fully to realize the most
sanguine expectations of those men of destiny, the
Oregon Pioneers.
inspector of U. S. surveys in Cal., afterward residing for some time in 111.,
but returning to The Dalles in 1802. The country being in a state of rapid
development on account of the mining discoveries in the eastern part of the
state and in Idaho, he established himself at Umatilla, where he remained in
business for three years. In the spring of 1866 he built the steamer Mary
Moody on Pend d'Oreille Lake, and afterward aided in organizing the Oregon
and Montana Transportation Company, which built two other steamboats,
and improved the portages. In 1867 he was merchandising in Boise" City, re
turning to The Dalles in 1869, where he took charge of the business of Wells,
Fargo & Co. At a later period he was a mail contractor, and ever a busy and
earnest man. He was elected in 1872 to the state senate, and in 1880 to the
lower house, being chosen speaker. In 1882 he was nominated for governor,
and elected over Joseph H. Smith by a majority of 1,452 votes. Representa
tive Men of Or., 1-111.
78 Dolph was born in 1835, in N. Y., and educated at Genessee college,
after which he studied law. He came to Oregon in 1862, where his talenta
soon made him prominent in his profession, and secured him a lucrative prac
tice. He married, in 1864, a daughter of Johnson Mulkey, a pioneer of 1847,
by whom he had 6 children. At the time of his election he was attorney for
and vice-president of the Northern Pacific railroad.
CHURCHES AND CHURCH SCHOOLS.
THE early history of the Methodist Church is the history of the first
American colonization, and has been fully given in a former volume; but a
sketch of the Oregon methodist episcopal church proper must begin at a later
date. From 1844 to 1853 the principal business transactions of the church
were at the yearly meetings, without any particular authority from any con
ference.
On the 5th of September, 1849, the Oregon and California Mission Confer
ence was organized in the chapel of the Oregon Institute, Salem, by author
ity of the general conference of 1848, by instructions from Bishop Waugh,
and under the superintendence of William Roberts. The superintendents of
the Oregon Mission were, first, Jason Lee, 1834-1844; George Gary, 1844-
1847; William Roberts, 1847-1849, when the Mission Conference succeeded
the Oregon Mission, under Roberts. The mission conference included New
Mexico, and possessed all the rights and privileges of othersimilar bodies, except
those of sending delegates to the general conference and drawing annual divi
dends from the avails of the book-concerns and chartered funds. Four sessions
were held, the first three in Salem, and the fourth at Portland. Under the
mission conference the following ministers were appointed to preach in Ore
gon: i;i 1849-50, W. Roberts, David Leslie, A. F. Waller. J. H. Wilbur, J.
L. Parrish, William Helm, J. 0. Raynor, J. McKinney, C. 0. Hosford, and
J. E. Parrott; in 1850-1, I. McElroy, F. S. Hoyt, and N. Doane were added;
in 1851-2, L. T. Woodward, J. S. Smith, J. Flinn, and J. W. Miller; in 1852
-3, Isaac Dillon, C. S. Kingsley, P. G. Buchanan, and T. H. Pearue — never
more than fourteen being in the field at the same time.
In March 1853 Bishop E. R. Ames arrived in Oregon, and on the 17th the
Oregon Annual Conference was organized, including all of Oregon and Wash
ington, which held its first session at Salem, and gave appointments to twenty-
two ministers, including all of the above-named except Leslie, Parrish, Helm,
McElroy, McKinney, and Parrott, and adding G. Hines, H. K. Hines, T. F.
Royal, G. M. Berry, E. Garrison, B. Close, and W. B. Morse. Since 1853
there have been from thirty-three to seventy-four preachers annually furnished
appointments by the conference. In 1873 the conference was divided, and
Washington and eastern Oregon set off, several of the pioneer ministers being
transferred to the new conference. According to a sketch of church history
by Roberts, there were, in 187G, 3,249 church members, and 683 on probation;
74 local preachers; CO churches, valued at $107,750; parsonages valued at
$29,850; Sunday-schools, 78; pupils, 4,469; teachers, 627; books in Sunday-
school libraries, 7,078, besides periodicals taken for the use of children. The
first protestant church edifice erected on the Pacific coast, from Cape Horn
to Bering Strait, was the methodist church at Oregon City, begun in 1842 by
Waller, and completed in 1844 by Hines. Abernethy added a bell in 1851,
weighing over 500 pounds, the largest then in the territory. He also pur
chased two smaller ones for the churches in Salem and Portland, and one
for the Clackamas academy at Oregon City. Or. Statesman, July 4, 1851.
These were not the first bells in Oregon, the catholics having one at Cham-
poeg, if not others. Religious services were held in Salem as early as 1841, at
the Oregon Institute chapel, which served until the erection of a church, which
was dedicated January 23, 1853, and was at this time the best protestant
(677)
678 CHURCHES AND CHURCH SCHOOLS.
house in Oregon. Home Missionary, xxvi. 115-6. About 1871 a brick edifice,
costing $35,000, was completed to take the place of this one. A methodist
church was also erected at South Salem.
The methodist church of Portland was organized in 1848, a church build
ing was begun by Wilbur in 1850, and the first methodist episcopal church of
Portland incorporated January 26, 1853. The original edifice was a plain but
roomy frame building, with its gable fronting on Taylor Street, near Third. A
reincorporation took place in 1867, and in 1869 a brick church, costing $35,000,
was completed on the corner of Third and Taylor streets, fronting on Third.
A second edifice was erected on Hall Street. During the year 1884, a new
society, an offshoot from the Taylor-Street church, was organized under
the name of the Grace Methodist Episcopal Church, taking with it $40,000
worth of the property of the former. The methodist church at The Dalles
was built in 1862 by J. F. Devore, at a time when mining enterprises were
beginning to develop the eastern portion of the state.
The methodists have been foremost in propagating their principles by
means of schools, as the history of the Willamette University illustrates. In
new communities these means seem to be necessary to give coherence to
effort, and have proved beneficial. Willamette University, which absorbed
the Oregon Institute, was incorporated January 12, 1853. It opened with two
departments, a preparatory, or academic, and a collegiate course, and but few
pupils took more than the academic course for many years. It had later six
departments, thirteen professors and tutors, and four academies which fed
the university. The departments were college of liberal arts, medical college,
woman's college, conservatory of music, university academy, and correlated
academies. College Journal, June 1882. The correlated academies were those
of Wilbur, Sheridan, Santiam, and Dallas. The medical college, one of the
six departments of the university, was by the unanimous vote of the faculty
removed to Portland in 1S77.
The Clackamas seminary for young ladies, established at Oregon City in
1851, was the combined effort of the methodists and congregationalists, and
prospered for a time, but as a seminary has long been extinct; $11,000 were
raised to found it, and John McLoughlingave a block of land. Harvey Clark
vas the first teacher, after which Mrs Thornton and Mr and Mrs H. K.
Hines taught in it. Or. Spectator, June 6, 1851; Or. Argus, Nov. 10, 1855.
Santiam and Umpqua academies were established about 1854. La Creole
Academic Institute, at Dallas, was incorporated in 1856. The incorporators
were Frederick Waymire, William P. Lewis, John E. Lyle, Horace Lyman,
Reuben P. Boise, Thomas J. Lovelady, Nicholas Lee, James Frederick, and
A. W. Swaney. Or. Laws, 1860, 93. The act provided that at no time should
a majority of the trustees be of one religious denomination. The academy is
nevertheless at present one of the branches of the Willamette University.
Philomath college, a few miles from Corvallis. is also controlled by a board
of trustees elected by the annual conference. This college has an endowment
of over $16,003 and a small general fund. The buildings are chiefly of brick,
and cost $15,000.
The Portland academy was opened in 1852 by C. S. Kingsley and wife, who
managed it for several years, and after them others. The property was worth,
in 1876, $20,000, but the usefulness of the school, which had no endowment,
had passed, and it has since suspended. Hine*' Or., 105-6; Olympia Columbian,
Sept. 18, 1852; Pub. Instruc. Rept, in Or. Mess, and Doc., 1876, 146. Corvallis
college was founded by the methodist church south, in 1865, and incorporated
August 22, 1868, since which time it has had control of the state agricultural
college, as stated in another place; 150 students were enrolled in 1878. The
Ashland college and normal school, organized in 1878 from the Ashland
academy, is also under the management of the conference.
The Catholic Church, next in point of time, had a rude church at Cham-
poeg on their first entrance into the Willamette valley in the winter of 1839-
40. In February 1846 a plain wooden church was dedicated at Oregon City,
and in November St Paul's brick church was consecrated at Champoeg. la
CATHOLICS AND CONGREGATIONALISTS. 679
the autumn of 1851 a church was begun in Portland, which was dedicated in
February 1852 by Archbishop Blanchet. In 1854 this building was removed
to Stark Street, near Third, and ten years later had wings added for library
and other uses, being reconsecrated in 1864. In 1871 the building was again
enlarged, and used until 1878, \\hen it was removed to make room for St
Mary's cathedral, a fine brick structure costing $60,000, the corner-stone of
which was laid in August of that year. Portland Daily Bee, May 16, 1878;
Portland Oregonian, Aug. 24, 1878; Portland Herald, Feb. 9, 1873.
There is also in Portland the chapel of St Mary attached to the convent of
the sisters of the most holy names of Jesus and Mary, between Mill and Mar
ket streets. The sisters have a day and boarding school, ordinarily attended
by 150 pupils. St Joseph's day-school for boys, near the church, had an aver
age attendance in 1868 of 75. St Michael's college, for the higher education
ot young men, is a later institution, and well supported. The church of
St John the Evangelist, at the corner of Chamekata and College streets, Salem,
was dedicated April 10, 1864. Forty or fifty families attend services here,
and a large number of children receive instruction in the Sunday-school.
The academy of the Sacred Heart, under the care of the sisters, a substantial
brick structure, is a boarding and day school \vhere eighty girls are taught the
useful and ornamental branches. This institution was dedicated in 1863, but
the present edifice was not occupied till 1873. There is also a catholic
church, and the academy of Mary Immaculate at The Dalles, located on Third
Street; St Mary's academy at Jacksonville, Notre Dame academy at Baker
City, Mater Dolorosa mission at Grande Ronde reservation, and St Joseph's
hall, a female orphan asylum, at Portland.
The oldest Congregational Church in Oregon is that of Oregon City, organ
ized in 1844 by Harvey Clark, independent missionary, who also set on foot
educational matters, and organized a church at Forest Grove. See Atkinson'*
Cong. Church, 1-3, a centennial review of Congregationalism in Oregon. The
American home missionary society about this time projected a mission to
Oregon, and in 1847 sent George H. Atkinson and wife to labor in this field.
They settled in Oregon City in June 1848, at the time the discovery of gold
in California nearly depopulated that place. Atkinson, Eells, and Clark pro
ceeded to form, with other congregationalists, the Oregon Association, which
held its first meeting at Oregon City September 20th, and appointed, together
with the presbyterian ministers, trustees for the Tualatin academy. Home
Missionary, xxii. 43, 63. In November 184(J arrived Horace Lyman and wife,
also sent out by the home missionary society in 1847, but who had lingered
and taught for one year in San Jose", California. Lyinan settled at Portland,
where he began to build up a church. There were at Oregon City in 1849
but eight members, but they undertook to build a plain meeting-house, 24 by
40 feet, ceiled, and without belfry or steeple, the cost of which was $3,550.
Atkinson preached at Portland first in June 1849, in a log-house used as a
shingle-factory. The congregation was attentive, and the citizens subscribed
$2,000 to erect a school-house, which was to be at the service of all denomi
nations for religious services. It was arranged that the congregational min
isters should preach there once in two weeks. At the second meeting, in
July, Captain Wood of the U. S. steamer Massachusetts was present, to the
delight of the minister as well as the people. When Lyman arrived he began
teaching and preaching in the school-house. Portland Oregonian, May 24,
1864; Lymau, in Pac. Christian Advocate, 1865: As there was then no church
to organize in Portland, and as his salary was only $500 — the rent of a dwell
ing being quite all of that — he was compelled to solicit aid. The town pro
prietors offered a lot. In the forest, on the rising ground at the south end of
Second Street, Lyman made his selection, and $5,000 were subscribed, and
the building, 32 by 48 feet, was begun. Lyman worked with his own hands
in clearing the ground for his house and the church, and making shingles for
the former, falling ill from his unwonted exertions and the malaria of the
newly exposed earth. But the citizens of Portland came kindly to his assist
ance; he was nursed back to health; the house and church were completed,
680 CHURCHES AND CHURCH SCHOOLS.
chiefly by their aid, and on the 15th of June, 1851, the First Congregational
-Church of Portland was organized, with ten members, and the church edifice
dedicated. This building had a belfry and small spire, and cost $6,400, seat
ing some 400 persons. See Lyman, in Cong. Asso. Or. Annual Meeting, 1876,
<35, a quarter-centennial review, containing a complete history of the First
.Congregational Church of Portland; also Home Missionary, xxiv. 137-8.
The membership of the other churches amounted to 50 at this time; 25 at
Tualatin plains, 14 at Oregon City, three at Milwaukee, and eight at Cala-
.pooya, where a church was organized by H. H. Spalding; but congregations
and Sunday-schools were sustained at a few other points.
In January 1852 the Oregon Association held its third annual meeting,
five ministers being present. It was resolved that Atkinson should visit the
.eastern states to solicit aid for the educational work of the church, particu
larly of the Tualatin academy and Pacific university, and also that other parts
of Oregon should be pointed out to the home missionary society as fields for
missionaries. The result, in addition to the money raised, was the appoint
ment of Thomas J. Condon and Obed Dickinson missionaries to Oregon, the
former to St Helen, and the latter to Salem, where a church of four members
had been organized. They arrived in March 1853, by the bark Trade Wind,
from New York. Their advent led to the organization of two more of what
may properly be styled pioneer churches.
Soon after the arrival of Dickinson, W. H. Willson of Salem offered two
town lots. About half the sum required for a building was raised, while the
church held its meetings in a school-house; but this being too small for the
congregation, a building was purchased and fitted up for church services, in
September 1854. It was not till 1803 that the present edifice, a modest frame
structure, was completed and dedicated. Dickinson continued in the pastor
ate till 18G7, when he resigned, and was succeeded by P. S. Knight. Condon
went first to St Helen, where the town proprietor had erected a school-house
and church in one, surmounted by a belfry with a good bell, and a small spire.
This building, which is still standing, wras not consecrated to the use of any
denomination, but was free to all, and so remained. In 1854 Condon was ap
pointed to Forest Grove. They were not able to build here till August 1859,
•when a church was erected, costing some $9,000. Or. Statesman, Aug. 30,
1859. Near the close of 1853 Milton B. Starr, who had preached for several
years in the western states, came to Albany, Oregon, and organized a church.
The following spring Lyman was sent to Dallas to preach, and Portland was
left without a pastor. In 1859 Condon organized a church at The Dalles,
building in 1862. He remained at The Dalles for many years, leaving there
1 finally to go to Forest Grove, where his attainments in natural science were
in demand. On the opening of the state university he accepted a professor
ship in that institution. Atkinson was settled as pastor of the church in
• Portland in 18G3, where he continued some ten years, when, his health failing,
he went north to establish congregations. During his pastorate a new church
edifice was erected on the ground selected in 1850; and more recently Ply
mouth church on Fourteenth and E streets. The organized congregational
churches reported down to 1878 were nine: Albany, Astoria, Dalles, Forest
Grove, Hillsboro, Oregon City, Portland, East Portland, and Salem. Cong.
Aoso. Minutes, 1878, 51. Plymouth church was a later organization.
Pacific university, founded by congregationalists, was non -sectarian. It
had $50,000 in grounds and buildings, $4,000 in cabinet and apparatus, $83,000
in productive funds, and a library containing 5,000 volumes.
The first minister of the Presbyterian denomination in Oregon was Lewis
Thompson, a native of Kentucky, and an alumnus of Princeton theological
seminary, who came to the Pacific coast in 1846 and settled on the Clatsop
plains. Wood's Pioneer Work, 27. There is a centennial history of the pres
bytery of Oregon, by Edward R. Geary, in Portland Pac. Christian Advocate,
July 27, 1876. On the 19th of September, 1846, Thompson preached a sermon
at the house of W. H. Gray, albeit there were none to hear him except a
ruling elder from Missouri, Alva Condit, his wife Ruth Condit, and Gray and
PRESBYTERIAN INSTITUTIONS. 681
his wife. Truman P. Powers of Astoria was the first ordained elder of the
presbyterian church ou the Pacific coast. He came to Oregon in 1846. In
October Thompson was joined by a young minister from Ohio, Robert Robe,
and on the 19th of November they, together with E. R. Geary of Lafayette, at
the residence of the latter, formed the presbytery of Oregon, as directed by
the General Assembly at its session in that year.
In 1853 there were five presbyterian ministers in Oregon, the three above-
mentioned, J. L. Yantis, and J. A. Hanna. The latter had settled at Marys-
ville (now Corvallis) in 1852 and organized a church, while Yantis had but
recently arrived. A meeting of the presbytery being called at Portland in
October, Hanna and Yantis became members, and it was determined to or
ganize a church in that place, of which Yantis was to have charge, together
with one he had already formed at Calapooya. This was accordingly done;
and through the stormy winter the resolute preacher held service twice a
month in Portland, riding eighty miles through mud and rain to keep his ap
pointments, until an attack of ophthalmia rendered it impracticable, and George
F. Whitworth, recently arrived with the design of settling on Puget Sound,
was placed temporarily in charge of the church in Portland. On his removal
to Washington the society became disorganized, and finally extinct.
Meantime Thompson had built a small church at Clatsop, and was pursuing
his not very smooth way in that foggy, sandy region, where he labored faith
fully for twenty-two years before he finally removed to California. Hobe or
ganized a church at Eugene City in 1855, remaining there in the ministry till
1863, during which time a building was erected. Geary, who had undertaken
a boarding-school, became involved in pecuniary embarrassment, and was com
pelled to take a clerkship under Palmer in the Indian department; but being
discharged for seeming to covet the office of his employer, he took charge of
the Calapooya church, and organized that of Brownsville, where he fixed his
residence, and where a church building was erected by the members. A char
ter was procured from the legislature of 1857-8 for the Corvallis college,
which would have been under the patronage of the presbyterians had it
reached a point where such patronage could be claimed. There is nothing to
show that it was ever organized.
An effort was made about the beginning of 1860 to revive the presbyterian
church in Portland. McGill of the Princeton seminary, being appealed to,
procured the cooperation of the Board of Domestic Missions, and P. S. Caffrey
was commissioned to the work. He preached his first sermon in the court
house June 15, 1860. On the 3d of August the first presbyterian church of
Portland was reorganized by Lewis Thompson of Clatsop, with seventeen mem
bers, and regular services held in a room on the corner of Third and Madison
streets. Caffrey's ministrations were successful; and in 1863 the corner-stone
of a church edifice was laid on Third and Washington streets, which was
finished the following year, at a cost of $20,000. Geary's Or. Prexbytert/, 2;
Portland Herald, Jan. 26, 1873; Deadt/'s Scrap-Book, 43, 85. When in 1869
Caffrey resigned his charge to Lindsley, there was a membership of 103, and
the finances of the church were in good condition. In 1882 the church
divided, and a new edifice was erected, costing $25,000, at the north-east cor
ner of Clay and Ninth streets, called Calvary Presbyterian Church, with E.
Trumrell Lee first pastor. The church edifice at Corvallis was begun in 1860
and completed in 1864, at a cost of $6,000, Hanna contributing freely of his
own means. Richard Wylie, assigned by the board of missions to this place
in the latter year, was the first pastor regularly installed in this church.
Richard Wylie was one of three sons of James Wylie, who graduated together
at Princeton. In 1865 the father and James and John, Richard's brothers,
came to the Pacific coast, James accepting a pastorate in San Jose, California,
and John being assigned to the church in Eugene City. James Wylie, sen.,
was examined for the ministry by the Oregon presbytery, licensed to preach,
and finally ordained for tlie full ministry. Geary's Or. Presbytery, 2.
In 1866 the presbytery consisted of the ministers above named, with the
addition of W. J. Monteich, Anthony Simpson, and J. S. Reasoner, the former
682 CHURCHES AND CHURCH SCHOOLS.
assigned to Albany, and Simpson to Olympia, which by the lapse of the Puget
Sound presbytery, erected in 1858, came again under the care of Oregon. A
church was organized at Albany by Monteith, and a private classical school
opened, which grew into the Albany collegiate institute under the care of the
presbytery, a tract of live acres being donated by Thomas Monteith, one of
the town ownei^s, and brother of W. J. Monteith. The citizens erected a
substantial building, and in spite of some drawbacks, the institution grew in
reputation and means. Reasoner was not called upon to labor for the church,
being advanced in years and a farmer. In 1808 H. H. Spalding, whom the
congregational association had advised to accept an Indian agency, became a
member of the presbytery, but he was not given charge of a church, being
broken in mind and body by the tragedy of Waiilatpu. His death occurred
at Lapwai, where he was again acting as missionary to the Nez Perces,
August 3, 1874, at the age of 73 years. The first presbyterian church of
Saiem was organized May 20, 18G9, with sixteen members. Their church edi
fice was erected in 1871, at a cost of $6,000. Within the last ten years churches
have been organized and houses of worship erected in Roseburg, Jacksonville,
and Marshfield in southern Oregon.
All that has been said above of presbyterians relates to the old-school
division of that church. There were in Oregon, however, others, under the
names of Cumberland presl>yterians, associate presbyterians, and associate
reformed. In 1351 James P. Millar, of Albany, N. Y., arrived in Oregon as
a missionary of one of these latter societies; but finding here 200 members
and half a dozen ministers of the two societies, he entered into a scheme to unite
them in one, to be known as the United Presbyterian church of Oregon, con
stituting one presbytery, and being independent of any allegiance to any
ecclesiastical control out of Oregon. The men who formed this church were
James P. Millar, Thomas S. Kendall, Samuel G. Irvine, Wilson Blain, Jamea
Worth, J. M. Dick, and Stephen D. Gager. Or. Statesman, Dec. 18, 1852. In
1858 they founded the Albany academy, with Thomas Kendall, Delazon Smith,
Dennis Beach, Edward Geary, Walter Monteith, J. P. Tate, John Smith,
James H. Foster, and R. H. Crawford trustees. This school was superseded
by the Albany institute in 1867. Or. Law*, Special, 1857-8, 9-10; Afesx. and
Docs, Pub. Instruction, 1878, 81-2. A college, known as the Sublimity, was
created by legislative, act in January 1858, to be controlled by the United
Brethren in Christ; but whether this was a school of the united presbyterians
I am unable to determine.
The pioneer of the Cumberland presbyterians was J. A. Cornwall of
Arkansas, who came to Oregon in 1846 by the southern route, as the reader
may remember. Cornwall was the only ordained minister until 1851, when
two others, Neill Johnson of Illinois, and Joseph Robertson of Tennessee,
arrived. By order of the Missouri synod, these ministers met in 1847, at the
house of Samuel Allen in Marion county, and formed the Oregon presbytery
of the Cumberland presbyterian church, W. A. Sweeney, another minister,
being present. Five ruling elders, who had partially organized congregations,
were admitted to seats in the presbytery, as follows: John Purvine from
Abiqua, Joseph Carmack from La Creole, Jesse C. Henderson from Yamhill,
David Allen from Tualatin, and D. M. Keen from Santiam. There were at
this time four licentiates in the territory; namely, B. F. Music, John Dillard,
William Jolly, and Luther White. The whole number of members in com
munion was 103.
There was no missionary society to aid them, the ministers being sup
ported by voluntary offerings. But in the spring of 1853 an effort was made
to raise funds to found a college under their patronage, and in the following year
a building was erected at Eugene City, costing $4,000, with an endowment
fund amounting to $20,000. The school was opened in November 1856, under
the presidency of E. P. Henderson, a graduate of Waynesville college, Penn
sylvania, with fifty-two students. Four days after this auspicious inaugura
tion the college building was destroyed by an incendiary fire. Not to be
defeated, however, another house was procured and the school continued,
THE BAPTISTS. 683
while a second building was erected at a cost of $3,000, the second session
doubling the number of students. The attendance increased to 150 in 18J7,
but again, on the night of the 26th of February, 1858, the college was
burned. A stone building was then begun, and the walls soon raised. Be
fore it was completed a division took place on the issue of bible-reading and
prayer in the school, and those opposed to these observances withdrew their
aid, and the unfinished building was sold by the sheriff to satisfy the me
chanics. I find among the Orejon Special Law* of 1857-8 an act incorporat
ing the Union University Association, section 4 of which provides that the
4 utmost care shall be taken to avoid every species of preference for any sect
or party, either religious or political.' This was probably the form of protest
against sectarian teaching which destroyed the prospects of the Cumberland
school. Henderson, after a couple of sessions in a rented house, seeing no
hope for the future, closed his connection with the school, which was sus
pended soon after, and never revived.
About 1875 W. R. Bishop of Brownsville completed a commodious school
building as an individual enterprise, and established a school under the name
of Pringipia Academy, with a chapel attached. In 18G1 the Oregon Cumber
land presbytery was divided, by order of the Sacramento synod to which it
belonged, and all of Oregon south of Calapooya Creek on the east side of the
Willamette River, and all south of La Creole River on the west side of the
Willamette, was detached and made to form the Willamette presbytery, while
all north of that retained its former name. In 1874 the Oregon presbytery
was again divided, that part east of the Cascade Mountains and all of Wash
ington being set off and called the Cascade presbytery, with four ordained
ministers, the Oregon presbytery having begun its operations in the Walla
Walla Valley in 1871, when A. W. Sweeney organized a church at Waitsburg
with eighteen members, since which time several others have been formed,
and churches erected. By order of the general assembly of the Cumberland
in May 1875, the Oregon synod was constituted, composed of these three
presbyteries, which have in communion 700 members, and own thirteen houses
of worship, worth $19,000. See centennial sketch by Neill Johnson, in Port
land Pac. Christian Advocate, May 4, 1876.
Among the early immigrants to Oregon were many Baptists, this denomi
nation being numerous in the western and south-western states. As early as
1843 a society was organized and a church building erected at Oregon City.
Other churches soon followed, Portland having an organized society in 1855,
although not in a flourishing state financially. It was not until June 1800
that a missionary, Samuel Cornelius of Indianapolis, arrived, appointed by
the American Baptist Home Mission, to labor in Portland. His introductory
sermon was preached in the methodist church on the first Sunday in July,
but a public hall was soon secured, and the organization of the Frst Baptist
Church of Portland took place on the 12th of August, with twelve members;
namely, Samuel Cornelius and wife, Josiah Failing and wife, Douglas W. Wil
liams, Elizabeth Failing, Joshua Shaw and wife, R. Weston and wife, and
George Shriver and wife. First Baptl t Church Manual, 1. This small body
made a call on Cornelius to become their pastor, which was accepted, and on
him and the two deacons, Williams and Failing, devolved the task of building
a house of worship. A half-block of land on the corner of Fourth and Alder
streets had been donated for the site of a baptist church by Stephen Coffin sev
eral years before, and on this was begun a building, which was so far completed
by January 5, 18G2, that its basement was occupied for religious services. In
September 1864 Cornelius returned to the east, leaving a membership of 49 per
sons, and the church was without a pastor for two years, during which the
deacons sustained as best they could the burden of the society to prevent it
from falling to pieces. Then came E. C. Anderson of Kalamazoo, Michigan,
sent by the Home Mission Society to act as pastor, in December 1866. The
church was incorporated in March 18G7. Anderson continued in the pastorate
five years, and increased the membership to seventy, the church eduice cost
ing $112,500, being dedicated in January 1870. The incorporators were Josiah
684 CHURCHES AND CHURCH SCHOOLS.
Failing, Joseph N. Dolph, W. S. Caldwell, John S. White, George C. Chandler,
and W. Lair Hill. Again no one was found to supply the place of pastor for
a year and a half, when A. R. Medbury of San Francisco accepted a call,
and remained with this church three years, during which forty new members
were added, and a parsonage was presented to the society by Henry Failing,
since which time the church has been fairly prosperous. In 1861 the number
of baptists in Oregon was 484, of churches 13, and ordained ministers 10.
The first baptist school attempted was Corvallis Institute, which seems not
to have had any history beyond the act of incorporation in 185G-7. An act
was also passed the following year establishing a baptist school under the
name of West Union Institute, in Washington county, with David T. Lennox,
Ed H. Lennox, Henry Sewell, William Mauzey, John S. White, and
George C. Chandler as trustees. At the same session a charter was granted
to the baptist college at McMinnville, a school already founded by the Disci
ple or Christian church, and turned over to the baptists with the belongings,
six acres of ground and a school building, as a free gift, upon condition that
they should keep up a collegiate school. The origin of McMinnville and its
college was as follows: In 1852-3, W. T. Newby cut a ditch from Baker
Creek, a branch of the Yamhill River, to Cozine Creek, upon his land, where
he erected a grist-mill. In 1854 S. C. Adams, who lived on his donation
claim 4 miles north, took a grist to mill, and in the course of conversation
with Newby remarked upon the favorable location for a town which his land
presented, upon which Newby replied that if he, Adann, would start a town,
he should have half a block of lots, and select his own location, from which
point the survey should commence. In the spring of 1855 Adams deposited
the lumber for his house on the spot selected, about 200 yards from the mill,
and proceeded to erect his house, where, as soon as it was completed, he went
to reside. Immediately after he began to agitate the subject of a high school
as a nucleus for a settlement, and as he and most of the leading men in Yam-
hill were of the Christian church, it naturally became a Christian school.
James McBride, William Dawson, W. T. Newby, and Adams worked up the
matter, bearing the larger part of the expense. Newby gave six acres of lan;l.
The building erected for the school was large and commodious for those times.
Adams, who was a teacher by profession, was urged to take charge of the
school, and taught it for a year and a half. Among his pupils were John R.
McBride, L. L. Rowland, J. C. Shelton, George L. Woods, and Wm D. Baker.
But there had not been any organization, or any charter asked for, and Adams,
who found it hard and unprofitable work to keep up the school alone, wished
to resign, and proposed to the men interested to place it in the hands of the
baptists, who were about founding the West Union Institute. To this they
made no objection, as they only wished to have a school, and were not secta
rian in feeling. Accordingly, Adams proposed the gift to the baptists, and
it was accepted, only one condition being imposed, and agreed to in writing,
to employ at least one professor in the college department continuously. It
was incorporated in January 1858 as the baptist college at McMinnville, by
Henry Warren, James M. Fulkerson, Ephriam Ford, Reuben C. Hill, J. S.
Holman, Alexius N. Miller, Richard Miller, and Willis Gaines, trustees.
The Washington county school was allowed to drop, and the McMinnville
college was taken in charge by G. C. Chandler in the collegiate department,
and Mrs N. Morse in the preparatory school. The incorporated institution
received the gift of twenty acres of land for a college campus from Samuel
and Mahala Cozine and Mrs P. W. Chandler. It owned in 1882 three thou
sand dollars in outside lands, a building fund of twenty-one thousand dollars,
and an endowment fund of over seventeen thousand, besides the apparatus and
library. From addresses by J. N. Dolph and W. C. Johnson in McMinville
College and ('atalofjue, 1882. A new and handsome edifice has been erected,
whose corner-stone was laid in 1882. The Beacon, a monthly denominational
journal, was published at Salem as the organ of the baptists.
Several attempts were made to have colleges free from sectarian influence,
which rarely succeeded. The Jefferson institute, incorporated in January
EPISCOPALIANS. 685
1857, and located at Jefferson is an exception. This school is independent
and has been running since its founding in 1856-7. Any person may become
«jT™ ^y Puaymf $5° int° the endow™nt fund, which amounts to about
1^1 i ?u i consis^ of fifteen trustees, five of whom are annually
elected by the members. Three directors are elected by the board from their
own number, who have the general management of school affairs. The first
board of trustees were Geo H Williams, J. H. Harrison, Jacob Conser, E. E.
Parnsh, W. F. West T. Small, H A. Johnson, C. A. Reed, N. R. Doty, J
B. Terhune, J. S. Miller^ James Johnson, L. Pettyjohn, Manuel Gonzalez
and Andrew Cox. Mrs Conser gave a tract of land in eight town lots The
building cost $3 000. C. H. Mattoon was the first teacheY, in 1857 Portland
Pac^ Advocate, Feb. 24 and March 2, 1870; Kept ofSupt Pub. In'truc., 1878,
91-2. The number of pupils in 1884 was about one hundred. The curricu
lum does not embrace a college course, but only the preparatory studies.
The Butteville Institute, established by legislative act in January 1859 wag
an independent school, which, if ever successful, is now out of ex^tence
1 he pioneer of the Protestant Episcopal Church in Oregon was St M Fack
ler, who crossed the plains with the immigration of 1847 in search of health
of whom I have spoken in another place. He found a few members of this"
church in Oregon City and held occasional services in 1848 at the house ol
A McKinlay, but without attempting to organize a church. The first mis
sionary of the episcopal church in the east was William Richmond of the
mocese ol JNew York, appointed by the Board of Domestic Missions in April
fVv M-l °r tn Qgi°n' ard 7h° orSanized congregations at Portland, Oregon
.uy, Milwaukee, Salem, Lafayette, and other places before the close of that
ear adding Champoeg, Chehalem, and Tualatin plains the following year
In the fall ot 18o2 he was oined by James A. Woodward of the diocese of
Pennsylvania, who like Fackler had made the overland journey to etter his
physical condition and had succeeded, which Fackler did not. Y After the ar
rival of Woodward, services were held in the congregational church at
Oregon City until a room was fitted up for the purpose
In January 1853 John McCarty of New York diocese arrived as army chap-
am at Vancouver. At this time there were about twenty members in Port
land who formed Trinity Church organization. At the meeting™ ? the general
convention held m New York in October 1853, Thomas Fiflding Scott of
the diocese of Georgia was elected missionary bishop of Oregon and Wash
ington, but before his arrival Richmond and Woodward had returS to the
east, leaving only Fackler and McCarty as aids to the bishop. Two church
TriSS ?? P f? ^ T? T ?.ed' the firSt' St J°hn'S at Milwaukee, the second,
T.miy at Portland. The latter was consecrated September 24th, about three
mon ths after the arrival of Scott. In 1855 the church at Milwaukee and
another at Salem were consecrated, but without any increase of the clerical
force until late m this year, when Johnston McCormack, a deacon, arrived
who was stationed temporarily at Portland. In 1856 arrived John Sel wood
and his brother James R.W. Sellwood; but having been wounded n the
PanamA not of that year John was not able for some months to enter upon
is duties. His brother, however, took charge of the church at Salem. The
first episcopal school for boys was opened this year at Oswego under the
.lanagement of Bernard Cornelius, who had recently taught in Olympia" and
*as a graduate of Dublin university. Seventy acres of land, and a large
wellmg-house pleasantly situated, were purchased for this purpose. j£2£
Daly was ordained deacon m Afay, giving a slight increase to the few work-
?>Q hi Tl i? QStV?Iary S,C;hurch at E?Sene City was consecrated in January
Lo-jy DV lilSllOD OCOtt: arm thprp arnvo/l olc.^ *!,;« „ ._ .C— . -i_.
fi c
o
Ie was for many years a pastor and teacher at Astoria, but Returned to
Canada afterward St Paul's chapel at Oregon City was dedicated ™n the
pnng of 1801; and m the autumn Scott opened a girls' school at Milwaukee
686 CHURCHES AND CHURCH SCHOOLS.
which was successful from the first. The Ore yon Churchman, a small monthly
publication in the interests of the church, was first issued this year.
The episcopal church was making steady advances when in 18G7 Bishop
Scott died, universally lamented. Over 200 persons had been confirmed, not
all of whom remained steadfast during an interval of two years when the
diocese was without a head. A fresh impetus was imparted to the life of the
church when a new missionary bishop, B. Wistar Morris, arrived in Oregon,
ia June 1869. A block of land was purchased in Portland, on Fourth Street,
between Madison and Jefferson, and St Helen Hall built. By the Cth of
September ic had fifty pupils. In the following year it was enlarged, and be
gun its second year with 123 pupils. The Scott grammar and divinity school
for boys was erected in 1870, on a tract of land in the western part of Couch's
addition, commanding a fine view of Portland and the Willamette River. Both
of these institutions were successful, the grammar school having to be enlarged
in 1872. The building was burned in November 1877, but rebuilt larger than
before, at a cost of $25,000. In the same year the congregation of trinity
church erected a new edifice on the block occupied by the former one between
Oak and Pine, but facing on Sixth Street, and costing over $30,000, the bishop
being assisted by several clergymen. A church had been organized in Walla
Walia by Wells, who extended his labors to several of the towns of eastern
Oregon in 1873. In 1874 the bishop laid the corner-stones of five churches,
and purchased four acres of land in the north-western quarter of Portland, on
which was erected a hospital and orphanage, under the name of Good Samar
itan, the energy of Morris and the liberality of the people of Portland
placing the episcopal society in the foremost rank in point of educational and
charitable institutions. When Scott entered upon his diocese, it included all
of the original territory of Oregon, but occupied later only Oregon and Wash
ington. In the latter, in 1870, there were seven churches, one boarding-school
for girls — at Walla Walla — one parish school, one rectory, and 157 communi
cants. Episcopal Church in Or. , a history prepared for the centennial commis
sioners, 1870, Vancouver, 1870; Seattle Intelligence, Aug. 24, 1879.
Among the other religious denominations of Oregon were the Campbellites.
Like the other churches, they knew the value of sectarian schools, and accord
ing to one of their elders, would have had one in every county had it been
practicable. As I have before said, they founded the school at McMinuville,
which became a baptist college, James Me Bride, William Dawson, and S. C.
Adams erecting the first college building. Adams taught the school just
previous to its transfer. A little later than the McMinnville school was
the founding of the Bethel Academy in 1856. The promoters of this enter
prise were Elder G. 0. Burnett, Amos Harvey, Nathaniel Hudson, and others.
In 1855 it was chartered by the legislature as the Bethel Institute. In Octo
ber they advertised that they were ready to receive pupils, and also that 'stu
dents will be free to attend upon such religious services on each Lord's day
as they may choose.' The institute opened in November with fifty or sixty
pupils in attendance, and we learn that 'Judge Williams addressed the peo
ple' at a meeting of the trustees in February following. L. L. Rowland and
N. Hudson were teaching in 1859, and in 18GO the act of incorporation was
amended tj read Bethel College. Or. Law*, 1800, 102-3. At tiiis time the
Bethel school was prosperous. It had a well-selected library, and choice appa
ratus in the scientific departments.
But Bethel had a rival in the same county. In 1855 measures were taken
to found another institution of learning, the trustees chosen being Ira F. But
ler. J. E. Murphy, R. P. Boise, J. B. Smith, S. Simmons, William Mason,
T. H. Hutchison, H. Burford, T. H. Lucas, D. R. Lewis, and S. S. Whitman.
This board organized with Butler for president, Hutchison secretary, and
Lucas treasurer. A charter was granted them the same year, incorporating
Monmouth University; 460 acres of land were donated, Whitman giving
200, T. H. Lucas 80. A. W. Lucas 20, and J. B. Smith and Elijah Davidson
each 80. This land was laid out in a town site called Monmouth, and the
lots sold to persons desiring to reside near the university. In the abundant
UNITARIANS AND LUTHERANS. 637
charity of their hearts, and perhaps with a motive to popularize their insti
tution, the trustees passed a resolution to establish a school for orphans in
connection with the university; but this scheme being found to be impracti
cable, it was abandoned, and the money subscribed to the orphan school re-
Not'withstanding its ambitious title, the Moumouth school only served to
divide the patronage which would have been a support for one only, and after
ten years of unprolitable effort, it was resolved in convention by the Christian
church to unite Bethel and Monmouth, under the name of Monmouth Chris
tian College, which was done. The first session of this college is reckoned
from October 18GG to June 1867. The necessity for an endowment led, m
18G8, to the sale of forty scholarships at five hundred dollars each, by which
assistance the institution became fairly prosperous. On the organization of
the co'lege, L. L. Rowland of Bethany college, Virginia, was made principal,
with N. Hudson assistant. In 18G9 a more complete organization took place,
and T. F. Campbell, a native of Mississippi and graduate of Bethany college,
was placed at the head of the college as principal, being selected president
the ioliowin<* year, a situation which he held for thirteen years with profit to
the management. A substantial brick building was erected, a newspaper,
the Monmouth Christian Messenger, published, and the catalogue showed 2^0
property is valued at twenty thousand dollars, and the endowment twenty-
five thousand. The census of 1870 gives the number of Christian churches at
twenty -six, and church edifices at sixteen. At a Christian cooperation con
vention held at Dallas in 1877, thirty-one societies were represented. Later
a church was organized in Portland, and a building erected for religious ser-
Baker City Academy, an incorporated institution, was opened in 1868,
with F H Grubbe principal, assisted by his wife, Jason Lee's daughter.
Grubbe subsequently took charge of The Dalles nigh school, his wne dying
at that place in 1881. He was succeeded in the Baker City academy by S.
P Barrett, and later by William Harrison. As the pioneer academy of east
ern Oregon, it did a good work. The corner-stone of the Blue Mountain
University at La Grande was laid in 1874. In 1878 it was in successful op
eration, wilh colleges of medicine, law, and theology promised at an early
day In addition to the preparatory and classical departments, there were
two scientific courses of four years. The school was non-sectarian. G. E.
Ackerman was first president. A good school was also established at Union,
and the Independent Academy at The Dalles. The latter institution acquired
possession of the stone building partially erected for a mint in 1SG9-/0, but
presented to the s.ate when the mint was abandoned, and by the state trans
ferred to this school.
The First Unitarian Church of Portland, incorporated m 1865 by Thomas
Frazier E. I). Shattuck, and R. R. Thompson, was the first of that denom
ination in the state. Its first house of worship was located on the corner • ot
Yamhiil and Seventh streets, a plain building of wood, the lot costing $/,(X)0,
with free seats for 300 people. Its pastor, T. L. Eliot, drew to this modest
temple goodly congregations; the society grew, and in 1878 was laid the cor
ner-stone of the present church of Our Father, one of the most attractive
edifices in the city, which was dedicated in 1879. Olympia Imitanan Advo
cate, Aug. 1878; 'Portland Oref/onian, July 27, 1878, June 14, 1879. There
is a small number of universalists in the state. They had a church at Coquule
City, organized by Zenas Cook, missionary of this denomination, lliey
erected a place of worship in 1878.
688 PUBLIC SCHOOLS AND BENEVOLENT INSTITUTIONS.
years of struggle against adverse circumstances, the building" was sold by the
sheriff in May 1875. Another lutheran church was organized in 1871, by A.
E. Fridrichsen, from the Danes, Swedes, and Norwegians of Portland, and
incorporated June 9, 1871, under the name of the Scandinavian Evangelical
Lutheran Church of Portland. Being offered building ground in East Port
land by James B. Stephens and wife, they built there, but services were also
held in the basement of the first presbyterian church, where a discourse in the
Swedish tongue was preached Sunday evenings. As there was considerable im
migration from the Scandinavian and German countries, the lutheran church
rapidly increased in Oregon and Washington. From centennial report by A.
Emil Fridrichsen, in Portland Christian Advocate, May 11, 1876.
Portland had also a German church, an African Methodist Episcopal Zion
church, two Jewish societies, Beth Israel with a synagogue at the corner of
Fifth and Oak, and Ahavai Sholom with a synagogue on Sixth street, between
Oak and Pine, and a Chinese temple on Second street, between Morrison and
Adler streets.
The Seventh-Day Adventists had a church incorporated in September
1878, at Milton, Umatilla county, by J. C. Burch, W. Eussell, and W. J.
Goodwin.
The First Society of Humanitarians of Astoria was incorporated in Janu
ary 1878, by James Taylor, L. O. Fruit, and John A. Goss.
The Methodist G. Church South was organized at Wiiigville, Baker county,
in 1878, Hiram Osborne, C. G. Chandler, and E. C. Perkins, trustees.
The Emanuel Church of the Evangelical Association of North America, of
Albany, was incorporated July 22, 1878, by E. B. Purdom, F. Martin, and L.
G. Allen.
There were Hebrew Congregations at Astoria and Albany. Or. Sec. State
Rapt, 1878, 112-20.
The latest available statistics, those of 1875, gave the number of religious
organizations in Oregon, of all denominations, at 351, with 242 churches, 320
clergymen, 14,324 communicants, and 71,630 adherents. The assessed value
of the church property was $654,000. During the years following there was
a large increase in numbers and property. With respect to numbers, the
different denominations rank as follows: Methodists, baptists, catholics, epis
copalians, congregationalists, and other minor sects.
PUBLIC SCHOOLS AND BENEVOLENT INSTITUTIONS.
That section of the organic act which conferred 1,280 acres of land upon
every township for the support of public schools made a system of free edu
cation obligatory upon the people, and one of the first acts of the legislature
of 1849 was a law in consonance with this gift, providing for the appropria
tion of the interest of the money arising from the sale of school lands to tha
purposes of public insruction. The law, in a revised form, exists still. But th«
income of the school fund arising from sales of school land was not sufficient
for the support of the common schools, and in 1853-4 the revised law provided
for levying a tax in every county, of two mills on the dollar, and ako that the
county treasurer should set apart all moneys collected from fines for breach of
any of the penal laws of the territory, in order to give immediate effect to the
educational system. The legislature of 1854-5 made every school district a
body corporate to assess and collect taxes for the support of the public schools
for a certain portion of the year.
When Oregon became a state it was even more richly endowed with lands
for educational purposes, and in its constitution generously set apart much of
its dower for the same purpose. In 1876 the common-school fund amounted
to over half a million dollars. For the school year of 1877-8 the interest on
the school fund amounted to over $48,000. As the fund increases with the
gradual sale of the school lands, it is expected that an amount will eventually
be realized from the three million acres remaining which will meet the larger
part of the expense of the public schools. In Portland, where «he schools are
STATE UNIVERSITY. 689
more perfectly graded than elsewhere, the cost per year for each pupil has
been about twenty-one dollars. The total value of public school property in
the state in 1877-8 was nearly half a million dollars, comprising 752 school-
houses and their furniture. The lowest average monthly salary in any county
was thirty-five dollars, and the highest seventy-one. Biennial Rept Supt
Pub. Instruc. Or., 1878, 20. The course of study in the common schools,
which is divided into seven grades, preparatory to the high-school course, ia
more fully exemplified in Portland than elsewhere. The whole city is com
prised in one district, with buildings at convenient distances and of ample
size. The Central school was iirst opened in May 1858. It was built on a
block of land between Morrison and Yamhill and Sixth and Seventh streets,
for which in 1856 $1,000 was paid, and a wing of the main building erected,
costing $3,COO, the money being raised by taxation, according to the school
law. The following year another $4,000 was raised and applied to the com
pletion of the building; 111 pupils were present at the opening, the principal
being L. L. Terwiliiger, assisted by 0. Connelly and Mrs Hensill. In 1872-3
the original structure was moved and added to, making a new and commodi
ous house at a cost of over $30,000. In 1883, the block on which it stood be
ing needed for a hotel, the building was moved to a temporary resting-place
on the next block north. The second school building was erected in 18G5, at
the corner of Sixth and Harrison streets, eleven blocks south of the Central, at
a cost of about ten thousand dollars. It was twice enlarged, in 1871 and 1877,
at a total cost of nearly $21,000. The Harrison-Street school was opened in
January 18G6 by 11. K. Warren, principal, assisted by Misses Tower, Ste
phens, and Kelly. In May 1870 it was nearly all destroyed by fire, but was re
built the same year at a cost of $18,000, and reopened in February 1880. The
third school building erected in the district was called the North School, and
was located between Tenth and Eleventh and C and D streets, in Couch's Addi
tion. It was built in 1SG7, the block and house costing over seventeen thousand
dollars. Two wings were added in 1877, with an additional expenditure of
over four thousand. The first principal wasG. S. Pershin, assisted by Misses
Hay, Northrup, and Polk. The fourth, or Park School, was erected in 1878-
9, on Park Street, at a cost of $42,000. The high school occupied the upper
floor, and some grant mar classes the lower. Each of these four schools had
in 1883 a sealing capacity of some G50, while the attendance was about four
hundred and seventy-live for each. Two fine school buildings have been added
since 1880, one in the north end of the city, called the Couch School, and one
in the south end, named the Failing School, after two prominent pioneers of
Portland. There was a high school, three stories and basement, of the most
modern design, which cost ^150,000.
The State University, which received an endowment from the general
government of over 40,000 acres of land, has realized therefrom over $70,000,
the interest on which furnishes a small part of the means required for its sup
port, the remainder being derived from tuition fees. The institution passed
through the same struggles that crippled private institutions.
After expending the money appropriated by congress in political squab
bles, it was for a long time doubtful if a university would be founded
within the generation lor whom it was intended, when Lane county came to
the rescue in the following manner: The citizens of Eugene City resolved in
1872 to have an institution of learning of a higher grade than the common
schools. An association was incorporated in August of that year, consisting of
J. M. Thompson, J. J. Walton, Jr, W. J. J. Scott, B. F. Dorris, J. B. Under
wood, J. J. Comstock, A. S. Patterson, S. H. Spencer, E. L. Bristow, E. L.
Apple^ate, and A. W. Patterson, of Lane county, which was called the
Union University Association, with a capital stock of $50,000, in shares of
$100 each. During the discussions consequent upon the organization, a propo
sition was made and acted upon, to endeavor to have the state university
located at Eugene. When half the stock was subscribed and directors
elected, the matter was brought before the legislature, of which A. W. Pat
terson \vas a member. An act was passed establishing the state university
HIST. OB., VOL. II. 44
690 PUBLIC SCHOOLS AND BENEVOLENT INSTITUTIONS.
in September 1872, upon the condition that the Union University Association
should procure a suitable building site, and erect thereon a building which
•with the furniture and grounds should be worth not less than $50,000, the
property to be deeded to the board of directors of the state university free of
all incumbrances, which was done. The law provided that the board of state
university directors should consist of six appointed by the governor, and three
elected by the Union University Association. The governor appointed Matthew
P. Deady, L. L. McArthur, E. S. Strahan, T. G. Hendricks, George Hum
phrey, and J. M. Thompson, the three elected being B. F. Dorris, W. J. J.
Scott, and J. J. Walton, Jr. At the first meeting of the board, in April 1873,
Deady was elected president.
The legislature gave substantial aid by appropriating $10,000 a year for
1877-8. Eighteen acres of land were secured in a good situation, and a build
ing erected of brick, 80 by 57 feet, three stories in height, with porticoes, man
sard roof, and a good modern arrangement of the interior; cost, $80,000.
It was necessary to provide for a preparatory department. The institution
opened October 10, 1876, with 80 pupils in the collegiate and 75 in the pre
paratory departments; 43 in the collegiate department were non-paying, the
•university law allowing one free scholarship to each county, and one to each
member of the legislature. Owing to the want of money, there was not a full
board of professors; those who were first to organize a class for graduation
had many difficulties to contend with. The first faculty consisted only
of J. W. Johnson, president and professor of ancient classics, Mark Bailey,
professor of mathematics, and Thomas Condon, professor of geology and nat
ural history. The preparatory school was in charge of Mrs Mary P. Spiller,
assisted by Miss Mary E. Stone. From these small beginnings was yet to
grow the future university of the state of Oregon. In 1884 there were 7 regu
lar professors, 2 tutors, 215 students, and 19 graduates. JR< gents' llept, 1S7S,
titate University; Or. Mess, and Docs, 1876, 148-53; Deady' s Hist. Or., MS.,
55; Univer. Or. Catalogue, 1878, 18.
State institutions for the education of deaf, dumb, and blind persons re
mained backward. The deaf-and-dumb school at Salem was organized in
1870, with thirty-six pupils in attendance, in the building formerly occupied
by the academy of the Sacred Heart, which was removed into a new one.
The legislature provided by act of 1870 that not more than $2,000 per annum
of public money should be expended on the instruction of deaf-mutes. The
legislature of 1874 appropriated $10,000 for their maintenance, and the legis
lature of 1876, $12,000, The first appropriation for the blind was made in
1872, amounting to $2,000; in 1874, $10,000 was appropriated; in 1876,
§8,000; and in 1878 a general appropriation of $10,OJO was made, with no
directions for its use, except that it was to pay for teachers and expenses of
the deaf, dumb, and Hind schools. In 1878 the institute for the blind was
closed, and the few under instruction returned to their homes; it was reopened
and closed again in 1884, waiting the action of the legislature. These insti
tutions have no fund for their support, but depend upon biennial appropri
ations. Like all the other public schools, they were for a time under the
management of the state board of education, but the legislature of 1880 organ
ized the school for deaf-mutes by placing it under a board of directors. Or.
Mess, and Doc*, 1882. 32.
A protege of the general government was the Indian school at Forest Grove,
where a hundred picked pupils of Indian blood were educated at the nation's
expense. The scheme was conceived by Captain C. M. Wilkinson of the
3d U. S. infantry, who procured several appropriations for the founding and
conduct of the school, of which lie was made first superintendent. The ex
periment began in 1880, and promised well, although the result can only be
known when the pupils have entered actual life for themselves.
Of special schools, there were a few located at Portland. The homeopathic
medical college, H. McKinnell, president, was a society rather than a school.
The Oregon school and college association of natural history, under the
presidency of Thomas Condon, was more truly a branch at large of the state
PROSE AND POETRY. 691
university. P. S. Knight, secretary, did much in Salem to develop a
taste for studies in natural history, by example, lecturing, and teaching;
while Condon, whose name was synonymous with a love of geological studies
and other branches of natural science, did no less for The Dalles, Portland,
Forest Grove, and Eugene. These with other friends of science formed
an association for the cultivation and spread of the natural science branches
of education, the seat of which was Portland.
The Oregon Medical College of Portland was formed by the union of the
Multnomah County Medical Society and the medical department of the Wil
lamette University. The former society was founded about the beginning of
1805, and the latter organized in 1807. Eighty-three doctors of medicine
were graduated from the university in ten years. In 1877 it was determined
to remove this branch of the university to Portland, where superior advan
tages might be enjoyed by the students, and in February 1873 the incorpora
tion of the Oregon Medical College took place, the incorporators being R.
Glisan, Philip Harvey, W. B. Cardwell, W. H. Watkins, R. G. Rex, O. P.
S. Plummer, Matthew P. Deady, and W. H. Saylor.
LITERATURE.
It cannot be said that Oregon has a literature of its own. Few states have
ever claimed this distinction, and none can properly do so before the men
and women born on its soil and nurtured in its institutions have begun to
send forth to the world the ideas evolved from the culture and observation
obtained there. That there was rather more than a usual tendency to author
ship among the early settlers and visitors to this portion of the Pacific coast
is true only because of the great number of unusual circumstances attending
the immigration, the length of the journey, the variety of scenery, and the
political situation of the country, which gave them so much to write about
that almost without intention they appeared as authors, writers of newspaper
letters, pamphleteers, publishers of journals, petitioners to congress, and re
corders of current events. It is to their industry in this respect that I am
indebted for a large portion of my material. Besides these authors, all of
whom have been mentioned, there remain a few sources of information to
notice.
The Oregon Spectator has preserved some of the earliest poetry of the
country, often without signature. Undoubtedly some of the best was written
by transient persons, English officers and others, who, to while away the te
dium of a frontier life, dallied with the muses, and wrote verses alternately
to Mount Hood, to Mary, or to a Columbia River salmon. Mrs M. J. Bailey,
George L. Curry, J. H. P. , and many noms de ptumr. appear in the Spectator.
Mount Hood was apostrophized frequently, and there appear verses addressed
to the different immigrations of 1843, 1845, and 1846, all laudatory of Oregon,
and encouraging to the new-comers. Lieutenant Drake of the Modcstc wrote
frequent effusions for the Spectator, most often addressed 'To Mary;' and
Henry N. Peers, another English officer, wrote 'The Adventures of a Colum
bia River Salmon,' a production worth preserving on account of its descrip
tive as well as literary merit. It is found in Or. Spectator, Sept. 2, 1847;
Clyman's Note-Book, MS., 9-10, refers to early OregDn poets.
In point of time, the first work of fiction written in Oregon was The Prairie
Flower, by S. W. Moss of Oregon City. It was sent east to be published,
and appeared with some slight alterations as one of a series of western stories
by Emmerson Bennett of Cincinnati. One of its foremost characters was
modelled after George W. Ebberts of Tualatin plains, or the Black Squire, as
he was called among mountain men. Two of the women in the story were
meant to resemble the wife and mother-in-law of Medorum Crawford. Moss's
Pictures Or. City, MS., 18. The second novel was Captain Gray's Company,
by Mrs A. S. Duniway, the incidents of which showed little imagination and
a too literal observation of camp life in crossing the plains. Mrs Duniway
did better work later, although her abilities lie rather with solid prose than
692 LITERATURE.
fiction. Charles Applegate wrote and published some tales of western life,
which he carefully concealed from those who might recognize them. The
list of this class of authors is short. I do not know where to turn for another
among the founders of Oregon literature. Every college and academy had
its literary society, and often they published some small monthly or bi-monthly
journal, the contributions to which may be classed with school exercises
rather than with deliberate authorship.
Mrs Belle W. Cooke of Salem wrote some graceful poems, and pub
lished a small volume under the title of Tears and Victory. Mrs Cooke
was mother of one of Oregon's native artists, Clyde Cooke, who studied in
Europe, and inherited his talent from her. Samuel A. Clarke of Salem, au
thor of Sounds by the Western Sea, and other poems, wrote out many local
legends in verse, with a good deal of poetical feeling. See legend of the Cas
cades, in Harper's Magazine, xlviii., Feb. 1874, 313-19. H. C. Miller,
better known as Joaquin Miller, became the most widely famous of all
Oregon writers, and has said some good things in verse of the mountains and
woods of his state. It is a pity he had not evolved from his inner conscious
ness some loftier human ideals than his fictitious characters. Of all his pic
tures of life, none is so fine as his tribute to the Oregon pioneers, under the
title of Pioneers of the Pacific, which fits California as well.
Miller married a woman who as a lyrical poet was fully his equal; but while
he went forth free from their brief wedded life to challenge the plaudits of
the world, she sank beneath the blight of poverty, and the weight of woman's
inability to grapple with the human throng which surges over and treads down
those that faint by the way; therefore Minnie Myrtle Miller, still in the
prime of her powers, passed to the silent land. Among the poets of the Wil
lamette Valley, Samuel L. Simpson deserves a high rank, having written
some of the finest lyrics contributed to local literature, though his style is un
even. A few local poems of merit have been written by Mrs F. F. Victor,
who came to Oregon by way of San Francisco in 1865, and published sev
eral prose books relating to the country. It seems most natural that all
authorship should be confined to topics concerning the country, its remoteness
from literary centres and paucity of population making it unlikely that any
thing of a general interest would succeed. This consideration also cramps all
intellectual efforts except such as can be applied directly to the paying pro
fessions, such as teaching, medicine, and law, and restricts publication so that
it does not fairly represent the culture of the people, which crops out only inci
dentally in public addresses, newspaper articles, occasionally a pamphlet and
at long intervals a special book. I allude here to such publications as Mullan's
Overland Guide, Drew's Owyhee Reconnaissance, Condon's Report on State,
Geology, Small's Oregon and her Resources, Dufur's Statistics of Oregon,
Deady's Wallamet vs. Willamette, and numerous public addresses in pamphlet
form, to contributions to the Oregon pioneer association's archives, Victor's An
Over Oregon and Washington, Murphy's State Directory, GUisan's Journal of
Army Life, and a large number of descriptive publications in paper covers,
besides monographs and morceaux of every descripton.
The number of newspapers and periodicals published in Oregon in 1880,
according to the tenth census, was 74, against 2 in 1850, 16 in 1860, and 35 in
1870. Of these, 7 were dailies, 59 weeklies, 6 monthlies, 1 semi-monthly, and
1 quarterly. A few only of these had any particular significance. The
Astorian, founded in 1872 by D. C. Ireland, on account of its excellence as
a commercial and marine journal, should be excepted. The Inland Empire
of The Dalles is also deserving of mention for its excellence in disseminating
useful information on all topics connected with the development of the coun
try. The West Shore, a Portland monthly publication, founded in August
1875 by L. Samuels, grew from an eight-page journal to a magazine of from
twenty to thirty quarto pages, chiefly local in character, and profusely illus
trated with cuts representing the scenery and the architectural improvements
of Oregon, Washington, Idaho, Montana, and British Columbia. The locality
longest without a newspaper was Coos Bay, which, although settled early,
PIONEER ASSOCIATIONS. 693
isolated by a lack of roads from the interior, and having considerable busi
ness, had no printing-press until October 1870, when the Monthly Guide was
started at Empire City, a sheet of 4 pages about 6 by 4 inches in size. It
ran until changed into the Coo* Bay News in March 1873, when it was en
larged to 12 by 18 inches. In September of the same year it was removed to
Marshiield and again enlarged.
PIONEER ASSOCIATION.
The Oregon Pioneer Society was organized October 8 and 9, 1867, at
Salem, in the hall of the house of representatives, W. H. Gray being prime
mover. The officers elected were J. W. Nesmith president, Matthew P.
Deady vice-president, I. N. Gilbert treasurer, and Medorum Crawford secre
tary. Resolutions were offered to form committees to obtain facts concerning
the immigration of 1843, and in reference to the civil and political condition of
the country from its earliest settlement.
In the mean time W. H. Gray had founded the Oregon Pioneer and His
torical Society, with its office at Astoria, which society made less of the social
reunions and more of the collection of historical documents, and which held
its first meeting in 1872. I have not been able to find a schedule of its first
proceedings. Truman P. Powers, one of Oregon's most venerable pioneers, was
its president in 1875. He has only recently died. It strikes one, in looking
over the proceedings of that year, that less sectarianism would be conducive to
a better quality of history material.
On the 18th of October, 1873, the original society reorganized as the Ore
gon Pioneer Association, with F. X. Mathieu president, J. W. Grim vice-
president, W. H. Rees secretary, and Eli Cooley treasurer. It held its anni
versaries and reunions on the 15th of June, this being the day on which the
treaty of boundary between Great Britain and the United States was con
cluded. Addresses were annually delivered by men acquainted with pioneer
life and history. Ex-governor Curry delivered the first annual address No
vember 11, 1873, since which time, Deady, Nesmith, Strong, Rees, Holman,
Boise", Minto, Geer, Atkinson, Thornton, Evans, Applegate, Staats, Chadvvick,
Grover, and others have contributed to the archives of the society valuable
addresses. A roll of the members is kept, with place of nativity and year of
immigration, and all are eligible as members who came to Oregon while the
territory was under the joint occupancy of the United States and Great Brit
ain, or who were born or settled in the territory prior to January 1, 1854.
Biographies form a feature of the archives. The association offered to join
with the historical society in 1874, but the latter decided that 'any material
change in its organic existence would defeat the prime object of the society,'
and they remained apart. The association is a popular institution, its reunions
being occasions of social intercourse as well as historical reminiscences, and
occasions for the display of the best talent in the state. The transactions of
each annual meeting are published in a neat pamphlet for preservation. In
1877 the men and women who settled the Rogue River and other southern
valleys, and whose isolation, mining adventures, and Indian wars gave them
a history of their own, hardly identical with but no less interesting than that
of the settlers of the Willamette Valley, met at the picturesque village of
Ashland and founded the Pioneer Society of Southern Oregon on the 13th of
September of that year, about 800 persons being present. Its first officers
were L. C. Duncan president, William Hoffman secretary, N. S. Hayden treas
urer. E. L. Applegate delivered an address, in which he set forth the motives
which animated, and the exploits which were performed by, the pioneers.
Other addresses were made by Thomas Smith, E. K. Anderson, and John E.
Ross. The society in 1885 was in a prosperous condition. Portland Orego-
nian, Nov. 18, 1867; Port/and Advocate, Sept. 14, 1867; Axtoria Astoriaii,
April 3, 1875; Sac. Record- Union, April 3, 1875; Portland Bulletin, Dec.
6, 1871; Portland Oreyonian, March 9, 1872; Ashland Tiding*, Sept. 28, 1877;
Jacksonville Times, April 12, 1878.
694 IMMIGRATION SOCIETY.
LIBRARIES.
The original State Library of Oregon, as the reader knows, was destroyed
by fire in 1855. The later collection numbered in 1885 some 11,000 volumes,
and was simply a law library, as there were few miscellaneous books. It
contained no state historical documents or writings of local authors to speak
of. The annual appropriation of $750 was expended by the chief justice in
purchasing books for the supreme court.
The Library Association of Portland had the largest miscellaneous collec
tion ia the state. It was founded in February 1864 by subscriptions from a
few prominent men. amounting in all to a little over $2,500. At the end of
the first year it had 500 volumes, and increased annually till in 1885 there
were some 12,000 volumes. Although not large, this library was selected
with more than ordinary care, the choice of books having been made princi
pally by Judge Deady, to whose fostering care its continued growth may be
principally ascribed, although the institution is scarcely less indebted to W.
S. Ladd, for the free use of the elegant rooms over his bank for many years.
The first board of directors was W. S. Ladd, B. Goldsmith, L. H. Wakeiield,
H. W. Corbett, E. D. Shattuck, C. H. Lewis, William Strong, W. S. Cald-
well, P. C. Schuyler, Jr, and Charles Calef. The directors were divided into
five classes by lot, the first class going out at the expiration of two years, the
second in four years, and so on to the end, two new directors being elected
biennially. Tue first officers of the association were W. S. Ladd, president;
William Strong, vice-president; Bernard Goldsmith, treasurer; Henry Failing,
corresponding secretary: W. S. Caldwell, recording secretary; H. W. Scott,
\V. B. Cardwell, and C. C. Strong, librarians. In 1872 the association em
ployed Henry A. Oxer as librarian and recording secretary, whose qualifica
tions for the duties materially assisted to popularize the institution. Jud0e
Deacly has been presiding officer for many years.
The Pacific University, State University, Willamette University, Mon-
mouth University, McMinuville and other colleges and schools, and tiie catholic
church of Portland, maintained libraries for the use of those under tuition, and
there were many private collections in the state.
IMMIGRATION SOCIETY.
The first society for the promotion of immigration was formed in 1856, in
New York, under the title of New York Committee of Pacific Emigration.
S. P. Dewey and W, T. Coleman of San Francisco, and Amory Holbrook and
and A. McKinlay of Oregon City, were present at the preliminary meeting at
the Tontine House. An appeal was made to the people of Oregon to interest
themselves in sustaining a board of immigration, and keeping an agent in,
New York in common with the California Emigration Society. Or. Statesman,
Feb. 3, 1857. The matter, however, seems to have been neglected, nothing
further being heard about immigration schemes until after the close of the
civil war, and after the settlement of Idaho and Montana had intercepted the
westward flow of population, reducing it to a minimum in the Willamette
Valley and everywhere west of the Cascades. About 1868 the State Agricul
tural Society appointed A. J. Dufur, its former president, to compile and pub
lish facts concerning the 'physical, geographical, and mineral' resources of the
state, anil a 'description of its agricultural development,' which he accord
ingly did in a pamphlet of over a hundred pages, which was distributed broad
cast and placed in the way of travellers. Dufur's Or. Statistics, Salem, 1869.
In August 1869 a Board of Statistics, Immigration, and Labor Exchange
was formed at Portland, with the object of promoting the increased settlement
of the country, and furnishing immigrants with employment. The board con
sisted of ten men, who managed the business and employed such agents as they
thought best, but the revenues were derived from private subscriptions. Ten
thousand copies of pamphlets prepared by the society were distributed the
IMMIGRATION". 695
first year of its existence, and the legislature was appealed to for help in fur
nishing funds to continue these operations, which were assisted by a subordi
nate society at Salem. Or. Legist. Docs, 1870, 11, app. 1-11. In 1872 E. L.
Applegate was appointed a commissioner of immigration by the legislature,
with power to equip himself with maps, charts, and statistics in a manner prop
erly to represent Oregon in the United States and Europe, and to 'counteract
interested misrepresentations.' Or. Law*, 1872, 38. The compensation for
this service was left blank in the law, from which circumstance, and from the
additional one that Applegate returned to Oregon in the spring of 1872 as a
peace commissioner to the Modocs under pay, it is just to conclude that his
salary as a commissioner of immigration was insufficient to the service, or that
his services were inadequate to the needs of the country, or both.
At the following session in 1874 the State Board of Immigration was
created, October 28th, the members of which were to be appointed by the
governor to the number of five, who were to act without salary or other com
pensation, under rules of their own making. This act also authorized the
governor to appoint honorary members in foreign countries, none of whom
were to receive payment. Or. Law*, 1874, 113. The failure of the legislature
to make an appropriation compelled the commissioners appointed by the gov
ernor to solicit subscriptions in Portland. Considerable money was collected
from business firms, and an agent was sent to San Francisco. Upon recom
mendation of the state board, consisting of W. S. Ladd, H. W. Corbett, B.
Goldsmith, A. Lienenweber and William Ileid, the governor appointed twenty-
four special agents, ten in the United States, ten in Europe, two in New
Zealand, and two in Canada. The results were soon apparent. Nearly 0,000
letters of inquiry were received in the eighteen months ending in September
1876, and a perceptible movement to the north-west was begun. The eastern
branch of the state board at Boston expended $24,000 in the period just
mentioned for immigration purposes; half -rates were secured by passenger
vessels and railway lines from European ports to Portland, by which means
about 4,000 immigrants came out in 1875, and over 2,000 in 1870, while
the immigration of the following year was nearly twelve thousand. Or. M?ss.
and Docs, 1876, 14, 10; Portland Board of Trade, 1877, 17.
On the 24th of January, 1877, the Oregon State Immigration Society
organized under the private-corporations act of 1862, with a capital stock of
$500,003, in shares of §5 each, the object being to promote immigration, col
lect and diffuse information, buy and sell real estate, and do a general agency
business. The president of the incorporated society was A. J. Dufur, vice-
president D. H. Stearns, secretary T. J. Matlock, treasurer L. P. W. Quimby.
By- Laws Or. Em'ifj. Soc., 16. An office was opened in Portland, and the
society, chiefly through its president, performed considerable labor without
any satisfactory pecuniary returns. But there was by this time a wide-spread
interest wakened, which led tostatisical and descriptive pamphlets, maps, and
circulars by numerous authors, whose works were purchased and made use of
by the Oregon and California and Northern Pacific railroad companies to settle
their lands, and by other transportation companies to swell their passenger
lists. The result of these efforts was to fill up the eastern portion of
Oregon and Washington with an active population in a few years, and to
materially increase the wealth of the state, both by addition to its producing
capacity, and by a consequent rise in the value of lands in ^very part of it.
The travel over the Northern Pacific, chiefly immigration, was large
from the moment of its extension to the Rocky Mountains, and was in 1885
still on the increase.
RAILROADS.
In February 1853 the Oregon legislative assembly, stirred by the discus
sion in congress of a transcontinental railroad, passed a memorial in relation
to such a road from the Mississippi River to some point on the Pacific coast,
this being the first legislative action with regard to railroads in Oregon after
the organization of the territory, although there had been a project spoken of,
696 RAILROADS.
and even advertised, to build a railroad from St Helen on the Columbia to
Lafayette in Yamhill county as early as 1850. Or. Spectator, Jan. 30, 1850.
Knighton, Tappan, Smith, and Crosby were the projectors of this road.
In the latter part of 1853 came I. I. Stevens to Puget Sound, full of the
enthusiasm of an explorer, and sanguine with regard to a road which should
unite the Atlantic and Pacific states. Under the excitement of this confident
hope, the legislature of 1853-4 granted charters to no less than four raihvay
companies in Oregon, and passed resolutions asking for aid from congress.
Or. Jour. Council, 1853-4, 125. The Willamette Valley Railroad Company,
the Oregon and California Railroad Company, the Cincinnati Eailroad Com
pany, and the Clackainas Railroad Company were the four mentioned. The
Cincinnati company proposed to build a road from the town of that name in
Polk county to some coal lands in the same county. Id., 125; Or. Statesman^
April 18, 1854. The act concerning the Clackainas company is lacking among
the laws of that session, although the proceedings of the council show that it
passed. It related to the portage around the falls at Oregon City. Or. Jour.
Council, 94, 95, 107, 116, 126. One of these companies went so far as to hold
meetings and open books for subscriptions, but nothing further came of it.
The commissioners were Frederick Waymire, Martin L. Barker, John Thorp,
Solomon Tetherow, James S. Holman, Harrison Linnville, Fielder M. Thorp,
J. C. Avery, and James O'Neil. Or. Statesman, April 11 and 25, 1854. This
was called the Willamette Valley Railroad Company.
A charter was granted to a company styling itself the Oregon and Cali
fornia Railroad Company, who proposed to build a road from Eugene City
to some point on the east side of the Willamette River below Oregon City, or
possibly to the Columbia River. The commissioners for the Oregon and Cal
ifornia road were Lot Whitcomb, N. P. Doland, W. Meek, James B. Stephens,
William Holmes, Charles Walker, Samuel Officer, William Barlow, John
Gribble, Harrison Wright, J. D. Boon, J. L. Parrish, Joseph Holman, Wil
liam H. Rector, Daniel Waldo, Benj. F. Harding, Samuel Simmons, Ralph
C. Geer, William Parker, Augustus R. Dimick, Hugh Cosgrove, Robert
Newell, VV. H. Willson, Green McDonald, James Curl, E. H. Randall, Luther
Elkins, John Crabtree, David Claypole, Elmore Keyes, James H. Foster,
George Cline, John Smith, Anderson Cox, John H. Lines, Jeremiah Duggs,
John N. Donnell, Asa McCully, Hugh L, Brown, James N. Smith, William
Earle, W. W. Bristow, Milton S. Riggs, James C. Robinson, P. Welkins,
William Stevens, Jacob Spores, Benjamin Richardson, E. F. Skinner, James
Hetherly. Felix Scott, Henry Owen, Benjamin Davis, Joseph Bailey, J. W.
Nesmith, and Samuel Brown. Id., April 4, 1854. Of this likewise nothing
came except the name, which descended to a successor. Another corporation
received a charter in 1857 to build a road to Newport on Yaquina Bay,
which was not built by the company chartered at that date. The only
railroads in Oregon previous to the organization of the Oregon Central Rail
road Company, of which I am about to give the history, were the portages
about the cascades and dalles of the Columbia and the falls at Oregon City.
In 1863 S. G. Eliot, civil engineer, made a survey of a railroad line from
Marysville in California to Jacksonville in Oregon, where his labors ended
and his party was disbanded. This survey was made for the California and
Columbia River Railroad Company, incorporated October 13, 1863, at Marys
ville, California. » Eliot endeavored to raise money in Oregon to complete his
survey, but was opposed by the people, partly from prejudice against Califor-
nian enterprises. Marysvil'le Appeal, June 27, 1863; Portland Orejonian, Jan.
4, 1864; Deady's Scrap-Book, 37, 56; Portland Oregonian, Dec. 17, 1863.
Joseph Gaston, the railroad pioneer of the Willamette, then residing in Jack
son county, being deeply interested in the completion of the survey to the
Columbia River, took it upon himself to raise a company, which he placed
under the control of A. C. Barry, who after serving in the civil war had come
to the Pacific coast to regain his health. Barry was ably assisted by George
H. Belden of the U. S. land survey. As the enterprise was wholly a volun
teer undertaking, the means to conduct it had to be raised by contribution,
HISTORY OF THE OREGON CENTRAL. 697
and to this most difficult part of the work Gaston applied himself. A circular
was prepared, addressed to the leading farmers ;ind business men of the coun
try through which the surveying party would pass, inviting their support,
while Barry was instructed to subsist his men on the people along the line
and trust to the favor of the public for his own pay.
The novelty and boldness of these proceedings, while eliciting comments,
did not operate unfavorably upon the prosecution of the survey, which pro
ceeded without interruption, the party in the field living sumptuously, and
often being accompanied and assisted by their entertainers for days at a time.
It was not always that the people applied to were so enthusiastic. One promi
nent man declared that so far from the country being able to support a rail
road, if one should be built the first train would carry all the freight in the
country, the second all the passengers, and the third would pull up the track
behind it and carry off the road itself. 'This same man,' remarks Mr
Gaston, ' managed to get into office in the first railroad company, and has en
joyed a good salary therein for 13 years.' Gastorfs Railroad Devel pment in
Orcyon, MS., 8-9. Gaston continued to write and print circulars, which were
distributed to railroad men, county officers, government land-offices, and all
persons likely to be interested in or able to assist in the organization of a
railroad company, both on the Paci5c coast and in the eastern states. These
open letters contained statistical and other information about the country,
and its agricultural, mineral, commercial, and manufacturing resources.
Hundreds of petitions were at the same time put in circulation, asking congress
to grant a subsidy in bonds and lands to aid in constructing a branch railroad
from the Central Pacific to Oregon.
By the time the legislature met in September, Gaston had Barry's report
completed and printed, giving a favorable view of the entire practicability of
a road from Jacksonville to the Columbia at yt Helen, to which point it was
Barry's opinion any road through the length of the Willamette River
ought to go, although the survey was extended to Portland. To this report
was appended a chapter on the resources of Oregon, highly flattering to the
feelings of the assembly. The document was referred to the committee on
corporations, and James M. Pyle, senator from Douglas county, chairman,
made an able report, supporting the policy of granting state aid. Cyrus 01-
ney, of Clatsop county, drew up the first state subsidy bill, proposing to grant
$2oO,000 to the company that should first construct 100 miles of railroad in
the Willamette Valley. The bill became a law, but no company ever accepted
this trifling subsidy. Portland Oregonian, Sept. 7 and 13, 1864; Barry's Cal.
et- Or. It. R. Surcey, 34; Or. Journal Senate, 18G4, ap. 30-7; Portland Orejo-
nian, Nov. 5, 1864; Or. Jour. House, 1864, ap. 185-9; Or. Statesman, July
23, 1804; Portland Orer/oman, June 20, July 27, Aug. 11, Sept. 13, Oct.
29, 1804. In November, however, after the adjournment of the legisla
ture, an organization was formed under the name of the Willamette Valley-
Railroad Company, -which opened books for subscription, and filed arti
cles of incorporation in December. Id., Nov. 12 and 17, and Dec. 2, 1804;
Deady's Scraj>-Book, 107. The incorporators were J. C. Ainsworth, H. W.
Corbett, W. S. Ladd, A. C. Gibbs, C. N. Carter, I. R. Moores, and E. N.
Cooke. Ainsworth was president, and George H. Belden secretary. Beldcn
was a civil engineer, and had been chief in the surveyor-general's office, but
resigned to enter upon the survey of the Oregon and California railroad. Or.
Argus, May 25, 1863. Barry meantime proceeded with his reports and peti
tions to Washington, where he expected the cooperation of Senators Williams
and Nesmith. The latter did indeed exert his influence in behalf of con
gressional aid for the Oregon branch of the Central Pacific, but Barry became
weary of the uncertainty and delay attendant upon passing bills through con
gress, and giving up the project as hopeless, went to Warsaw, Missouri, where
he entered upon the practice of law.
Before Barry quitted Washington he succeeded in having a bill introduced
in the lower house by Cole of California, the terms of which granted to the
California and Oregon Railroad Company of California, and to such company
698 RAILROADS.
organized under the laws of Oregon as the legislature of the state should
designate, twenty alternate sections of land per mile, ten on each side of the
road, to aid in the construction of a line of railroad and telegraph from some
point on the Central Pacific railroad in the Sacramento Valley to Portland,
Oregon, through the Rogue River, Umpqua, and Willamette valleys, the Cal
ifornia company to build north to the Oregon boundary, and the Oregon com
pany to build south to a junction with the California road. Cong. Globe,
1865-6, ap. 388-9; Zabriakie'fi Land Laws, 637; Veatch&'s Or., 12-21. This
bill, which was introduced in December 1864, did not become a law until
July 23, 1866, and was of comparatively little value, as the line of the road
passed through a country where the best lands were already settled upon.
The bill failed in congress in 1865 because Senator Conness of California
refused to work with Cole. It passed the house late, and the senate not at
all. S. F. Bulletin, March 8, 1865; Eujene Review, in Portland Oregonian,
April 1 and 26, 1865. The California and Oregon railroad had already filed
ar deles of incorporation at Sacramento, its capital stock being divided into
150,000 shares at $100 a share. When the subsidy bill became a law the
Oregon Central Railroad Company was organized, and the legislature, accord
ing to the act of congress, designated this company as the one to receive the
Oregon portion of the land grant, at the same time passing an act pledging
the state to pay interest at seven per cont on one million dollars of the bonds
of the company, to ba issued as the work progressed on the first hundred
miles of road. This aet was repealed as unconstitutional in 1868. Or. Laws,
I860, 1868, 44-5; Deady's Scrap- Book, 176; 3. F. Bulletin, Oct. 25 and Nov.
2, 1S66. See special message of Gov. Woods, in Sac. Union, Oct, 22, 1866.
Articles of incorporation were filed November 21, 1866. The incorporators
were II. R. Thompson, E. D. Shattuck, J. C. Ainsworth, John McCracken,
S. G. Ree-i, W. S. Ladd, H. W. Corbefct, C. H. Lewis of Portland, M. M.
Mclvin, Jesse Applegate, E. R. Geary, S. Ellsworth, F. A. Chenoweth, Joel
Palmer, T. H. Cox, I. R. Moores, George L. Woods, J. S. Smith, B. F.
Brown, and Joseph Gaston. Gaston's Railroad Development of Or., MS.,
15-16.
The incorporators elected Gaston secretary and general agent, authorizing
him to open the stock-books of the company, and canvass for subscriptions,
which was done with energy and success, the funds to construct the first
twenty-live miles being promised, when Eliot, before mentioned, suddenly
appeared in Oregon with a proposition signed A. J. Cook & Co., whereby the
Oregon company was asked to turn over the whole of its road to the people
of California to build. The compensation offered for this transfer was the
sum of $50,000 to each of the ineorporators, to be paid in unassessable pre
ferred stock in the road. To this scheme Gaston, as the company's agent,
offered an earnest opposition, which was sustained by the majority of the
incorporators; but to the Salem men the bait looked glittering, and a division
ensued. A new company was projected by these, in the corporate name of
the first, the Oregon Central Railroad Company, with the evident intention
of driving from the field the original company, and securing under its name
the land grant and state aid. A struggle for control now set in, which was
extremely damaging to the enterprise. Seeing that litigation and delay nrast
ensue, the capitalists who had contracted to furnish funds for the first
twenty-five miles of road at once cancelled their agreement, refusing to sup-
Willamette River, and proceeded again with the labor of securing financial
support. The Salem company naturally desiring to build on the east side of
the river, and assuming the name of the original corporation, gave rise to the
custom, long prevalent, of calling the two companies by the distinctive titles
of East-Side and West-Side companies.
While Gaston was going among the people delivering addresses and taking
subscriptions to the west-side road, the east-side company, which organized
RIVAL COMPANIES. 699
April 22, 1867, proceeded in an entirely different manner to accomplish their
end. Se»eii men subscribed each one share of stock, at §100, and electing
one of their number president, passed a resolution authorizing that officer to
subscribe seven million dollars for the company. This manoeuvre was con
trary to the incorporation law of the state, which required one half of the
capital stock of a corporation to be subscribed before the election of a board
of directors. The board of directors elected by subscribing $100 eacli were
J. H. Moorcs, I. R. Moores, George L. Woods, E. N. Cooke, Samuel A.
Clarke. Woods was elected president, and Clark secretary. To these were
subsequently added J. H. Douthitt. F. A. Chenoweth, Green B. Smith, S.
Ellsworth, J. H. D. Henderson, S. F. Chadwick, John E. Ross, A. L. Love-
joy, A. F. Hedges, S. B. Parrish, Jacob Conser, T. McF. Patton, and John
I1. Miller. GaxtoiSs Railroad Development in Or., MS., 22-3. Before the
meeting of the next legislature, thirteen other directors were added to the
board, being prominent citizens of different counties, who it was hoped would
have influence wiih that body, and to each of these was presented a share of
the stock subscribed by the president. So far there had not been a bona
fide subscription by any of the east side company. In order to hold his own
against this specious financiering, Gaston, after raising considerable money
among the farmers, subscribed in Ids own name half the capital stock, amount
ing to $2,500,000. As a matter of fact, he had no money, but as a matter of
law, ii was necessary to have this amount subscribed before organizing a
board of directors for his company. This board was elected May 25, 1867,
at a meeting held at Amity. The first board of directors of the Oregon Cen
tral (west-side) were W. C. Whitson, James M. Belcher, W. T. Newby,
Thomas R. Cornelius, and Joseph Gaston. Gaston was elected president,
and Whitson secretary. Both companies, being now organized, proceeded to
carry out their plans as best they could. Ehiot, as agent of the east-side
par^y, went ease to find purchasers for the bonds of the company, while G.is-
ton continued to canvass among the people, and also began a suit in equity
in Marion county to restrain the Salem company from using the name of the
Oregon Central company, Gaston appearing as attorney for jlamtiffs, and
J. H. Mitchell for the defendants. On trial, the circuit judge avoided a
decision by holding that no actual damage had been sustained. Mitchell
then became the leading spirit of the east-side company, and the t\vo parties
contended hotly for the ascendency by circulating printed documents, and
holding correspondence with bankers and brokers to the injury of each other.
A suit was also commenced to annul the east-side company, on the ground of
illegal organization. Meanwhile Elliot was in Boston, and was on the point
of closing a contract for a large amount of material, when Gaston's circulars
reached that city, causing the failure of the transaction, and compelling
Elliot to return to Oregon, having secured only two locomotives and some
shop material, which he had already purchased with the bonds of his com
pany. A compromise would now have been accepted by the east-side party,
but the west-side would not agree to it, and in point of fact could not, because
the people on that side of the valley, who were actual subscribers, would not
consent to have their road run on the east side, and the people on that side
would not subscribe to a road on the other.
By the first of April, 1868, both parties had their surveyors in the field
locating their lines of road. Portland Oreyonian, March 11, 1868. The west-
side company had secured $25,000 in cash subscriptions in Portland, and as
much more in cash and lands in the counties of Washington and Yam hill.
The city of Portland had also pledged interest for twenty years on $250,000
of the company's bonds. Washington county had likewise pledged the inter
est on $50,000, and Yamhill on $75,000. Thus $375,000 was made available
to begin the construction of the Oregon Central. The east-side company had
also raised some money, and advertised that they would formally break
ground near East Portland on the 16th of April, 1868, for which purpose bands
of music and the presence of the militia were engaged to give eclat to the
occasion. An address by W. W. Upton was announced.
700 RAILROADS.
The west-side company refrained from advertising, but made preparations
to break ground on the 14th, and issued posters on the day previous only. At
ten o'clock of the day appointed a large concourse of people were gathered iu
Caruther's addition to celebrate the turning of the first sod on the Oregon
Central. Gaston read a report of the condition of the company, and speeches
were made by A. C. Gibbs and W. W. Chapman. This ended, Mrs David
C. Lewis, wife of the chief engineer of the company, lifted a shovelful of
earth and cast it upon the grade-stake, which was the signal for loud, long,
and enthusiastic cheering, which so excited the throng that each contributed
a few minutes labor to the actual grading of the road-bed. Thus on the 14th
of April, 1868, was begun the iirst railroad in Oregon other than the portages
above mentioned. On the 16th the grander celebration of the cast-side com
pany was carried out according to programme, at the farm of Gideon Tibbets,
south of East Portland, and on this occasion was used the iirst shovel made
of Oregon iron. Portland Oreyonian, April 18, 1868; McCormick's J'ortland
J)/r., 1869, 8-9. The shovel was ordered by Samuel M. Smith, of Oswego
iron, and made at the Willamette Iron Works by William Buchanan. It was
shaped under the hammer, the handle being of maple, oiled with oil from the
Salem mil's. It was formally presented to the officers of the company on the
15th of April. Portland Ore-jonian, April 14, 16, and 17, 1868.
Actual railroad building was now begun on both sides of the Willamette
River; but the companies soon found themselves in financial straits. The east-
side management was compelled in a short time to sell its two locomotives to
the Central Pacific of California, although they bore the names of George
L. Woods and I. R. Moores, the first and second presidents of the organiza
tion. A vigorous effort was made to induce the city council of Portland to
pledge the interest for twenty years on $600,000 of the east-side bonds, in
which the company was not successful. It is related that, being in a strait,
Elliot proposed to inform the men employed, appealing to them to work
another month on the promise of payment in the future. But to this propo
sition his superintendent of construction replied that a better way would be
to keep the men in ignorance. He went among them, carelessly suggesting
that as they did not need their money to use, it would be a wise plan to draw
only their tobacco-money, and leave the remainder in the safe for security
against loss or theft. The hint was adopted, the money was left in the safe,
and served to make the same show on another pay-day, or until Holladay
came to the company's reUef. Oastou's Railroad development in Or., MS.,
34-5. Nor was the west-side company more at ease. Times were hard with
the farmers, who could not pay up their subscriptions. The lands of the
company could not be sold or pledged to Portland bankers, and affairs often
looked desperate.
The financial distresses of both parties deterred neither from aggressive
warfare upon the other. The west-side company continually pressed proceed
ings in the courts to have its rival declared no corporation, but no decision
was arrived at. Gaston declares that the judges in the third and fourth judi
cial districts evaded a decision, ' their constituents being equally divided in
supporting the rival companies.' Id., 38. Failing of coining to the point in
this way, a land-owner on the east side was prompted to refuse the right of
way, and when the case came into court, the answer was set up that the com
pany was not a lawful corporation, and therefore not authorized to condemn
lands for its purposes. The attorneys for the company withdrew from court
rather than meet tl e question, and made a re-location of the road, thus foiling
again the design of the west-side company.
Portland being upon the west side of the river, and the emporium of capi
tal in Oregon, it was apparently only a question of time when the west-side
road should drive the usurper from the field, and so it must have done had
there been no foreign interference. But the east-side company had been seek
ing aid in California, and not without success. In August 1868, Ben Holla-
day, of the overland stage company and the steamship line to San Francisco,
arrived in Oregon. He represented himself, and was believed to be, the pos-
HOLLADAY TO THE RESCUE. 701
of millions. A transfer of all the stock, bonds, contracts, and all
property, real and personal, of the east-side company was made to him. The
struggle, which had before been nearly equal, now became one between a
corporation without money and a corporation with millions, and with the
support of those who wished to enjoy the benefits to be conferred by this
wealth, both in building railroads and in furnishing salaried situations to its
friends. The first thing to be done was to get rid of the legislative enact
ments of 18GG, designating the original Oregon Central company as the proper
recipient of the land grant and state aid.
On the convening of the legislature, Holladay established himself at Salem,
where he kept open house to the members, whom he entertained royally as to
expenditure, and vulgarly as to all things else. The display and the hospitality
were not without effect. The result was that the legislature of 1808 revoked
the rights granted to the Oregon Central of 18GG, and vested these rights in
the later organization under the same name. The cause assigned was that
'at the time of the adoption of the said joint resolution as aforesaid no such
company as the Oregon Central Railroad Company was organized or in exist
ence, and the said joint resolution was adopted under a misapprehension of
facts as to the organization and existence of such a company.' Or. Laws,
18G8, 109-10. It was alleged that the original company, in their haste to
secure the land grant by the designation of the legislature, which meets only
once in two years, had neglected to file their incorporation papers with the
secretary of state previous to their application for the favor of the legislature,
the actual date of incorporation being November 21st, whereas the resolution
of the legislature designating them to receive the land grant was passed on,
the 20th of October, a month and a day before the company had a legal exist
ence. In his Railroad Development in Or,, MS., 15, Gaston says that the
Oregon Central filed its incorporation papers according to law before the legis
lative action, but withdrew them temporarily to procure other incorporations,
and it was this act that the other company turned to account. By the terms
of the act of congress making the grant of land, the company taking the fran
chise must file its assent to the grant within one year from the passage of the
act, and complete the first twenty miles of road within two years. The west-
side company had filed its assent within the prescribed time, which the other
had not, an illegality which balanced that alleged against the west-side, even
had both been in all other respects legal.
And now happened one of those fortuitous circumstances which defeat,
occasionally, the shrewdest men. The west-side management had sent, in May,
half a million of its bonds to London to be sold by Edwin Russell, manager
of the Portland branch of the bank of British Columbia. Just at the moment
when money was most needed, a cablegram from Russell to Gaston informed
him that the bonds could be disposed of so as to furnish the funds and iron
necessary to construct the first twenty miles of road, by selling them at a low
price. Gaston had the power to accept the offer, but instead of doing so
promptly, and placing himself on an equality with Holladay pecuniarily,
he referred the matter to Aiusworth, to whom he felt under obligations for
past favors, and whom he regarded as a more experienced financier than him
self, and the latter, after deliberating two days on the subject, cabled a re
fusal of the proposition.
Ains worth had not intended, however, to reject all opportunities, but a
contract was taken by S. G. Reed & Co., of which firm Ainsworth was a
member, to complete the twenty miles called for by the act of congress, of
which five of the most expensive portion had been built, and Reed became in
volved with Gaston in the contest for supremacy between the two companies,
while at the same time pushing ahead the construction of the road from
Portland to Hillsboro, by which would be earned the Portland subsidy of a
quarter of a million. \
To prevent this, Holladay 's attorneys caused suits to be brought declaring
the west-side company's acts void, and to prevent the issuance to it of the
bonds of the city of Portland and Washington county, in which suits they
702 RAILROADS.
were successful, thus cutting off the aid expected in this quarter. At the
same time the quarrel was being prosecuted in the national capital, the newly
elected senator, Corbett, befriending the original company, and George H.
Williams, whose term was about to expire, giving his aid to Holladay. See
correspondence in Sen. Kept, 3, I860, 41st cong. 1st sess.
An appeal was made to the secretary of the Interior, whose decision was,
that according to the evidence before him neither company had a legal right
to the land grant in Oregon, which had lapsed through the failure of any
properly organized and authorized company to file acceptance, and could only
be revived by further legislation. This decision was in consonance with
Williams' views, who had a bill already prepared extending the time for
filing assent so as to allow any railroad company heretofore designated by the
legislature of Oregon to file its assent in the department of the interior
within one year from the date of the passage of the act; provided, that the
rights already acquired under the original act were not to be impaired by
the amendment, nor more than one company be entitled to a grant of land.
Cong. Globe, 1809, app. 51, 41st cong. 1st sess. This legislation placed the
companies upon an equal footing, and left the question of legality to be de
cided in the Oregon courts, while it prevented the state of Oregon from
losing the franchise should either company complete twenty miles of road
which should be accepted by commissioners appointed by the president of
the United States. The act of April 10, 18G9, does not mention any exten
sion of time for the completion of the first twenty miles, but by implication
it might be extended beyond the year allowed for filing assent.
While the east-side company was thus successful in carrying out its en
deavor to dislodge the older organization, suit was brought in the United
States district court, Deady, justice, to enjoin the usurper from using the
name of the original company, Deady deciding that although no actual dam
age followed, as the defence attempted to show, no subsequently organized
corporation could lawfully use the name of another corporation. This put an
end to the east-side Oregon Central company, which took steps to transfer its
rights, property, r.nd franchises to a new corporation, styled the Oregon and
California Railroad Company. The action of congress in practically deciding
in favor of the Holladay interest caused S. G. Reed & Co. to abandon the
construction contract, from which this firm withdrew in May 18G9, leaving
the whole hopeless undertaking in the hands of Gaston. Without resources,
and in debt, he resolved to persevere. In the treasury of Washington county
were several thousand dollars, paid in as interest on the bonds pledged. He
applied for this money, which the county officers allowed him to use in grad
ing the road-bed during the summer of 18G9 as far as the town of Hillsboro.
This done, he resolved to go to Washington, and before leaving Oregon made
a tour of the west-side counties, reminding the people of the injustice they
had suffered at the hands of the courts and legislature, and urging them to
unite in electing men who would give them redress.
Gaston reached the national capital in December 1869, Holladay having
completed in that month twenty miles of the Oregon and California road, and
become entitled to the grant of land which Gaston had been the means of se
curing to the builder of the first railroad. His business at the capital was to
obtain a new grant for the Oregon Central, and in this he was successful, be
ing warmly supported by Corbett and Williams, the latter, however, refusing
to let the road be extended farther than McMinnville, lest it should interfere
with the designs of Holladay, but consenting to a branch road to Astoria,
with the accompanying land grant. A bill to this effect became a law May 1 ,
1870. Cony. Globe, 18G9-70, app. 644-5. While the bill was pending, Gas-
ton negotiated a contract in Philadelphia for the construction of 150 miles of
railroad, which would carry the line to the neighborhood of Eugene City, to
which point another bill then before congress proposed to give a grant of land.
The Oregon legislature passed a joint resolution, instructing their senators in
Washington to give their support to the construction of a railroad from Salt
Lake to the Columbia River, Portland, and Puget Sound; and to a railroad
JOSEPH GASTON. 703
from the big bend of Humboldt River to Klamath Lake, and thence through
the Rogue, Umpqua, and Willamette valleys to the Columbia Kiver. Or.
Laws, 1868, 124-5; U. S. tien. Misc. Doc., 14, 41st eong. 3d sess.; Or. Laws,
1870, 179-82, 194.
Anticipating its success, Gaston ventured to believe that he could secure, as
it was needed, an extension of his grant, which should enable him to complete
the line from Wiunemucca on the Humboldt to the Columbia. This also"
was the agreement between B. J. Pengra, who represented the Winnemucca
scheme, Gaston, and the senators. But Holladay, who was in Washington,
fearing that Pengra would bring the resources of the Central Pacific into
Oregon to overpower him, demanded of Williams that Pengra's bill should
be amended so as to compel the Winnemucca company to form a junction
ivith the Oregon and California at some point in southern Oregon. The
amendment had the effect to drive the Central Pacific capitalists away from
the Winnemucca enterprise, and the Philadelphia capitalists away from the
Oregon Central, leaving ifc, as before, merely a local line from Portland to Mc-
Miimville. Thus Holladay became master of the situation, to build up or
to destroy the railroad interests of Oregon. He had, through Latham of Cal-
iiornia, sold his railroad bonds in Germany, and had for the time being plenty
of funds with which to hold this position. In order to embarrass still further
the Oregon Central, he bought in the outstanding indebtedness, and threat
ened the concern with the bankruptcy court and consequent annihilation.
To avert this disastrous termination of a noble undertaking, Gaston was com
pelled to consent to sell out to his enemy, upon his agreement to assume all
the obligations of the road, and complete it as designed by him.
Having now obtained full control, and being more ardent than prudent in
his pursuit of business and pleasure alike, Holladay pushed his two roads
forward rapidly, the Oregon and California being completed to Albany in
1871, to Eugene in 1872, and to Roseburg in 1873. The Oregon Central was
opened to Cornelius in 1871, and to St Joe in 1872. These roads, although
stiil merely local, had a great influence in developing the country, inducing
immigration, and promoting the export of wheat from Willamette direct to
the markets of Europe. -
But the lack of prudence, before referred to, and reckless extravagance in
private expenditures, shortened a career which promised to be useful as it was
conspicuous; and when the Oregon and California road had reached Roseburg,
the German bondholders began to perceive some difficulty about the payment
of the interest, Avhich difficulty increased until 1876, when, after an exami
nation of the condition of the rozid, it was taken out of Holladay's hands,
and placed under the management of Henry Villard, whose brief career
ended in financial failure.
Joseph Gaston, a descendant of the Huguenots of North Carolina, was born
in Belmont county, Ohio. His father dying, Joseph worked on a farm until
16 years of age, when he set up in life for himself, having but a common -
school education, and taking hold of any employment which offered until
by study he had prepared himself to practice law in the supreme court of
Ohio. His grand-uncle, William Gaston, was chief justice of the supreme
court of North Carolina, and for many years member of congress from that
state, as also founder of the town of Gaston, N. C. His cousin, William
Gaston, of Boston, was elected governor of Massachusetts in 1874, being the
only democratic governor of that state within 50 years. Joseph Gaston
came to Jackson county, Oregon, in 1862, but on becoming involved in
railroad projects, removed to Salem, and afterward to Portland. Although
handling large sums of mom;y and property, he was not benefited by it.
When Holladay took the Oregon Central off his hands, he accepted a position
as freight and passenger agent on that road, which he held until 1875,
when he retired to his farm at Gaston, in Washington county, where he re
mained until 1878, when he built and put in operation the narrow-gauge
railroad from Dayton to Sheridan, with a branch to Dallas. This enter
prise was managed solely by himself, with the support of the farmers of
704 RAILROADS.
that section. In 1880 the road was sold to a Scotch company of Dundee,
represented by William Reid of Portland, who extended it twenty miles
farther, and built another narrow-gauge from Ray landing, below the Yam-
hill, to Brownsville, all of which may be properly said to have resulted from
Gaston's enterprises. Then he went to live in Portland, where he did not
rank among capitalists — in these days of sharp practice, not always a dishon
orable distinction.
No sooner did railroad enterprises begin to assume a tangible shape in
Oregon, than several companies rushed into the field to secure land grants and
other franchises, notably the Portland, Dalles, and Salt Lake company, the
Winnemucca company, the Corvallis and Yaquina Bay company, and the
Columbia River and Hillsboro company. Vancouver Register, Aug. 21, 18G9;
Or. Laws, 1808, 127-8, 140-1, 143; Id., 1870; //. Ex. Doc., 1, pt iv. vol. vi.,
*pt 1, p. xvii., 41st cong. 3d sess. ; Zabriskie's Land Laws, supp. 1877, 6;
Portland Board of Trade Rept, 1875, 6-7, 28: Id.. 1876, 4-6; Id., 1877, 14-15.
Owing to a conflict of railroad interests, and fluctuations in the money
market, neither of these roads was begun, nor any outlet furnished Oregon
toward the east until Villard, in 1870, formed the idea of a syndicate of Amer
ican and European capitalists to facilitate the construction of the Northern
Pacific, and combining its interests with those of the Oregon roads by a joint
management, which he was successful in obtaining for himself. E. V. Smalley,
in his History of the Northern Pacific Railroad, published in 1883, has given
a minute narrative of the means used by Villard to accomplish his object, pp.
262-76. Under his vigorous measures railroad progress in Oregon and Wash
ington was marvellous. Not only the Northern Pacific was completed to
Portland, and the Columbia River, opposite the Pacific division at Ivalama, in
1883-4, but the Oregon system, under the names of the Oregon Railway and
Navigation and Oregon and Transcontinental lines, was extended rapidly.
The Oregon Railway and Navigation Company owned all the property of the
former Oregon Steam Navigation and Oregon Steamship companies. It was
incorporated June 13, 1879, Villard president, and Dolph vice-president. Its
first board of directors consisted of Artemus H. Holmes, William H. Starbuck,
James B. Fry, and Villard of New York, and George W. Weidler, J. C. Ains-
worth, S. G. Reed, Paul Schulze, H. W. Corbett, C. H. Lewis, and J. N.
Dolph of Portland. The Oregon and Transcontinental company was formed
June 1881, its object being to bring under one control the Northern Pacific
and Oregon Railway and Navigation companies, which was done by the
wholesale purchase of Northern Pacific stock by Villard, the president <>f the
other company. Its first board of directors, chosen September 15, 1881, con
sisted of Frederick Billings, Ashbel H. Barney, John \V. Ellis, Rosewell G.
Rolston, Robert Harris, Thomas F. Oakes, Artemus H. Holmes, and Henry
Villard of New York, J. L. Stackpole, Elijah Smith, and Benjamin P. Cheney
of Boston, John C. Bullitt of Philadelphia, and Henry E. Johnston of Balti
more. Villard was elected president, Oakes vice-president, Anthony J.
Thomas second vice-president, Samuel Wilkinson secretary, and Robert L.
Belknap treasurer. Smalley's Hist. N. P. Railroad, 270-1.
Seven years after Holladay was forced out of Oregon, the Oregon Central
was completed to Eugene, the Oregon and California to the southern boundary
of Douglas county, the Dayton and Sheridan narrow-gauge road constructed
to Airley, twenty miles south of Sheridan, and another narrow-gauge on the
east side of the Willamette making connection with this one, and running
south to Coburg in Lane county, giving four parallel lines through the heart
of the valley. A wide-gauge road was constructed from Portland, by the way
of the Columbia, to The Dalles, and eastward to Umatilla, Pendleton, and
Baker City, on its way to Snake River to meet the Oregon short line on the
route of the Portland, Dalles, and Salt Lake road of 1868-9. North-eastward
from Umatilla a line of road extended to Wallula, Walla Walla, Dayton,
Grange City in Washington, and Lewiston in Idaho; while the Northern Pa
cific sent out a branch eastward to gather in the crops of the Palouse region at
Colfax, Farmington, and Moscow; and by the completion of the Oregon
CHAPMAN, PENGRA, AND MONTGOMERY. 705
short line and the Oregon and California branch of the Central Pacific, there
were three transcontinental routes opened from the Atlantic to the Columbia
River. In 1885 a railroad was in process of construction from the Willamette
to Yaquina Bay, destined to be extended east to connect with an overland
road, and another projected. The projectors of the Winnemucca and Salt Lake
roads deserve mention. Both had been surveyor-generals of Oregon. W. W.
Chapman, who was appointed in territorial times, and was thoroughly ac
quainted with the topography of the country, selected the route via the Colum
bia and Snake rivers to Salt Lake, both as one that would be free from snow
and that would develop eastern Oregon and Washington and the mining re
gions of Idaho. He made extensive surveys, attended several sessions of con
gress, and sent an agent to London at his own expense, making himself poor
in the effort to secure his alms. The state legislature granted the proceeds
of its swamp-lands in aid of his enterprise, and the city Council of Portland
granted to his company the franchise of building a bridge across the Willam
ette at Portland. But he failed, because the power of the Central Pacific rail
road of California was exerted to oppose the construction of any road con
necting Oregon with the east which would not be tributary to it.
Chapman died in 1884, after living to see another company constructing a
road over the line of his survey. He had been the first surveyor-general of
Iowa, its first delegate in congress, and one of its first presidential electors.
On coming to Oregon he became one of the owners in Portland town site, and
with his partner, Stephen Coffin, built the Gold Hunter, the first ocean steamer
owned in Oregon, which, through the bad faith of her officers, ruined her own
ers. Gastoti's Railroad Development in Or., 73-8. B. J. Pengra, appointed by
President Lincoln, was, as I have already said, the founder of the Winne
mucca scheme. While in office he explored this route, and secured from con
gress the grant to aid in the construction of a military wagon-road to Owyhee,
of which the history has been given. His railroad survey passed over a con
siderable portion of the route of the military road, the opening of which pro
moted the settlement of the country. But for the opposition of Holladay to
his land-grant bill, it would have passed as desired, and the Central Pacific
would have constructed this branch; but owing to this opposition it failed.
Pengra resided at Springfield, where he had some lumber-mills.
A man who has had much to do with Oregon railroads is James Boyce
Montgomery, who was born in Perry co. , Penn., in 1832, and sent to school
in Pittsburgh. He learned printing in Philadelphia, in the office of the Bul
letin newspaper, and took an editorial position on the 1'eyixter, published at
Sandusky, Ohio, owned by Henry D. Cooke, afterwards first governor of the
District of Columbia. Prom Sandusky lie returned to Pittsburgh in 1853,
and purchased an interest in the Daily Morning Post. About 1857 he was
acting as the Harrisburg correspondent of the Philadelphia Press for a year
or more. Following this, he took a contract to build a bridge over the Sus-
quehanna River for the Philadelphia and Erie railroad, 6 miles above Wil-
liamsport, Penn., his first railroad contract. Subsequently he took several
contracts on eastern roads, building portions of the Lelii and Susquehanna, the
Susquehanna Valley, and other railroads, and was an original owner in the
Baltimore and Potomac railroad with Joseph D. Potts, besides having a con
tract to build 150 miles of the Kansas Pacific, and also a portion of the Oil
Creek and Alleghany railroad in Penn. In 1870 Montgomery came to the
Pacific coast, residing for one year on Puget Sound, since which time he has
resided in Portland, where he has a pleasant home. His wife is a daughter
of Gov. Phelps of Mo. The first railroad contract taken in the north-west
was the first 25-mile division of the Northern Pacific, beginning at Kalama,
on the Columbia River, and extending towards Tacoma. Since that he has
completed the road from Kalama to Tacoma. and from Kalama south to Port
land. Montgomery started the subscription on which the first a.ctual money
was raised to build the Northern Pacific, in Dec. 1869. Jay Cookc had agreed
to furnish $5,600,00^ to float the bonds of the company by April 1, 1870, and
Montgomery, at his request, undertook to raise a pa^ of it, in which he was
HIST. OB., Vol. II. 45
706 COUNTIES OF OREGON.
successful, J. G. Morehead, H. J. Morehead, William Phillips, William M.
Lyon, Henry Loyd, Joseph Dilworth, James Watts, and others subscribing
$800,000. This money was expended in constructing the first division of the
road. Montgomery at the same time took a contract to build a drawbridge
across the Willamette at Harrisburg, the first drawbridge in Oregon, 800
feet long, with a span of 240 feet. Subsequently he went to Scotland to or
ganize the Oregon Narrow-Gauge Company, Limited, which obtained control
of the Dayton, Sheridan, and Corvallis narrow-gauge road built by Gaston,
in which he was interested, as well as some Scotch capitalists. It was Vil-
lard's idea to get a lease of this and the narrow-guage road on the east side
of the valley, to prevent the Central or Union Pacific railroads from control
ling them, as it was thought they would endeavor to. They were accordingly
leased to the Oregon Railway and Navigation Company, but to the detriment
of the roads, which are not kept in repair. At one time the directors of
the O. R. & N. Co. refused to pay rent, and the matter was in the courts.
Montgomery erected a saw-mill at SKamockawa, on the north side of the Co
lumbia, which will cut 15,000,000 feet of lumber annually. He is also in the
shipping business, and ships a large quantity of wheat yearly. This, with a
history of the N. P. R. R., I have obtained from Montgomery's Statement,
MS., 1-30.
COUNTIES OF OREGON.
The condition of counties and towns which I shall briefly give in this
place will fitly supplement what I have already said. They are arranged in
alphabetical order. I have taken the tenth census as a basis, in order to put
all the counties on the same footing.
Baker county, named after E. D. Baker, who fell at the battle of Edwards'
ferry in October 1801, was organized September 22, 1802, with Auburn as the
county seat. An enabling act was passed and approved in 1866, to change
the county seat to Baker City by a vote of the county, which was done.
In 1872 a part of Grant county was added to Baker. The county contains
15.912 square miles, about 50,000 acres of which is improved among 453
farmers, the principal productions being barley, oats, wheat, potatoes, and
fruit. The whole value of farm products for 1879, with buildings and fences,
M-as $799,468. The value of live-stock was $1,122,765, a difference which
shows stock-raising rather than grain-growing to be the business of the
farmers. About 50,000 pounds of wool was produced. The total value of
real estate and personal property for this year was set down at a little over
$931,000. The population for the same period was 4,616, a considerable por
tion of whom were engaged in mining in the mountain districts. Comp. X.
Census, xl. 48, 723, 806-7. Baker City, the county seat, was first laid out
under the United States town-site law by R. A. Pierce in 1868. It is
prettily located in the Powder River Valley, and is sustained by a flourishing
agricultural and mining region on either hand. It has railroad communica
tion with the Columbia. It was incorporated in 1874, and has a population
of 1,258. Pacific North-west, 41; McKinney's Pac. Dir., 255; Or. Laws, 1874,
145-55. The famous Virtue mine is near Baker City. The owner, who does
a banking business in the town, had a celebrated cabinet of minerals, in which
might be seen the ores of gold, silver, copper, lead, cinnabar, iron, tin, cobalt,
tellurium, and coal, found in eastern Oregon, besides which were curios in
minerals from every part of the world. Auburn, the former county seat,
was organized by the mining population June 17, 1862, and incorporated on
the following 25th of September, to preserve order. Ebcy's Journal, MS. , viii.
81-2, 84, 87, 94; Or. Jour. House, 1862, 113, 128. The other towns and post-
offices of Baker county are Wingville, Sparta, Powderville, Pocahontas,
Express Ranch, El Dorado, Clarksville, Mormon Basin, Amelia City, Rye
Valley, Humboldt Basin, Stone, Dell, Weatherby, Conner Creek, Glenn,
Malheur, Jordan Valley, and North Powder.
Benton county, named after Thomas H. Benton of Missouri, was created
and organized December 23, 1847, including at that time all the country on
BENTON AND CLACKAMAS. 707
the west side of the Willamette River, south of Polk county and north of the
northern boundary line of California. On the 15th of January, 1851, the
present southern boundary was fixed. It contains 1,870 square miles, extend
ing to the Pacific ocean, and including the harbor of Yaquina Bay. Popula
tion in 1879, 6,403. The amount of land under improvement in this year
was 138,654 acres, valued at $3,188,251. The value of farm products was
$716,096; of live-stock, $423,682; of orchard products, $16,404. Assessed
valuation of real and personal property in the county, $1,726,387. Grain-
raising is the chief feature of Benton county farming, but dairying, sheep-
raising, and fruit-culture are successfully carried on. Coal was discovered in
1869, but has not been worked.
Corvallis, called Marysville for five or six years by its founder, J. C. Avery,
is Benton's county seat, and was incorporated January 28, 1857. It is beau
tifully situated in the heart of the valley, as its name indicates, and has a
population of about 1,200. It is the seat of the state agricultural college, and
has connection with the Columbia, and the Pacific ocean at Yaquina Bay,
and also with the southern part of the state by railroad. It is more favorably
loca;ed in all respects than any other inland town. Philomath, a collegiate
town, is distant about eleven miles from Corvallis, on the Yaquina road. It
was incorporated in October 1882. Monroe, named after a president, on the
Oregon Central railroad, Alseya on the head- waters of Alseya River, Newport
on Yaquina Bay near the ocean, Elk City at the head of the bay, Oyster-
ville on the south side of the bay, Toledo, Yaquina, Pioneer, Summit, New
ton, Tidewater, Waldoport, and Wells are all small settlements, those that
are situated on Yaquina Bay having, it is believed, some prospects in the
future.
Clackamas county, named from the tribe of Indians inhabiting the shores
of a small tributary to the Willamette coming in below the falls, was one of the
four districts into which Oregon was divided by the first legislative committee
of the provisional government, in July 1S43, and comprehended 'all the
territory not included in the other three districts,' the other three taking in all
south of the Columbia except that portion of Clackamas lying north of the
'Anchiyoke River.' Pudding River is the stream here meant. Its boun
daries were more particularly described in an act approved December 19. 1845,
and still further altered by acts dated January 30, 1856, October 17, I860, and
October 17, 1862, when its present limits were established. Or. Archive*,
26; Or. Gen. Laws, 537-8. It contains 1,434 square miles, about 71,000 acres
of which is under improvement. The surface being hilly, and much of it
covered with heavy forest, this county is less advanced in agricultural wealth
than might be expected of the older settled districts; yet the soil when
cleared is excellent, and only time is required to bring it up to its proper
rank. The value of its farms and buildings is considerably over three mil
lions, of live-stock a little over four hundred thousand, and of farm products
something over six hundred thousand dollars. In manufactures it has been
perhaps the third county in the state, but should, on account of its facilities,
exceed its rivals in the future. It is difficult to say whether it is the
second or third, Multnomah county being first, and Marion probably
second. But the difference in the amount of capital expended and results
produced leave it almost a tie between the latter county and Clackamas.
Marion has $608,330 invested in manufactures, pays out for labor $147,945
annually, uses $1,095, 920 in materials, and produces $1,424,979; while Clacka
mas has invested $787,4/5, pays out for labor $156,927, uses $816,625 in
materials, and produces $1,251,691. Marion has a little the most capital in
vested, and produces a little the most, but uses $278,295 more capital in
materials, while paying only $8,982 less for labor. Comp. X. Cenws, ii. 1007-8.
The principal factories are of woollen goods. Assessed valuation considerably
over six millions. Population, 9,260. Oregon City, founded by John Mc-
Loughlin in 1842, is the county seat, whose history for a number of years was
an important part of the territorial history, being the first, and fur several
years the only, town in the Willamette Valley. It was incorporated Septem-
70S COUNTIES OF OREGON.
ber 25, 1849. Its principal feature was its enormous water-power, estimated
at a million horse-power. It had early a woollen-mill, a grist-mill, a lumber-
null, a paper-mill, a fruit-preserving factory, and other minor manufactures.
The population of Oregon City is, according to the tenth census, 1,263. al
though it is giver, ten years earlier at 1,382. It is on the line of the Oregon
and California railroad, and has river communication with Salem and Portland.
A few miles north of the county seat is Milwaukee, founded by Lot Whitcomb
as a rival to Oregon City, in March 1850. It is the seat of one of the finest
flouring mills in the state, and is celebrated for its nurseries, which have fur
nished trees to fruit-growers all over the Pacific coast. Its population is insig
nificant. A mile or two south of Oregon City is Canemah, founded by F. A.
Hedges about 1845, it being the lowest landing above the falls, and where
all river craft unloaded for the portage previous to the construction of the
basin and breakwater, by which boats were enabled to reach a landing at the
town. It afterward became a suburb of Oregon City, boats passing through
locks on the west side of the river without unloading. About half-way
between the falls and Portland was established Oswego, another small town,
but important as the location of the smelting-works, erected in 1867 at a cost
of §100,000, to test the practicability of making pig-iron from the ore found in
that vicinity, which experiment was entirely successful. Other towns and
post-offices in Clackamas county are Clackamas, Butte Creek, Damascus,
Eagle Creek, Glad Tidings, Highland, Molalla, Needy, New Era, Sandy,
Springwater, Union Mills, Viola, Wilsonville, Zion.
Clatsop county, named after the tribe which inhabited the sandy plains west
of Young Bay, at the mouth of the Columbia, was established June 22, 1844,
on the petition of Josiah L. Parrish. The present boundaries were fixed
January 15, 1855, giving the county 862 square miles, most of which is heavily
timbered land. The value of farms, buildings, and live-stock is a little over
8307,000; but the assessed valuation of real and personal property is a trifle
over $1,136,000, and the gross value nearly double that amount.
The principal industries of the county are lumbering, fishing, and dairying.
The population is about 5,500, except in the fishing season, when it is tempo
rarily at least two thousand more. Resources Or. and Wash., 1882, 213; Comp.
X. Cenwx, 367. Astoria, the county seat, was founded in 1811 by the Pacific
Fur Company, and named after John Jacob Astor, the head of that company.
It passed through various changes before being incorporated by the Oregon
legislature January 18, 1856. Its situation, just within the estuary of the
Columbia, has been held to be sufficient reason for regarding this as the natural
and proper place for the chief commercial town of Oregon. But the applica
tion of steam to sea-going vessels has so modified the conditions upon which
commerce had formerly sought to establish centres of trade that the custom
house only, for many years, compelled vessels to call at Astoria. It has now,
however, a population of about 3,000, and is an important shipping point, the
numerous fisheries furnishing and requiring a large amount of freight, and in
the season of low water in the Willamette, compelling deep-water vessels to
load in the Columbia, receiving and handling the immense grain and other ex
ports from the Willamette Valley and eastern Oregon. Its harbor is sheltered
by the point of the ridge on the east side of Young Bay from the storm-winds
of winter, which come from the south-west. There is but little level land for
building purposes, but the hills have been graded down into terraces, one
street rising above another parallel to the river, affording fine views of the
Columbia and its entrance, which is a dozen miles to the west, a little north.
Connected by rail with the Willamette Valley and eastern Oregon, the locks
at the cascades of the Columbia at the same time giving uninterrupted naviga
tion from The Dalles to the mouth of the river, Astoria is destined to assume
yet greater commercial importance. There are no other towns of consequence
in this county. Clatsop, incorporated in 1870, Skippanon, Clifton, Jewell,
Knappa, Olney, Mishawaka, Seaside House, Fort Stevens, and West port are
either fishing and lumbering establishments, or small agricultural settlements.
Westport is the most thriving of these settlements, half agricultural and half
commercial.
COLUMBIA AND COOS. 709
Columbia county, lying east of Clatsop in the great bend of the lower
Columbia, was cut off from Washington county January 23, 1854. It con
tains 575 square miles, and has a water line of over fifty miles in extent. It
has between fourteen and fifteen thousand acres of land under improvement,
valued, with the buildings, at $406,000, with live-stock worth over $77,000,
and farm products worth $73,000, consisting of the cereals, hay, potatoes,
butteV, and cheese. It has several lumbering establishments and a few smaller
manufactories. The natural resources of the county are timber, coal, build
ing-stone, iron, fish, and grass. The assessed valuation upon real and personal
property in 1879 was $305,283. The population was little over 2,000, but
rapidly increasing. St Helen, situated at the junction of the lower Willamette
with the Columbia, is the county seat. It was founded in 1848 by H. M.
Knighton, the place being first known as Plymouth Rock, but having its name
changed 011 being surveyed for a town site. It is finely situated for a ship
ping business, and has a good trade with the surrounding country, although
the population is not above four hundred. There are coal and iron mines in
the immediate vicinity. Columbia City, founded in 18G7 by Jacob and Joseph
Caples, two miles below St Helen, is a rival town of about half the population
of the latter. It-has a good site, and its interests are identical with those of
St Helen. The Pacific branch of the Northern Pacific railway passes across
both town-plats, coming near the river at Columbia City. Rainier, twenty
miles below Columbia City, was laid off in a town by Charles E. Fox about
1852. Previous to 1SG5, by which time a steamboat line to Mouticello on
the Cowlitz was established, Rainier was the way-station between Olympia
and Portland, and enjoyed considerable trade. Later it became a lumber
ing and fishing establishment. The other settlements in Columbia county
are Clatskanie, Marshland, Pittsburg, Quinn, Riverside, Scappoose, Ver-
nonia, Neer City, Bryantville, and Vesper.
Coos county was organized December 22, 1853, out of portions of Umpqua
and Jackson counties. The name is that of the natives of the bay county,
It contained about the same area as Clatsop, and had over 25,000 acres of
improved land, valued, with the improvements, at $1,188,349. The legisla
ture enlarged Coos county by taking off from Douglas on the north and east
enough to straighten the north boundary and to add two rows of townships
on the east. Or. Jour. House, 1882, 290. It is now considerably larger than
Clatsop. The live-stock of the county is valued at over $101,000, and of
farm products for 1879 over $209,000. Total of real and personal assessed
valuation was between $800,000 and $900,000. The gross valuation in
1881-2 was over $1,191,000, the population being a little over 4,800, the
wealth of the county per capita being $329. This county is the only one in
Oregon where coal-mining has been carried on to any extent. A line of
steamers has for many years been carrying Coos Bay coal to S. F. market.
The second industry of the county is lumbering, and the third ship-building,
the largest ship-yard in the state being here. Farming has not been
much followed, most of the provisions consumed at Coos Bay being brought
from California. Fruit is increasing in production, and is of excellent
quality. Beach-mining for gold has been carried on for thirty years.
Iron and lead ores are known to exist, but have not been worked. There are
also extensive quarries of a fine quality of slate. The valleys of Coos and
Coquille rivers are exceedingly fertile, and the latter produces the best white
cedar timber in the state, while several of the choice woods used in furniture
factories abound in this county. Empire City, situated four miles from the
entrance to Coos Bay, on the south shore, is the county seat, with a popula
tion of less than two hundred. It was founded in the spring of 1853 by t\
company of adventurers, of which an account has been given in a previous
chapter, and for some years was the leading town. Marshfield, founded only
a little later by J. C. Tolman and A. J. Davis, soon outstripped all the
towns in the county, having about 900 inhabitants and a thriving trade. It
is situated four miles farther from the ocean than Empire City, on the same
shore. Between the two is the lumbering establishment of North Beiid.
710 COUNTIES OF OREGON.
The place is beautifully situated, and would be rapidly settled did not the
proprietors refuse to sell lots, preferring to keep their employe's away from
the temptations of miscellaneous associations. Still farther up the bay and
river, beyond Marshfield, are the settlements of Coos City, Utter City,
Coaledo, Sumner, and Fairview. Coquille City is prettily situated near the
mouth of Coquille River, and has about two hundred inhabitants. It is
hoped by improving the channel of the river, which is navigable for 40
miles, to make it a rival of Coos Bay as a port for small sea-going vessels,
the government having appropriated $130,000 for jetties at this place, which
have been constructed for half a mile on the south side of the entrance.
Myrtle Point, at the head of tide-water, is situated on a high bluff on the
right bank of the Coquille, in the midst of a fine lumber and coal region. It
was settled in 1858 by one Myers, who sold out to C. Lehnhere, and in 1877
Binger Herman, elected in 1884 to congress, bought the land on which the
town stands, and has built up a thriving settlement. Other settlements in
the Coquille district are Dora, Enchanted Prairie, Freedom, Gravel Ford,
Norway, Randolph, Boland, and Cunningham. Gale's Coo* Co. Dir., 1875,
3J-61; Official P. 0. List, Jan. 1885, 499; Roseburg Plaindealer, Aug. 15,
1374.
Crook county, named after General George Crook, for services performed iu
Indian campaigns in eastern Oregon, was cut off from the south end of Wasco
county, by legisla.ive act, October 9, 1882. The north line is drawn west
fiom the Lend of the John Day River, and east up the centre of the Wasco
channel of said river to the west boundary of Grant county, thence on the
line between Grant and Wasco counties to the south-east corner of Wasco,
thence west to the summits of the Cascade Mountains, and thence along
them to the intersection of the north line. It lies in the hilly region where
the Blue Mountains intersect the foot-hills of the Cascade Range, and for
years has been the grazing-ground of immense herds of cattle. There are
also many valleys fit for agriculture. Prineville is the county seat. It is
situated on Ochoco River, near its junction with Crooked River, a fork of
Des Chutes, and has a population of several hundred. It was incorporated
in 1880. Ochoco, Willoughby, Bridge Creek, and Scissorsville are the subor
dinate towns.
Curry county, named after Governor George L. Curry, organized December
18, 1855, is comparatively an unsettled country, having only a little more
than 1,200 inhabitants. Its area is greater than that of Coos, the two coun
ties comprising 3,331 square miles, not much of which belonging to Curry
has been surveyed. The value of farm property is estimated at between five
and six hundred thousand dollars. The assessed valuation for 1879 was about
$220,000. The territorial act establishing the county provided for the selec
tion of a county seat by votes at the next general election, which was pre
vented by the Rogue River Indian war. At the election of 1858 Ellensburg,
a mining town, was chosen, and the choice confirmed by state legislative
enactment in October I860. Port Orford is the principal port in Curry
county. Chetcoe is the only other town on the coast. There is no reason
for the unsettled condition of Curry except its inaccessibility, which will be
overcome in time, when its valuable forests and minerals will be made a source
of wealth by a numerous population. Salmon-fishing is the principal indus
try aside from lumbering and farming.
_Douglas county, named after Stephen A. Douglas, was created January 7,
1852, out of that part of Umpqua county which lay west of the Coast Range.
In 1864 the remainder of Umpqua was joined to Douglas, and Umpqua ceased
to be. Its boundaries have been several times altered, the last time in 1882,
when a small strip of country was taken off its western border to give to Coos.
Its area previous to this partition was 5,796 square miles. The valuation of
its farms, buildings, and live-stock is nearly five million dollars. A large
portion of its wealth comes from sheep-raising and wool-growing. In 1880
Douglas county shipped a million pounds of wool, worth three to four cents
more per pound than Willamette Valley wool, and sold 27,000 head of she*-
DOUGLAS, GILLIAM, AND GRANT. 711
to Nevada farmers. The valuation of assessable real and personal property
is between two and three millions. In that part of the county which touches
the sea-coast lumbering and fishing are important industries. Gold-mining is
still followed in some localities with moderate profits. The population is be
tween nine and ten thousand. Roseburg, named after its founder, Aaron
Rose, was made the county seat in 18.53. It was often called Deer creek until
about 1856-7. It is beautifully situated at the junction of Deer creek with
the south fork of the Umpqua, in the heart of the Umpqua Valley, has about
900 inhabitants, and is the principal town in the valley. It was incorporated
in 1868. Oakland is a pretty town of 400 inhabitants, so named by its founder,
D. S. Baker, from its situation in an oak grove. Detvly's Hist. Or., MS.,
79. It is on Calapooya creek, a branch of the Umpqua River, and the Oregon
and California railroad passes through it to Roseburg. Wilbur is another
picturesque place on the line of this road, named after J. H. Wilbur, founder
of the academy at that place. It is only an academic town, with two hun
dred population. Canonville, at the north end of the Umpqua canon, has a
population of two or three hundred. Winchester, named for Colonel Win
chester of the Umpqua Company, the first county seat of Douglas county,
Galesville, named from a family of that name, Myrtle Creek, Camas Valley,
Looking Glass, Ten Mile, Cleveland, Umpqua Ferry, Cole's Valley, Rice Hill,
Yoncalla, Drain, Comstock, Elkton, Sulphur Springs, Fair Oaks, Civil Bend,
Day Creek, Elk Head, Kellogg, Mount Scott, Patterson's Mills, Round Prairie,
are the various smaller towns and post-offices in the valley. Scottsburg, sit
uated at the head of tide-wrater on the lower river, named for Levi Scott, its
founder in 1850, and by him destined to be the commercial entrepot of south
ern Oregon, is now a decayed mountain hamlet. The lower town was all
washed away in the great flood of 1861-2, and a whole street of the upper
town, with the military road connecting it with the interior country, was
made impassable. Another road has been constructed over the mountains,
and an attempt made to render the Umpqua navigable to Roseburg, a steamer
of small dimensions and light draught being built, which made one trip and
abandoned the enterprise, condemning Scottsburg to isolation and retrogres
sion. Gardiner, situated on the north bank of the Umpqua, eighteen miles
lower down — named by A. C. Gibbs after Captain Gardiner of the Bostonian,
a vessel wrecked at the entrance to the river in 1850 — laid out in 1851, was
the seat of customs collection for several years, during which it was presumed
there was a foreign trade. At present it is the seat of two or more lumbering
establishments, a salmon-cannery, and a good local trade.
Gilliam county was set off mostly from Wasco, partly from Umatilla, in
the spring of 1885. First county officers: commissioners, A. H. Wetherford,
W. W. Steiver; judge, J. W. Smith; clerk, -Lucas; sheriff, J. A. Blakely;
treasurer, Harvey Condon; assessor, J. C. Cartwright. The town site of
Alkali, the present county seat, was laid off in 1882 by James W. Smith, a
native of Mississippi. First house built in the latter part of 1881, by E. W.
Rhea.
J. H. Parsons, born in Randolph co., Va, came to Cal. in 1857, overland,
with a train of 30 wagons led by Capt. L. Mugett, and located in San Jos6
Valley, where for twelve years he was a lumber dealer. In 1869 he went to
British Columbia and was for 8 years engaged in stock-raising on Thompson's
River, after which he settled on John Day River, Oregon, in what is now
Gilliam co. He married, in 1877, Josephine Writsman, and has 4 children.
He owns 320 acres of bottom-land, has 5 square miles of pasture under fence,
has 2,000 head of cattle, and 200 horses. His grain land produces 30 bushels
of wheat or 60 bushels of barley to the acre.
Grant county, called after U. S. Grant, occupying a central position in
eastern Oregon, contains over fifteen square miles, of which only about one-
ninth has been surveyed, less than 200,000 acres settled upon, and less than
forty thousand improved. It was organized out of Wasco and Umatilla
counties, October 14, 1864, during the rush of mining population to its placers
on the head waters of the John Day. Spec. Laws, in Or. Jour. Sen., 1864, 43-4.
712 COUNTIES OF OREGON".
Its boundaries were defined by act in 1870. Or. Laws, 1870, 167-8. In
187*2 a part was taken from Grant and added to Baker county. Or. Laws,
1872, 34-5. These placers no longer yield profitable returns, and are aban
doned to the Chinese. There are good quartz mines in the county, which will
be ultimately developed. The principal business of the inhabitants is horse-
breeding and cattle-raising; but there is an abundance of good agricultural
land in the lower portions. The population is about 5,000. The gross valu
ation of all property in 1881 was over $1,838,000, the chief part of which was
in live-stock.
Canon City, the county seat, was founded in 1862, and incorporated in
1864. It is situated in a canon of the head-waters of John Day River, in the
centre of a rich mining district now about worked out. It had 2,500 inhabi
tants in 1865. A fire in August 1870 destroyed property worth a quarter of
a million, which has never been replaced. The present population is less than
600 for the whole precinct in which Canon City is situated, which comprises
some of the oldest mining camps. Prairie City, a few miles distant, Robin-
sonville, Mount Vernon, Monument, Long Creek, John Day, Granite, Camp
Harney, and Soda Spring are the minor settlements.
Jackson county, from Andrew Jackson, president, was created January
12, 1852, out of the territory lying south of Douglas, comprising the Rogue
River Valley and the territory west of it to the Pacific ocean. Its boundaries
have been several times changed, by adding to it a portion of Wasco and tak
ing from it the county of Josephine, with other recent modifications. Its
present area is 4,689 square miles, one third of which is good agricultural
land, about 91,000 acres of which is improved. Corn and grapes are success
fully cultivated in Jackson county in addition to the other cereals and fruits.
The valuation of its farms and buildings is over $1,600,000, of live-stock half
a million, and of farm products over half a million annually. The valuation
of taxable property is nearly two millions. The population is between eight
and nine thousand. Mining is the most important industry, the placers still
yielding well to a process of hydraulic mining. Jacksonville, founded in
1852, was established as the county seat January 8, 1853, and incorporated
in 1864. It owed its location, on Jackson creek, a tributary of Rogue River,
to the existence of rich placers in the immediate vicinity, yet unlike most
mining towns, it occupies a beautiful site in the centre of a fertile valley, where
it must continue to grow and prosper. It is now, as it always has been, an
active business place. The population has not increased in twenty years, but
has remained stationary at between eight and nine hundred. This is owing
to the isolation of the Rogue River Valley, the ownership of the mines by
companies, and the competition of the neighboring town of Ashland. Bowies'
New West, 449; Hines' Or., 78-9; Bancroft (A. L.), Journey to Or., 1862,
MS., 44. The town of Ashland, founded in 1852 by J. and E. Emry, David
Hurley, and J. A. Cardwell, and named after the home of Henry Clay, has a
population about equal to Jacksonville. It is the prettiest of the many pretty
towns in southern Oregon, being situated on Stuart creek, where it tumbles
down from the foot-hills of the Cascade Range with a velocity that makes it a
valuable power in operating machinery, and overlooking one of the most
beautiful reaches of cultivable country on the Pacific coast. It has the oldest
mills in the county, a woollen factory, marble factory, and other manufactories,
and is the seat of the state normal school. CardwcdVs Emigrant Company,
MS., 14; Ashland Tidings, May 3, 1878. The minor towns in this county are
Barron, Phoenix, Central Point, VVillow Springs, Rock Point, Eagle Point, Big
Butte, Brownsborough, Pioneer, Sam's Valley, Sterlingville, Thomas' Mill,
Uniontown, Woodville, and Wright.
A pioneer of Jackson county is Thomas Fletcher Beall, who was born in
Montgomery co. , Md, in 1703, his mother, whose maiden name was Doras
Ann Bedow, being born in the same state when it was a colony, and dying
in it. In 1836 his father, Thomas Beall, removed to Illinois, and his son ac
companied him, remaining there until 1852, when he emigrated to Oregon,
settling in Rogue River Valley. In 1859 he married Ann Hall of Champaign
JACKSON AND JOSEPHINE. 713
co., Ohio, then living in Douglas co., Or. They have 12 children — 8 boys
and 4 girls. Beall was elected to the legislature, and served at the regular
session of 1864, and at the called session of 1865 for the purpose of ratifying
the 15th amendment of the U. S. constitution. He was again elected in
1884. He has served as school director in his district for 25 years, less one
term.
John Lafayette Rowe was born in Jackson co., Or., in 1859, his parents
being pioneers. He married Martha Ann Smith, Jan. 1, 1883.
Mrs John A. Cardwell, widow first of William Steadman, was born in
Ireland in 1832, removed to Australia in 1849, married Steadman in 1850,
removed to San Francisco in 1851, and was left a widow in 1855. She mar
ried Cardwell, an Englishman, the following year, and they removed to Sanis
Valley in Jackson co., Or., where Cardwell died in May 1882. Mrs Card-
well has had 5 sons and 6 daughters, one of whom died in 1868. Cardwell
wrote the Emigrant Company, MS., from which I have quoted.
Andrew S. Moore, born in Susquehanna co., Ohio, in 1830, emigrated to
Oregon in 1859, settling in Sanis Valley, Jackson co., where he has since re
sided, engaged in farming. In 1864 he married Melissa Jane Cox, of Linn
co., Iowa. They have 7 sons and 4 daughters.
Arad Comstock Stanley, born in Missouri in 1835, was bred a physician,
and emigrated to California in 1864, settling near Woodland. He removed
to Jackson co., Or., in 1875, settling in Sanis Valley where he has a farm, but
practices his profession. He married Susan Martin in 1862. Their only
child is Mrs Sedotha L. Hannah, of Jackson co.
John B. Wrisley, born in Middlebury, Vt, in 1819, removed to New York,
Michigan, and Wisconsin, where he married Eliza Jane Jacobs of Iowa co.,
in 1843. He came to California in 1849, and to Rogue River Valley in 1852.
His daughter Alice was the first white girl born in the valley. She married
C. Goddard of Medford, Jackson co. Wrisley voted for the state constitu
tions of Wisconsin, California, and Oregon; has been active in politics, but
always rejected office.
Joshua Patterson was born in Michigan in 1857, immigrated to Oregon in
1862, and settled in Rogue River Valley. He married, in 1880, Ella Jane
Fewel, and resides at Ashland. Has 2 children.
Thomas Curry, born near Louisville, Ky, in 1833, removed with his parents
to 111., and came to Or. in 1853, settling in the Rogue River Valley, where he
has since resided. In 1863 he marrie 1 Mary E. Sutton, who came with her
parents to Or. in 1854. Of 5 children born to them, 2 are now living.
Jacob Wagner, an immigrant of 1S51, was born in Ohio in 1820, and re
moved with his parents first to Ind. and afterwards to Iowa. Settling in
Ashland, he has been engaged in farming and milling during a generation.
He married Ellen Hendricks of Iowa, in I860, by whom he has had 7 children,
2 of whom are dead.
Franklin Wertz, born in Pa in 1836, married Martha E. V. Beirly of his
state, and the couple settled at Medford, where 5 children have been born to
them.
Josephine county, cut off from Jackson January 22, 1856, was named after
Josephine Rollins, daughter of the discoverer of gold on the creek that also
bears her name. Its area is something less than that of Curry or Jackson,
between which it lies, and but a small portion of it is surveyed. The amount
of land cultivated is not over 20,000 acres, nor the value of farms and improve
ments over $400,000, while another $300,000 would cover the value of live
stock and farm products. The valuation of taxable property is under 8400,-
000. Yet this county has a good proportion of fertile land, and an admirable
climate with picturesque scenery to make it n't for settlement, and only its
exclusion from lines of travel and facilities for modern advantages of educa
tion and society has prevented its becoming more populous. Mining is the
chief vocation of its 2,500 inhabitants. When its mines of gold, silver, and
copper come to be worked by capitalists, it will be found to be possessed of
immense resources. Kirbyville, founded in 1852, is the county seat. The
714 COUNTIES OF OREGON.
people of this small town have attempted to change its name, but without
success. An act was passed by the legislature in 1858 to change it to Napo
leon — a questionable improvement. Or. Laws, 1858-9, 91. It was changed
back by the legislature of 1860. Or. Jour. Sen., 1860, 68. The question of
whether the county seat should be at Wilderville or Kirbyville was put to
vote by the people in 1876, and resulted in a majority for Kirbyville. Or.
Jour. House. It retains not only its original appellation, but the honor of
being the capital of the county. The towns of Althouse, Applegate, Waldo,
Slate Creek, Murphy, Galice, and Lelaud are contemporaries of the county
seat, having all been mining camps from 1852 to the present. Lucky Queen
is more modern.
Klamath county, the name being of aboriginal origin, was established
October 7, 1882, out of the western part of Lake county, which was made out
of that part of Jackson county which was taken from the south end of Wasco
county. It contains 5,544 square miles, including the military reservation
and the Klamath Indian reservation. The recent date of the division of ter
ritory leaves out statistical information. The altitude of the country on the
east slope of the Cascade Mountains makes this a grazing rather than an agri
cultural county, although the soil is good and the cereals do well, excepting
Indian corn. Linkville, situated on Link River, between the Klamath lakes,
was founded by George Nourse, a sutler from Fort Klamath, about 1871, who
built a bridge over the stream and a hotel on the east side, and so fixed the
nucleus of the first town in the country. It is the county seat and a thriving
business centre. Nourse planted the first fruit-trees in the Klamath country,
which in 1873 were doing well. It contains the minor settlements of Fort
Klamath, Klamath Agency, Langell, Bonanza, Mergauser, Yainax, Tule Lake,
and Sprague River.
Simpson Wilson, born in Yamhill co. in 1849, is a son of Thomas A. Wil
son, who migrated to Oregon in 1847. Father and son removed to Langell
Valley, in what is now Klamath co. , in 1870, to engage in stock-raising. Simp
son Wilson married, on the 16th of July, 1871, at Linkville, Nancy Ellen Hall,
who came across the plains with her parents from Iowa, in 1858. This was
the first marriage celebrated in Klamath co. They have 2 sons and 3 daugh
ters,
John T. Fulkerson was born in Williams co., Ohio, in 1840, his parents
having migrated from N. Y. in their youth. In 1860 John T. joined a train
of Arkansas emigrants under Captain Joseph Lane, migrating to Cal. and set
tling in the San Joaquin Valley, where he remained until 1865, when he re
moved to Jackson co., Oregon, and in 1867 to Laugell Valley, being one of
the earliest settlers of this region, then still a part of Jackson co. He mar
ried, in 1866, Ellen E. Hyatt, formerly of Iowa, who in crossing the plains a
few years previous lost her mother and grandmother. They have 4 sons and
3 daughters.
Jonathan Howell, born in Guilford co., N. C., in 1828, and brought up in
111. He came to Cal. in 1850, overland, and located in Mariposa co., residing
there and in Merced and Tulare 9 years, after which he returned to the east
and remained until 1876, living in several states during that time. When he
returned to the Pacific coast it was to Rogue River Valley that he came, re
moving soon after to the Klamath basin, and settling near the town of Bo
nanza. He married, in 1860, Susanna Statsman, born in Schuyler co., 111.
They have living, 2 sons and 1 daughter.
Thomas Jefferson Goodwyn, born in Suffolk co., England, in 1846, went to
Australia in 1864, and from there migrated to Oregon ten years later, settling
at Bonanza. He married Genevieve Roberts of Jackson co., in 1881, and has
2 sons and 2 daughters.
John McCurdy, born in Pugh co., Va, in 1836, and reared in 111. ; migrated
to Portland, Oregon, in 1864, where he chiefly resided until 1880, when he
settled in Alkali Valley, Klamath co. He married Frances M. Thomas of
McDonough co., 111., in 1857. They had 2 sons and 1 daughter, when in im
migrating his wife died, and was buried in the Bitter Root Mountains.
LAKE, LANE, AND LINN, 715
McCurdy has a brother, Martin V., in Lassen co., Cal., and another brother,
Joseph, in Nevada.
Lake county, organized October 23, 1874, took its name from the number
of lakes occupying a considerable portion of its surface. It formerly embraced
Klamath county, and its first county seat was at Linkville. But by a vote
of the people, authorized by the legislature, the county seat was removed to
Lakeview, on the border of Goose Lake, in 1876, previous to the setting-off
of Klamath county. It contains 6,763 square miles, less than 44,000 acres
being improved. Its farms and buildings are valued at $451,000, the assessed
valuation of real and personal property being about $700,000, and the total
gross valuation over $1,039,000. This valuation is for the county of Lake
before its division, there being nothing later to refer to. The population is
less than 8,000 for the two counties of Lake and Klamath. The settlements
are Drew Valley, Antler, Hot Springs, Chewaucan, White Hill, Sumner, and
Silver Lake.
Among the settlers of this comparatively new county are Thomas 0.
Blair, born in Ohio, who emigrated in 1859 by ox-team. Before starting he
married Lovisa Anderson. They reside on Crooked Creek, near Lakeview.
Charles A. Rehart, born in Perry co., Ohio, came to Oregon overland in
18G5. He follows farming and sheep-raising in the Chewaucan Valley. He
married Martha Ann Brooks in Dec. 1876.
Michael Suit, born in Marion co. Ohio, emigrated overland to Oregon
in 1859, in company with his sister, Mary Cruzan. He farms and raises stock
at Summer Lake. He married, in 1880, Laura Bell Conrad.
George Clayton Duncan, who was born in 111. in 1827, emigrated to
Oregon in 1854, and resides at Paisley, in Lake co. He married Eliza Rinehart
in 1848. They have 3 sons and 3 daughters.
Thomas J. Brattaiu, born in 111. in 1829, came to Oregon in 1850, over
land, and resides at Paisley. He married Permetiu J. Gillespie in 1859.
They have 3 sons and 1 daughter. There came with them to Oregon John,
Alfred, William C., Francis M., and James C. Brattain, brothers; and Eliza
beth Ebbert, Mary Brattain, Millie A. Smith, and Martha J. Hadley, sisters.
Lane county, named after Joseph Lane, was organized January 24, 1851,
out of Linn and Benton. Its southern boundary was denned December 22,
1853. Its area is 4,492 miles, of which about 229,000 acres are improved.
The value of farms and buildings is $4,600,000; of live-stock, $700,000; of
farm products, $900,000; and of all taxable property, about $3,400,000. The
population is between nine and ten thousand. Extending from the Cascade
Mountains to the ocean, Lane county comprises a variety of topographical
features, including the foot-hills of Calapooya Range, and the rougher hill
land of the Coast Range, with the level surfaces of the Willamette plains. Its
productions partake of this variety. Besides grains, vegetables, fruits, and
dairy produce, it is the largest hop-producing county in Oregon, the crop of
1882 selling for a million dollars. Eugene City, the principal town, was
founded in 1847 by Eugene Skinner. It was chosen for the county seat by
a vote of the people in 1853, and incorporated in 1864. It is well located,
near the junction of the coast and McKenzie fork of the Willamette, at the
head of navigation, surrounded by the picturesque scenery of the mountains
which close in the valley a few miles farther south. It is the seat of the state
university, with a population of about 1,200. Junction City, at the junction
of the Oregon Central and Oregon and California railroads, was built up by
the business of these roads. It was incorporated in 1872, and has between
three and four hundred inhabitants. The lesser settlements are Cottage
Grove, Divide, Latham, Cresswell, Rattlesnake, Goshen, Springfield, Leaburg,
Willamette Forks, Irving, Cartwright, Chesher, Linslaw, Spencer Creek,
Camp Creek, Cannon, Crow .Dexter, Florence, Franklin, Ida, Isabel, Long
Tom, McKenzie Bridge, Mohawk, Pleasant Hill, Tay, Trent, and Walterville.
Linn county, named in honor of Lewis F. Linn of Missouri, was organized
December 28, 1847, 'out of all that territory lying south of Champoeg and
cast of Benton.' Its southern boundary was established January 4, 1851,
716 COUNTIES OF OREGON.
giving an area of about 2,000 square miles, of which 256,000 acres are im
proved. The valuation of farms and buildings for 1 S79 was over seven millions,
of live-stock nearly a million, and of farm products almost a million and a
half. The total valuation of assessable property reached to considerably over
four million dollars. The population is between twelve and thirteen 'thou
sand. This county has three natural divisions, the first lying between the
north and south Santiam rivers; the second between Santiam River and Cala-
pooya creek, and the third between Calapooya creek and the south boundary
line* each of which has a business centre of its own. Albany, the county
seat, founded in 1S4S by Walter and Thomas Montieth, named after Albany,
X. Y., by request of James P. Millar, and incorporated in 18G4, is the prin
cipal town in the county, and the centre of trade for the country between the
Santiam and Calapooya* rivers. It has a fine water-power, and several manu
factories, and is the seat of the presbyterian college. The population is 2,000.
Brownsville, incorporated in 1874, Lebanon, and Waterloo, each with a few
hundred inhabitants, are thriving towns in this section. Scio, in the forks of
the Santiam, incorporated in 1806, is the commercial centre of this district,
•with a population of about 500. Harrisburg, situated on the Willamette River
and the Oregon and California railroad, is the shipping point for a rich agri
cultural region. It was incorporated in 1SG6. The present population is
600. Halsey, named after an otScer of the railroad company, was founded
about 1S72, and incorporated in 1S76. The lesser towns in this county are
Pine, Shedd, Sodaville, Tangent, Oakville, Fox Valley, Jordan, Mabel, Miller,
Mount Pleasant, and Crawford sville.
Marion county, one of the original four districts of 1843, called Champoeg,
Lad its name changed to Marion by an act of the legislature of September 3,
1849, in honor of General Francis Marion. Champoeg, or Champooick, dis
trict comprised all the Oregon territory on the east side of the Willamette,
north of a line drawn due east from the mouth of Pudding or Auchij'oke
River to the Rocky Mountains. Or. Archives, 26. Its southern limit was fixed
when Linn county was created, and the eastern boundary when the county
of Wasco was established in 1854. Its northern line was readjusted in Jan
uary 1850, according to the natural boundary of Pudding River and Butte
Creek, which adjustment gives it an irregular wedge shape. It contains about
1,200 square miles, of which 200.000 acres are under improvement. Its farms
and buildings are valued at nearly eight million dollars, its live-stock eight
hundred thousand, and its annual farm products at more than a million and
a half. The assessed valuation of real and personal property is four million
dollars, of all taxable property over six millions. The population is between
fourteen and fifteen thousand. Salem, the county seat and the capital of the
state, was founded in 1841 by the Methodist Mission, and its history has been
given at length. It was named by David Leslie, after Salem, Mass., in prefer
ence to Chemeketa, the native name, which should have been retained. It
was incorporated January 29, 1858, and has a population of about 5,000. The
Willamette university, the state-house, county court-house, penitentiary,
churches, and other public and private buildings, situated within large squares
boi-dered by avenues of unusual width and surrounded by trees, make an im
pression upon the observer favorable to the founders, ' who builded better than
they knew. ' Salem has also a fine water-power, and mills and factories, and
is in every sense the second city in the state. Gervais, named after Joseph
Gervais of French Prairie, incorporated in 1874, is a modern town built up by
the railroad. Butteville, which takes its name from a round mountain in the
vicinity — butte, the French term for isolated elevations, has been adopted
into the nomenclature of Oregon, where it appears in Spencer butte, Beaty
butte, Pueblo butte, etc.— is an old French town on the Willamette at the
north end of French prairie, but not so old as Champoeg in its vicinity.
They both date back to the first settlement of the Willamette Valley, and
neither have more than from four to six hundred in their precincts. Jeffer
son, the seat of Jefferson Institute, was founded early in the history of the
county, although not incorporated until 1870. It is* situated on the north
MARION AND MULTNOMAH. 717
bank of the Santiam Paver, ten miles from its confluence with the Willamette,
and has fine flouring mills. The population is small. Silverton is another of
the early farming settlements, which takes its name from Silver creek, a
branch of Pudding River, on which it is situated, and both from the supposed
discovery of silver mines at the head of this and other streams in Marion
county, about 1 857. It was not incorporated until 1 874. Aurora was founded
by a community of Germans, under the leadership of William Keil, in 1855.
The colony was an offshoot of Bethel colony in Missouri, also founded by
Keil in 1835. On the death of Keil, about 1879, the community system was
broken up. Three hundred of these colonists own 10,000 acres of land at
Aurora. Moxs1 Pictures Or. City, MS., 82; Deady'a Hist. Or., MS., 78; S. F.
Post, July 28, 1881. Other towns and post-oifices in the county are Hubbard,
named after Thomas J. Hubbard, who came to Oregon with Wyeth and settled
in the Willamette Valley, Sublimity, Mohama, Fairfield, Aumsviile, Turner,
Wiiiteaker, Stayton, Woodburn, Bellpasie, Stipp, Brooks, Saint Paul, and
Daly's Mill.
Multnoinah county, which has taken a local Indian name, was organized
December 23, 1854, out of Washington and Clackamas counties. Its boun
daries were finally changed October 24, 1864. It is about fifty miles long by
tea in width, and comprises a small proportion of agricultural land, being
mountainous and heavily timbered. Less than 27,000 acres are under im
provement, the value of farms, including buildings and fences, being $2,283,-
030, of live-stock less than $200,000, and of farm produce not quite $100, 000.
The gross value of all property in the county is over nineteen millions, and
the valuation of taxable property about fourteen millions. The population
i.-i 26,000. The capital invested in manufactures is nearly two millions, and
the value of productions approaches three millions. Portland, founded in
1845 by A. L. Lovejoy and F. W. Pettygrove, and named after Portland,
Maine, by the latter, is the county seat of Multnomah, and the principal
commercial city of Oregon. It was first incorporated in January 1851, at
which time its dimensions were two miles in length, along the river, and
extending one mile west from it. Portland Oretjonian, April 15, 1871. The
city government was organized April 15, 1851. There is no copy of the incor
poration act of 1851 in my library, but the act is mentioned by its title in the
Oregon Statesman for March 28, 1851, and the date is also given in an article
by Judge Deady in the Overland Monthly, i. 37. The first mayor chosen
was Hugh D. O'Bryant. The ground being thickly covered with a fir forest,
there was along battle with this impediment to improvement, and for twenty
years a portion of the town site was disfigured with the blackened shafts of
immense trees denuded of their branches by fire. The population increased
slowly, by a healthy growth, stimulated occasionally by military operations
and mining excitements. In 1850 shipping began to arrive from S. F. for
lumber and farm products, and Couch & Co. despatched the first brig to
China — the Emma Preston. On the 4th of December of that year the first
Portland newspaper, the Weekly Ore'joman, was started by Thomas J. Dryer.
In March 1851 the steamship Columbia began running regularly between S.
F. and Portland, with the monthly mails. The Columbia, after running on
this line for ten years, was burned in the China seas. In 1853 the first brick
building -was erected by William S. Ladd. In 1865 there were four churches,
one public school, one academy, four printing-offices, four steam, saw-mills,
a steam flouring mill, and about forty dry-goods and grocery stores, the cash
value of the real and personal property of the town being not much short of
two and a half millions.
In 1850 the city government took the volunteer fire-companies in charge
and purchased an engine. Pioneer Engine Company No. 1 of Portland, the
first organized fire-company in Oregon, was formed in May 1851. Its foreman
was Thomas J. Dryer of the Ore;/onian, assistant foreman D. C. Coleman,
secretary J. B. Meer, treasurer William Seton Ogden. Among the members
were some of Portland's most honored citizens, but they had no engine.
Vigilance Hook and Ladder Company No. 1 was the next organization, in
718 COUNTIES OF OREGON.
July 1853; foreman J. B. Smith, assistant foreman H. W. Davis, secretary
Charles A. Poore, treasurer S. J. McCormick. In August of the same year
Willamette Engine Company No. 1 was organized, and secured a small engine
owned by G. W. Vaughn. The company was officered by foreman N. Ham,
assistant foreman David Monastes, second assistant A. Strong, secretary A.
M. Berry, treasurer Charles E. Williams. It was admitted to the depart
ment in July 1854, and furnished with an engine worked by hand, provided
by the city council in 1856, since replaced by a steam apparatus. Multno-
inah Engine Company No. 2 was admitted to the department in November
1856, using Vaughn's small engine for a year, when they were supplied with
a Hunneman engine, the money being raised by subscription. Its first officers
were James A. Smith president, B. L. Norden secretary, W. J. Van Schuy ver
treasurer, William Cummings foreman. These three companies composed the
fire department of Portland down to June 1859, when Columbia Engine Com
pany No. 3 was organized. In October 1862 Protection Engine Company No.
4 was added; and in 1873 Tiger Engine Company No. 5. A company of exempt
firemen also exists, having a fund from which benefits are drawn for the relief
of firemen disabled in the discharge of their duty. Portland has suffered
several heavy losses by fire, the greatest being in August 1873, when 250
houses were burned, worth $1,000,000. This conflagration followed close upon
a previous one in December 1872, destroying property worth $250,000. The
Portland fire department in 1879 numbered 375 members, composed of respect
able mechanics, tradesmen, merchants, and professional men. Each of the six
companies had a handsome brick engine-house and hall. A dozen alarm-sta
tions were connected by telegraph with the great bell in a tower seventy feet
in height. In 1881 steps were taken to secure a paid fire department, which
was established soon after. Water-works for supplying the town with water
for domestic purposes were begun in this year by Stephen Coffin and Robert
Penland, under a city ordinance permitting pipes to be put down in the
streets. The right was sold to Henry D. Green in 1860. In 1868 there
were eight miles of mains laid, and two reservoirs constructed. The price of
water at this date was $2.50 a month for the use of an ordinary family. A
charter was granted to Green to manufacture gas for illuminating Portland,
by the legislature of 1858-9, the manufactory being completed about the
spring of 1860. Laws Or., 1858-9, 55; Or. Aryus, Sept. 24, 1859; Oregonian,
Jan. 21, 1860. Price of gas in 1868, $6 per 1,000 feet.
The first theatre erected in Oregon was built by C. P. Stewart at Portland
in 1858. It was 100 feet long by 36 wide, and seated 600 persons. It opened
November 23d with a good company, but was never permanently occupied.
Or. Statesman, Nov. 30, 1858. In 1864 theatricals were again attempted, the
Keene company and Julia Deane Hayne playing here for a short season. In
1868 a theatre was opened, called the Newmarket, and used for any musical or
theatrical performance; but down to 1884 no special theatre building was
erected, or theatrical representations kept going for more than a few weeks in
the year. Portland, besides lacking the population, was domestic and home-
loving in its habits, and also somewhat religious in the middle classes, pre
ferring to build churches rather than theatres. The population at this time
was but 1,750, there being but 927 voters in Multnomah county. In 1860 the
population had increased to nearly 3,000; in 1862 to a little over 4,000; in 1864
to 5,819, and in 1877 to 6,717. In 1870 the census returns gave 8,300. Since
that time the increase has been little more marked, the census of 1880 giving the
population at 17,600, to which the five years following added at least 5,000.
The original limits were increased, by the addition of Couch's claim on the
north and Caruthers* claim on the south, to about three square miles, most
of which is laid out, with graded, planked, or paved streets. One line of
street-cars, put in operation in 1868, traversed First Street, parallel with the
river-front, and one, incorporated in 1881, ran back to and on Eleventh Street.
The general style of domestic architecture had improved rapidly with the
increase of wealth and population, and Portland business houses became costly
and elegant. The gross cash value of property in Portland in 1868 was about
MULTNOMAH AND PORTLAND. 719
ten millions, and in 1884 was not far from eighteen millions. Deady, in Over
land Monthly, i. 38; Reid's Progress of Portland, 23. The principal public
building in Portland in 1868 was the county court-house on Fourth S tv>eet,
which cost about $100,000, built of brick and stone in 1866. The United
States erected the post-office and custom-house building on Fifth Street, of
Bellingham Bay freestone, in 1869-70, at a cost, with the furniture, of $450,-
000. The methodist church on Taylor Street was finished in 1869— the first
brick church in the city — costing $40,000. The Masonic Hall and Odd Fel
lows' Temple were erected about this time, and the market and theatre on
First Street. From this period the improvement in architecture, both do
mestic and for business purposes, was rapid, and the laying-out and paving or
planking of streets proceeded at the rate of several miles annually. A
million dollars was expended in enlarging the gas and water works between
1868 and 1878. A mile and a quarter of substantial wharves were added to
the city front, and a number of private residences, costing from $20,000 to
$30,000, were erected. Since 1877 these fine houses have multiplied, that of
United States Senator Dolph and ex-United States Attorney-general Williams
being of great elegance, though built of wood. The squares in Portland be
ing small, several of the rich men took whole blocks to themselves, which,
being laid out in lawns, greatly beautified the appearance of the town.
Among the prominent business men of Portland, who have not been hith
erto named, I may mention Donald Macleay, who was born in Scotland in
1834, and when a young man went to Canada, where he engaged in business
at Richmond, in the province of Quebec. From there he came to Portland in
1866, going into a wholesale grocery trade with William Corbittof San Fran
cisco, and carrying on an importing and exporting business. In 1869 his
brother, Kenneth Macleay, was admitted to the firm, which does a large ex
port trade, and has correspondents in all the great commercial cities. This
firm made the first direct shipment of salmon to Liverpool, and is interested
at present in salmon-canning on the Columbia. It has exported wheat since
1869-70, and more recently flour also, being the first firm to engage in the
regular shipment of wheat and flour to London and Liverpool. In 1872-4
it purchased several ships, which were placed in the trade with China, Aus
tralia, and the Sandwich Islands. One of these, the Mattie Macleay, was
named after a daughter of D. Macleay. Since his advent in Portland, Macleay
has been identified with all enterprises tending to develop the country. He
is one of the directors of the Cal. & Or. R. R., and has been vice-president;
and has been vice-president of the N. W. Trading Co. of Alaska, in which he
is a stockholder, a director in the Southern Or. Development Co. ; local presi
dent of the Or. & Wash. Mortgage Savings Bank of Scotland, which brought
much foreign capital to the country; and trustee of the Dundee Trust Invest
ment Co. of Scotland, representing a large amount of capital in Oregon and
Washington. For several terms he has been president of the board of trade,
and at the same time has not been excused from the presidency of the Arling
ton Club, or the British Benevolent and St Andrews societies. Few men
have discharged so many and onerous official duties.
Richard B. Knapp was born in Ohio in 1839, where he resided until 1858,
when he went to Wisconsin, from which state he came to Oregon the follow
ing year. In 1860 his brother, J. B. Knapp, together with M. S. Burrell,
founded the house of Knapp & Burrell, dealers in hardware and agricultural
implements, to which he was admitted in 1862, and from which his brother
retired in 1870. This house was the first to engage in the trade in agricultu
ral machinery, for a long time the only one, and is still the most important
in the north-west. It has done much to develop the farming interest of
eastern Oregon and Washington, and recently of British Columbia.
Although Portland is 112 miles from the sea, and twelve above the junc
tion of the Willamette with the Columbia, it was made a port of entry for the
district of the Willamette. In 1848, when the territory was established,
congress declared a collection district, with a port of entry at Astoria, the
president to name two ports of delivery in the territory, one to be on Puget
720 COUNTIES OF OREGON.
Sound. Nisqually and Portland were made ports of delivery by proclamation
January 10, 1850, and surveyors of customs appointed at $1,000 per year.
About the time when there had begun to be some use for the office it was
discontinued, 1861, and foreign goods were landed at Portland in charge of
an officer from Astoria. But in July 1864 an act was approved again making
Portland a port of delivery, U. 8. Acts, 1863-4, 353, in answer to numerous
petitions for a port of entry, a great deal of circumlocution being required to
deliver goods to the importer, whether in foreign or American bottoms. Beady,
in S. F. Bulletin, July 6, 1864. The legislature of 1864, by resolution, still
insisted on having a port of entry at Portland; and again, by resolution, in
1866 declared the necessity of a bonded warehouse, suggesting that the gov
ernment erect a building for the storage of goods in bond, and for the use of
the federal courts and post-office. Such an appropriation was made in 1868,
and the bonded warehouse erected in 1869-70, in which latter year Portland
was the port of entry of Willamette collection district. Cong. Globe, 1869-70,
ap. 664-5. Later steam-vessels for Portland entered at Astoria (Oregon dis
trict) and cleared from there to Portland (Willamette district). Outward
bound they cleared at Portland, entering and clearing again at Astoria,
some sailing vessels doing the same. The harbor is safe though small, the
channel requiring the constant use of a dredger. Pilotage to Portland and
insurance were high, drawbacks which it was believed would be overcome by
the application to river improvements of a hoped-for congressional appropria
tion. A comparison of the exports and imports of the two districts are thus
given in Farrish's Commercial and Financial Revieiv for 1877, 20-4. Foreign
exports cleared from Portland to the value of $3,990,387; from Astoria,
$2,451,357. Foreign imports entered at Portland, §461,248; entered at As
toria, $27,544. The number of coastwise vessels entered at Portland in this
year was 177, with an aggregate tonnage of 188,984. The clearances coast
wise were 114, with a tonnage of 125,190. The number of foreign vessels
entering was 37, with a total tonnage of 12,139. Most if not all, of these
vessels loaded with wheat and salmon for English ports. About an -equal
number of American vessels for foreign ports loaded with wheat and fish.
The wheat was taken on at Portland and the salmon at Astoria. At the close
of 1878 the wholesale trade of three firms alone exceeded nine million dollars.
Eight ocean steamers, sixty river steamers, three railroads, and a hundred
foreign vessels were employed in the commerce of the state which centred at
Portland, together with that of eastern Washington and Idaho. The year's
exports from the city amounted to $13,983,650. The value of real estate sales
in the city wei^e nearly a million and a half, with a population of less than
eighteen thousand.
There were in 1878 twenty schools, public and private, sixteen churches,
thirty-five lodges or secret organizations, fifteen newspaper publications, three
public and private hospitals, a public library, a gymnasium, a theatre, market,
and four public school buildings. I have spoken fully of the Portland schools
in another place. Of societies and orders for benevolent and other purposes,
Portland in particular and all the chief towns in general have a large number.
Of different Masonic lodges, there are the Multnomah Council of Kadosh, 30th
Degree, No. 1; Ainsworth Chapter of Rose Croix, 18th degree, No. 1; Oregon
Lodge of Perfection, 14th degree, No. 1; Oregon Commandcry No. 1; Grand
Chapter; Portland Royal Arch Chapter, No. 3; Grand Lodge; Willamette
Lodge No. 2, Harmony Lodge No. 12; Portland Lodge No. 55; Masonic
Board of Relief; Washington Lodge No. 46, East Portland. The Masons
have a fine building on Third Street. The Grand Lodge of Odd Fellows meets
annually at Portland in the Odd Fellows' Temple, a handsome edifice on First
Street. Ellison Encampment No. 1, Samaritan Lodge No. 2, Hassalo Lodge
No. 15, Minerva Lodge No. 19, Orient Lodge No. 17, all have their home in
Portland. The Improved Order of Red Men have three tribes, Multnomah
No. 3, Oneonta No. 4, Willamette No. 6. The Great Council meets where it
is appointed. The Good Templars have three lodges, Multnomah No. 12,
Nonpareil No. 86, Portland Lodge No. 102, and a Grand Lodge of Deputies.
CITY OF PORTLAND. 721
The Knights of Pythias have two lodges, Excelsior No. 1 and Mystic No. 2.
The First Hebrew Benevolent Association of Portland and Independent Order
of B'nai B'rith represent the benevolence of the Jewish citizens; the Hibernian
Benevolent Association and United Irishmen's Benevolent Association, the
Irish population; St Andrews Society, the Scotch; the Scandinavian Society,
the north of Europe people; the British Benevolent Society, the English resi
dents; the German Benevolent Society, the immigrants from Germany— each
for the relief of its own sick and destitute.
St Vincent de Paul Society relieves the needy of the catholic church.
The Ladies' Relief Society sustains a home or temporary shelter for destitute
women and children; the ladies of the protestant Episcopal church support
the orphanage and Good Samaritan Hospital; and a General Relief Society
gives assistance to whoever is found otherwise unprovided for. Of military
organizations, there were the City Rifles, Washington Guard, and Emmet
Guard. Of miscellaneous organizations, there were the Grand Army of the Re
public, the Multnomah County Medical Society, the Ladies' Guild of the Epis
copal Church, German- American Rifle Club, Portland Turn Verein, Father
Matthew Society, Olympic Club, Oregon Bible Society, Workingmen's Club,
Young Men's Catholic Association, Alpha Literary Society, and Althean Lit
erary Society.
Between 1878 and 1882 two public schools were added, a mariners' home,
a new presbyterian church, a pavilion for the exhibition of the industrial arts
and state products, beside many semi-public buildings and private edifices.
Nearly three million dollars were expended in 1882 in the erection of resi
dence and business houses; and about four millions in 1883 upon city improve
ments of every kind. The wholesale trade of Portland for 1882 reached
forty millions, inceasing in 1S83 to about fifty millions. Much of this busi
ness was the result of railroad construction and the sudden development of
eastern Oregon and Washington, all the supplies for which were handled at
Portland. The opening of the Northern Pacific in the autumn of 1883
began to tell upon the rather phenomenal prosperity of Portland from 1873 to
1883, much of the wholesale trade of the upper country being transferred
to the east. The improvements made by the Oregon Railway and Navigation
Company have, however, been of much permanent benefit to Portland, one of
the most important being the dry-dock, over 400 feet long, over 100 feet wide,
and 50 feet deep, for the construction and repair of sea-going vessels. It
was found after completion that the bottom rested upon quicksand, which
necessitated expensive alterations and repairs. The filling up of low ground
and covering it with substantial machine-shops, warehouses, car manufactories,
and depot buildings added not only to the appearance but the healthfuluess
of the environs of the city.
The suburbs of Portland are pleasant, the drives north and south of the
city affording charming glimpses of the silvery Willamette with its woody
islands and marginal groups of graceful oaks. Back of the city, lying on a
hillside, with a magnificent view of the town, the river, and five snowy
peaks, is the gjreat park of the city, long remaining for the most part in a state
of nature, and all the more intepesting for that. A few miles south on the
river road was placed the cemetery, a beautiful situation overlooking the river,
with a handsome chapel and receiving- vault. The ground was purchased
and laid off about 1880. Previous to this, the burial-ground of Portland had
been on the east side of the river, and inconvenient of access.
East Portland, built upon the land claim of James Stevens, who settled
there in 1844, had in 1884 a population of about 1,800. It was incorporated
in 1870. East Portland was connected with Portland by a steam-ferry in
1868. A drawbridge completed the union of the two towns, which were made
practically one. Several additions were made to Eatt Portland. About the
time of its incorporation, Ben Holladay bought a claim belonging to Wheeler
on the north end, and laid it out in lots. McMillan also laid off his claim north
of Holladay. Sullivan and Tibbets laid out a town, called Brooklyn, on the
south. Albina is a manufacturing town north of McMillan. 's addition, and
HIST. OB., Vox* II. 4S
722 COUNTIES OF OREGON.
was founded about 1869 by Edwin Russell, proprietor of the iron -works at
that place, who failed, and left it just in time for other men to make fortunes
out of it.
Sellwood, named after the episcopalian ministers of that name, was laid
off in 1882, during the land speculation consequent upon railroad building.
St John, six miles below East Portland, is an old settlement, with a few man
ufactories. Troutdale, six miles east of Portland, Mount Tabor, Powell
Valley, Arthur, Leader, Pleasant Home, Rooster Rock, and Willamette
Slough are the lesser settlements of Multnomah county.
Polk county, named after James K. Polk, was organized as a district De
cember 22, 1845, and comprised the whole of the territory lying south of
Yamhill district and west of a supposed line drawn from the mouth of Yam-
hill River to the 42d parallel. Its southern boundary was established in 1847,
and its western in 1853, when the counties of Benton and Tillamook were
created. Its present area is about 650 square miles, of which over 167,000
acres are improved. The valuation put upon its farms and improvements is
over four and a half millions, its live-stock in 1884 was valued at $600,000,
and its farm products at $1,200,000. The real and personal property of the
county was assessed at a little ohort of two millions. Population, 7,000.
Dallas, on the La Creole River, wras named after the vice-president. It was
made the county seat in 1850-1, and incorporated in 1874. An act was
passed for the relocation of the county seat in 1876, but Dallas was again
chosen by the popular vote of the county. It is a prettily located town of
700 inhabitants, with a good water-power, several manufactories, and a private
academy. Independence, situated on the Willamette River, was incorporated
in 1874, has a population of 700, and is a thriving place. Monmouth, the seat
of the Christian college, is a flourishing town of 300 inhabitants in a populous
precinct. It was founded by S. S. Whitman, T. H. Lucas, A. W. Lucas, J.
B. Smith, and Elijah Davidson, for a university town. It was incorporated
in 1859. Buena Vista, on the Willamette, had a population of two or three
hundred. In it was the chief pottery in Oregon. It was incorporated in
1876. Bethel, Luckiamute, Eola, founded in 1851 by William Durand,
Grand Rond, Elk Horn, Brooks, Lincoln, Lewisville, Ballston, Crowley,
McCoy, Parker, Perrydale, Zena, and Dixie, are the lesser towrns and settle
ments of Polk county. The culture of hops in this county assumed consider
able importance. t
Tillamook county, the Indian appellation given to the bay and river by
Lewis and Clarke, was created out of Clatsop, Yamhill, and Polk counties,
December 15, 1853. It contains nearly 1,600 square miles. Lumbering and
dairying are the chief industries, and little farming is carried on. The value
of improvements of this kind is between four and live hundred thousand dol
lars. The valuation of real and personal property in the county amounts to
less than $100,000. The county seat is Tillamook, at the head of the bay.
The whole white population of the county is less than a thousand, including
the towns of Nestockton, Kilchis, Garabaldi, and Nehalem. The Siletz
Indian reservation is in the southern end of the county.
Umatilla county, the aboriginal name, was organized September 27, 1862,
out of that portion of Wasco county lying between Willow Creek on the west
and the summit of the Blue Mountains on the east, and between the Columbia
on the north and the ridge dividing the John Day country from the great
basin south of it. Its boundaries have since been made more regular, and its
present area is 6,500 square miles. There are over 144,000 acres of improved
land in the county, valued, with the buildings and fences, at over two and a
half million dollars, the farm products a little less than a million, and the
live-stock at $1 ,800,000. The assessed valuation of real and personal property
in the county is $2,094,000. Population in 1884, 10,000. Pendleton, the
county seat, named after George H. Pendleton, was founded in 1868 by com
missioners appointed for the purpose, and incorporated October 23, 1880. It
is situated on the Umatilla River, in the midst of a beautiful country, and
on the edge of the reservation of the Umatillas, with whom, as well as
UMATILLA AND UNION". 723
with the country about, it enjoys a good trade. The population is about
1,000. Umatilla City, settled in 1862, was first called Cain's landing, then
Columbia, and finally incorporated as Umatilla in 1864. It was the place of
transfer for a large amount of merchandise and travel destined to the Boise"
and Owyhee mines, as well as the most eastern mining districts of Oregon,
and carried on an active business for a number of years. It became the
county seat in 1865, by special election. The establishment of Pendleton in
a more central location, and the withdrawal of trade consequent on the
failure of the mines, deprived Umatilla of its population, which was re
duced to 150, and caused the county seat to be removed to Pendleton.
Weston, on Pine Creek, a branch of the Walla Walla River, was named after
Weston, Missouri, and incorporated in 1878. It is purely an agricultural
town, with three or four hundred inhabitants, beautifully situated, and pros
perous. The minor towns and settlements are Meadowville, Milton, Heppner,
Pilot Hock, Centreville, Midway, Lena, Butter Creek, Agency, Cayuse, Cold
Spring, Echo, Hardmann, Hawthorne, Helix, Moorhouse, Pettysville, Purdy,
and Snipe.
Union county, so named by unionists in politics, was created October 14,
1SG4, to meet the requirements of a rapidly accumulating mining population,
La Grande, upon the petition of 500 citizens, being named in the act as the
county seat until an election could be had. It occupies the extreme north
east corner of the state, touching Washington and Idaho. Its area embraces
5,400 square miles, of which about 95,000 acres are improved, the farms and
buildings being valued atone and a half millions; the live-stock of the county
at $1,029,000, and the farm products at $432,000. The valuation of real and
personal property for the tenth census was given at considerably over a million
and a quarter. The population was about 7,000. The chief industries are
stock-raising, sheep-farming, and dairying. Union City was founded in the
autumn of 1862, by the immigration of that year, at the east end of Grand
Ilond Valley, in a rich agricultural region. It was chosen for the county
seat in 1873, by a vote of the people, and incorporated in 1878. Its popula
tion is eight hundred, and rapidly increasing. D. S. Baker and A. H. Rey
nolds of Walla Walla erected a flouring mill at Union in 1864, the first in
Grand Rond Valley. La Grande was founded in October of 1861 by Daniel
Chr.plin, the first settler in the valley. It took its name from reminiscences
of the French voyageurs, la grande valle'e, a term often applied to the Grand
Rond Valley. The town was made the temporary seat of Union county by
act of the legislature in 1864, and incorporated in 1865. A land-office was
established here in 1867, for the sale of state lands, Chaplin being appointed
receiver. In 1872 this district was made identical with the U. S. land district
of La Grande. La Grande is also the seat of the Blue Mountain University.
The population is 600. Sparta, Oro Dell, Island City, Cove, and Summer-
ville tire the lesser towns of Grand Rond Valley; and Lostine, Joseph, and
Alder of Wallowa Valley. Elk Flat, Keating, New Bridge, Pine Valley,
Prairie creek, and Slater are the other settlements.
Among the residents of Union county who have furnished me a dictation
is James Quincy Shirley, who was born in Hillborough, N. H., in 1829, and edu
cated in New London. He came to California in 1849, by sea, and mined at
Beal's Bar on American River. He was in the neighborhood of Downieville
2 years, trading in cattle, which he bought cheap at the old missions, and sold
high to the miners. He remained in the business in different parts of the state
until 1862, when he started with a pack-train of goods for Idaho, bat had
everything taken from him by Indians, near Warner Lake, from which point
he escaped on foot to Powder River with his party, and went to the Florence
mines. From Idaho he went to Portland, and by the aid of a friend secured
employment under the government, but left the place and cut and sold hay
in Nevada the following year, getting $25 and $30 per ton at Aurora. In 1864
he again purchased cattle, at $2.50 per head, driving them to Montana, where
they sold for $14. Horses for which he paid $14 sold for from $30 to $80. This
being a good profit, he repeated the trade the following year, driving his
•724 COUNTIES OF OREGON.
Btock through Nevada, and purchasing old Fort Hall, which he resold to the
government 3 years afterward. In 1809 he settled in Raft River Valley,
Idaho, where he had a horse and cattle rancho. In the autumn he shipped
the first cattle ever carried on the Central Pacific railroad from Humboldt
House to Niles, Cal. He continued in this trade for several years longer,
and in 1883 sold out his stock and land at Raft River for $100,000, bought
10,000 sheep and placed them on a range in Utah. After looking over new
and old Mexico for land, he finally settled in Union co., Oregon, where he
raises grain, and buys and sells cattle, an example of what can be done if the
man knows how to do it. His real property lies in 4 different states and ter
ritories, and he has $100,000 in live-stock.
Wasco county, named after an Indian tribe inhabiting about the dalles of
the Columbia, was organized January 11, 1854, comprising under the act
creating it the whole of eastern Oregon, these boundaries being reduced
from time to time by its division into other counties. Its area is 6,250 square
miles, of which about 80,000 acres are improved, valued at $1,700,000. The
products of farms were valued at a little less than half a million for 1879,
while the live-stock of the county was assessed at not quite two millions.
The gross valuation of all property in 1881-2 was set down at about four and
a half millions, and of taxable property $3,220,000. The population of the
county at the tenth census was not much over 11,000. Wasco county pos
sesses a great diversity of soil, climate, and topography. There is a large
extent of excellent wheat land, and an equal or greater amount of superior
grazing land. More sheep and horses were raised in Wasco than in any other
county, while only Baker exceeded it in the number of horned cattle. The
Dalles is the county seat of Wasco. Its name was first given it by the
Hudson's Bay Company, whose French servants used a nearly obsolete word
of their language— dalle, trough or gutter — to describe the channel of the
Columbia at this place. By common usage it became the permanent appella
tive for the town which grew up there, which for a time attempted to add
' city ' to Dalles, but relinquished it, since which time ' The Dalles ' only 13
used. To the dalles, which rendered a portage necessary, the town owes its
location. It was founded by the methodist missionaries Lee and Perkins,
in March 1838, abandoned in 1847, taken possession of by the U. S. military
authorities, partially abandoned in 1853, and settled upon as a donation
claim in that year by Winsor D. Bigelow. During the mining rush of 1858-
65 it became a place of importance, which position it has continued to hold,
although for many years under a cloud as to titles, as related in another
place. It was incorporated January 26, 1857. It was once contemplated
establishing a branch mint at The Dalles for the coinage of the products of
the mines of Oregon, Washington, Idaho, and Montana. Such a bill was
passed by congress, and approved July 4, 1864. An edifice of stone was par
tially erected for this purpose, but before its completion the opening of the
Central Pacific railroad rendered a mint in Oregon superfluous, and the build
ing was devoted to other uses. Down to 1882 The Dalles was the transfer
point for passengers and freight moving up and down the river, but oa
the completion of the Oregon Railway and Navigation Company's line from
various parts of the upper country to Portland, a large portion of the traffic
which formerly centred here was removed. Yet, geographically, The Dalles
remains a natural centre of trade and transportation, which, on the comple
tion of the locks now being constructed at the Cascades, must confirm it a3
the commercial city of eastern Oregon. The Dalles has several times suffered
from extensive conflagrations. The last great fire, in 1879, destroyed a million
dollars' worth of property. A land-office for the district of The Dalles was
established here in 1875. The lesser towns and settlements in Wasco county
are Cascade Locks, Hood River, Celilo, Spanish Hollow, Bake Oven, Lang's
Landing, Tyghe Valley, Des Chutes, Mount Hood, Warm Spring Agency,
Antelope, and Scott. There are a number of other post-offices in Wasco
county as it was previous to the division into Crook and Wasco in 1882, which
I have not put down here because it is doubtful to which county they belong.
WASHINGTON AND YAMHILL. 725
They are Alkali, Blalock, Clnk, Cross Hollows, Cross Keys, Crown Rock,
Dufur, Flcetville, Fossil, Grade, Hay Creek, Kingsley. Lone Hock, Lone
Valley, Mitchell, Nansene, Olex, Rockville, Villard, and \Valdron.
Samuel E. Brooks, from whom I have a dictation, and who is a native of
Ohio, came to Oregon overland, via Platte and Snake rivers, in 1850, in com
pany with C. H. Haines, Samuel Ritchie, Washington Ritchie, S. B. Roberts,
J. H. Williams, his father Linn Brooks, his mother E. Brooks, his brothers
B. S. and H. J. Brooks. Samuel settled at The Dalles, and married Annie
Pentland, daughter of Robert Pentland, in 1872. He is among the prominent
men of Wasco county.
Washington county was established under the name of Twality district,
the first of the four original political divisions of Oregon, on the 5th of July,
] 843, and comprised at that time all of the territory west of Willamette and
north of Yamhill rivers, extending to the Pacific ocean on the west, and as
far north as the northern boundary line of the United States, then not deter
mined. Its limits have several times been altered by the creation of other
counties, and its name was changed from Twality to Washington September
4, 1849. Its area is 682 square miles, 62,000 acres of which is improved
land, valued with the improvements at about three and a half million dollars.
The live-stock of this county is all upon farms, and is assessed at a little less
than four hundred thousand. The farm products of 1879 were valued at over
§700,000. The state returns for 1881-2 make the gross valuation of all prop
erty ^3,717,000, and the total of taxable property over two and a half millions.
The population is between seven and eight thousand. A considerable portion
of the northern part of Washington county is heavily timbered and moun
tainous, but its plains are famed for their productiveness, and the face of the
country is beautifully diversified. Hillsboro, founded by David Hill, one of
the executive committee of Oregon in 1843, is the county seat. It was incor
porated in 1876. The population is about five hundred. Forest Grove, the
seat of Pacific University, has 600 inhabitants. It was founded by Harvey
Clark in 1849, and incorporated in 1872. The U. S. Indian school, founded
in 1879, is located at Forest Grove. The location of the university town at
the edge of the foot-hills of the Coast Range, in the midst of natural groves of
oak-trees, gives an academic air to the place, and certain propriety to the
name, which will be lost sight of in the future should not the forest beauties
of the place be preserved. The lesser towns are Cornelius, Gaston, Dilley,
Gale's Creek, Cedar Mill, Bethany, Beaverton, Glencoe, Greenville, Ingles,
Laurel, Middleton, Mountain Dale, Sch oil's Ferry, Tualatin, and West Union.
Harley McDonald, born in Foster, R. I., in 1825; came to Cal. in 1849 by
sea, and to Oregon the following year, locating at Portland. His occupation
was that of architect and draughtsman. He built the steamer Iloosier, one of
the first on the upper Willamette, in 1851; the first theatre in San Francisco;
the first wharf and first church in Portland; the first railroad station at Salem;
and is engaged by the government to erect school-houses on the Indian reser
vations. He married, in 1848, Betsy M. Sansom, and has 8 children, one son
bein.r? a banker. He resides at Forest Grove.
Yamhill county was first organized as one of the first four districts, July 5,
1843, and embraced all of the Oregon territory south of Yamhill River, and
west of a supposed north and south line extending from the mouth of the
Yamhill to the 42d parallel. Its boundaries were subsequently altered and
abridged until it contained a little more than 750 square miles. The amount
of improved land is 119,000 acres, valued, with the improvements, at §5,518,-
000. The value of live-stock is over half a million, and the yearly product of
the farms is about a million and a half. The valuation of real and personal
estate is in excess of two and a half millions, and the population is 8,000. This
county is famed for its wheat-producing capacity, as well as for its many beau-
ful features. Lafayette, once county seat, is situated on the Yamhill River,
which is navigable to this point. It was founded by Joel Perkins about 1851,
and named by him after Lafayette, Indiana. Perkins was murdered, while
returning from California in July 1856, by John Malone, who hanged himself
726 MANUFACTURES.
in jail after confessing the act. Or. Statesman, Aug. 12, 1856; Deady's Hivt.
Or., MS., 78. It was chosen for the seat of the county in August 1858. Its
court-house, erected in 1859 at a cost of $14,000, was the pride of the county
at that time, but its age is now against it, and it does not do credit to so rich
a county. The population of Lafayette is COO. The town was incorporated
in 1878. McMinnville, founded by William T. Newby in 1854, was named
after his native town in Tennessee. It is the seat of the baptist college, ia
on the line of the Oregon Central railroad, and has a population of 800. Its
incorporation was in 1872. Dayton, founded by Joel Palmer on land pur
chased of Andrew Smith, and named after Dayton, Ohio, is a pretty town, on
the Yamhill River, of ,300 inhabitants, and the initial point of the Dayton,
Sheridan, and Grand Rond narrow-gauge railroad. It is a shipping point for
the wheat grown in the county, which is here transferred from the railroads
to steamboats, and carried down the Yamhill and Willamette Rivers to Port
land or Astoria. Dayton has a grain elevator and mills. It was incorporated
in 1880. Sheridan, at the present western terminus of the narrow-gauge
railroad, is a picturesque town of less than 200 inhabitants, named after
General P. Sheridan, who as a lieutenant was stationed at Fort Yamhill,
near here. It was settled in 1847 by Absolem B. Faulconer, and incorporated
in 1880. Amity, founded in 1850, is another pretty village, in a fine agricul
tural region, incorporated in 1880. The minor settlements are Bellevue,
Carlton, Ekins, Ncwburg, North Yamhill, West Chehalem, and Willamina.
There was a proposition before the legislature of 1882 to create one or
more counties out of Umatilla. By a comparison of the wealth of the several
counties of Oregon, it is found that the amount per capita is largest in Mult-
nomah, which is a commercial county. The agricultural counties of the
Willamette Valley rank, Linn first, Yamhill second, Lane third, and Marion
fourth, Clackamas ranking least. The coast and Columbia-River counties
fall below the interior ones. In the southern part of western Oregon there is
also much less wealth than in the Willamette Valley, Douglas county, how
ever, leading Jackson. In eastern Oregon, Umatilla leads the other counties
in per capita wealth, Grant, Union, Wasco, Lake, and Baker following in the
order named. This may be different since the cutting-off of Crook county,
which took much of the best portion of Wasco. The comparative amount of
wheat raised in 1880 was greatest in Marion county, which raised 1,060,003
bushels, Yamhill, Umatilla, Linn, and Polk following with nearly 1,000,000
each. Clackamas county raised less than 500 bushels. But Clackamas pro
duced $00,000 worth of fruit, being the second fruit county, Linn leading the
state. Lake raised almost none, Curry, Clatsop, and Tillamook very little,
and all the other counties from $4,000 to $37,000 worth, all but three, Baker,
Grant, and Columbia, producing over $10,000 worth, and nine of them from $30,-
000 to $57,000 worth. The gross value of the fruit crop was over $581,003.
From this general and comparative review of the counties and towns of the
state, as taken from the assessors' statistics, to which a large amount in values
may safely be added, the condition of the population at large may be gathered,
especially as refers to agriculture. Manufactures are considered under a
separate head.
MANUFACTURES.
The earliest manufactured product of Oregon was lumber. From the
building of the first mills for commercial purposes, in 1844, to 1885, this has
continued to be a grand staple of the country. At the last date mentioned
tnere were over 228 saw-mills in the state, costing over a million and a half
of dollars, and producing annually lumber valued at over two millions. It i
difficult to give even approximately the percentage of acres of timbered land
that would produce lumber. Both sides of the Coast Range, the west side of
the Cascade Range, the highlands of the Columbia, and the north end of the
Willamette, as well as the bottom-lauds along that river for sixty miles, are
heavily timbered; while the east side of the Cascades, the west side of the
Blue Mountains, and the flanks of the cross ranges between the Willamette, •
LUMBER AND SHIP-BUILDING. 727
Umpqua, and Rogue River valleys are scarcely less densely covered with
forest. See Review Board of Trade, 1877, 33; Overland Monthly, xiii. 247-9;
Rept Com. A<jric.t 1875, 330-1; Moseltfs Or., 30; Or. Legis. Docs, 1876, doc.
ii., 15.
The merchantable woods of Oregon are yellow fir, cedar, pine, spruce,
cottpnwood, hemlock, oak, maple, ash, alder, arbutus, and myrtle.
Fir is the staple used in ship-building, house-building, fencing, furniture, and
fuel. Cedar is used for finishing, and withstands moisture. Hemlock is
used in tanning. Oak is utilized for farming implements and wagons; cot-
tonwood for staves; ash, maple, and myrtle for furniture. Veneering froin
the knots of Oregon maple received a diploma from the centennial exposition
of 1876, for its beauty, fineness of grain, toughness of fibre, and susceptibility
to polish. Nash's Or., 128. Combined with myrtle, which is also beautifulty
marked and susceptible of a high polish, but of a dark color, the result is one of
great elegance in cabinet-work. A few vessels built at Coos Bay have been
finished inside with these woods, presenting a remai'kably pleasing effect.
Half of all the wood used in the manufacture of furniture in San Francisco
is exported from Oregon. As early as 1SG2 a set of furniture made of Oregon
maple was sold in San Francisco for $800. Or. Statesman, May 12, 1862.
The furniture trade of the state reached §750,000 annually, two thirds of
which was for home-made articles. The Oregon Manufacturing Company of
Portland in 1875 began to make first-class fashionable furniture from native
woods, a building being erected by J. A. Strobridge on the corner of First
and Yamliill streets, at a cost of $75,000, for the company's use. Portland
West Shore, Aug. 1875; Hillsboro Wash. Independent, Dec. 2, 1875. The
finest cabinet articles were made in Portland. Other smaller factories were
scattered throughout the state, but Portland furnished a large proportion of
the furniture sold by country merchants. According to a prominent Pacific
coast statistician, John S. Hittell, Resources, 584-5, there were 150,000,000
feet of lumber sawed in Oregon in 1880-1. The greater part of this was cut
at the mills on the Columbia, and the southern coast, several of which turn
out 75,000 feet per day. The mill at St Helen cut from 40,000 to 75,000
in 24 hours. At Coos Bay and Port Orford there were mills that produce
21,000,000 to 37,000,000 feet annually. G'Jfnfs Or. Resources, MS., 45; S. S.
Mann, in Historical Correspondence, MS. The Coquiile mills saw 12,000,000
feet for San Francisco market annually. In eastern Oregon the Bine Moun
tains furnished the principal part of the lumber made. The Thielsen fhunc,
for carrying lumber from the mountains, is the largest, carrying 50.COO feet
of lumber and 300 cords of lire-wood daily from the mills to the town of
Milton, near the Oregon line. It was the property of the Oregon Improve
ment Company, and, including its branch, was thirty miles long. The Little
White Salmon flume, built by the Oregon Railway and Navigation Company
to bring lumber to The Dalles, was ten miles in length. HitteWs Resources,
584-5.
At St Johns, near the mouth of the Willamette, was the location of the Or
egon Barrel Company, where barrels, pails, fruit-packing boxes, and cases for
holding packages of canned salmon were manufactured; 0. B. Severance
founder. The products of this factory were- worth about §15,000 annually.
There was a similar factory at Oregon City in 18G3, and there was, in 1884,
a large box factory at Portland, owned by John Harlowe & Co. Wood
was used for fuel throughout Oregon, except in a few public and private
houses, where coal was preferred. It was abundant and cheap everywhere
west of the Cascade Mountains, the highest prices obtaining in Portland,
where fir wood brought six dollars per cord, and oak eight. Most of the river
steamers used wood for making steam as a matter of economy.
Ship-building, which depends upon the quality of timber produced by the
country, is carried on to a considerable extent, the principal ship-yard being
at Coos Bay. The oldest yard on the bay is at North Bend, where the brig
Arayo was built by A. M. and R. W. Simpson in 1856, since which time
twenty-two other vessels have been launched from this yard, with tonnage
728 MANUFACTURES.
aggregating 12,500. They were launched in the following order: brigs Arago
and Blanco, 1856-8; schooners Meiidocino and Florence E. Walton, 1859-60;
brig Advance, 1861; schooners Enterprise, Isabella, Hannah Louise, and Ju-
venta, 1863-5; barkentines Occident and Melancthon, 1866-7; schooner Bunk-
alatioti, 1868; burkentine Webfoot, 1869; schooners Botama and Orecjonian,
1871-2; barkentine Portland, 1873; ship Western Shore, 1874; barkentine
Tarn O'Shanter, 1875; barkentines North Bend and Klikitat, and schooners
Trustee, James A. Garjield, and one unnamed, 1876-81. The ship Western
Shore was the largest and strongest ship ever built on the Pacific coast, and
the second in number, the Wildwood, built at Port Madison in 1871-2, being
the tirst. The Western Shore was designed by A. M. Simpson, and built by
John Kruse. The joiner- work was done by Frank Gibson, the polishing of
tlie wood- work by Frederick Mark, and the painting by Peter Gibson. She
was 2,000 tons burden, and her spars the finest ever seen iu Liverpool. R.
W. Simpson designed the rigging and canvas. The cabin was finished with
myrtle wood, relieved by door-posts of Sandwich Island tamanaina handsome
manner; but the Tarn O'Shanter was finished still more handsomely by the
same German workman, F. Mark. The first voyage of the Western >^hore was
to San Francisco, thence to Liverpool, loaded with 1,940 tons of wheat, com
manded by Wesley McAllep. She beat the favorite San Francisco ship Three
Brothers 8 days, and the British King, a fast sailer, 14 days — a triumph for
her builders. She cost $86,000, less than such a ship could be built for at
Bath, Maine. Thos B. Merry, in Portland West Shore, May 1876 and Feb.
1882; 8. F. Bulletin, Nov. 20, 1876.
From the ship-yard of H. H. Luse, at Empire City, Coos Bay, eight vessels
were launched between 1861 and 1881, with an aggregate burden of 900 tons.
The class of vessels built at Empire City was smaller than the North Bend
vessels, several being small steamers for use on the bay. They were the
schooners ffebecca, Kate Piper, and C'ashman, brig llobert Emmett, and steam-
tug A Ipha, and the steamers Satellite, Coos, and Bertha. The Alpha was the
first vessel built at this place, and the only one before 1869. Portland We-t
Shore, Feb. 1882, 26. At Marshfield, Coos Bay,-E. B. Dean & Co. have a
ship-yard. Here were built twenty vessels between 1866 and 1881, of an ag
gregate capacity of 9,070 tons, and at other points on the bay and river. The
first vessel built at Marshfield was the steam-tug Escort. Then followed the
schooners Slaghound, Louisa, Morrison, Ivanhoe, Annie Stauffer, Panamd,
Sunshine, Frithioff, Laura May, Jennie Stella, C. II. Merchant, Santa Rosa,
George, C. Perkins, J. G. North, Dakota, and one unknown, the barkentine
Amelia, the steamers Messenger and Wasp, and the tug Escort, No. 2. The
steamer Juno was built in Coos River, and also a schooner, name unknown,
at Aaronville. Merry makes mention of the North Bend tug Fearless, which
is not down in the list.
The reputation of Coos Bay vessels for durability and safety is good, few
of them having been lost. The Florence Walton was wrecked on the coast
between Coos Bay and Rogue River. The Bunkalation, while discharging a
cargo of lime at cape Blanco for the light-house, was set on fire by the sea
washing down the hatchway, and entirely destroyed. The Sunshine was
wrecked off Cape Disappointment bj capsizing in a sudden squall, from her
masts being too tall and the hoops too small to allow the sails to be lowered
quickly. Portland West Shore, June 1876, 6. Several of them have been in
the Columbia River trade ever since they were completed.
Ship-building in a small way has been carried on in the Umpqua River
ever since 1856. Two schooners, the Palestine and Umpqan, were built about
a mile and a half below Scottsburg, by Clark and Baker, in 1855-6, for the
San Francisco trade. Or. Statesman, May 6, 1856. In 1857 the steamer
Satellite was built to run on the river. In 1560 John Kruse, Bauer, and
Maury built the schooner Mary Cleveland, at Lower Scottsburg, for the C~li-
foruia trade. Id., May 13, 1861. Kruse also built the schooners Pacific and
W. F. Brown in 1864-5; Hopkins' Ship-building Pacific Coast; Davidson's
Coast Pilot, 139. A few vessels have been built in Tillamook Bay, of light
FLOUR. 729
draught and tonnage. Ever since the Star of Oregon was launched from Oak
Island in the Willamette in 1841, ship-building has been carried on in a desul
tory fashion along on the Columbia and Willamette, no record of which has
been kept. An examination of the U. S. Commerce ami Navigation Statistics
from 1850 to 1856 shows that no figures are given for more than half the
years, consequently the information gained is comparatively worthless. In
the years given, 1850, 1857, 1865, 1808-1877, there were 109 vessels of all
classes, from a barge to a brig, built in Oregon, 31 of which were sailing ves
sels. According to the same authority, there were 60 steam-vessels in Oregon
waters in 1874; but these returns are evidently imperfect.
The cost of ship-building as compared with Bath, Maine, is in favor of
Oregon ship-yards, as shippers have been at some pains in the last ten or
fifteen years to demonstrate, as well as to show that American wooden ships
must soon displace English iron vessels, and American shipping, which has
been permitted to decline, be restored. The report of the Pacific Social
Science Association on the Restoration of American Shipping in the Foreign
Trade, by a committee consisting of C. T. Hopkins, A. S. Hallidie, I. E.
Thayer, A. Crawford, and C. A. Washburn, is an instructive pamphlet of
some 30 pages, showing the causes of decline and the means of restoring the
American shipping interest. In 1875-6, §1,513,508 was paid away in Oregon
to foreign ship-owners for grain charters to Europe, which money should have
been saved to the state and reinvested in ship-building. Board of Ti\:deRcpt,
1870, 10. I have quoted the opinions of competent writers in the history of
Puget Sound ship-building, and will only refer here to the following pam
phlets. Farris/i's I'eview* of the Commercial, Financial, and industrial Interests
of Oregon, 1877, 31-2; Gilfnfs Resources Or., MS., 45-50; lievicw of Portland
Board of Trade, 1877; and I/opliu*' Ship-building, 1867. In view of the re
quirements of commerce in the future, the Oregon Railway and Navigation
Company have provided a magnificent dry-dock at Albina, opposite Portland,
which was completed about 1883.
Flour takes the second place, in point of time if not of value, in the list of
Oregon manufactures. Since the time when wheat was currency in Oregon, it
has played an important part in the tinances of the country. Taking a compar
atively recent view of its importance, the fact that the wheat crop increased
from 2.340,000 bushels in 1870 to 7,486,000 in 1880, establishes its relative
value ito any and all other products. A very large proportion of the wheat
raised in Oregon was exported in bulk, but there was also a large export of
manufactured Hour. The first to export a full cargo of wheat direct to Europe
was Joseph Watt, who sent one to Liverpool by the tiallie Brown in 1868. It
cost Watt $4,000 to make the experiment. The English millers, unacquainted
with tho plump Willamette grain, condemned it as swollen, but bought it at a
reduced price, and ground it up with English wheat to give whiteness to the
flour, sines which time they have understood its value. Grover's Pub. Life in
Or., MS., 69; Watt, in Camp-fre Orations, MS., 1-2. Another cargo went the
same year in the Helen A ngier. The year previous to Watt's shipment a cargo
of wheat and flour was sent direct to Australia by the bark Whistler. As
early as 1861 H. E. Hayes and C. B. Hawley of Yamhill had 10,000 bushels
ground up at the Linn City Mills (swept away in the flood of the following win
ter) for shipment to Liverpool, taking it to S. F. to put it on board a clipper
ship. Or. Argus, Jan. 12, 1861. In 1808-9, 30,305 bushels of wheat and 200
barrels of flour, worth $36,447, were shipped direct to Europe. The trade
increased rapidly, and in 1874 there were 74,715 bushels of wheat and 28,811
barrels of flour sent to foreign ports, worth $1,026,302. S. F. Bulletin, Jan.
20, 1875.
The number of flouring and grist mills in the state was over a hundred, in
which more than a million and a quarter of capital was invested, producing
annually three and a half millions' worth of flour. Some of the most famous
mills were the following: Standard Mills at Milwaukee, completed in 1860 by
Eddy, Kellogg, and Bradbury, which could make 250 barrels daily. The
Oregon City Mills, owned by J. D. Miller, capable of turning out 300 barrels
730 MANUFACTURES.
daily. This mill was originally erected in 1866 to make paper, but converted
in 1868 into a flouring-mill. The Imperial Mill at Oregon Ciiy, first owned by
Savier and Burnside, was capable of grinding 500 barrels daily. The Salem
Flouring Mills, owned by a company organized in 1870, with a capital of
$30,000 since increased to $200,000, and which had A. Bush, the former eduor
of the Or. Statesman, and later a banker in Salem, for president, manu
factured 15,000 to 16,000 barrels of flour monthly. Their flour took the lead
in the markets of Europe. The Jefferson City Mills, owned by Corbitt and
Macleay of Portland, ground 10,000 barrels monthly. J. H. Foster's mill at
Albany had a capacity of 300 barrels daily. HittelVs Resources, 555-8.
In Uie great Hood of 1861-2 the Island mill at Oregon City, built by the
methodist company, and John McLoughlin's mill were both carried away.
McLoughliu's mill was in charge of Daniel Harvey, who married Mrs Rae, the
doctor's daughter. Harvey was born in the parish of Shefford, county Essex,
England, in 1804, He died at Portland, Dec. 5, 1868. Portland Advocate, Dec.
19, 1868.
Salmon, by the process of canning, becomes a kind of manufactured goods,
and was one of the three great staples of the state. The salmon of the Colum
bia were introduced to the markets of Honolulu, Valparaiso, and London, in
a measure, by the Hudson's Bay Company, before any citizen of the United
States had Ci.lered into the business of salmon- fishing in Oregon. Robert's
Recollections, MS., 20; Wilkes* Nar. U. S. Ex. Exped., iv. 369-70; //. Com.
Rept, 31, i. 57, 27th cong. 3d scss.; Van Tramp's Adventures, 145-6. The
first attempts to compete with this company were made by Wyeth and the
methodist missionaries, which was successful only in securing enough for home
consumption, the Indians being the fishermen, and the company able to pay
more for the fish than the missionaries. The first merchants at Oregon City
traded a few barrels to the Honolulu merchants for unrefined sugar and mo
lasses. Henry Roder went to Oregon City in 1852, with the design of estab
lishing a fishery at the falls of the Willamette, but changed his mind and
vent to Bellingham Bay to erect a saw-mill. About 1857 John West began
putting up salt salmon in barrels, at Westport, on the Lower Columbia. In
1859 Strong, Baldwin & Co. established a similar business at the muuth of
Rogue River. Or. Statesman, Oct. 25, 1859. But nothing like a modern fishery
was established on the Columbia until I860, when William Hurne, George
Hume, and A. S. Hapgood erected the first fish -preserving factory at Eagle
Cliff, on the north bank of the river, in Wahkiakum county, Washington. In
1876 there were seventeen similar establishments on the river, and in loSO
there were thirty-five. The average cost of these fisheries, with their appa
ratus for canning salmon, and of the boats and nets used in catching fish, was
in the neighborhood of forty thousand dollars each, making a sum total in
vested in the Columbia River fisheries of nearly a million and a half. The
number of persons employed in the fishing season, which Listed about four
months, was six thousand, the gi-eater number of whom were foreign. The
boatmen are usually Scandinavians, and the men employed in the canneries
principally Chinese. A few women were hired to put on labels, at which they
were very expert. The mechanics were usually Americans. The following
shows the increase of the salmon catch for ten years, by the number of cases
put up: 1609,20,769; 1870,29,736; 1871,34,805; 1872, 43,C90; 1873, 102,733;
1G74, 291,021; 1875, 231,500; 1876, 438,730; 1877, 395,288; 1878, 440,917;
1879, 438,004. New Tacoma N. P. Coast, June 15, 1880. The production
varied with different years, the salmon in some years appearing to avoid the
Columbia and all the principal fishing-grounds. There was a falling-off in
1879, for the whole Pacific coast, amounting to nearly 100,000 cases from the
catch of the previous year. After the fishing season was over some of the
canneries put up beef and mutton, to utilize their facilities and round out the
year's business.
The export of canned salmon did not commence until 1871, when 30,000
cases were exported, which realized §150,000. In 1875, 330,000 cases were
sold abroad, which realized §1,650,000, and the following year 479,000 cases,
SALMON AND WOOLLEN GOODS. 731
bringing over two and a half millions of dollars, which is about the maximum
of the trade, a few thousand more packages being sold in 1878, and consider-
alxy less in 1879. Review of board of trade, 1879, in Portland Standard,
Feb. 4, 1879. The production of 1881 was 550,000 cases of 48 pounds each,
bringing five dollars a case.
The partial failure of several years alarmed capitalists and legislators; and
in April 1875 the Oregon and Washington Fish Propagating Company, with
a capital of $30,000, was incorporated. The officers of this company were
John Adair, Jr, president, J. W. Cook vice-president, J. G. Megler secretary,
Henry Failing treasurer, with J. Adair, J. G. Megler, John West, C. M.
Lewis, and J. W. Cook directors. Livingston Stone of Charlestown, Massa
chusetts, was chosen to conduct the experiment. A location for a hatching
establishment was selected at the junction of Clear creek with the Clackamas
River, a few miles from Oregon City, where the necessary buildings were
erected and a million eggs put to hatch, of which seventy-five per cent became
fish and were placed in the river to follow their ordinary habits of migration
and return. In this manner the salmon product was rendered secure. In
March 1881, 2, 150, 000 fish were turned out of the hatching-house in a healthy
condition. Olympia Courier, April 22, 1881; Portland West Shore, August,
1878; Portland Orer/onian, May 26, 1877.
Besides the Columbia River fisheries, there were others on the Umpqua,
Coquille, and Rogue rivers, where salmon are put up in barrels. The Coquille
fishery put up 37,000 barrels in 1881. tf. F. Chronicle, Aug. 13, 1881. Im
mense quantities of salmon-trout of excellent flavor have been found in the
Umpqua, Klamath, Link, a^id other southern streams. In the Klamath, at
the ford on the Linkville road, they have been seen in shoals so dense that
horses refused to pass over them. In Lost River, in Lake county, the sucker
fkh abounded in the same shoals during April and May. Sturgeon, tomcod,
flounder, and other edible fish were plentiful along the coast. Since 1802,
oysters in considerable quantities have been shipped from Tillamook Bay;
and other shell-fish, namely, crabs, shrimps, and mussels, were abundant,
and marketable. Or. Statesman, Nov. 3, 1802; Or. Leyisl. Docs, 1870, ii.
15; 8mafPn Or. 62-5.
Laws have been enacted for the preservation of both salmon and oysters.
These acts regulate the size of the meshes, which are 83 inches long, to permit
tiie young salmon to escape through them; and prohibit fishing from Saturday
evening to Sunday evening of every week in the season, for the protection of
aa salmon; and forbid the use of the dredge where tiie water is less than, twen
ty-four feet in depth at low tide onoj^ster-beds, or the waste of young oysters.
Or. Laws, 1870, 7. With regard to the preservation and propagation of ral-
mon, ib has been recently discovered that the spawn thrown into the Coquille
from the fisheries is not wasted, but hatches in that stream, and that there
fore that river is a natural piscicultural ground. Coquille City Herald, in S. F.
Bulletin, Nov. 15, 1833. The same does not appear to be true of the northern
rivers. Another difference is in the time of entering the rivers, which is April
in the Columbia, and August in the Umpqua and Coquille.
The manufacture of Oregon wool into goods was neglected until April
1850, when a joint-stock association was formed at Salem for the purpose of
erecang a woollen-mill. Joseph Watt was the prime mover. William H.
Rector was superintendent of construction, and went east to purchase ma
chinery. George H. Williams was president of the company, Alfred Stanton
vice-president, Joseph G. Wilson secretary, and J. D. Boon treasurer. Watt,
Rector, Joseph Holman, L. F. Grovcr, Daniel Waldo, and E. M. Barnum
were directors. Br 'own '« Salem Dir., 1871. Watt & Barber had a carding-
machine in Polk county in 1856, and there appears to have been another in
Linn county, which was destroyed by lire in 1802. The company purchased
the right of way to bring the water of the Sautiam River to Salem, building
a canal and taking it across Chemeketa Creek, making it one of the best water-
powers on the Pacific coast. Its completion in December was celebrated by
the firing of cannon. The incorporation of the company as a manufacturing
732 MANUFACTURES.
and water company followed, and in the fall of 1857 two sets of woollen ma
chinery were put in motion. Tiie goods manufactured, blankets, flannels, and
cassimeres, were exhibited at the hrst state fair of California, in 1858, being
the first cioch made on the Pacific coast of the United States by modern ma
chinery, in 1860 the capacity of the mill was doubled, the company pros
pered, and in 1863 built a large flouring mill to utilize its water-power. The
canal which brought the Sunuani into Salem was less than a mile in length
and had a fail of 4J feet. The water was exhaustless, and there was laid the
foundations of unlimited facilities for manufactures at Salem.
The building of the Willamette woollen-mill at Salem was a great incentive
to wool-growing. The amount of wool produced in Oregon in 1860 was
220,000 pounds, not as much as the Salem mill required after it was enlarged,
which was 400,000. But in 1870 the wool crop of the state was 1,500,000,
and in ISoO over eight million of pounds were exported. Hoard of Trade. lie-
view, 1877, 15; Pacific North-west, 4. The Salem mill burned to the ground
in May 1876, but in the mean time a number of others had been erected. In
1SJJ W. J. Linnvillc and others petitioned the senate for a charter for a
woollen manufacturing company, which was refused, on the ground that the
constitution of the state forbade creating corporations by special laws except
for municipal purposes. Or. Jour. Senate, 1860,63,73. In 1864 a woollen-miil
was erected at.Lliendale, which was running in 1866, and 'turning out flannels
by thj thousand yards,' but which has since been suspended. Or. Statesman,
May 7, 1866; Decides Scrap- Uook, 149. The Oregon City Woollen Mill was
projected as early as 18G2, although not built until 1864-5. The incorpora
tion papers were liled Dec. 31, Ib02, in the office of the secretary of state.
The mcorporators were A. L. Lovejoy, L. D. C. Latourette, Arthur Warner,
\V. W. Buck, William Win dock, F. Barclay, Daniel Harvey, G. H. Atkin
son, J. L. Ba.iovv, John D. Dement, W. C. Dement, D. P. Thompson, Wil
liam Barlow, W. C. Johnson, and A. H. Specie. Capital stock, $60,000. Or.
Arfjus, Jan. 31, 1862. Five lots were purchased of Harvey for ,$12,000, and
water-power guaranteed, 'ihe building was of brick and stone, 188 by 52 feet,
ana two storie.3 high. Joel Palmer \vas elected president of the company.
It was designed, as we are told, to concentrate capital at Oregon City. Buck's
Enterprises, Mo'., 6-8. Back relates how when they had built the mill the
directors could &o no further, having no money to buy the wool to start with,
until he succeeded in borrowing it from the bank of British Columbia. A few
men bought up all the stock, and some of the original holders realized nothing,
among whom was Buck, whose place among the projectors of enterprises is
conspicuous if not remunerative. The enterprise was successful from the
stare. The mill began by making flannels, but soon manufactured all kinds
of woollen goods. It was destroyed by lire in 186o, and rebuilt in the follow
ing year. In point of capacity and means of every sort, the Oregon City mill
was the first in the state. Its annual consumption of wool was not much short
of a million pounds, and the value of the goods manufactured from forty to i'or-
ty-iivo thousand dollars a month. A wholesale clothing manufactory in con
nection with the mill employs from fifty to sixty cutters and tailors in work
ing up tweeds and cassimeres into goods for the market. This branch of the
business was represented in S. F. by a firm which manufactures Oregon City
cloths into goods to the value of $400,000 annually. The mill employed 150
operatives, to whom it paid $90,000 a year in wages. HitteWs Resources, 445
-6. A fire in February 1881 destroyed a portion of the mill, which sustained
a loss of $20,000. The wool-growers of Wasco county at one time contem
plated fitting up the abandoned mint building at The Dalles for a woollen
factory, but later, with Portland capitalists, making arrangements to erect a
large mill at the fall of Des Chutes River.
Another woollen- mill was established at Brownsville in 1875, with four
sets of machinery, which could manufacture tweeds, doeskins, cassimeres,
satinets, flannels, and blankets. Its sales were about $150,000 annually, on
a paid-up capital of $36,000. Linn county had a hosiery factory also. At
Albany, also, there was a hosiery-mill, called The Pioneer, owned by A. L.
IRON-WORKS. 733
Stinson. It had the only knitting-machines in the state, and did its own
carding and spinning. A woollen-mill at Ashland manufactured goods to the
value of from forty to fifty thousand dollars annually, and was the property
of two or three men. Its goods were in great demand, being of excellent
quality.
The woollen manufactures of the Pacific coast excel in general excellence
any in the United States, which is due to the superior quality of the wool
used. The blankets made at the Oregon mills, for fineness, softness, and
beauty of finish, are unequalled except by those made in California from the
same kind of wool. The total amount invested in these manufactures in
1885 was about half a million; $400,000 worth of material was used, and
$840,000 worth of fabric manufactured annually.
The first iron-founding done in Oregon was about 1858. Davis & Mo-
nastes of Portland, and the Willamette Iron-Works of Oregon City, were the
pioneers in this industry. At the latter were built, in 1859, the engines and
machinery for the first two steam saw-mills in the eastern portion of Washing
ton and Oregon. These two mills were for Ruble & Co. at Walla Walla and
Noble & Co. at The Dalles. According to Hittell, boiler-making was begun
in Portland as early as 1852. Resources, 658. A. Rossi, F. Bartels, R. Hur
ley, and D. Smith were the owners of the Willamette Iron Foundry. Or.
Argus, July 3, 1868. The Salem iron- works were erected in 1860, and turned
out a variety of machinery, engines, and castings. They were owned
by B. F. Drake, who came to California in 1851, and after mining for a
short time settled at Oregon City, where he remained until he built his
foundery at Salem. His foreman, John Holman, had charge of the works
for fifteen years, and employed 12 men. Hindi's Resources, 663—4. John
Nation, a well-known iron- worker, was at first associated with Drake. In
1862 this foundery built a portable engine of eight horse-power, to be used on
farms as the motive power of thrashing-machines, the first of its kind in Ore
gon. Since that period founderies have been planted in different parts of the
state as required by local business, Portland and The Dalles being the chief
centres for the trade on account of the demands of steamboat and railroad
traffic.
The presence of iron ore in many parts of Oregon has been frequently re
marked upon. It is known to exist in the counties of Columbia, Tillamook,
Marion, Clackamas, and in the southern counties of Jackson and Coos. Its
presence in connection with fire-clay is considered one of the best proofs of
the value of the coal-fields of Oregon, the juxtaposition of coal, iron, and fire
clay being the same here as in the coal-bearing regions of other parts of the
world. The most important or best known of the iron beds of the state are
in the vicinity of Oswego, a small town on the Willamette, six miles south of
Portland, and extending to the Chehalem valley, fifteen miles from that city.
Equally rich beds of the ore are found near St Helen, and from the out-
croppings between these two points the deposit seems to curve around to the
west of Portland, and to extend for twenty-five miles, with the richest beds
at either end. At St Helen the ore has never been worked, except in a black
smith-shop, where it has been converted into horse-shoes.' Several varieties
of iron ore exist in the state, including the chromites of Josephine county.
The Oswego iron was tested in 1862, and found to be excellent. Or. States
man, Jan. 19 and Feb. 9, 1863; Or. Argus, Jan. 24, 1863. It yields about
fifty per cent of pure metal; and it is estimated that there are sixty thousand
tons in the immediate vicinity of this place, while less than three miles away
is another extensive deposit, from twelve to fifteen feet in depth. A company
was formed at Portland February 24, 1865, under the name of the Oregon
Iron Company, to manufacture iron from the ore at Oswego, which proceeded
to erect works at this place, Sucker Creek, the outlet of a small lake, furnish
ing the water-power. President, W. S. Ladd, vice-president, H. C. Leonard;
capital stock, $500,000, divided among 20 stockholders, most of whom resided
in Oregon, the remainder in S. F. The ^corporators were Louis McLane,
Charles Dimon, W. S. Ladd, Henry Failing, A. M. Starr, H. D. Green, and
734 MANUFACTURES.
H. C. Leonard. The stack was modelled after the Barnum stack at Lime
Rock, Connecticut, and was put up by G. D. Wilbur of that state. Its foun
dations were laid on the bed-rock at a depth of 16 feet, and it was constructed
of solid, dry stone-work, covering a space of thirty-six square feet. The
stack itself was built of hewn stone, obtained on the ground; was thirty-four
foet square at the base, thirty-two feet high, and twenty-six feet square at
the top. On top of the stack was a chimney, built of brick, forty feet high,
and containing the oven for heating the air for the blast. The diameter of
the top of the lower pyramid in which the smelting takes place was ten feet.
The blow-house was built on the ground near the stack. The machinery for
driving the air was propelled by water. The blast was furnished by two
blowing cylinders of wood, five feet in diameter and six feet stroke. Char
coal was used for fuel. The capacity of the works was designed to be ten
tons in twenty-four hours. The ore to be tested was the variety known as
brown hematite, and it was found to yield from forty-six to seventy per cent
of pure iron. The timber for making charcoal was in the immediate vicinity,
and every circumstance seemed to promise success. The works reached com
pletion in June 1867, having cost $120,000. The first run was made on the
24th of August, six tons of good metal being produced, which, on being sent
to the S. F. founderies, was pronounced a superior article. By the first of
October the Oregon Iron Co. had made 225 tons of pig-iron, costing to make
twenty-nine dollars per ton, exclusive of interest on capital and taxes. The
experiment, for experiment it was, proving that iron could be produced
more cheaply in Oregon than in other parts of the U. S., though not so cheaply
by half as in England, was satisfactory to those who had no capital in the
enterprise, if not to those who had. The cost was distributed as follows:
166 bushels of charcoal, costing at the furnace 8 cents $13 28
88 pounds lime, costing at furnace 4 cents 3 52
4,970 pounds of ore, costing at the furnace $2.50 a ton 5 50
Labor reducing ore, per ton 6 67
$28 97
Browne's Resources, 219-22; Or. City Enterprise, June 8, 1867; dackamas
County Resources, 1. J. Ross Browne, in his very readable work, the Resources
of the Pacific States and Territories, 220-1, published at S. F. in 1869, gives
the relative cost of producing iron in England and the United States. An
establishment, he says, capable of making 10,000 tons annually in this coun
try would cost altogether, with the capital to carry it on, $2,000,000, while
in England the same establishment, with the means to carry it on, would cost
$800,000. At the same time the interest on the American capital would
exceed that on the English capital by $120,000. In the U. S. a fair average
cost of producing pig-iron was not less than $35 per ton, while in England
and Wales it was $14, to which should be added the difference caused by
the greater rate of interest in the U. S. See also Langley's Trade Pac., i.
9-10; Portland Orefjonian, July 28, 1866.
Owing to an error in building the stack, which limited the production of
metal to eight tons per diem, the works were closed in 1869, after turning out
2,400 tons. Some of the iron manufactured was made up into stoves in Port
land, and some of it in the construction of Ladd & Tiiton's bank. It sold
readily in S. F. at the highest market price, where, owing to being rather soft,
it was mixed with Scotch pig. In 1874 the works were reopened, and ran
for two years, producing 5,000 tons. In 1877 they were sold to the Oswego
Iron Company, under whose management it was thought the production
could be made to reach 500 tons a month. The sales for 1881 exceeded
$150,000.
One serious disadvantage in smelting iron in Oregon was the lack of lime
rock in the vicinity of the iron beds, and the cost of lime obtained formerly
from San Juan Island or from Santa Cruz in California, and recently from New
Tacoma. Limestone has often been reported discovered in various parts of
the state, but no lime-quarries of any extent have yet been opened with kilns
LIME AND SALT. 735
for burning lime for market; and the want was greatly felt in house
building, as well as in manufactures. The only mineral of this character
which has been worked in Oregon, or rather in Washington (for the works were
on the north bank of the Columbia, though the rocks were found on both sides
of the river), is a native cement, or gypsum, obtained from the bowlders in the
neighborhood of Astoria. It was probably the same rock so often pronounced
limestone by the discoverers in different parts of the state. As early as 1850
some military officers at Astoria burned some of the rock, and pronounced it
limestone. A year or two later a kiln of it was burned and shipped to Port
land, to be sold for lime. But the barge on which the barrels were loaded Avas
sunk in the river with the cargo, which remained under water until 1864,
when the barge being raised, it was found the barrels had gone to pieces, but
their contents were solid rock. On these facts coming to the notice of the Ore
gon Steam Navigation Company, the officers contracted with Joseph Jeffers
of Portland to furnish 500 barrels in a given time for the foundations of their
warehouse in Portland. Mr Jeffers proceeded to build a kiln and burn the rock
on the premises of John Adair, at upper Astoria, without consulting the owner.
When the first kiln had turned out 100 barrels of cement the work was inter
fered with by Mr Adair and others, who claimed an interest in the profits
ao owners of the rocks and ground. A company was then formed, which filled
the contract with the navigation company, and had 100 barrels more to sell.
The masons found on slaking it that it contained lumps which remained hard,
and gave them annoyance in the use. The plan was then conceived of grind
ing the cement to make it uniform in consistency, and works were erected for
this purpose on the north side of the Columbia, by J. B. Knapp, at a place
which received the name of the manufacturer. This article became known in
the market as Oregon cement. Of quarrying stone, few varieties have been dis
covered in Oregon. This is greatly due to the overflow of basalt, which has
capped and concealed the other formations. On Milton Creek, near St Helen,
was found a bed of sandstone, which was quarried for the Portland market;
and sandstone is reported at various localities, but before the Milton creek
discovery stone was brought from Bellingham Bay in Washington to build
the custom -house and post-office at Portland; and the custom-house at Astoria
was built of rock taken out of the surrounding hills.
In Marion county, and in other parts of the state, as well as in Clarke
county, Washington, near Lewis River, a yellowish and a bluish gray marl is
found, which when first quarried is easily cut into any shape, but on exposure
to the air, hardens and forms stone suitable for many purposes, though always
rather friable. Mantels, door-sills, ovens, and many other things are cut out
of this stone and sold to the farmers in the Willamette Valley, who use it in
place of brick in building chimneys. Black marble has been found on the
north side of the Columbia, in the Lewis River highlands. A beautiful and
very hard white marble has been quarried in Jackson county, where it became
an article of commerce, limited to that portion of the state. No other com
mon minerals have been applied to the uses of mankind, with the exception
of salt. In 1861 the manufacture of salt from brine obtained from wells
dug at the foot of a high range of hills six miles south-east of Oakland, in
Douglas county, was attempted, and was so far successful that about 1,000
pounds were obtained daily from the evaporation of two furnaces. The pro
jectors of this enterprise were Dillard, Ward, and Moore. The works were
run for a period, and then closed.
On the farm of Enoch Meeker, about the north line of Multnomah county,
was a salt-spring, similar to those in Douglas county, and situated similarly,
at the foot of a range of high, timbered mountains. Meeker deepened the
well about twenty-seven feet, and made a little salt by boiling, as an experi
ment. In this well, at the depth mentioned, the workmen came upon the
charred wood of a camp-fire, the sticks arranged, without doubt, by the hands
of men. The salt appeared good, but had a bitter taste. In 1867 Henry C.
Victor leased the salt-spring and land adjoining, with a view to establishing
the manufacture of salt. Works were erected, which made about two tons per
736 MANUFACTURES.
day for several months, lout the returns not being satisfactory, they were
closed, and the manufacture was never resumed. The salt made at these
works granulated in about the fineness used in salting butter, for which pur
pose, and for curing meats, it was superior to any in the market, being abso
lutely pure, as was proved by chemical tests. A sample of it was taken to
the Paris exposition by Blake, one of the California commissioners. Henry
C. Victor was born Oct. 11, 1828, in Pennsylvania. His parents removed
to Sandusky, Ohio, in his boyhood, and he was educated at an academy in
Norwalk. He studied naval engineering, and entered the service of the U.
S. about the time Perry's expedition was fitting for Japan, and sailed in the
San Jacinto. He was in Chinese waters at the time of the opium war with
the English, and distinguished himself at the taking of the Barriere forts, be
coming a favorite with Sir Jchn Bowering, with whom he afterward corre
sponded. After three years in Asiatic ports, he returned to the U. S. and was
soon after sent to the coast of Africa. The locality and the time suggested
controversies on the slavery question and slave-trade. Victor was in opposi
tion to some of the officers from the southern states, and in a controversy in
which a southerner was very insulting, gave his superior officer a blow. For
this offense he was suspended, and sent home. Shortly after being restored
to service came the war for the union, and he was assigned to duty in the
blockading squadron before Charleston. In February 1863 he brought the
splendid prize, Princess Royal, to Philadelphia; shortly after which he was
ordered to the Pacific. While cruising along the Mexican coast, fever pros
trated a large portion of the crew, Victor among the rest, who, having had
the dangerous African fever, was unfitted by it for duty, and resigned.
While at Manzanillo he made a survey of the lake extending from this port
toward the city of Colima, which becomes dry at some seasons and breeds
pestilence, with a view to cutting a canal to the sea and letting in the salt
water. Selim E. Woodworth of S. F. joined with him and several others in
forming a company for this work. An agent was employed to visit the city
of Mexico, and get the consent of the government to the scheme. Permission
was obtained, but the vessel being soon after brought to S. F. with a disabled
crew, and Victor's resignation following, put an end to the canal scheme, so
far as its projectors were concerned. The year following, 1864, Victor went
to Oregon and engaged in several enterprises, chiefly concerning coal and salt.
Like many others, they were premature. Mr Victor perished with the
foundering of the steamer Pacific, in November 1875, in company with about
300 others. His wife was Frances Fuller, whose writings are quoted in my
work.
Paper, of a coarse quality, was first made at Oregon City in 1S67, but the
building erected proved to be not adapted to the business, and was sold for a
flouring mill after running one year. Buck's Enterjrrises, MS., 4-5. The
originator of the enterprise, W. W. Buck, then built another mill, with capital
furnished by the publisher of the Oregonian, and was successful, manufacturing
printing and wrapping paper, which was all consumed in and about Portland.
ATash's Or., 225; Adams' Or., 31; HitteWs Resources, 636.
The production of turpentine was commenced at Portland in 1863, by T. A.
Wood. The factory was destroyed by fire in 1864, after which this article
was wholly imported, although the fir timber of Oregon afforded immense
quantities of the raw material, many old trees having deposits an inch or more
in thickness extending for twenty feet between layers of growth. But the
high price of labor on the Pacific coast at the period mentioned was adverse
to its manufacture, and the close of the civil war, allowing North Carolina
to resume trade with the other states, brought down the price below the cost
of production in Oregon.
Pottery began to be manufactured at Buena Vista about 1865, from clay
found at that place. For several years the business languished, the proprietor,
A. N. Smith, being unable to introduce his goods into general use. Subse
quently, however, the Buena Vista works employed over fifty men, and fur
nished all descriptions of stoneware, fire-brick, sewer-pipes, and garden-pota
FLAX AND LEATHER. 737
equal to the best. Resources Or. and Wash., 1881, 70-1. Soap, for all pur
poses, was long imported into Oregon, the first factory being established in
Portland in 1S62, by W. B. Mead. Or. An/us, June 7, 1862. In 180o R.
Irving commenced the manufacture of this article, and being joined by G.
A. Webb, the Oregon Standard Soap Company was formed, which turned out
fifteen varieties of soap, and was the second manufactory of this kind on
the Pacific coast. Review Board of Trade, 1877, 12; HittelVs Resources, 719.
Vinegar was made for market at Portland and Butteville, to the amount of four
hundred thousand gallons annually.
Fruit-drying was carried on at Oregon City and other points to a consider
able extent, but no reliable figures are to be found concerning tnis industry,
which is divided up among individual fruit-raisers. Patented movable
dryers were used, which could be set up in any orchard. Plums, prunes, pears,
and apples were the fruits commonly dried, and their excellence was unsur
passed, the fruit being fine, and the method of preserving leaving the flavor
unexhausted, and each separate slice clean and whole.
A flax-mill was established at Albany in 1877, which manufactured 5,000
pounds of linen twines and threads per month. The flax was grown in Linn
county, by tenant farmers, who worked on shares for one third of the crop at
twelve cents a pound for the fibre, and the market price for the seed. The
mill company, having two thirds of the crop for rental, only paid for one third
of the flax used, which left them a profit of about $9,000 a year in the fac
tory. The seed produced was worth $43 an acre. It had long been known that
flax was a native product of Oregon. It was discovered by experiment that
the cultivation of it was favored by the soil and climate. Linseed oil was first
manufactured at Salem. The company was incorporated in November 1866.
Their machinery, having a capacity for crushing 30,000 bushels of seed per
annum, was shipped around Cape Horn, and since 1867 the Pioneer Oil Mill haa
been running, its capacity being increased to 60,000 bushels. Brown's Salem
Direc., 1871, 1874; Gilfrtfs Or., MS., 86; U. S. Agric. Kept, 1872, 451. Toy
for upholstering was made at this establishment. The nure of Oregon flax is
very fine and strong, with a peculiar silkiness which makes it equal to the
best used in the manufacture of Irish linens.
The first tannery in Oregon, other than household ones, was that of Daniel
H. Lownsdale, on Tanner's Creek, just back of the original Portland land
claim. Here was made the leather, valued at §5,000, which purchased Petty-
grove's interest in the town. The manufacture of this article has not been
what the natural resources of the country warranted until recently. Small
tanneries existed at several places, including Portland, Salem, Eugene City,
Brownsville, Coquille City, Parkersburg, and Milwaukee. Leinenweber &
Co. of upper Astoria first connected the manufacture of leather -with the
making of boots and shoes.
was incorporated in 1878, A.
convict labor, and turned out 30,000 sidt
Resources, 495. Boots and shoes were made extensively by several firms.
Aikin, who began the manufacture in a small way at Portland, in 1859, was
later associated with Selling & Co., and had a profitable trade with Idaho
and Montana. The Oregon Boot, Shoe, and Leather Manufacturing Com
pany of Portland is the successor to Hibbard & Brazee who begun manu
facturing in 1873, and projected the new company in 1881, which employed
fifty workmen. The factory of B. Leinenweber £ Co. at Astoria cost $40,000,
employed 35 workmen, and manufactured $78,000 worth of goods annually.
Gloves of the coarser sort were made at two places in Portland, and one place
in Eugene City. Saddle and harness making was carried on in every town of
any importance, but only to supply the local demand. Wagons and carriages
were also manufactured to a limited extent. Brooms and brushes were made at
Portland. Malt liquors were produced at thirty-four different breweries in the
state, to the amount of 24,000 barrels per annum. Portland early enjoyed a
spice and coffee mill, candy factory, and various other minor industries.
Manufactures which are secondary to trade are slow iu development, the
HIST. OB., VOL. II. 47
738 MINES AND MINING.
country lacking population and excess of capital. But the requirements for
becoming a manufacturing state are present in abundance in water-power, tim
ber, minerals, and the means of rapid transportation, and out of the small
beginnings here referred to as proof of what our generation of men have ac
complished in the face of unusual obstacles, another generation of their
descendants will be able to evoke grand results.
MINES AND MINING.
I have not yet particularized the mineral resources of Oregon, except as to
iron mentioned incidentally along with manufactures. Gold, as a precious
metal, has exercised a great influence in the progress of the country. It
gave the people a currency which emancipatecl them from the thraldom of
wheat-raising and fur-hunting, by which alone any trade could be car
ried on previously. It improved their farms, built mills and steamboats,
chartered ships, and loaded them with goods necessary for their comfort. It
enlarged their mental and social horizon, and increased their self-respect. It
•was California gold which first revolutionized pioneer Oregon. But there
was gold in Oregon sufficient for her needs, had it been known. James D.
Dana, of Wilkes' exploring expedition, remarked upon the appearance of
southern Oregon, and its resemblance to other gold-bearing regions, as early
as 1841. Ten years later John Evans was appointed U. S. geologist to insti
tute researches on the main line of the public land surveys about to be com
menced in Oregon, and was, through the petitions of the Oregon legislature,
continued in the service for several years. Evans was thoroughly identified
with the study of Oregon geology. He was born in Portsmouth, N. H.,
Feb. 14, 1812; educated at Andover, studied medicine, and married a daugh
ter of Robert Miles of Charleston, S. C. He was appointed assistant to
David Dale Owen to prosecute some geological surveys in the west, and soon
after completing this work was sent to Oregon. He died of pneumonia at
Washington city, April 20, 1861. Silliman's Journal, xxxii. 311-18; Or.
Statesman, May 20, 1861. But aside from satisfying the government of the
value of its territories in a general way, these scientific surveys had little
bearing upon the actual development of mineral resources. Gold deposits
were always discovered by accident or the patient search of the practical
miner.
Following the discovery of the placer mines of Rogue River Valley in
1851 was the discovery of the beach mines in 1852, on the southern coast of
Oregon. Late in 1853 more than a thousand men were mining south of Coos
Bay. Then came other discoveries, and finally the current of gold-seeking
•was turned into eastern Oregon, not altogether ignoring the western slopes
of the Cascades, where mining districts were marked out, prospected, a pocket
or two of great richness found and exhausted, and the district abandoned.
These things have been spoken of as they occurred in the settlement of the
country.
The actual yield of the mines could not be determined. About Jackson
ville and on the head waters of the Illinois River they were very rich in spots.
While five dollars a day only rewarded the majority of miners, it was not
uncommon to find nuggets on the Illinois weighing forty-six, fifty-eight, or
seventy- three ounces. Sac. Union, April 23, July 28, and Sept. 10, 1858;
Dana's Great West, 284. The Jacksonville mines also yielded frequent lumps
of gold from six to ten ounces in weight. The introduction of hydraulics
in mining about 1857 redoubled the profits of mining. As much as $100,000
was taken from a single beach mine a few miles north of the Coquille River.
About the spring of 1859 quartz mines were discovered in Jackson county,
which yielded at the croppings and on top of the vein fabulous sums, but
which soon pinched out or was lost.
About 1857 a discovery was made of gold in the bed of the Santiam and
its branches in Marion county, but not in quantities to warrant mining,
although a limited extent of ground worked the following two years paid
QUARTZ MINES. 739
from four to six dollars a day. Or. Statesman, Aug. 11, 1857, Sept. 28, 1858;
Or. Argus, Aug. 20, 1859. In 1860 reputed silver quartz was found on both
the Santiam and Moballa rivers, and many claims were located. But it was
not until 1863 that undoubted quartz lodes were discovered in the Cascade
Mountains on the north fork of the Santiam. A camp called Quartzville was
established at a distance of about fifty miles from Salem and Albany in the
autumn of that year, and in the following season some of the leads were
slightly worked to show their character, and yielded twenty-one dollars to
the ton, a little more than half in silver. Portland Orecjonian, July 29, 1864.
The most noted of the veins in the Santiain district was the White Bull lode,
situated on Gold Mountain, where a majority of the leads were found. It was
eight feet wide and very rich. The Union company of Salem removed a
bowlder from one of their claims, under which they found first a bed of gravel
and earth several feet in depth, then bastard granite, and beneath that a
bluish gi'ay rock with silver in it. Beneath the latter was a layer of decom
posed quartz overlying the true gold-bearing quartz. Out of this mine some
remarkable specimens were taken. The hard white rock sparkled with points
of gold all over the surface. In some cavities where the quartz was rotten,
or at least disintegrated and yellowed, were what were called eagle's-nests;
namely, skeins of twisted gold fibres of great fineness and beauty attached to
and suspended from the sides of the opening, crossing each other like straws
in a nest, whence the name. This variety of gold, which is known as thread
gold, was also found in the mountains of Douglas county.
The Salem company took out about $20, 000 worth of these specimens, and
then proceeded to put up a quartz-mill. But the mine was soon exhausted,
and the treasure taken out went to pay the expenses incurred. This out
come of the most famous mine discouraged the further prosecution of so costly
an industry, and the Santiam district was soon known as a thing of the past.
It was the opinion of experts that the gold was only superficial, and that the
true veins were argentiferous. A company as late as 1877 was at work on the
Little North fork of the Santiam, which heads up near Mount Jefferson,
tunnelling for silver ore. At different places and times both gold and silver
have been found in Marion and Clackamas counties, but no regular mining has
ever been carried on, and the development of quartz-mining by an agricultual
community is hardly to be expected. Surveyor-general's rept, 1868, in Zabris-
lie, 1046-7, MS., Sec. Int. Rept, 1857, 321-6, 40th cong. 3d sess. ; Albany Regis
ter, July 28, 1871; Corvallis Gazette, Sept. 1, 1876. I have already spoken of
the discovery of the mines of eastern Oregon, and its effect upon the settle
ment and development of the country. No absolutely correct account has ever
been kept, or could be given, of the annual product of the Oregon mines, the
gold going out of the state in the hands of the private persons, and in all
directions. In 1864 the yield of southern and eastern Oregon together was
$1,900,000. The estimate for 1867 was $2,000,000; for 1869, $1,200,000; for
1887-8, over $1,280,000; and for 1881, $1,140,000. Review Board of Trade,
1877, 34; RlecVs Progress of Portland, 42; Pacific North-west, 32-3; HittelVn
Resources, 290. The annual yield of silver has been put down at $150,000,
this metal being produced from the quartz veins of Grant and Baker counties,
the only counties where quartz-mining may be said to have been earned on
successfully.
The Virtue mine near Baker City deserves special mention as the first
quartz mine developed in eastern Oregon, or the first successful quartz opera
tion in the state. It was discovered in 1863 by two men on their way to
Boise", who carried a bit of the rock to that place and left it at the office
of Mr Rockfellow, who at once saw the value of the quartz, and paid one
of the men to return and point out the place where it had been found. Upon
tracing up other fragments of the quartz, the ledge from Mrhich they came
was discovered and Rockfellow's name given to it. Walla Walla Statesman,
Sept. 5, 1863; Idaho Silver City Avalanche, Nov. 11, 1876; Portland Oregonian,
Sept. 16 and Oct. 7, 1863. The Pioneer mine and two other lodes were dis«
Covered at the same time. An arastra was at once put up, and the Rock-
740 MINES AND MINING.
fellow mine tested. The first specimens assayed by Tracy and King of Port
land showed $1,3CO in gold and $20 in silver to the ton. Id., May 17, 1864.
In the spring of 1864 Rockfellow took J. S. Ruckel of the O. S. N. Co. into
partnership, and two arastras were put at work on the ore from this mine.
A little village sprang up near by, of miners and artisans, dependent upon the
employment afforded by it. In July $1,250 was obtained out of 1,500 pounds
of rock. The gold was of unusual fineness, and worth $19.50 per ounce. LL,
July 21, 1864. A tunnel was run into the hill, intended to tap the several
ledges at a depth of 300 to 500 feet, and a mill was erected on Powder River,
seven miles from the mine, on the travelled road to Bois6. It had a capacity
of 20 stamps, but ran only 12. It began crushing in October, and shut down
in November, the trial being entirely satisfactory. In May 1865 it started
up again, crushing rock, the poorest of which yielded $30 to $40 to the ton,
and the best $10,000. Up to this time about $75,000 had been expended on
the mine and mill. A large but unknown quantity of gold was taken out of
the mine. Rockfellow & Ruckel sold out, and about 1871-2 a company, of
which Hill Beachy was one and James W. Virtue another, owned and worked
the mine. It took the name of the Virtue Gold Mining Company. In the
mean time Baker City grew up in the immediate vicinity of the mill, where
Virtue followed assaying and banking, dependent largely upon the mine, and
which became the county seat. In 1872 the new company erected a steam
mill with 20 stamps, and other buildings, and employed a much larger force,
extending tunnels and shafts. In 1876 a shaft was down 600 feet, connecting
with the various levels, and the vein had been worked along the line of the
lead 1,200 feet. The quartz is of a milky whiteness, hard, but not difficult
to crush. It yields from $20 to $25 per ton, with a cost of £5 for mining and
milling. All the expenses of improvements have been paid out of the pro
ceeds of the mine, which is making money for its owners. A foundery was es
tablished at Baker City in connection with the mine, which besides keeping
it in repair has plenty of custom-work.
The Emmet mine, 500 feet above the Virtue, had its rock crushed in the
Virtue mill, and yielded $22. 50 per ton. Baker City Bed Rock Democrat, Feb.
14, 1872; Silver City Avalanche, Jan. 8 and Nov. II, 1876.
Among the many veins of gold-bearing quartz discovered simultaneously
in the early part of 1860, that found by the Hicks brothers returned thirty
ounces of gold to a common mortarful of the rock. On the 13th of January
George Ish discovered a vein in an isolated butte lying twelve miles from
Jacksonville, in a bend of Rogue River, which yielded on the first tests twelve
dollars to every pound of rock. Two bowlders taken from the surface, weigh
ing forty and sixty pounds respectively, contained one pound of gold to every
five pounds of rock. No part of the rock near the surface contained less than
ten dollars to the pound, and from a portion of the quartz fifteen dollars to
the pound was obtained. The first four hundred pounds contained 404
ounces of gold. From a piece weighing four pounds, twelve and a half
ounces of gold were obtained; 800 pounds of rock produced 60 pounds -of
amalgam. John E. Ross, who had a claim on this butte called Gold Hill,
realized an average of $10 to the pound of rock. One piece weighing 14
pounds gave up 36 ounces of gold. Sat. Union, Feb. 16 and 27, 1860; North
ern Yreka Journal, Feb. 9, 1860; SisJciyou Comity Affairs, MS., 24. The
rock in the Ish vein was very hard and white, with fine veins of gold cours
ing through it, filling and wedging every crevice. It appeared to be a mine
of almost solid gold. Thomas Cavanaugh, one of the owners, refused $80,-
000 for a fifth interest. Ish and his partners went east to purchase machinery
to crush the quartz. In the mean time the casing rock was being crushed in
an arastra, and yielded $700 a week, while the miners were taking out quartz
preparatory to setting up the steam mill which had been purchased. When
less than 600 tons of quartz had been mined it was found that the vein was
detached, and to this day the main body of the ore has not been found.
The expenses incurred ruined the company, and Gold Hill was abandoned
after $130,000 had been taken out and expended. Surveyor -general's rept, in
GRAVEL-MINING. 741
Zcibriakfe, 1041. Nor was the Ish mine the only instance of rich quartz.
When veins began to be looked for they were found in all directions. A
mine on Jackson Creek yielded forty ounces of gold in one week, the rock
being pounded in a common mortar. In May a discovery was made on the
head of Applegate Creek which rivalled the Ish mine in richness, producing
97 ounces of gold from 22 pounds of rock. Ten tons of this quartz yielded
at the rate of $2,352 to the ton. Sac. Union, Aug. 30, 1860, and March 15,
1S61; Or. Statesman, March 18, 1861.
Notwithstanding that a number of these flattering discoveries were made,
quartz-mining never was carried on in Jackson county to any extent, owing
to the expense it involved, and the feeling of insecurity engendered by the
experiments of I860. In 1866 the Occidental Quartz Mill Company was or
ganized, and a mill with an engine of 24 horse-power was placed on the Daven
port lead on Jackson Creek. Arastras were generally used, by which means
much of the gold and all of the silver was lost. Within the last dozen years
several mills have been introduced in different parts of southern Oregon.
The placers have been worked continuously, first by Americans and after
wards by Chinamen, who, under certain taxes and restrictions, have been
permitted to occupy mining ground in all the gold districts of Oregon, al
though the constitution of the state forbids any of that race not residing in
Oregon at the time of its adoption to hold real estate or work a mining claim
therein. The first law enacted on this subject was in December 1860, when it
was declared that thereafter ' no Chinaman shall mine gold in this State un
less licensed to do so as provided,' etc. The tax was $2 per month, to be paid
every three months in advance, and to be collected by the county clerk of
each county where gold was mined on certain days of certain months. Any
Chinaman found mining without a license was liable to have any property be
longing to him sold at an hour's notice to satisfy the law. Ten per cent of
this tax went into the state treasury. If Chinamen engaged in any kind of
trade, even among themselves, they were liable to pay $50 per month, to be
collected in the same manner as their mining licenses. Or. Laws, 1869, 49-
52. The law was several times amended, but never to the advantage of the
Chinese, who were made to contribute to the revenues of the state in a liberal
manner.
The product of the mines of Jackson county from 1851 to 1866 has been
estimated at a million dollars anmialiy, which, from the evidence, is not an
over-estimate. Hint*' Or., 288; Gilfnfs Or., MS., 51-3.
The first to engage in deep gravel-mining was a company of English capi
talists, who built a ditch five miles long in Josephine county, on Galice Creek,
in 1875, and found it pay. A California company next made a ditch for
bringing water to the Althouse creek mines in the same county. The third
and longer ditch constructed was in Jackson, county, and belonged to D. P.
Thompson, A. P. Ankeny & Co., of Portland, and is considered the best min
ing property in the state. It conducted the water a distance of twenty- three
miles to the Sterling mines in the neighborhood of Jacksonville. Another
ditch, built in 1878, eleven miles long, was owned by Klipfel, Hannah & Co.,
Jacksonville, and by Bellinger, Thayer, Hawthorne, and Kelly of Portland.
It brought water from two small lakes in the Siskiyou Mountains to Applegate
Creek, and cost $30,000. Ashland Tidings, Sept. 27, 1878. The results were
entirely satisfactory. A company was formed by W. R. Willis, at Roseburg,
in 1878, with a capital of half a million for carrying on hydraulic mining on
the west bank of Applegate Creek. They purchased the water rights and
improvements of all the small miners, and took the water out of the creek
above them for their purposes. J. C. Tolman of Ashland in the same year
brought water from the mountains to the Cow Creek mines. The Chinamen
of Rogue River Valley also expended $25,000, about this time, in a ditch to
bring water to their mining ground, and with good results. Duncan's South
ern Or., MS., 10. Thus, instead of the wild excitement of a few years in
which luck entered largely into the miner's estimate of his coming fortune,
there grew up a permanent mining industry in Jackson county, requiring the
742 MINES AND MINING.
investment of capital and making sure returns. In a less degree the same
nay be said of Douglas county, and also of Coos when the hydraulic process is
applied to the old sea-beaches about four miles from the ocean, which are rich
and extensive.
It was not until 1866 that silver ledges received any attention in southern
Oregon. The first location was made one mile west of Willow Springs, in
Rogue River Valley, on the crest of a range of hills running parallel with the
Oregon and California road. This was called the Silver Mountain ledge, waa
eight feet in width at the croppings, and was one of three in the same vicinity.
Jacksonville Reporter, Jan. 13, 1866; Jacksonville Reveille, Jan. 11, 1866;
Portland Oregonian, Jan. 27, 1866. In the following year silver quartz was
discovered in the mountains east of Roseburg. Some of the mines located by
incorporated companies in Douglas county were the Monte Rico, Gray Eagle,
Excelsior, and Last Chance, these ledges being also gold-bearing. This group
of mines received the name of the Bohemia district. E. W. Gale and P.
Peters were among the first discoverers of quartz in Douglas county. Roseburg
Ensign, Sept. 14 and 21, 1867; Salem Willamette Farmer, July 9, 1870. On
Steamboat Creek, a branch of the Umpqua, James Johnson, a California miner,
discovered a gold mine in quartz which assayed from $500 to $1,000 to the
ton. Owing to its distance from the settlements and the difficulty of making
a trail, it was neglected. The Monte Rico silver mine, in the Bohemia dis
trict, yielded nearly two hundred dollars per ton of pure silver. In 1868 the
Seymour City and Oakland mines were located, all being branches of the same
great vein. John A. Veatch describes the Bohemia district as pertaining as
much to Lane as Douglas county, and lying on both sides of the ridge sepa
rating the waters of the Umpqua and Willamette. He called it a gold-bearing
district, with a little silver in connection with lead and antimony. Specimens
of copper were also found in the district. Id., July 12, 1869. John M. Foley,
in the Roseburg Ensign of August 29, 1868, describes the Bohemia district as
resembling in its general features the silver-bearing districts of Nevada and
Idaho. There is no doubt that gold and silver will at some period of the fu
ture be reckoned among the chief resources of Douglas county, but the rough
and densely timbered mountains in which lie the quartz veins present obsta
cles so serious, that until the population is much increased, and until it is less
easy to create wealth in other pursuits, the mineral riches of this part of the
country will remain undeveloped.
The other metals which have been mined, experimentally at least, in
southern Oregon, are copper and cinnabar. Copper was discovered in Jose
phine county on the Illinois River in 1856, near where a vein called Fall
Creek was opened and worked in 1863. The first indications of a true vein of
copper ore were found in 1859, by a miner named Hawes, on a hill two miles
west of Waldo, in the immediate vicinity of the famous Queen of Bronze
mine, and led to the discovery of the latter. The Queen of Bronze was pur
chased by De Hierry of San Rafael, California, who expended considerable
money in attempts to reduce the ore, which he was unable to do profitably.
The Fall Creek mine was also a failure financially. Its owners — Crandall,
Moore, Jordan, Chiles, and others — made a trail through the mountains to
the coast near the mouth of Chetcoe River, a distance of forty miles, where
there was an anchorage, superior to that of Crescent City, from which to ship
their ore, but the expenditure was a loss. In this mine, as well as in the
Queen of Bronze, the ore became too tough with pure metal to be mined by
any means known to the owners.
The first knowledge of cinnabar in the country was in 1860, when R. S.
Jewett of Jackson county, on showing a red rock in his mineral collection to
a traveller, was told that it was cinnabar. The Indians from whom he had
obtained it could not be induced to reveal the locality, so that it was not until
fifteen years later that a deposit of the ore was found in Douglas county, six
miles east of Oakland. The reason given for concealing the location of the
cinnabar mine was that the Indians had, by accident, and by burning a large
fire on the rock, salivated themselves and their horses, after which they had
COAL-FIELDS. 743
a superstitious fear of it. Rogue River John, on seeing Jewett throw a piece
of the rock upon the lire, left his house, and could not be induced to return.
Portland West Shore, Nov. 1878, 73. The owners erected a furnace capable
of retorting six hundred pounds per day to test the mine, and obtained an
average of forty dollars' worth of quicksilver from this amount of ore. The
mine was then purchased by the New Idria company, which put up two fur
naces, capable of retorting three tons daily. The assay of the ore yielded
from sixty to eighty pounds of pure quicksilver per ton. Fuel being plenty
and cheap made this a profitable yield. The mine was owned entirely in Ore
gon. The officers were A. L. Todd president, A. C. Todd secretary, J. P.
Gill treasurer, J. W. Jackson superintendent, T. S. Rodabaugh agent. Gill,
Ilodabaugh, and Jackson composed the board of directors. The cost of open
ing up the Nonpareil mine was $40,000. Roseburg Plaiudeakr, Sept. 20, 1879.
Partial discoveries of tin have been made in Douglas county, but no mine has
yet been found. Among the known mineral productions of the southern
counties are marble, salt, limestone, platina, borax, and coal. The latter
mineral was discovered about the same time near the Columbia and at Coos
Bay.
The first coal discoveries at Coos Bay were made in 1853 near Empire City
and North Bend. The first to be worked was the Marple and Foley mine,
about one mile from the bay, which was opened in 1854. It was tried on the
steamer Crescent City in May of that year, and also in S. F., and pronounced
good. S. F. Alta, May 6, 12, 1854. The first cargo taken out was carried in
wagons to the bay, and transferred to flat-boats, which conveyed it to Empire,
where it was placed on board the Chanseij for S. F. The vessel was lost on
the bar in going out, but soon after another cargo was shipped, which reached
its destination, where it was sold at a good profit. This mine was abandoned
on further exploration, the next opened being at Newport and Eastport, in
1858. James Aiken discovered these veins. The Eastport mine was opened
by Northrup and Symonds, and the Newport mine by Rogers and Flannagan.
The early operations in coal at Coos Bay were expensive, owing to the crudi
ties of the means employed. The Eastport mine \vas sold in 1868 to Charles
and John Pershbaker, and subsequently to another company. According to
the S. F. Times of March 6, 18(39, the purchasing company were J. L. Pool,
Howard, Levi Stevens, I. W. Raymond, J. S. Dean, Oliver EMridge, Claus
Spreckels, and W. H. Sharp. Rogers sold his interest in the Newport mine
to S. S. Mann. These two mines have been steadily worked for sixteen years,
and are now in a better condition than ever before. Several others have
been opened, with varying success, the Southport mine, opened in 1875, being
the only successful rival to Newport and Eastport.
The coal-fields at Coos Bay appear to extend from near the bay to a dis
tance of five miles or more inland, through a range of hills cropping out in
gulches or ravines running toward the bay, and 011 the opposite side of the
ridge. The strata lie in horizontal planes, having in some places a slight in
clination, but generally level, and have a thickness of from eight to ten feet.
They are easily reached by from three to five miles of road, which brings
them to navigable water. The same body of coal underlies the spurs of the
Coast Range for hundreds of miles. It has been discovered in almost every,
county on the west side of the Willamette, and along the coast at Port Orforcl, .
Yaquina and Tillamook bays, on the Nehalem River, and in the highlands of
the Columbia. A large body of it exists within from one to seven miles of .the
river in Columbia county. Discoveries of coal have also been made in eastern
Oregon, near Canon City, and on Snake River, three miles from Farewell
bend. Roseburg Independent, Nov. 1, 1879; Oregon Facts, 15-16; Corvallis
Gazette, April 13, 1867; Portland West Shore, Feb. 1876, and Jan. and March
1877; S. F. Mining and Scientific Press, Dec. 14, 1872; Gale's Resources of Coos
County, 45-56; Browne's Resources, 237; Resources of Southern Or., 10-12.
With regard to the quality of the coals in Oregon, they were at first classed
by geologists with the brown lignites. 'This name,' says the Astorian of
Aug. 29, 1879, ' is an unfortunate one, as it is now proved that the coals called
744 IMPORTS AND EXPORTS.
lignites are not formed of wood to any greater extent than are the coals of the
carboniferous period. It gives the impression of an inferior coal, which in the
main is a mistaken idea, for coals of every quality, and fit for all uses, can be
found in the so-called lignites of the Pacific coast.' An analysis of Coos Bay
coal, made in 1877, gave water 9.87, sulphur 3.73, ash 10.80, coke 50.00, vola
tile gases 26.40. S. F. Call, June 23, 1867. Another analysis by Evans gave
carbon in coke 60.30, volatile gases 25.50, moisture 9.00, ash 4.70; specific
gravity 1.384. Or. Statesman, Aug. 18, 1857. It varies in appearance and
character in different localities. At Coos Bay it is described as a clean, black
coal, of lustrous chonchoidal fracture, free from iron pyrites, with no trace of
sulphur, burning without any disagreeable odor and comparatively little ash.
It cakes somewhat in burning and gives off considerable gas. This descrip
tion applies equally well to the coal on the Columbia River, where it is has
been tested, and to the mines on Puget Sound. In certain localities it is
harder and heavier, and the same mine in different veins may contain two or
more varieties. Later scientists speak of them as brown coals, and admit
that they are of more remote origin, and have been subjected to greater heat
and pressure than the lignites, but say that they occupy an intermediate
position between them and the true coals. U. S. Jf. Ex. Doc., x. 206, 42d
cong. 2d sess. It would be more intelligent to admit that nature may produce
a true coal different from those in England, Pennsylvania, or Australia.
The cost of producing coals at Coos Bay is one dollar a ton, and fifteen
cents for transportation to deep water. Transportation to S. F. is two dol
lars a ton in the companies' own steamers of seven and eight hundred tons.
In 1856 it was $13 per ton, and coal $40. The price varies with the market.
Relatively, Coos Bay coal holds its own with the others in market. The
prices for 1873 were as follows: Sidney, $17; Naniamo (V. I.), $10; Bellingham
Bay, $15; Seattle, $16; Rocky Mountain, $16; Coos Bay, $15; Monte Diablo
(Cal.), $12. S. F. Bulletin, Jan. 14, 1873. Prices have been lowered several
dollars by competition with Puget Sound mines. The value of the coals
exported from Coos Bay in 1876-7 was $317,475; in 1877-8 it was $218,410;
and in 1878-9 it was $150,255. This falling-off was owing to competition
with other coals, foreign and domestic, and the ruling of lower prices for
fuel. Still, as the cost of Coos Bay coals laid down in S. F. is less than four
dollars, there is a good margin of profit.
IMPORTS AND EXPORTS,
I will now give-a few statistics concerning imports and exports. In 1857
Oregon had 60,000 inhabitants, and shipped 60,000 barrels of flour, 3,000,000
pounds of bacon and pork, 250,000 pounds of butter, 25,000 bushels of
apples, $40,000 worth of chickens and eggs, $200,000 worth of lumber, $75,-
000 worth of fruit-trees, $20,000 worth of garden-stuff", and 52,000 head of
cattle, the total value of which was $3,200,000. The foreign trade, if any,
was very small. In 1861 the trade with California amounted to less than
two millions, which can only be accounted for by the greater home consump
tion caused by mining immigration, and the lessened production consequent
upon mining excitement. This year the imports from foreign countries
amounted only to $1,300, and the exports to about $77,000. During the
next decade the imports had reached about $700,000, and the exports over
$800,000. In 1881 the imports were a little more than $859,000, and the
direct exports $9,828,905, exclusive of the salmon export, which amounted to
$2,750,000, and the coastwise trade, which was something over six millions,
making an aggregate of more than eighteen and a half millions for 1881. or
an increase of almost a million annually for the twenty years following 1860.
Jteid's Progress of Portland, 42; Hitteil's Resources Pacific North-went, 57-8;
Smalle;/' s Hint. N. P. ft. If., 374. The increase, however, was gradual until
1874, when the exports suddenly jumped from less than $700,000 to nearly a
million and a half, after which they advanced rapidly, nearly doubling in
1881 the value of 1880.
COMMERCE.
745
The imports to Oregon have consisted of liquors, glass, railway iron, tin,
and a few minor articles which come from England; coal comes from Aus
tralia as ballast of wheat vessels; general merchandise from China; rice,
sugar, and molasses from the Hawaiian Islands; and wool, ore, and hides from
British Columbia. The exports from Oregon consist of wheat, oats, flour,
lumber, coal, wool, salmon, canned meats, gold, silver, iron, live-stock, hops,
potatoes, hides, fruit, green and dried, and to some extent the products of
the dairy. A comparative statement of the principal exports is given for the
year ending August 1878, in Reid's Progress of Portland, a pamphlet pub
lished in 1879 by the secretary of the Portland board of trade.
1877-8. 1876-7.
Salmon to S. F., in cases, value $980,956 $1,750,350
Wheat, flour, oats, hops, potatoes, lumber, hides,
pickled salmon, treasure, and all domestic prod
ucts from the Columbia to S. F., except wool
and coal 3,765,687 2,332,000
Wool exports via San Francisco 998,305 756,000
Coal from Coos Bay 21«,410 317,475
Lumber from Coos Bay and the coast 151,234 173,367
Total to San Francisco $6,124,492 $5,329,192
Wheat and flour direct to the United Kingdom,
value 4,872,027 3,552,000
Canned salmon direct to Great Britain, value 1,326,056 737,830
Beef and mutton, canned and imcanned, value 133,895 365,733
Wheat, flour, and other products to the Sandwich
Islands and elsewhere, value 637,636 386,600
Gold and silver from Oregon mines, value 1,280,867 1,200,030
Cattle to the eastern states, etc ... , 270,000
$14,644,973 $11,571,355
Increase in one year. 3,073,618
The number of vessels clearing at the custom-house of Portland and Astoria
for 1880 was 141, aggregating 213,143 tons measurement; 93 of these vessels
were in the coastwise trade, the remaining 48, measuring 40,600 tons, were
employed in the foreign trade. In 1881 the clearances for foreign ports from
Portland alone were 140, measuring 130.000 ton5!, and the clearances for
domestic ports, including steamships, were not less than 100, making an
increase in the number of sea-going vessels of ninety-nine.
CHAPTER XXIV.
LATER EVENTS.
1887-1888
RECENT DEVELOPMENTS IN RAILWAYS— PROGRESS OF PORTLAND— ARCHITEC
TURE AND ORGANIZATIONS — EAST PORTLAND — IRON WORKS — VALUE OP
PROPERTY — MINING -CONGRESSIONAL APPROPRIATIONS — NEW COUNTIES
— SALMON FISHERIES —LUMBER — POLITICAL AFFAIRS — PUBLIC LANDS —
LEGISLATURE— ELECTION.
TAKING a later general view of progress, I find that
the multiplication of railroad enterprises had become
in 1887-8 a striking feature of Oregon's unfolding.
In this sudden development, the Northern Pacific had
taken the initiative, causing the construction of the
lines of the Oregon Railway and Navigation Com
pany, the formation of the Oregon and Transconti
nental and other companies, and finally the control
for a time of the Northern Pacific by the Oregon
interest.1 That these operations miscarried to some
extent was the natural sequence of overstrained
effort. The city of Portland, and to a considerable
extent, the state, suffered by the neglect of the
Northern Pacific Terminal Company to construct a
ll have already referred to the O. R. & N. co.'s origin and management
in 1879-83, but reference to the methods employed by Villard will not be
out of place here. He gained an introduction to Oregon through being the
financial agent of the German bond-holders of the Or. and Cal. R. R., and a
year afterward was made president of this road and the Oregon Steamship
co., of which Holladay had been president, through the action of the bond-
holders in dispossessing Holladay in 1875. In 1872 a controlling interest in
the Oregon Steam Navigation co. , on the Columbia river, had been sold to
the Northern Pacific R. R. co., and was largely hypothecated for loans, or
on the failure of Jay Cooke & Co., divided among the creditors as assets.
This stock was gathered up in 1879 wherever it could be obtained, at a price
much below its real value.
(746)
RAILROADS. 747
bridge over the Willamette river, and erect depot
buildings on the west side.2 These drawbacks to the
perfection of railroad service were removed, so far
as a bridge is concerned, in June 1888, when the
Oregon Railway and Navigation Company completed
one, which was followed soon after by the erection of
the present union dep6t.
In the meantime two important changes took place
in the railway system of the state. Negotiations
had been for three years pending for the purchase of
the bankrupt Oregon and California railroad, which
were renewed in January 1887. The terms of the
proposed agreement were, in effect, that the first
mortgage bond-holders * should be paid at the rate of
110 for their new forty -years' gold five per cent bonds,
guaranteed principal and interest, by the Southern
Pacific Railroad Company of California, together
with four pounds in cash for each old bond; the new
bonds to be issued at the rate of $30,000 per mile,
and secured by a new mortgage, equivalent in point
of lien and priority to the first mortgage, and bearing
interest from July 1, 1886. Preferred stockholders
would receive one share of Central Pacific, together
with four shillings sterling for each preferred share,
and common stockholders one share of Central
Pacific and three shillings for every four common
shares. The transfer actually took place on the first
of May, 1887, and the road was completed to a
junction at the town of Ashland on the 17th of De
cember of that year. This sale gave the California
system the control of the trunk line to the Columbia
river, and gave encouragement to the long contem
plated design of its managers to extend branch lines
eastward into Idaho and beyond. The Southern
Pacific Company also purchased the Oregon railway
2 The obstructing influence in the bridge matter was the N. P. co., whose
consent was obtained only after the return to power of Villard.
3 Suits of foreclosure had been entered in the U. S. circuit court at Port
land, Deady, judge, which were dismissed June 4, 1888, on petition of the
S. P. co,
748 LATER EVENTS.
in 1887, which had been sold in 1880 to William
Reid of Portland.
At the same time the Union Pacific, having modi
fied its views since the period when it was offered an
interest in the Oregon Railroad and Navigation Com
pany, desired to secure a perpetual lease of this prop
erty. To this proposition the Oregon people were
largely friendly, because it would change the status
of the road from a merely local line to a link in a
through line to Omaha, the other link being the
Oregon Short Line railroad, a Wyoming corporation,
but controlled by the Union Pacific. The lease was
signed January 1, 1887, and was made to the Oregon
Short Line, the rental being guaranteed by the
Union Pacific at five per centum of the earnings of
the demised premises.4
Seeing in this arrangement a future railroad war in
which the Northern Pacific and Union Pacific would
be, if not equal, at least coincident sufferers, Villard,
who had regained his standing in the company by
coming to its relief with funds to construct the costly
Cascades division, desired to make the lease a joint
one, by which means the threatened competition
should be avoided. But competition was not unde
sirable to the people, who had more cause to fear
pooling. Besides, it was but natural that the North
ern should wish to occupy all the country north of
Snake river with its own feeders, and to confine the
Oregon road to the country south of it. But the
wheat region of eastern Washington, and the rich
mineral region of northern Idaho, were the fields into
which Oregon wished to extend its business. These
points being brought forward in the discussion of the
4 It was necessary to pass a special act giving authority to the 0. R. & N.
to make the lease. The legislature after much argument passed it; it waa
not signed by Gov. Pennoyer, but became a law without his signature. Ac
cording to the corporation laws of Oregon, the lease of any railway to a
parallel or competing line is prohibited. But a good deal of the opposition
to the lease came from the Oregon Pacific, or Yaquina, R. R., which desired
as much territory as it could by any means secure in eastern Oregon, and
feared so strong a competitor as the U, P. R. R,
GENERAL DEVELOPMENT. 749
propesed joint lease, it was endeavored to smooth the
way to an agreement by conceding to the Oregon line
the carrying trade arising over a portion of the North
ern feeders.5
The agreement gave the right and power, after
July 1, 1888, for ninety-nine years, to the Oregon
Short Line and Northern Pacific companies jointly
to manage, operate, and control the Oregon Railroad
and Navigation Company's railroad; to fix rates of
transportation, to dispose of the revenues equally be
tween them, and to pay equally the rental agreed
upon in the original lease. It being apparent to the
enemies of this arrangement that the majority of the
directors of the Oregon company would be persuaded
to sign the lease, a temporary injunction was applied
for in the state circuit court by Van B. De Lashmutt,
mayor of Portland, which injunction was granted
March 1888, upon the ground of violation of Oregon
law. It was subsequently dissolved, and the lease
went into effect in July of that year. None of the
parties to the agreement pretended that it would
stand a legal test, but knew that it was liable to be
abrogated at any time when circumstances should
make it repugnant to either of the joint lessees.6
The Oregon Pacific, a name given to the Corvallis
and Yaquina Bay railroad, subsequent to the incep
tion, was completed to Albany in 1886, where a bridge
over the Willamette was formally opened on the 6th
of January, 1887.7 It was, and still is, making its
5 That is on the existing or future feeders of the N. P. between Pend
d'Oreille lake an I Snake river, and option was allowed to use either route to
tide-water — via Portland or Tacoma; but unless specially consigned other
wise, this traffic should take the Oregon route.
6 It is not clear to me what was Villard's motive for wishing to join in the
U. P. 's lease. The motive of that company, which the Central Pacific had
kept out of California, in desiring to come to the Pacific coast is easy to com
prehend. The O. R. & N. erred, in my judgment, in yielding the control of
the best railroad property on the northwest coast to a company with the
standing of the U. P. The Southern Pacific will show its hand in competition
soon or late, and will build more feeders than the U. P., while the N. P., on
the other side, will make the most of its reserved rights, thus narrowing
down the territory of the leased road.
7 The first freight train to enter Albany was on Jan. 13, 1887.
750 LATER EVENTS.
way eastward from that town, through a pass at the
head waters of the Santiam river. From the summit,
which is 4,377 feet above sea level, the descent was
easy and from Des Chutes river the route laid out
passed through a farming country equal in produc
tiveness to the famous wheat-growing basin of the
Columbia in Washington, taking in the Harney and
Malheur valleys, running through a pass in the moun
tains to Snake river and thence to Boise, there to
connect with eastern roads. The road at Yaquina
connects with the Oregon Development Company's
line of stoamers to San Francisco. The last spike
was driven January 28, 1887, on a railroad from Pen-
dleton in eastern Oregon to the Walla Walla, and
other extensions of the Oregon Railway and Naviga
tion Company's lines speedily followed. .
The Portland and Willamette valley railroad is an
extension of the narrow guage system of the western
counties before described. It was carried into Port
land along the west bank of the Willamette, in the
autumn of 1887, and affords easy and rapid transit to
the suburban residences within a few miles of the city
by frequent local as well as through trains.8
Portland improved rapidly between 1880 and 1888.
It left off its plain pioneer ways, or all that was left
of them, and projected various public and private
embellishments to the city. It erected two theatres,
and a pavilion in which were held industrial exhibi
tions. A beautiful medical college was a triumph of
O J.
architecture. The school board, inspired by the dona
tion of $60,000 to the school fund by Mr Henry
Villard, indulged in the extravagance of the most
elegant and costly high-school building on the Pacific
coast, and several new churches were erected. Citi
zens vied with each other in adopting tasteful designs
8 Twenty passenger trains arrived and departed daily, exclusive of sub
urban trains. Six lines had their terminus there. Over 30 freight trains
arrived and departed — a great change from the times of 1883.
NOTABLE ENTERPRISES. 751
for their residences ; parks and streets were im
proved ; street-car lines added to the convenience of
locomotion ; business blocks arose that rivalled in
stability those of older commercial cities; and
wharves extended farther and farther along the river
front.
In May 1887 articles of incorporation were filed by
a number of real estate brokers, who formed a Real
Estate Exchange. The object9 of the corporation, as
expressed, was laudable, and their number promised
success, and the erection of a handsome Exchange
building. The military companies built themselves
an armory on an imposing design, and the Young
Men's Christian Association followed with a structure
of great merit, while a building known by the name
of the Portland Library, and destined to be occupied
• The incorporators were Ellis G. Hughes, W. F. Creitz, T. Patterson, J.
P. 0. Lownsdale, L. M. Parrish, and L. D. Brown. The avowed object of
the Real Estate Exchange is to secure a responsible medium of exchange of
equal benefit to buyer and seller, to equalize commissions, to foster the
growth of the state, encourage manufactures, and invite capital and immi
gration. The list of stock-holders is as follows: L. F. Grover, Ellis G.
Hughes, A. W. Oliver, Eugene D. White, E. J. Haight, Frank E. Hart. John
Kiernan, Geo. Marshall, A. B. Manley, Robert Bell, J. W. Cook/Philo
Holbrook, M. B. Rankin, H. C. Smithson, A. E. Borthwick, L. M. Cox, Geo.
Woodward, John Angel, H. D. Graden, J. F. Buchanan, Fred. K. Arnold,
E. W. Cornell, L. M. Parrish, Geo. E. Watkins, H. B. Oatman, R. B. Curry,
J. L. Atkinson, D. W. Wakefield, A. W. Lambert, W. F. Crietz, T. Patter
son, W. A. Daly, T. A. Daly, J. Fred. Clarke, Geo. Knight, Geo. P. Lent,
A. J. Young, Van B. De Lashmutt, B. F. Clayton, J. P. O. Lownsdale, P.
W. Gillette, David Goodsell, H. D. Chapman, Ward S. Stevens, J. W. Ogil-
bee, C. M. Wiberg, S. B. Riggen, R. H. Thompson, Geo. L. Story, Wm M.
Killingworth, W. K. Smith, S. M. Barr, E. E. Lang, L. D. Brown, James
E. Davis, Ed. Croft, Benj. I. Cohen, J. W. Kern, J. G. Warner, E. M. Sar
gent, Sherman D. Brown, W. L. Wallace, E. Oldendorff, John M. Cress,
Mert E. Dimmick, D. H. Stearns, W. G. Telfer, Edward G. Harvey, L. L,
Hawkins, D. P. Thompson, Frank Dekum, Dudley Evans, E. D. McKee,
James Steel, T. A. Davis, A. H. Johnson, John McCracken, Donald Macleay,
Ed. S. Kearney, C. A. Dolph, J. N Dolph, Henry Failing, N. L. Pittock, R.
M. Demeal, A. L. Maxwell, Preston C. Smith, C. J. McDougal, James K.
Kelly, John H. Mitchell, W. A. Jones, C. W. Roby, Wm P. Lord, A. N.
Hamilton, J. A. Strowbridge, John Gates — 95 members. Two are U. S.
senators, two ex U. S. senators, 12 are capitalists and bankers, one judge of
the sup. ct, one mayor of Portland, one postmaster of Portland, 2 newspaper
men, one a major in the U. S. army, 4 attorney s-at-law, 8 merchants, one
manager of Wells, Fargo & Co.'s express, one R. R. agent, and the remain
der brokers and real estate dealers, 40 of whom are the holders of seats in
the exchange. Rooms have been taken for the present at the corner of Stark
and Second sts. The admission fee was at first $50, but was soon increased
to $100. No more than 100 seats will be sold, and the quarterly dues are
fixed at $15.
752 LATER EVENTS.
by that institution, was built by subscriptions obtained
chiefly by its first president, Judge Deady. An im
mense hotel, costing nearly a million dllars, and an
art glass manufactory were added in 1888.
East Portland shared in the prosperity of the greater
city, and having a larger extent of level land for
town-site purposes, offered better facilities for building
cheap homes for the working classes. The Portland
Reduction works was located there, and opened in the
spring of 1887, for smelting ores from the mines of
Oregon and Idaho. Street cars were introduced here
in 1888, connecting with West Portland by means of
a track laid on a bridge over the Willamette at Mor
rison street, and with Albina by another bridge across
the ravine which separates them. The extensive ware
houses and other improvements of the Northern Pa
cific railroad were at Albina, which thus became the
actual terminus of that road, and of all the transcon
tinental roads coming to Portland. A railroad across
the plains northeast of East Portland carried passen
gers to the Columbia, opposite Vancouver, and brought
that charming locality into close neighborhood to
Portland.
At Oswego, a few miles south of Portland, the
Oregon Iron Company's works, which in 1883 were
closed on account of the low price of iron, and the
incapacity of the furnaces to be profitably operated,
were reopened in 1888 by the Iron and Steel Works
Company,11 employing over three hundred men. The
10 Albina, as I have otherwheres shown, was founded by Edward Russell,
but the property was sold in 1879 to J. B. Montgomery before the N. P.R.R.
co. selected the site for its terminal works. This gave it importance, as the
machine shops of the Terminal co., N. P., the O. R. & N., and the O. & C.
cos were located there, to which are now added those of the S. P. R. R.,
making in all quite a village of substantial brick buildings with roofs of
slate in the railroad yards. Montgomery dock has an area of 200x500 feet,
and has ha I as much as 600,000 bushels of wheat stored in it at one time.
In 1887 42,000 tons were shipped through it. The Columbia River Lumber
and Manufacturing co. keeps an extensive lumber yard at Albina. The
owners are J B. Montgomery and Wm M. Colwell. All these large enter
prises, together with the iron works, employ many laborers, wwho find pleasant
homes in Albina.
11 S. G. Reed, Wm M. Ladd, F. C. Smith, C. E. Smith, J. F. Watson, the Or.
Transcontinental co., and some eastern capitalists constituted the company.
SUBSTANTIAL IMPROVEMENTS. 753
water power at Oregon City, which ever since 1841
had been a source of discord, and had constituted at
times an inj urious monopoly, had finally come into the
hands of a syndicate of Portland and Oregon City
men, who designed to make the latter place what
nature intended it to be — the great manufacturing
centre of the state.12
The estimated value of property in Multnomah
county at the close of 1887 was $27,123,780, and the
value of transfers for that year about $6,000,000.
The immigation to the state numbered nearly fifty
thousand, and the importation of cash was estimated
at $19,221,000. All parts of the state partook of the
new growth. Salem had received the splendid state
asylum for the insane, and the schools for the blind
and the deaf and dumb, a manufactory of agricultural
machinery, and other substantial improvements, be
sides a woman's college, and a public school building
in East Salem costing $40,000.
The county-seat of Yamhill county had been re
moved to the flourishing town of McMinnville. Cor-
vallis, Albany, Eugene, and the towns in southern
Oregon, of which Ashland was in the lead, ail throve
excellently.
12 The O. R. & N. co. held formerly all but a few shares of the Willamette
Transportation and Locks co. 's stock, which latter company owned the
locks, canal, basin, and warehouse on the east side of the falls, with all the
water-power of the falls, and the land adjoining on both sides. An Oregon
City co. owned 750 shares of the land on the west side, including that not
owned by the W. T. & L. co. The new organization owns all of the land,
property, stocks, and water-power, purchasing the 0. R. & N. co.'s shares
and all its interest. It proposes to give the necessary land on the west side
free, with water-power for 10 years rent free, to any persons who will build
and operate manufactures. It is also proposed to construct a suspension
toll-bridge across the Willamette, provided the proper authorities do not
build a free bridge, as they may do. The 0. R. & N. would not sell any
part of its holding without selling all, therefore the new company were forced
to purchase the locks, which gave them additional facilities for the use of
the water-power. The state has, however, by law the right and option to
buy the locks on the 1st of January, 1893, at their then value, and it is feared
that this may delay the use of the power until this option is disposed of by
legislation. The land and power were pooled on equal terms without refer
ence to value, and the locks were estimated at $400,000. This is paid by a
mortgage on the whole property running 12 years, bearing interest for 5
years at 4 per cent, and for the next 7 years at 5 per cent. The pres't of the
co, is E. L. Eastham of Oregon City,
HIST. OR., VOL. n. 48
754 LATER EVENTS.
Mining also had a strong revival in the southern
and eastern counties, while new discoveries and re
discoveries were made in the Cascade range in Marion
and Clackamas counties. No mining furore is likely
ever to take place again in this state, if anywhere in
the northwest. Placers such as drew thousands to
Rogue river in 1851, and to John Day river in 1862,
will probably never again be discovered. The hy
draulic gravel mines of Jackson and Josephine coun
ties have proved valuable properties, and a few
quartz mines on the eastern border of the state have
returned good profits. The reduction works at East
Portland were erected to reduce the ores of the
Coeurd' Alene silver district chiefly.13 Much Oregon
capital had become interested in Coeur d' Alene, and
also in the recently discovered mines of Salmon river in
eastern Washington, which were found upon the Chief
Moses' reservation, which is in the Okanagan country
of the npper Columbia, once hastily prospected by
miners in the Colville mining excitement, but only
known to contain quartz mines since 1887. The total
gold prodnct of Oregon in 1887 was over half a
million, and of silver about $25,000.
Although there is no lack of building stone in
Oregon, if county statistics may be believed,14 the
13 The Coeur d' Alene furnishes galena-silver ores. The Sierra Nevada
mine, yielding ore consisting of galena and carbonates, is said to average
$94.79 in lead and silver. A block of galena weighing 760 pounds assayed
69 per cent lead, and $110 in silver per ton. Some of the specimens are of
rare beauty, the silver being in the form of wire intermingled with crystals
of carbonate, arranged upon a back ground of a dark metallic oxide, and
appearing like jewels in a velvet lined case. Some of the prominent mines
are the Bunker Hill, Sullivan, the Tyler, the Ore-or-no-go, and the Tiger.
14 The mineral resources of the several counties are: Baker: gold in quartz
and placers, silver in lodes, copper, coal, nickel ore, cinnabar, building
stone, limestone and marble. Ben ton: coal, building stone, gold in beach
sand, iron. Clackamas: iron ore and ochres, gold in quartz, copper, galena,
coal, building stone. Clatsop: coal, potter's clay, iron ore, jet. Columbia:
iron ore, coal, manganese ore, salt springs. Coos: coal, gold in beach sand,
streams, and quartz, platinum, iridosmine, brick clay, chrome iron, magnetic
sands. Crook: gold in placers. Curry: iron ore, gold in river beds and
beach sands, platinum, iridosmine, chrome iron, borate of lime, build
ing stone, silver and gold (doubtful). Douglas: gold in lodes and placers,
nickel ores, quicksilver, copper, native and in ore, coal, salt springs, chrome
iron, platinum, iridosmine, natural cement, building stone. Gilliam: coal.
Grant: gold in lodes and placers, silver in lodes, coal, iron, Jackson: gold
GOVERNMENT IMPROVEMENTS. 755
fact remains that but one quarry is known to produce
good building material, and that one is at East Port
land, from which was taken the stone used in erecting
the lighthouse at Tillamook. The difficulty of obtain
ing suitable material for the jetty being constructed
at the mouth of the Columbia has delayed the work,
and occasioned loss to contractors. As much as
$20,000 was expended in exploring for good rock for
this purpose in vain, a limited supply being found at
one place only on the river. Yet there is known to
be an abundance of good stone in the mountains of
Lewis and Clarke river, near the mouth of the
Columbia; but a railroad of fifteen miles is required
to bring it to the coast, and $150,000 will have to be
expended out of the appropriation for the work of
improving the mouth of the Columbia.
The plan of this work is to construct a low-tide
jetty from near Fort Stevens, four and a half miles
in a slightly convex course to a point three miles
south of Cape Disappointment. It is intended both
as a protection to Fort Stevens, and as the means of
securing deep water in tte channel. The cost is com
puted at $3,710,000, and of this only $287,500 had
been appropriated in 1887. The work was begun
under the appropriation act of July 5, 1884. So far
as it has progressed its effect on the entrance to the
river has proven satisfactory. The lack of depth in
the channel, which it is the intention to keep at thirty
feet, prevents American vessels with deep bottoms
from entering the river, while the light-draught
British iron-bottomed vessels secure the trade.
in lodes and placers, quicksilver, iron, graphite, mineral waters, coal, lime
stone, infusorial earth, building stone. Josephine: gold in lodes and placers,
copper ores, limestone and marble. Klamath: mineral waters. Lake:
mineral waters. Lane: gold in quartz and placers, zinc ores. Linn: gold
in quartz and placers, copper, galena, zinc blende. Malheur: nitrate beds,
alkaline salts. Marion: gold and silver in quartz, limestone, bog iron ore.
Morrow: — . Mutmomah: iron ore, building stone. Polk: building stone, salt
springs, limestone, mineral waters, iron pyrites. Tillamook: gold in beach
sands, coal, rock salt, iron pyrites, building stone. Umatilla: gold in lodes
and placers, coal, iron. Union: gold in lodes and placers, silver in lodes,
hersite, ochre. Wallowa: gold in lodes, silver, copper, building stones.
VVasco: mineral waters. Yamhill: mineral springs, iron pyrites. Id., Jan.
2, 1888. This in part only.
756 LATER EVENTS.
The state of Oregon is much indebted to the efforts
of United States Senator J. N. Dolph for the govern
ment aid granted in improving the Columbia, as well
as some lesser waterwavs. The drainage area of the
t/ O
Columbia is estimated by him to be greater than the
aggregate area of all New England, the middle states,
and Maryland and Virginia ; and the far larger
portion lies east of the Cascade range, which has no
other water-level pass from the northern boundary of
Washington to the southern line of Oregon. This
O O
pass is monopolized by the Oregon Railway and Navi
gation Company's track on the south side, and by a
railway portage of the same corporation on the north
side. The government has undertaken to facilitate
free navigation by constructing locks at the upper
Cascades and improving the rapids, but the work is
costly and proceeds with the proverbial tardiness of
government undertakings, where appropriations are
held out year after year with apparent reluctance,
while the treasury is overflowing with its surplus.
The work has been going on for eight or ten years,
during which time only about half the $2,205,000
required has been appropriated. The river and
harbor line passed by congress in 1888, and warmly
advocated by the Oregon senators, was shaped by
them to carry forward these important improvements.
Another improvement advocated by Dolph is a local
railway at the Dalles, which will cost $1,373,000.
Besides this, the rapids of the Columbia above the
mouth of Snake river will require to overcome them,
the expenditure of $3,005,000; that is, the sum of
$5,440,500 will, it is believed, open to competition a
distance of 750 miles. This will have the effect to
cheapen freights, which now are entirely in the hands
of the railroad combination, except on the lower
Columbia. There can be no doubt that these improve
ments will be made at no very distant day, when the
Columbia will be a continuous waterway reaching 1,000
miles into the interior of the continent. The Oregon
COAST COUNTIES. 757
delegation in Washington was very persistQnt at this
period in claiming appropriations for public works. li'
Senator Mitchell obtained $80,000 for the erection of
a first-class lighthouse near the mouth of the Umpqua
river ; $15,000 for a site and wharf at Astoria for the
use of the lighthouse department, and asked for
money to construct the revetment of the Willamette
at Corvallis.
The coast counties developed very gradually,
although they received a part of the immigration,
and were finally prosperous. Scottsburg projected a
railway which, if it can be extended to Coos bay, should
be a good investment. At Sinslaw a settlement was
made,16 with three fish-canning establishments, and a
saw-mill. There being a good entrance to the river,
the bottom lands rich, the water excellent, and the
climate healthful, this section offered attractions to
settlers, and a railroad might be made to connect with
one from Scottsburg.
Yaquina, from the opening given it by the Oregon
Pacific, and a line of steamers to San Francisco, made
considerable growth, assumed pretensions of a fashion
able resort, and planned to erect a large hotel a few
miles south of the bay, where hunting, fishing, and
beach driving were guaranteed the tourist. Little
change had been effected in the more northern coast
counties.
In eastern Oregon two new counties were organized
— Morrow county, named after Governor Morrow,
with the county seat at Heppuer, and formed out of
the south-west portion of Umatilla ; and Wallowa
15Dolph has been at some pains to prepare a bill for expending $126,000,-
000 in coast defences, according to the recommendation of a commission
appointed to report upon the subject. It appropriates £27,000,000 for the
defence of San Francisco harbor; $2,519,000 for the defence of the mouth of
the Columbia; and .$504,000 to the harbor of San Diego.
16 George M. Miller, of Eugene, is the founder of Florence, although
David Morse Jr, of Empire City, made an ' addition ' to the town. Lots are
worth from $25 to $50 and $100. The Florence Canning co. employs 80 men
with 40 boats, besides 45 Chinese. The Lone Star Packing co. employ 32
men, 16 boats, and 35 Chinese. The Elmore Packing co. employs 80 men,
40 boats, and 65 Chinese. The three establishments put up 1,700 cases
daily.
758 LATER EVENTS.
county, formed out of a portion of Union, with the
county seat at Joseph.17 Railroads were being rapidly
constructed from all directions toward the main lines
to carry out the crops, wool, and stock of this division
of the state. The wool clip of 1887, which was
shipped to Portland, was 12,534,485 pounds, the
greater portion of which was from eastern Oregon.
The movement at Portland of wheat and flour for
1887 equalled the bulk of the wheat production of
Oregon and eastern Washington combined.18 Lump
ing the receipts of Willamette valley and eastern
Oregon and Washington wheat, there were received
at Portland 3,927,458 centals, against 5,531,995 re
ceived in 1886; and 302,299 barrels of flour against
354,277 for the latter year. Of this amount, 553,920
centals of wheat, and 165,786 barrels of flour, were
from the Willamette valley. A fleet of 73 vessels,
registering 93,320 tons, was loaded with grain at
Oregon wharves.
There has been a steady decline in salmon canning
on the Columbia since 1883, falling from 630,000
cases to 400,000 in 1887. This may reasonably be
attributed to the over-fishing practised for several
years consecutively. Nature does not provide
against such greed, and it is doubtful if art can do
it. The government, either state or general, should
assume control of this industry by licensing a certain
number of canneries, of given capacity, for a limited
period, and improving the hatcheries. Otherwise
there is a prospect that the salmon, like the buffalo,
may become extinct.
Although Oregon built the first saw-mills on the
Pacific coast, and enjoyed for a few years the monop
oly of the lumber trade with California and tlie Ha-
17 The name of Joseph is given in remembrance of the Ncz Perce chief
of that name, who formerly made his home in this valley, and young Joseph,
his son, who led his band in the war of 1877. The first commissioners of
Wallowa co. were James McMasterton an;l J. A. Runhed. The tirst com
missioners of Morrow were William Douglas and A. Rood.
18 A portion of the wheat crop of Washington was carried to Tacoina via
the Cascade branch in 1887.
LUMBER. 759
waiian islands, since the establishment of the immense
lumbering and milling properties on Puget sound,
chiefly controlled by capital in San Francisco, it has
been difficult to market Oregon lumber, except on
sufferance from the great lumber firms. In 1885,
however, the experiment was made of sending cargoes
of lumber to the eastern states direct by rail, which
has resulted in a trade of constantly increasing im
portance, having grown from 1,000,000 feet to 10,000,-
000 feet monthly. The market is found everywhere
along the line from Salt Lake to Chicago. The lease
to the Union Pacific of the Oregon Railway and Nav
igation Company's lines will facilitate this traffic. This
trade belongs at present solely to Oregon, and is inde
pendent of the 100,000,000 feet exported annually to
Pacific coast markets.1'
19 In many ways the improvement in local institutions might be noted.
A fruit grower's association was formed, Dr J. R. Cardwell, president,
which held its first annual meeting January 5, 1887. On the llth of the
same month the Portland Produce Exchange was organized. The state
board of immigration transferred its office to the Portland board of trade in
Sept. 1887. A Gatling battery was added to the military organizations of
Portland. On April 7, 1886, the Native Sons of Oregon organized. On the
17th of August, 1887, the corner stone of the new Agricultural college was
laid at Corvallis. The state has done nothing to withdraw the Agricultural
college from the influences of sectarianism. The Southern Methodist State
Agricultural college, as a local newspaper calls it, will not rise to the stand
ing which the people have a right to demand for it until it becomes, as con
gress intended, a part of the state university. A free kindergarten system
was inaugurated in Portland; and a Woman's Exchange opened, which gave
cheap homes to homeless women, with assistance in finding employment.
The Teachers' National convention of 1888 at San Francisco showed the work
of the Portland schools to be very nearly equal to the best in the United
States, and superior to many of the eastern cities. Albany, since the incep
tion of the Oregon Pacific B. R. , has gained several new business institutions.
The railroad round-house and shops were located there. Among its manu
factories were extensive flouring mills, furniture factories, wire works, iron
foundries, and a fruit packing establishment. An opera house was erected
by a joint stock company, and a public school building costing $20,000.
The aggregate cost of new buildings in 1887 was $160,000, with a popula
tion of 3,500. The electric light system has been introduced. The water
power furnished by the Albany and Santiam Water, ditch, or canal com
pany, with a capacity of 20,000 running feet per minute, invites industries
of every kind depending upon geared machinery.
Roseburg in Douglas county took a fresh impetus from the completion
of the Oregon and California R. R. The county of Douglas, with a popu
lation of 14,000 and a large area, shipped in the year ending August, 1887,
209 tons of wool, 5,073 tons of wheat, 436 tons of oats and other grains,
288 tons of flour, 8 tons of green fruit, 61 tons of dried fruit. This being
done with no other outlet than via Portland, was an indication of what
might be looked for on the opening of the country south of Roseburg.
760 LATER EVENTS.
The administration of Governor Moody was a fair
and careful one, marked by no original abuses,
although it failed to correct, as it was hoped it would
have done, the swamp-land policy, by which the state
had been robbed of a handsome dower. The legisla
ture of 1878 had endeavored to correct the evil grow
ing out of the legislation of 1870, but Governor
Thayer had so construed the new law as to render it
of no effect in amending the abuses complained of;"20
and Governor Moody had not interfered with the
existing practices of the swamp-land board. Here,
then, was a real point of attack upon a past adminis
tration, when a democratic governor was elected in
1886.21 Governor Sylvester Pennoyer was quite will
ing, and also quite right to make it, and doubtless
enjoyed the electrifying effect of his message to con
gress, in which he presented a list of swamp-land
certificates aggregating 564,969 acres, on which
$142,846 had been unlawfully paid, and suggested
that while settlers should be protected in possession
of a legal amount legally purchased, the money,
which under a " misapprehension " had come into the
treasury from other persons, should be returned to
them ; and "the state domain parcelled out, as was
the intent and letter of the law, to actual settlers in
small quantities." Further, the new board of school-
land commissioners 22 prepared a bill, which embodied
20 1 have already given an account of the manner in which the law of
1870 was passed, and with what motive. The legislature of 1878 had en
acted that all applications for the purchase of these lands from the state
which had not been regularly made, or being regularly made the 20 per
cent required by law had not been paid before Jan. 17, 1879, should be void
and of no effect. But it appeared that the board, consisting of the governor,
secretary and treasurer, had issued deeds and certificates to lands which had
not been formally approved to the state by the secretary of the interior, and
to which, consequently, it had no show of title. It had issued deeds and
certificates for amounts in excess of 320 acres — all that by law could be sold
to one purchaser — selling unsurveyed and unmapped lands in bodies as large
as 50,000, 60,000, or 133,000 acres, and otherwise encouraging land-grabbing.
21 The secretary of state under Gov. Moody was R. P. Earhart; and the
treasurer Edward Hirsch. They constituted with the governor the board
land commissioners.
22 The new board consisted of Governor Pennoyer, secretary of state,
George W. McBride, and Edward Hirsch, who had been treasurer through
LAND MATTERS. 761
the views of the governor, and presented it to the
legislature with a recommendation that it,or something
very like it, should be enacted into a law. It declared
void all certificates of sale made in defiance of the
law of 1878, but provided that actual settlers on 320
acres or less should be allowed to perfect title without
reclaiming the land, upon payment of the remaining
80 per cent before January 1, 1879. Upon the sur
render of void certificates the amount paid thereon
should be refunded ; and a special tax of one mill on
a dollar of all taxable property in the state should be
levied, and the proceeds applied to the payment of
outstanding warrants made payable by the act. Suit
should be brought to set aside any deed issued by the
board upon fraudulent representation. The reclama
tion requirement of the law of 1870 was dispensed
with, and any legal applicant who had complied with
the provisions of that act, including the 20 per cent
of the purchase price, prior to January 1879, should
be entitled to a deed to not more than 640 acres, if
paid for before 1889. All swamp and overflowed
lands reverting to the state under the provisions of
the act should be sold as provided by the act of 1878;
but only to actual settlers, and not exceeding 320
acres to one person, Any settler who had purchased
from the holder of a void certificate should be en
titled to receive the amount of money paid by him to
the original holder, which should be deducted from
the amount repaid on the surrender of the illegal cer
tificate. Such an example of justice had not sur
prised the people of Oregon since the days of its
founders. According to the report of the board for
1887 the school fund will save nearly, if not quite, a
million dollars by the rescue of these lands from fraud
ulent claimants,
several previous terms. McBride was a republican and had been speaker of
the house in 1885. He was the younger son of James McBride the
pioneer, and brother of James McBride of Wis., John R. McBride of Utah,
and Thorns ? McBride, attorney of the 4th judicial district of Or. An up
right and talented young man.
762 LATER EVENTS.
The legislature of 1887 proposed these amendments
to the people, to be voted upon at a special election :
First, a prohibitory liquor law ; second, to allow the
legislature to fix the salaries of state officers; third,
to change the time of holding the general elections
from Jane to November. All failed of adoption. J.
H. Mitchell was again chosen United States senator.
The free trade issue in 1888 caused the state to
return a large republican majority,23 arid again gave to
that party the choice of a United States senator to suc
ceed Dolph. Herman was elected congressman for a
third term. The financial condition of the state was ex-
cellent,the total bonded debt being less than $2,000, and
outstanding warrants not exceeding $54,000.
Thus was built up, within the memory of living
men, a state complete in all its parts, where, when
they entered the wilderness, the savage and the fur-
hunter alone disturbed the awful solitudes. Whom
the savage then spared, king death remembered, beck
oning more and more frequently as time went on to
the busy toilers, who in silence crossed over Jordan
in answer to the undeniable command, and rested from
their labors.24
I
23 The democrats elected only 25 out of the 90 members of the legislature.
The republican majority was about 7,000.
'Li I find in the archives of the Pioneer association for 1887 mention of the
death of the following persons, most of whose names are recorded in the immi
grant lists of the first vol. of my History of Ore</on: Capt. William Shaw
(immigrant of 1844) died at Howell prairie, 20th January, 1887. Capt.
Charles Holman (arrived 1852) died at Portland 3d July, 1886; Prof. L. J.
Powell (1847) died at Seattle 17th August, 1887; David Powell (1847) died
near East Portland 8th April, 1887; Peter Scholl (1847) died near Hillsboro'
in November, 1872; Mrs Lucinda Spencer, (1847) daughter of Thomas and
Martha Cox, died 30th of March, 1888; Mrs Sarah Fairbanks King, (1852)
who was Mrs George Olds when she came to Oregon, died 19th January,
1887; Solomon Howard Smith, of the Wyeth party of 1832, died on Clatsop
plains in 1874, at the age of 65 years; he was born December 26, 1809 at
Lebanon, N. H.; Alvin T. Smith (1840) died in 1887 at Forest Grove; he
was one of the independent missionaries, and was born in Branford, Conn.,
Nov. 17, 1802, his firsb wife being Abigail Raymond, who died in 1855,
when he returned to Conn., and married Miss Jane Averill of Branford,
who survived him; Mrs Mary E. Frazer, nee Evans, born in Newburyport,
Mass., Dec. 13, 1816, who married Thomas Frazer, and came to Oregon in
1853, died in Portland 21st April, 1884.
In 1886 there died of Oregon's pioneers the following: Jan. 21st, Mrs
Clara B. Duniway Stearns, born in Oregon, wife of D. H. Stearns, and only
BIOGRAPHICAL. 763
It is a pleasure to the historian, who, by closely
following the stream of events, has identified himself
with the characters in his work, to observe with what
unfailing justice time makes all things even. At the
annual meeting of the Oregon Pioneer association at
Portland, in 1887, Matthew P. Deady, acting as
speaker for the city, presented to the association a
life-size portrait of John McLoaghlin, which was
afterward hung in the state capitol, " where," said the
speaker, " you may look at it and show it to your
children, and they to their chileren, and say : ' This
daughter of Mrs Abigail Scott Duniway, at Portland; George F. Treban
Jati. 21st at Portland; Mrs M. J. Saylor Jan 24th at McMinnville; Simeon
Alber (1853) at McMinnville Jan. 24; Frank Hedges at Oregon city Feb.
22d; Samuel A. Moreland at Portland March 19th; W. McMillan at East
Portland April 26th; Mrs J. A. Cornwall (1846) at Eugene May 2d; Elijah
Williams at East Portland May 16th; James Johns, founder of the town of
St Johns, May 28th; Gen. John E. Ross at East Portland June 14th; W. W.
Buck (1844) at Oregon city June 19; Mrs James M. Stott at East Portland
June 26th; Mrs Susan A. Tartar in Polk co. June 28th; Mrs Sarah Van-
denyn in Lane co. June 28th; Captain Seth Pope in Columbia co. July 23d;
Mr* Mary Stevens Ellsworth (1852) at Cove, in Union co., July 24th; Rev.
E R. Geary at Eugene city Sept. 2d; W. H. Bennett (1845) at Rockford, W.
T., Sept. 12th; Robert E. Pittock at Oanonsburg, Pa.. Sept 16th; Samuel
M. Smith at Portland Oct. 25th; L. J. C. Duncan, Jackson co. Nov. 7th;
Whiting G. West (1846) Nov. 8th; James Thompson at Salem Nov. 8th;
Prof. Newell at Philometh college, Nov. 10th; Mrs Mary Olney Brown,
at Olympia Nov. 17th; A. Walts at Portland Dec. 17th; Jacob Hoover
(1844) at his home near Hillsboro', Dec. 19th.
In 1887: Ex.-Gov. Addison C. Gibbs died in London, Eng., early in Jan.;
his funeral occurred July 9th at Portland; Mrs D. M. Moss of Oregon city
a pioneer of 1843, d. Jan. 23d; George W. Elmer, Portland, Jan. 26th; Mrs
W. T. Newby (1844), Jan. 28th; Mrs A. N. King (1845), an. 30th; James
Brown (1843), Feb. 8th, at Woodburn; H. M. Humphrey (1852), near Port-
laud, Feb. 3d; Mrs Ellen Daley, at East Portland, Feb. 3d; Mrs Col W. L.
White (1850), at Portland, Feb. 20th; Mrs William Mason of Monmouth,
anl Mrs Wallace of Linn co., Feb. 21st; John G. Baker at McMinnville,
March 4th; Judge William Strong (1849), at Portland, April 16th; Mrs
James B. Stephens (1844), at East Portland, April 27th; Benjamin Strang,
at Astoria, May 7th; N. D. Gilliam (1844), at Mount Tabor, May 15th; M.
Tidd, in Yamhill co., May 22d; Levi Knott, at Denver, Col., May 29th; E.
Norton and J. Schenerer, Portland, June 7th; Mrs Frances 0. Adams (1845),
wife of W. L. Adams, June 23d; Robert Pentland, at Scio, June 5th; Dr
Cabannis, of Modoc war fame, at Astoria, July 22d; Dr R. B. Wilson, at
Portland, August 6th; Prof. L. J. Powell, long a teacher in Or., at Seattle,
Autf. 17th; Rev. E. R. Geary, Sept. 2, 1886; Mrs J. H. Wilbur, at Walla
AN' alia, Oct. 2d; Mrs Joseph Imbire, at The Dalles, Oct. 23d; Rev. J. H.
Wilbur, at Walla Walla, Oct. 28th.
On the 10th of Feb., 1888, Dr W. H. Watkins, at Portland; on the 23d
of April died Hon. Jesse Applegate. Both these men were members of the
convention which formed the state constitution. Thus the makers pass
away, but their work remains. Rev. Wiliiam Roberts died July 2, 1888, at
Dayton,
764 BIOGRAPHICAL.
is the old doctor ; the good doctor ; Dr John Me-
Loughlin.' ' And this sentiment was applauded by
the very men who had given the "good old doctor"
many a heart-ache along in the forties. " But," con
cluded Judge Deady, " the political strife and religious
bigotry which cast a cloud over his latter days have
passed away, and his memory and figure have risen
from the mist and smoke of controversy, and he stands
out to-day in bold relief, as the first man in the history
of this country — the pioneer of pioneers ! "
I cannot close this volume without brief biographies of the following men:
Henry Winslow Corbett, a native of Westborough, Massachusetts, where
he was born on the 18th of February, 1827, is of English descent, his ances
try being traced back to the days of William the Conqueror, when the name
of Roger Corbett is found among the list of those who won fame and posses
sions as a military leader. The youngest of eight children, after receiving a
public school and academy education, he began life in the dry goods business
in New York city, proceeding thence in 1851 to Portland, where he was ex
tremely successful in his ventures, being now the oldest merchant in Port
land, and perhaps in Oregon. He is, moreover, largely interested in banking,
being connected with the First National bank almost from its inception, and
now its vice-president. He was also appointed president of the board of
trade, of the boys' and girls' aid society, and other charitable associations,
and of a company organized to complete a grand hotel, to be second only in
size to the Palace hotel in San Francisco. On the formation of the republi
can party in Oregon, Corbett became one of its leaders. He was chosen
delegate to the Chicago convention of 1860, and in 1866 was elected to the
United States senate, where he won repute by his practical knowledge of
financial affairs, his able arguments on the resumption of specie payments,
and the funding of the national debt, and his resolute opposition to all meas
ures that savored of bad faith or repudiation. As a statesman he is noted
for his boldness, eloquence, and integrity of purpose; as a business man for
his ability and enterprise; and as a citizen for his many deeds of charity.
In 1853 he was married to Miss Caroline E. Jagger, who died twelve years
later, leaving two sons, of whom only the elder, Henry J. Corbett, survives.
The latter has already made his mark in life, following in the footsteps of
his father, to whom he will prove a most worthy successor.
William S. Latld was a native of Vermont, born October 10, 1826, edu
cated in New Hampshire, working on the farm winters. He came to Ore
gon in 1851, and engaged in the mercantile business, later becoming a
banker. He accummulated a large fortune, and has ever been one of Ore
gon's foremost men. His benefactions have been many and liberal, one
tenth of his income being devoted to charity. He has assisted both in the
city of Portland, where he resides, and throughout the whole north-west, in
building churches and schools. He endowed a chair of practical theology
in San Francisco in 1886 with $50,000. tJe has given several scholarships to
the Willamette university, and assisted many young men to start in business,
In 1854 he married Caroline A. Elliott of New Hampshire, who bore him
seven children, five of whom were living in 1888, William M., Charles E.,
Helen K., Caroline A., and John W. Ladd. The eldest son, William M.
Ladd, is in every respect the worthy son of his father.
C. H. Lewis was born December 22, 1826, at Cranbury, New Jersey,
where he attended school, working sometimes on a farm. In 1846 he entered
BIOGRAPHICAL. 765
a store in New York city, where he became proficient in mercantile affairs,
and in 1851 came to Portland, where he engaged in business, the house of
Allen and Lewis rising into foremost prominence. Mrs Lewis, the daughter
of John H. Couch, is the mother of eleven children, all born in Portland.
Mr Lewis attends closely to his business, and no man in the community
stands in higher esteem.
Henry Failing was born in New York on the 17th of January, 1834.
After a good grammar-school education, he entered a mercantile house,
where he acquired proficiency in first-class business routine. Arriving in
Oregon in 1851, he engaged in business, first in connection with his father,
Josiah Failing, and later with H. W. Corbett. The firm rose to prominence,
being the largest hardware dealers in the north-west. Failing and Corbett
in 1869 took control of the First National Bank, the former being made
president. Mr Failing has always been a prominent citizen, a friend of edu
cation, and three times mayor. In 1858 he married Emily P. Corbett, sister
of Senator Corbett. Twelve years later Mrs Failing died of consumption,
leaving three charming daughters. Mr Failing is a citizen of whom Oregon
may well be proud.
Worthy of mention among the lawyers and statesmen of Oregon is
Joseph Simon, of the well known Portland law firm of Dolph, Bellinger,
Mallory, and Simon. A G-erman by birth, and of Jewish parentage, he
came to Portland when six years of age, and. at thirteen had completed his
education, so far, at least, as his school-days were concerned. After assist
ing his father for several years in the management of his store, he studied
law, and in 1872 was admitted to practice, soon winning his way by dint of
ability and hard work to the foremost rank in his profession. In 1878 he
was appointed secretary of the republican state central committee, of which
in 1880, and. again in 1884 and 1886, he was appointed chairman, and in the
two first years, and also in 1888, was elected to the state senate. While a
member of that body he introduced and succeeded in passing many useful
measures, among them being a bill authorizing a paid fire department, a
mechanics' lien law, a registration law, and one placing the control of the
police system in the hands of a board of commissioners.
Royal K. Warren was born in Steuben co., N. Y., in 1840, and educated in
that state, coming to Oregon in 1863. He entered upon teaching as aprofes-
sion in Clatsop co., whence he removed to Portland in 1865, teaching in the
Harrison st grammar school until 1871, when he was called to the presidency
of the Albany college, which position he retained nine years. He then re
turned to Portland, where he was principal of the North school for one
year, from which he was removed to the high school.
J. W. Brazee, born in Schoharie co., N. Y., in 1827, was educated for a
civil engineer and draughtsman, and also learned the trades of carpentry
and masonry. Thus equipped, he came to Cal. in 1850 in a sailing vessel.
He worked at his trades, and among other buildings, erected the episcopal
church on Powell street. He also engaged in mining and other industries,
* and removed to Or. in 1858. Here his engineering knowledge was called
into use, and he located the trail between Fort Vancouver, W. T., and Fort
Simcoe, east of the Cascades, notwithstanding that McClellan had reported
that a pack-trail between these points was impracticable. The work was
accomplished in 30 days at a cost of $4,000, and the trail immediately used
for transporting government freight between these posts. His next work
was that of constructing a railroad portage around the cascades of the
Columbia on the Oregon side for J. S. Ruckle, the first railroad built in Ore
gon, and completed in 1862, when the locomotive pony was put upon the
track, and run by Theo. A. Goffe. The steamboats Idalio and Carrie
Ladd were built by 'him in 1859 and 1860; and in 1862 took charge of the
construction of the railroad portage on the Washington side, being also
placed in charge of the Dalles and Celilo railroad the following year; these
roads remaining under his superintendence until 1879, when the 0. S. N.
company transferred them to Villard. He located the O. C. R. R. (west
766 BIOGRAPHICAL.
side) for 20 miles, in 1868; located and surveyed the Locks at Oregon City,
and estimated the cost of construction more nearly than any one el^e. In
March 1881 he organized the Oregon Boot, Shoe, and Leather company,
which received the gold medal for superior work at the Portland Mechanic^'
fair; and was one of the organizers and directors of the Portland Savings
Bank of which he was for several years vice-president. Mr Brazee resided
in Skamania co., Washington, during all these busy years, and represented
his district in the territorial legislature from 1864 to 1875, being at the same
time school superintendent.
John Wilson, boi-n in Ireland in 1826, came to Oregon from California
in the winter of 1849 on the bark Ann Smith, George H. Flanders, master.
His first work in this state was in a saw-mill at the now abandoned site of
Milton on Scappoose bay, near St Helen, where he earned $4 per day and
board. He remained here until the spring of 1851, when, not being well,
he went to the Tualatin plains for a sea ;on, where he recovered and re
turned to Milton, living there and at St Helen until 1853, when he settled
in Portland in the employ of Thos H. Hhvyer of the Oreyonian as book-keeper
and collector. A year later he entered the employ of Allen and Lewis,
wholesale merchants, where he had an experience worth relating. He had
been suffering much from ague and fever for two years. The first day's
work with Allen and Lewis was very severe for a sick man, handling heavy
freight, which was being unloaded from a ship, coffee-bags weighing 250 Ibs. ,
etc. ; but the copious perspiration which resulted from his exertions carried off
the ague, which never afterward returned. In 1856 he purchased a general
merchandise business on Front street, and took partners. In 1858 the firm
erected the first store (a brick one) on First street. After several changes,
he was finally established, 1870, alone in a store erected by himself on
Third street, between Morrison and Washington. In 1872 he built two
more stores on that street, moving into one of them, where he remained
until 1878. In 1880 he was elected school director of distNo.l., which posi
tion he still fills. His policy in school matters has been liberal and elevat
ing, After retiring from business he began to indulge a taste for literature
and books, making himself the owner of a large collection of valuable
and rare publications.
Martin Strong Burrell was born in Sheffield, Ohio, in 1834, where he re
sided until 1856, when he came to Cal. in search of health, wintering in the
Santa Cruz mountains. In March 1857 he joined Knapp & Co., agricultural
implement dealers, becoming associated with them in business, and remain
ing in Portland to the time of his death, which occurred about 1883. His
wife was Rosa Frazier, a native of Mass. Mr Burrell was an excellent citi
zen, and the family an exemplary one.
INDEX.
Abbott, G. H. , Indians massacred by,
1854, ii. 330; Ind. war, 1856, ii.
405; Ind. agent, 1860, ii. 466, 477-
8.
Abernethy, G., trustee of Or. Insti
tute, 1842, i. 202; petition to cong.
i. 207-11; resolution of, 1842, i.
297; gov. of Or., 1845, i. 471-2;
messages of, 1845, i. 488, 528-31,
536-8; 1847, i. 669-70; 1849, ii. 60;
letter to McLoughlin, i. 491; inter
course with Howison, 1846, i. 586-
7; reflected, 1847, i. 612; character,
i. 612-13; proclamation of, 1847, i.
680; correspond, with Douglas, i.
681-2; with Ogden, i. 687-8; ad-
ministr., i. 782-3.
Abiqua creek, battle of, 1848, i. 747-
9.
Accolti, Father M., arrival in Or.
1844, i. 325; in charge of mission,
i. 327; correspond, with Lee, 1848,
i. 743-4; biog., i. 744.
Adair, J., collector, 1848, i. 777; ii.
J04.
Adams, E., biog., i. 634.
Adams, S. C., mention of, ii. 684.
Adams, T., mention of, i. 169-70;
oratory of, 226-7.
Adams, W. L., biog., etc., of, ii. 170;
collector, 1861, ii. 458.
Adams, Point, reservation at, 1849,
ii. 86; fortified, 1861-2, ii. 511.
Agricultural college, establd, etc.,
1868, ii. 660-1.
Aiken, J., mention of, ii. 743.
Aikin, H. L., biog., i. 634.
Ainsworth, J. C., master of Multno-
mah lodge, 1848, ii. 31; steamboat-
ing. 4SO-1; biog. 487
Alabama, petition from, 1843, i. 382.
Albany, condition, etc., of, 1848, ii.
5-6, 716; hosiery-mill at, ii. 732-3;
flax-mill, ii. 737.
Albany academy, mention of, ii. 682.
Albany collegiate institute, ii. 682.
Albina, improvements, etc. , at, ii. 752.
'Albion,' ship, case of the, 1849-50, ii.
104-6, 110.
Alcorn, Capt. M. F., the Ind. war,
1855, ii. 386-8.
Alden, Capt., the Rogue river war,
1853-4, ii. 313-16.
Alderman, A., altercation with Me-
Loughlin, 1844, i. 459-60.
Allen, B. &, Ind. commissioner, 1851,
ii. 208.
Allen, J., mention of, i. 509.
Allen, S., mention of, i. 633.
Allen, congressman, resolutions of,
1844, i. 385-6.
Allis, S., mention of, i. 104-5.
Allphin, W., biog., i. 635.
Alton, meeting at, 1843, i. 382.
Alvord, Gen., correspond, with wool,
ii. 344; exped. ordered by, 1862, ii.
493; requisit. of, 1864, ii. 497.
Alzate, A., name of Oregon, i. 23-4.
'Amazon,' brig, voyage of, 1851, ii.
258.
Ambrose, G. H., Ind. agent, 1854, ii.
360, 371-2.
'America,' H. M. S., visit of, 1845, i.
497-9.
American board (missionary), opera
tions, etc., of, i. 104-5, 127, 343-4;
ii. 293.
American Fur company, dissolution
of, i. 241.
American river, Oregon miners at,
1849, ii. 46.
Americans at Fort Vancouver, i. 43-
5; provis. govt establ'd by, 1843-9,
i. 293-314, 470-507, 526-41, 600-23;
ii. 58-63.
Americans, party, descript. of, ii.
357-8.
Anderson, A. C., biog., etc., of, i. 39.
Anderson, E. C., ministry of, ii. 683.
Anderson, Dr, mention of, i. 178.
(767)
768
INDEX.
Andrews, Major G. P., exped. of,
1860, ii. 467.
Angell, M., biog., etc., of, ii. 243.
'Anita,' U. S. transport, visit of,
1848, i. 745; 1849, ii. 84.
Ankeny, A. P. & Co., mention of, ii.
741.
Antelope valley, Ind. raid on, 1864,
ii. 501.
Applegate, C., journey to Or., etc.,
1843, i. 393, 408, 413; settles in
Umpqua valley, 1849, i. 569.
Applegate, E., death of, 1843, i. 408.
Applegate, E. L., ability, etc., of, ii.
431 ; commissioner of immigr., 1873,
ii. 595.
Applegate, I. D., commissary, etc.,
1870, ii. 563, 566-9, 572-7.
Applegate, J., journey to Or., etc.,
1843, i. 393, 396, 407-8, 412; man
uscript of, i. 406, 410-11; accident
to, i. 410-11; surveying engineer,
1844, i. 440; comments of, i. 444,
462-3; legislator, 1845, i. 473; 1849,
ii. 59-62; measures, etc., of, i. 473-
506, 533; exped. of, 1846, i. 544-59;
1847, i. 679; 1850, ii. 178-80; set
tles at Yoncalla, 1849, i. 568-9; the
Cayuse outbreak, i. 670-3; Ind.
agent, 1870, ii. 564; peace com.,
1873, ii. 596, 601-3; candidate for
sen., 1876, ii. 673; death of, ii. 763.
Applegate, L., journey to Or., etc.,
1843, i. 393, 408, 413; exped. of,
1846, i. 544-59; 1861, ii. 489-90;
settles at Ashland, 1849, i. 569-70.
Applegate, O. C., the Modoc war,
1864-73, ii. 577-8, 583, 586, 589-91.
Applegate creek, Ind. lights at, 1856,
'Argus,' newspaper, establ'd 1855, ii.
356; attitude of, ii. 357-9.
Armstrong, P., mention of, i. 247.
Ash Hollow, massacre at, i. 136.
Ashburton, Lord, treaty of, 1842, i.
380-1.
Ashill, P., biog., i. 468.
Ashland, L. Applegate settles at,
1846, i. 569-70; woollen mill at, ii.
733.
Assumption, mission founded, i. 327;
Astoria, missionaries at, 1840, i. 185;
mail to, 1847, i. 614; condition of,
1848, ii. 6, 11; Hill's command at,
1849, ii. 69-70: Hathaway at, 1350,
ii. 88; inaccessibility of, ii. 189;
hist, of, ii. 708, 720.
Atchison, congressman, bills introd.
by, 1844, i. 384-8.
Athey, mention of, i. 413-14; 'Work-
shops' MS., 414.
Atkinson, Rev. G-. H., arrival in Or.,
1848, ii. 33; biog., ii. 33-4; college
establ'd by, ii. 33-5; missionary
labors, etc., of, ii. 679-80.
Atkinson, G. L., mention of, ii. 356.
Atwell, H. W., petition of, 1873, ii.
634.
Atwell, K. H., mention of, ii. 600.
Aubrey, T. N., biog., i. 627.
Augur, Capt., the Ind. war, 1856, ii.
401, 407-9.
Aurora, founding, etc., of, 1855, ii.
717.
Avery, J. C., member of legisl., 1849,
ii. 59; biog., ii. 143-4.
Avery, T. W., biog., i. 752.
B
Babcock, Dr I. L., missionary labors,
etc., of, i. 177, 190, 198-202, 218-
21; supreme judge, 1841-3, i. 294.
Bache, A. D., survey, etc., of, 1850,
ii. 190, 248.
Backus, Lieut, the Ind. war, 1866, ii.
516-17.
Bacon, J. M., biog., etc., of, i. 509.
Bagby, Senator, the Or. bill, 1848, i.
764-5.
Bailey, C., mention of, ii. 381.
Bailey, H., killed by Indians, 1855, ii.
381.
Bailey, Capt. J., the Indian war, 1855,
ii. 381-2, 387.
Bailey, W. J., arrival in Or., 1835, i.
96; chairman of comm., i. 294;
provis. govt 1844, i. 427-30; candi
date for gov. 1845, i. 471-2; member
of convention, 1846, i. 693^; of
legisl., 1849, ii. 59.
Baillie, Capt. T., mention of, i. 447;
letter to McLoughlin, 1845, i. 497;
at Vancouver, 1846, i. 576.
Baker city, hist, of, ii. 706; mines
near, ii. 739-40.
Baker city academy, mention of, ii.
687.
Baker, Col, the Ind. war, 1866, ii.
519, 523.
Baker county, organized, etc., 1862,
ii. 485; hist, of, ii. 706.
Baker, E. D.. biog., etc., of, ii. 450;
senator, 1860, ii. 453-4; death of,
1861, ii. 457.
Baker, J. , mention of, i. 570.
Baker, Mrs, biog., i. 570.
Ball, J., biog., i. 75.
Ballenden, J., mention of, ii. 277.
INDEX.
769
Bangs, Dr, mention of, i. 178.
Baptists, operations of the, ii. 6€3-4.
Barber & Thorpe, mention of, ii. 338.
Barclay, Dr F., biog., 39-40.
Barker, W. S., mention of, i. 633.
Barkwell, M. C., sec. of constit.
convention, 1857, ii. 423.
Barlow, J., biog. of, i. 527.
Barlow, S. K., mention of, i. 509;
journey to Or., 1845, i. 517-21;
road charter, etc., of, i. 532.
Barnaby, J., member of convention,
1846, i. 603.
Barnes, G. A., biog., i. 752.
Barnes, 'Oregon & California,' MS.,
ii. 115.
Barnum, E. M., adjutant-gen., 1854,
ii. 325; the Ind. war, 1855, ii. 384-
7; nominee for gov., 1857, ii. 430.
Barry, Capt., exped. of, 1864, ii. 499-
500.
Bartlett, Lieut W., survey, etc., of,
1850, ii. 190-2.
Baum, J., biog., i. 629.
Baylies, congressman, member of
comm., 1821, i. 351; 1823, i. 360;
speeches of, i. 353-8.
Beagle, journey to Or., 1843, i. 407.
Beale, Lieut W. K., the Rogue river
war, 1853-4, ii. 313.
Beall, T. F., biog., ii. 712-13.
Bean, J. R., biog., i. 527-8.
Beaver, Rev. H , at Fort Vancouver,
1836-8, i. 50-3.
Beaver, Mrs J., at Fort Vancouver,
1836-8, i. 50-2.
Beaver, ship, seizure, etc., of the,
1850, ii. 107-8.
* Beaver, ' steamer, arrival on the Co
lumbia, i. 123.
Beers, A., character, etc., of, i. 155,
161-2; trustee of Or. institute, 1841,
i. 202; member of comm., 1842, i.
304-5, 312.
Beeson, J., writings, etc., of, ii. 404.
Beirne, Lieut-col, the Ind. war, 1866,
ii. 525.
Belcher, Sir E., exped., etc., of, i.
232-3.
Beklen, G. H., survey, etc., of, ii.
696-8.
Belknap, Mrs J., biog., i. 753.
Bell, G. W., auditor, 1846, i. 606.
Bellinger, J. H., biog., i. 628.
Bennett, Capt. C., mention of, i. 578.
Bent fort, desscript. of, i. 227-8; Whit
man at, 1843, i. 343.
Benton county, establ'd, etc., 1847,
ii. 10; hist, of, ii. 706-7.
Benton, Rev. S., mention of, L 174.
OB. II. «.
Benton, T. H., resolution, etc., of, in
sen., 1823, i. 363-5, 370; the boun
dary quest., 1846, i. 590, 596; letter
to Shively, 1847, i. 616-17; memo
rial presented by, i. 756; the Or.
bill, 1848, i. 761-3, 769-70.
Bernard, Capt. R. F., the Ind. war,
1866, ii. 523-5; the Modoc war,
1864-73, ii. 581-96, 616.
Bernia, F., member of convention,
1846, i. 693.
Berrien, Senator, the Or. bill, 1848, i.
763-4.
Berry, W., biog., i. 530; the Cayuse
war, i. 671, 703.
Bethel academy, mention of, ii. 686.
Bewley, I. W., biog., i. 634.
Bewley, Miss, sickness of, i. 658; ab
duction of, 1847, i. 663.
Biddle, Col, reconnaisance, etc., of,
1873, ii. 605.
Bigelow, D. R., commissioner, 1850,
ii. 150.
Bigelow, W. D., mention of, ii. 292;
settles at The Dalles, 1853, ii. 724.
Billique, P., constable, 1841, i. 294.
Birnie, J., mention of, i. 100.
Bishop, W. R., mention of, ii. 683.
Bissonette, meeting with White's ex
ped., 1842, i. 258-9.
Bitter Root river, mission on the,
1841, i. 324.
Black Rock, name, i. 550-1.
Black, S., mention of, i. 36.
Blain, W., chaplain of legisl., 1849,
ii. 60; public printer, 1849, ii. 79.
Blair, Mrs E. B., biog. of, i. 628.
Blair, T. O., biog. of, ii. 715.
Blair, with Farnham's exped., 1839,
i. 227-9.
Blakeley, Capt., the Ind. war, 1856,
ii. 403.
Blanchet, Rev. F. N., in charge of
Or. mission, 1838, i. 316-25; 'His
torical Sketches, 'i. 320; archbishop,
1843, i. 326; vicariate of, i. 327.
Blanchet, A. M. A., bishop of Walla
Walla, 1847, i. 327, 654; the Cayuse
outbreak, 1847, i. 691-7.
Bledsoe, Capt. R., the Ind. war, 1856,
ii. 405.
Blue Cloak, chief, castigation of, i.
330-1.
Blue mountains, emigrants cross, 1843,
i. 402.
Blunt, Lieut S. F., commissioner,
1848, ii. 248.
Boddy, W., murder of, 1872, ii. 576.
Boggs, Ex-gov., gold discov. disclosed
by, 1848, ii. 43.
770
INDEX.
Bogus, H., with Applegate's exped.,
1846, i. 551-2.
Bohemia district, mines in the, ii.
742.
Boise, Fort, mention of, i. 14; Farn-
ham's exped. at, 1839, i. 229; emi
grants at, 1843, i. 401; road pro
jected to, i. 531-2; ii. 436, 476;
abandoned, 1856, ii. 112; massacre
near, ii. 343; milit. post at, ii. 476,
494-6; Gen. Halleck at, 1866, ii.
526.
Boise, R. P., mention of, i. 151-2;
commissioner, 1850, ii. 150; dist
attorney, 1851, ii. 168; dist judge,
1857, ii. 431; assoc. judge, 1858, ii.
442; decision of, 1863, ii. 642.
Bolduc, Rev. J. B. Z., mention of, i.
322; head of college, 1844, i. 325-6.
Bonneville. Lieut-col, command of, ii.
245; requisitions on, etc., 1853^4,
ii. 313, 343.
Bonser, S., biog., i. 637.
Bonte, L. la, biog. of, i. 74, 78.
Boon, J. D., terr. treasurer, 1851, ii.
168; 1857, ii. 431; biog., ii. 168.
Boone, A., biog., i. 570-1; member of
legisl., 1846, i. 604-6.
Boone, J. L. , career of, ii. 457.
Boonville, raid on, 1866, ii. 522.
Booth, Gov., theModocwar, 1864-73,
ii. 582, 588.
Boston Charley, the Modoc war, ii.
603-10; kills Thomas, 1873, ii. 612;
surrender of, ii. 629; execution of,
ii. 636.
Boulder creek, Ind. fight at, 1866, ii.
522.
Bourne, J., biog., i. 784-5.
Boutelle, Lieut, the Modoc war. 1864-
73, ii. 574-5.
Bo wen, Lieut, the Ind. war, 1866, ii.
514.
Boyle, Lieut W. H., the Modoc war,
ii. 582; attempted murder of, 1873,
ii. 612-13.
Bozar+h, Mrs A. M. L., biog., i. 635.
Bozartli, O. W., biog., i. 527.
Brattain, T. J., biog., ii. 715.
Brazee, J. W., biog. of, ii. 765-6.
Breckenridge, in cong., 1822, i. 358-9.
Breeding, W. P., biog., i. 571.
Breese, Senator, bill in trod, by, 1848,
i. 771.
Bremer, Van, the Modoc war, 1864-
73, ii. 578-86.
Brewer, H. B., land -claim of, 1848, ii.
6.
Brewer, H. D., mention of, i. 177,
190, 221, 275.
; Briceland, Lieut I. N., mention of, ii.
248.
Bridger, Capt., mention of, i. 108.
Bridger, meeting with White's exped.
1842, i. 259-60.
Bridger, Fort, emigrants at, 1846, i.
556.
Bridges, J. C., constable, 1842, i. 304.
Brigade, annual, arrival of, i. 46.
Briggs, A., biog. of, i. 630.
Bright, Senator, the Or. bill, 1848, i.
761-2.
Bristow, E., biog., i. 569.
Bristow, W. W., biog., i. 752.
Bromley, I. W. R., mention of, i. 777.
Brooks, S. E., biog., ii. 725.
Brooks, Q. A., biog., i. 786.
Broth erton, Mrs, bravery of, ii. 576.
Brouillet, J. B. A., vicar-gen, of
Walla Walla, i. 327-8; arrival in
Or. 1847, i. 654-6; the Whitman
massacre, i. 661-5; 'Authentic
Accounts,' i. 667.
Brown, H. L., biog., i. 570.
Brown, J. H., Autobiography, MS.,
i. 646.
Brown, 0., biog., i. 422; with White's
exped. 1845, i. 484.
Brown. S., mention of, i. 74-5.
Brown, Mrs T. M., arrival in Or.
1846, ii. 32; biog., ii. 32; charity
of, ii. 33-4.
Brownfield, D. F., representative,
1850, ii. 161.
Brownsville, incorporated, etc., 1874,
ii. 716.
Bruce, J., mention of, ii. 316.
Bruce, Major, the Ind. wars, 1855-6,
ii. 381-3, 386-9, 400.
Bruneau river, Marshall's exped. to
the, 1866, ii. 520; camp on, ii. 522.
Brunt, G. J. Van, commissioner,
1848, ii. 248.
Brush, adventure of, 1851, ii. 199.
Bryant, W. C., name given by, to Or,,
1. 21-2.
Bryant, W. P., chief-justice, 1848, i.
777; dist of, 1849, ii. 70; measures,
etc., ii. 80; neglect of duty, ii. 101-
2, 155; bribery of, ii. 122.
Buchanan, Col, the Ind. war, 1856,
ii. 389, 396, 404-7; at Crescent
City, ii. 401.
Buchanan, Secretary, the N. W.
Boundary treaty, 1846, i. 594;
correspond, on Or. matters, 1847, i.
616; with H. B. Co., ii. 109; de
clines purchase of H. B. Go's prop
erty, 1848, i, 774-5,
INDEX.
771
Buck, H., sergeant-at-arms, 1850, ii.
143.
Buck, W. W., biog., etc., of, i. 509;
commissioner, 1849, ii. 79; prest of
council, 1850,ii. 142; business ven
tures of, ii. 732, 736.
Build Inlet, settlement on, 1844, i.
464.
Buell, E., biog., i. 627-8.
Buford, J., mention of, ii. 371.
Bimton, Capt. E., mention of, i. 449.
Buoy, Capt., the Ind. war, 1856, ii.
390.
Burch, B. F., biog., i. 544.
Burgess, Capt. J. C., the Modocwar,
1864-73, ii. 626.
Burkhardt, L. C., biog., i. 635.
Burnett, G. W., biog., i. 571.
Burnett, P. H., journey to Or., etc.,
1843, i. 393-6, 403-7, 416; journal
of, i. 406, 412; provis. govt, etc.,
1844, i. 427-32, 437; supreme
judge, 1845, i. 496, 535; assoc.
judge, 1845-8, i. 777; liquor law of,
i. 536; oration of, 1845, i. 583.
Burns, H., magistrate, 1842, i. 304;
rights granted to, 1844, i. 440;
member of convention, 1846, i. 693;
mail contract, ii. 30.
Burnt River Canon, emigrants on,
1843, i. 401.
Burrell, M. S., ii. 719; biog., ii. 766.
Burris, W., judge, 1845, i. 496.
Burton, Capt. G. H., the Modocwar,
1864-73, ii. 582, 588-91, 616.
Burton, J. J., mention of, i. 527.
Bush, A., clerk of assembly, 1850, ii.
143; terr. and state printer, ii. 14S,
168, 431.
Bush, G. W., mention of, i. 464.
Butler, Senator, the Oregon bill, 1848,
i. 769.
Butte Creek, Indians massacred at,
1855, ii. 372.
Butteville, location of, ii. 6; name,
etc., ii. 716.
C
Cabaniss, T. T., mention of, 613,
629.
' Cadboro, ' schooner, seizure, etc., of,
1850, ii. 107.
Cady, Lieut-col A., in command of
Or. dist., 1861, ii. 490.
Caffrey, J. S., ministry of, ii. 681.
' Calapooya, sloop, built 1845, ii. 27.
Calapooyas, threatened outbreak of,
1843, i. 275; reservations, etc., for,
ii. 210-11: treaty with, 1851, ii.
211.
Caldwell, S. A., biog., i. 785.
California, migration to, 1843, i. 393,
400; 1844, i. 465; 1845, i. 510-11;
1846, i. 552-7; effect of gold discov. ,
1848-9, ii. 42-65; specific contract
law, 1863, ii. 642-3; trade with,
ii. 744-5.
' California, ' steamer, at Astoria,
1850, ii. 188.
Calhoun, Secretary, negotiations of,
1844, i. 386-7; the Or. bill, 1848, i.
764, 769.
Camaspelo, Chief, interview with
Blanchet, etc., 1847, i. 691; speech
of, i. 720.
Campbell, H., mention of, i. 222.
Campbell, J., biog., i. 570.
Campbell, J. C., fjuarrel with Holder-
ness, 1845, i. 492.
Campbell, J. G., member of Or. Ex
change Co., 1849, ii. 54.
Campbell, R., mention of, i. 75.
Campbell, T. F., mention of, ii. 687.
Campbellites, sect, ii. 686.
Campo, C., magistrate, 1842, i. 304.
Canadians in Or. 1834, i. 15-17, 64,
315; withdraw from provis. govt,
1841, i. 295-9; missionaries among,
i. 317-22; join Amer. party, i.
471; raise Amer. flag, 1847, i. 610.
Canby, Gen. E. R. S., supersedes
Crook, 1870, ii. 561; the Modoc
war, 1864-73, ii. 566-609; confer
ence with Modocs, ii. 609-1 1 ; mur
der of, 1873, ii. 612; honors paid
to, ii. 613-14; biog., 614.
Canby, Fort, name, ii. 511.
Canemah, destroyed by flood, 1862,
ii. 483.
Canemalt, location, etc., of, ii. 6.
Canfield, W. !>., biog., i. 662; escape
from Indians, 1847, i. 663-5.
Cannon, W., biog., i. 74.
Canon city, founding, etc., of, 1862,
ii. 712.
Cape Horn, emigrants at, 1843, i. 411.
Caplinger, with Palmer's expedition,
1845, i. 521.
Caravan, chief trader's descrip. of, i.
47.
Card well, Dr J. R., mention of, ii. 759.
Cardwell, J. A., biog., etc., of, ii. 184.
Cardwell, Mrs J. A., biog., ii. 713.
' Carolina, ' steamer, first trip of, 1850,
ii. 188.
Carpenter, Dr W. M., mention of, i.
671.
Carson, J. C., biog., i. 784.
Cartee, L. F., speaker, 1854, ii. 349.
Carter, D., mention of, i. 177, 242.
772
INDEX.
Caruthers, Mrs E., land claim of, ii.
288.
Oaruthers, F., land claim of, ii. 288.
Carver, J., works of, i. 17-21; map
of, i. 20; name of Oregon, i. 24-5.
Cascade Falls, proposed reservation
at, 1846, i. 602.
Cascade mountains, emigrants cross,
1843, i. 409-12; 1846, i. 563.
Case, S., peace commissioner, 1873, ii.
596.
Casey, Col C., command of, ii. 201,
235; exped. of, 1851, ii. 235-7.
Caster, Lieut, the Rogue river war,
1853-4, ii. 320.
Catholics, missions in Or., 1838, i.
315-29, 340-8, 640-2, 653-7; oppo
sition to protestants, i. 328-48, 640-
2, 653-6, 697-9, 743-4; church, etc.,
buildings, ii. 678-9.
Cavanaugh, T., mention of, ii. 740.
Cayuses, missionaries among, i. Ill,
115-19, 316-17, 327-48; outrages,
etc., of, i. 268, 274-7, 333-5, 344-7,
402-3, 644-66; conference with,
1843, i. 277-80; agric. among, i.
338; the Whitman massacre, 1847,
i. 644-66; captives rescued from, i.
686-96; war with, 1848, i. 700-45;
trial and execution of, 1850, ii. 92-
9; Dart's visit to, etc., 1851, ii. 214;
treaty, etc., with, 1855, ii. 363-6.
Chadwick, S. F., biog., etc., of, ii.
182; gov., 1877, ii. 673-4.
Chamberlain, Mrs 0. W., biog., i.
636.
Chambers, Rowland, pion. '45, i. 525;
biog., 528.
Champoeg, situation, i. 73; school,
1835, 86; public meeting at, 262-3;
excitement at, 283; conventions at,
1842, 1845, 303, 471; church dedi
cated, 319; ii. 678; flood at, ii. 483.
Champooick, district boundary, i. 310.
Chapin, Lieut E. S., in Modoc war,
ii. 616.
Chaplin, Daniel, author of peace
commis., ii. 595; of assembly,
1864-5, 665.
Chapman, I. B., at indignation meet
ing, ii. 162.
Chapman, W. W., pion. '47, i. 625;
arrest of, ii. 158-9; surveyor-gen.,
295; lieutof vols, 386; of assembly,
1858-9, 1868, 434, 668; biog., 705.
Chase, Mr & Mrs, in Snake river
massacre, ii. 472.
Chase, Albert, in Snake river massa
cre, ii.. 472.
I Chase, Daniel in Snake river massa
cre, ii. 472.
Chemakane, mission described, i. 339-
40.
Chemeketa mission, site, i. 191-2;
work at, i. 192; investigation at,
221; dissolved, 221-2.
Chemeketa plains, agriculture, 1840,
191-3; mills, 192; school, 193, 201.
'Chenemas,' ship, on Columbia, i.
189, 199, 221, 245, 424, 466-7.
Chenoweth, F. A., of assembly, 1852,
1866, ii. 296, 666; of Or. Cent. R. R.
co., 698, 699.
Chiles, Jos. B., leader Cal. party,
1843, i. 393, 400.
China trade, i. 371; ii. 258.
Chinese mining, attack on, ii. 521;
acts relating to, 664-5.
Chinooks, the, difficulties with, ii. 93.
Christian Advocate and Journal, calls
for missionaries, i. 171.
Christmas celebration, i. 577-8.
Cincinnati R. R. Co., charter granted,
ii. 696.
Civil code submitted and accepted, ii.
663-4.
Clackamas county, boundary, i. 539;
hist, of, ii. 707-
Clackamas R.R. Co., charter granted,
ii. 696.
Clackamas, the, treaty with, ii. 217.
Claiborne, Bvt Capt. T., of mounted
rifles, ii. 81; defends Inds, 96.
Claim -jumping, indignation meeting,
i. 610-11.
Clark, Mrs Anna, biog., i. 627.
Clark, Miss C. A., missionary, i. 177;
at Nisqually, 188.
Clark, Miss Grace, adventures of, ii.
216.
Clark, Harvey, Or. Institute, i. 202;
missionary, 244; chaplain, 480; ser
mon, July 4th, 584; philanthropist,
ii. 32-3; teacher, 678.
Clark, I. N., attack on Inds, ii. 534.
Clarke, I., exped. of, ii. 305.
Clarke, Gen. N. S., in com'd of de
partment, ii. 460.
Clarke, Saml A., author of peace
commis., ii. 595; works of, 692;
director Or. Cent. R. R., 699.
Clatsop county, map of, i. 186; boun
dary, 539; hist, of, ii. 708.
Clatsop district estab., i. 435.
Clatsop mission, work at, i. 185-8;
sold, 221.
Clatsop plains, agriculture, 1840, 185-
8; cattle introduced, 187.
INDEX.
773
Clatsops, massacre crew, i. 41; char
acter, 188.
Clemens, John, killed on the ' Gazelle, '
ii. 340.
Clergy, position of, i. 301 ; disabilities
of, 1842, 305.
Clerk, H. B. Co. , fort duties, i. 8.
Cluggage, James, county com 'r, ii. 299;
in Ind. exped., 315.
Clyman, James, biog. and bibliog., i.
451.
Coad, Henrietta Gilliam, biog., i. 469.
Coal discovered, ii. 332; first ship
ments, 333.
Coal-fields, hist, of, ii. 743.
Coats, John, pion. '46, i. 568; biog.,
570.
Cochran, R. R., of assembly, 1857-66,
ii. 417, 432, 452, 666; senator, 1868-
70, 668, 671.
Cockstock, Indian, quarrel with Wins-
low, serious results, i. 282.
Coe, David L, trial of, ii. 156.
Coe, Nathaniel, postal agent, ii. 166;
biog., 189.
Coeur d'Alene mines, ores, etc. , ii. 754.
Cceur d'Alenes, miss, work among, i.
625; attack troops, ii 461.
Coffey, Nebuzarden, pion. '47, i. 625;
biog., 632.
Coffin, Stephen, pion. '47, i. 625; del.
to con., ii. 418; built steamer, 705.
Coinage, private, ii. 54; influx of for
eign, coin, 55.
Coke, Hy. I., visit of, ii. 175.
Colburn, A. C., killed by Inds, ii. 315.
Collins, Luther, pion. '47, i. 625; biog.,
631.
Collins, Capt., explores Yaquina bay,
ii. 203; exped. of, 520.
Collins, Smith, pion. '46, i. 568; biog.,
569.
Collins, Mrs Smith, biog., i. 569.
'Colonel Wright,' steamer, ii. 480.
Colonization, Or., i. 154-83.
Colorado, military post established, i.
376.
'Columbia,' bark, i. 215; ii. 48.
' Columbia,' steamer, ii. 188; hist, of,
255.
Columbia county, hist, of, ii. 709.
Columbia, Mary, firstchild born, i, 529.
Columbia river, named, i. 24; fishery
established, 245; disputed boundary,
316; value of trade to, 354; military
posts on, 361 ; dangers on, 558, 559,
608; dangerous entrance, ii. 23-6;
first steamers on, 255-6, improve
ment of, 755—6.
Columbia river co. founded, i. 59.
Colver, David, pion. '45, i. 525; biog.,
571.
Colville valley, mission founded, i. 327.
Col well, Joseph F. , murder of, ii. 546.
Comegys, Jacob, pion. '47, i. 625;
biog., 633.
Commerce, English vs American, i.
366-7; imports and exports, ii. 744-
5.
Committees, 1844, names, capabilities,
i. 431.
Condit, Alva, Presb. elder, ii. 680.
Condon, T. J, missionary, ii. 680.
Conger, S. F., murder of, ii. 477.
Congregational church, hist, of, ii.
679, 680.
Congress, settlers petition, i. 168, 172,
176, 206-9, 231, 233, 245; Or. ques
tion, 349-390; Linn's 2d bill, 372;
memorial to, ii. 436-8, 481-3; 1st
delegate from Or., 113; instructions
to delegate, 299-300; appropria
tions by, 326-7; 7o6-7.
' Congress, ' U. S. frigate, i. 583.
Congressional appropriations, waste
of, 1854-5, ii. 350-2.
Conklin, David, murder of, ii. 527.
Conner, John, of anti-slavery party,
ii. 359.
Conner, Sergt, fight with Inds, ii.
423, 424.
Connolly, Nelly, marries Douglas, i.
52.
Conser, Jacob, of assembly, 1851-2,
1856-7, ii. 72, 296, 417; university
trustee, 299; school trustee, 685;
director Or. Cent. R. R., 699.
Conser, Mrs Jacob, biog. , i. 752.
Constitutional convention, act to
hold, i. 441-2; acts of, ii. 423-6.
Convention, meeting, i. 603; resolu
tions adopted, i. 604.
Conver.se, Lt 0. I., com'd at Fort
Walla Walla, ii. 532.
Cook, A., with Farnham's exped.,
227, 237.
Cook, I. D., in Ind. exped., ii. 240.
Cook, John G., claim of, ii. 321.
Cooke, map, i. 23.
Cooke, Mrs Belle W., works of, ii.
692.
Cooke, E. N., nominated state treas
urer, ii. 637; of W. V. R. R. Co.,
697; director Or. Cent. R. R.,
699.
Coon, W. L., of anti-slavery party,
ii. 359.
Cooper, Chandler, biog., i. 627.
Coos bay, Lt Stanton's exped. at, ii.
774
INDEX.
202; settlement at, 1853, 331-4;
hist of coal fields, 743.
Coos county, created, ii. 254; hist, of,
709.
Coppinger, Bvt Lt-col I. I., com'd
Camp Three Forks, ii. 532.
Conquilles, the, attitude of, ii. 234;
fight with, 235-8; trouble with,
391.
Corbett, H. W., U. S. senator, biog.,
ii. 639, 667, 764; library director,
694; of W. V. R. R. Co., 697; of Or.
Cent. R. R., 698; of Or. R. R. & N.
Co., 704.
Cornelius, Benjamin, biog., i. 528.
Cornelius, Florentine Wilkes, biog.,
i. 531.
Cornelius, Saml, missionary, ii. 683.
Cornelius, T. R., pion. '45, i. 525; of
council, 1856-9, ii. 417, 429, 432,
434; senator, 1860-70, 452, 665,
666, 668, 671; col of Or. vols, 491;
resigns, 493; director Or. Cent. R.
R., 699.
Cornwall, I. A., pion. '46, i. 568;
biog., 570; Presb. minister, 682.
Cornwall, P. B., bearer of Masonic
charter, ii. 31.
Corvallis county, hist, of, ii. 707.
Couch, I. H., on Columbia, i. 221,
245, 466; White's interference
with, 281; mem. P. L. L. C., 296-7;
director Or. Printing Assoc., 536;
treasurer, 606, 612.
Counties, hist, of, ii. 706-726; min
eral resources of, 754-5.
Cow creek, Ind. depredations, ii. 381.
Cow creek Inds, land purchased
from, ii. 319.
Cowan, Robert, biog., i. 633.
'Cowlitz,'bark, 250-1.
Cowlitz valley, i. Ind. troubles in, ii.
67, 68.
Cox, Jesse, of court convention, ii.
423.
Cox, Joseph, pion. '47, i. 625; biog.,
630; of court convention, ii. 423.
Cox, T. H., pion. '47, i. 625; biog.,
630; of Or. Cent. R. R., ii. 698.
Coyle, R. S., of const, convention, ii.
423.
Craft, Charles, biog., i. 527.
Craig, I. T., of anti-slavery party, ii.
359.
Craig, Wm, at Lapwai, i. 649; leaves
Clearwater, 697; agent to Nez
Perces, 721.
Crain, J. H., biog., i. 629.
Cranston, Lt Arthur, in Modoc war,
killed, 616, 520; biog., 624.
Cravigan, Rich., murder of, ii. 576.
Cravigan, W., murder of, ii? 576.
Crawford, David, explores Puget
Sound, i. 463^1.
Crawford, John Davis, biog., i. 631.
Crawford, Medoram, pion. '42, i. 76,
256; biog. and bibliog., 265; mem.
P. L. L. C., 297; of legislature, ii.
59, 452; signs memorial, 127; col
lector, 670.
Crawford, Peter W., biog. and
bibliog., i. 646-7.
Creighton, N. M., supports G-ov.
Lane, ii. 93.
Cresson, Capt., in Modoc war, ii.
622.
Crocker, N., death, i. 199-200, 256.
Crockett, John, com. of Island co.,
ii. 299.
Crook county, hist, of, ii. 710.
Crook, Geo., Lt-col, relieves Mar
shall, ii. 531; actions of, 532-45.
Crooks, I. M., in Ind. exped., ii. 313.
Crosby, Capt. N., piloting, ii. 26;
mill sold to, 50.
Crouch, W. H., wounded, ii. 383.
Crow, James, murder of, ii. 477.
Cullen, John W., lieut of Or. vols.,
ii. 510; acts of, 512.
Cully, I. W., elected to senate 1858,
ii. 432.
Culver, C. P., editor, i. 575.
Culver, Saml, favors new ter. scheme,
ii. 255; Ind. agent, 312; anti-slav
ery party, 359; signs petition, 376.
Cunningham, Joseph, biog., i. 527.
Curly- headed doctor, in Modoc war,
ii. 575, 576, 599; surrenders, 627.
Currency and prices, 13-15; ii. 796-8.
Curry county, established, ii. 415;
hist, of, 710.
Curry, Geo. B., of Or. vols, ii. 491;
exped. of, 496, 499; in com'd of
Columbia dist, 515; retires, 517.
Curry, Geo. L., editor, i. 57-5; loan
commis'r, 671, 672; of legislature,
ii. 58, 59, 158; acting sec., 69;
post master, 187; apptd gov.,
character, 348; biog., 349; procla
mation, 384; calls out vols, 399;
message, 435; nomination, 444.
Curry, Thomas, biog. of, ii. 713.
Curtis, E. I., favors new ter. scheme,
ii. 255.
Crump, James T., biog., i. 571.
' Cyclops, ' ship, wrecked, ii. 300.
Daily Advertiser, newspaper, ii. 448.
INDEX.
775
Daily News, newspaper, ii. 448.
Daily Times, newspaper, ii. 449.
Dallas founded, ii. 251.
Daly, John, killed on the 'Gazelle,'
ii. 340.
Daniels, W. B., del. to convention,
1857, ii. 418.
Darragh, John, apptd to raise Ind.
co, ii. 531.
Darrough, I. , favors new ter. scheme,
ii. 255.
Dart, Anson, supertd of Ind. affairs,
ii. 206; offl. actions of, 213-18.
Dart, Geo., favors new ter. scheme,
ii. 255.
Davenport, T. L, in explor exped., ii.
197.
Davidson, Geo., survey exped., ii.
248-9.
Davidson, James, biog., i. 629.
Davidson, James, biog., i. 632.
Davidson, Thomas L., biog., i. 624,
Davis, Byron N., Ind. agent, ii. 469.
Davis, Henry W., biog., i. 628.
Davis, Col Jefferson C., succeeds
Canby, ii. 624; action in Modoc
war, 624-31.
Davis, John W., Apptd Gov. 1853,
biog., ii. 322; acts of, 323, 324;
resigns 1854, character, 348-9.
Davis, Leander L., biog., i. 636.
Davis, Samuel, biog., i. 570.
Dawson, V. W., pion. '43, i. 394; Cal.
emigrant, 400; arrest, 445.
Dayton, founded, ii. 251.
Deady, M. P., on sup. court, i. 151-2;
supports Gov. Lane, ii. 93; of As
sembly, 143; biog., 144; revises
laws, 150; Atty, 158; of council
1851-2, '161, 296; trustee of Or.
Academy, 167; Associate Judge,
307-8; at constitutional convent,
423; elected U. S. Judge, 442; U.
8. dist Judge, 669; University di
rector, 690; of Or. medical college,
691; mention of, 747, 763-4.
Dean, N. C., farm of, ii. 184.
Deception Pass on Puget Sound, i.
464.
De Cuis, A. P., of Coos Bay Co., ii.
332.
Deer Lake, name, i. 72.
Dolaney, Daniel, biog., i. 422.
Delano Sec., actions in Modoc affair,
ii. 597, 602; hanged in effigy, 613.
Delore, Antonio, exploring party, i.
532.
'Demares Cove,' ship, ii. 333.
Demers, Father, asst to Blanchet, i.
316; founds Willamette miss., 318-
319; vicar gen., 326; journey to
Europe, 327; chaplain, 480.
Democratic Herald, newspaper, ii.
448.
Democratic party, organized 1852, ii.
172; rupture iii,447; defeat, 1888,762.
Democratic Statesman, policy of, ii.
420-2, 448.
Demry, John, nominated for Gov., ii.
430.
Denoille, Sergt, murder of, ii. 547.
Dent, Capt. F. T., com'd at Hoskins,
ii. 488.
De Puis, W., cattle exped., i. 42.
Des Chutes river, mode of crossing, i.
514.
De Smet, Pierre, Jesuit priest, labors
of, i. 322-6; physique, 323; bibiog.,
327; hostility of, 340.
De Vos Peter, R. C. priest, 1843, i.
325; St. Ignatius Miss., 327; with
hunting party, 396; discovers pass,
398.
'Diana,' brig., i. 154,
Diamond, bark, i. 188; ii. 48.
Diamond, John, exped. of, ii. 305.
Diamond Spring, named, i. 558.
Dickinson, Obed, missionary, ii. 680.
Dilley, murdered by Inds, ii. 223.
Dillon, William H., biog., i. 636.
Dimick, A. R., biog., i. 638.
Disappointment Cape, surveyed, ii.
249; lighthouse at, 511.
Diseases, disappearance of, ii. 39.
Distillery, Young's, i. 98, 99, 102,
160; descript of first, 281.
Divorce law, passed, ii. 299, 300;
clause in constitution, 438.
Dixon Robt, murder of, ii. 549.
Dobbins, C. , injured on the ' Gazelle, '
ii. 340.
Dodson, Jesse, in Ind., exped., ii. 224.
Dogs, excitement regarding killing, i.
258.
Doherty, A. S., in explor. exped., ii.
197.
Doke, William, escapes drowning, i..
408.
'Dolly,' schr, ii. 27.
Dolph, I. N., of Senate, 1866, ii. 660.;
U. S. senator, biog. 676; of Or. R. II.
& N. Co., 704; mention of, 756; coast
defence bill, 757.
Dominus, Capt., in Columbia, i. 40.
Donation Claims, land taken under,
ii. 659.
Donation Laws, its provisions andi.
workings, ii. 260-3; advantages*
and disadvantages of, 299.
776
INDEX.
Donnar party, joins immigrants 1846
i. 556.
Donpierre, David, on Govt committee
i. 294.
Dor ion, B., accompanies White, 15tl
Nov. 1842, i. 268.
Dorr, Eben M., seizes the 'Albion,
ii. 105.
Dougherty, Wm P., promoter o:
masonry, ii. 30; left tor Cal., 47
at indignation meeting, 162; com
mis'r of Pierce Co. , 299.
Douglas, county, organized, ii. 166
hist, of, 710.
Douglas, A., killed by Inds, ii. 315.
Douglas, David, in Oregon, i. 17.
Douglas, James, appearance, i. 31; at
F. Vancouver, 48; marriage, 52
receives missionaries, 135; grants
site for miss. 1839, 318; action in
clerical affairs, 320; moved to Vic
toria, 598; commu. massacre to
Gov., 670; action in regard to loan,
C72-5; demands explanation from
Abernethy, 681-2.
Dowell, Ben Franklin, biog., ii. 370,
Downing, Miss Susan, arrives Or., i.
156; at Willamette Mission, i.
157-9.
Drake, Lt, works of, ii. 691.
Drake, Lt-col, in com'd of Columbia
dist, ii. 517.
Drew, C. S., favors new ter. scheme,
ii. 255; Qt Master of Militia, 325;
Adj. of vols, 379; Major, 492; re-
connoissance of, 503-5.
Drew, E. P., Ind. agent, ii. 360; offl
acts of, 392-3.
Drew, I. W., of H. of Rep. 1851, ii.
158; in explor. exped., 176; senator
1862-3, 638.
'Dryad,' ship, i. 94.
Dryer, T. I., founded 'Oregonian,' ii.
147; of Assembly 1856-9, 417, 429,
432, 434; of constitutional convent,
423; commis'r to Hawaiian Isls, 458.
' Due de Lorgunes, ' brig, ii. 48.
Duelling, bill to prohibit, i. 492.
Dugan, Rich., favors new ter. scheme,
ii. 255; military commis'r, 314.
Du Guerre, Baptiste, accompanies
White, i. 484.
Dunbar, John, missionary, i. 104, 107.
Dunbar, Rice, biog., i. 572.
Duncan, Geo. Clayton, biog. of, ii.
715.
Duncan, I. C., biog., ii. 184.
Duncan, L. I. C., of const, convention,
ii. 423
Duniway, Mrs A. S., works of, ii.
691.
Dunn, John, at Fort George, i. 38;
character, 44.
Dunn, Pat. in Ind. exped., ii. 313; of
assembly 1854-5, 349.
Dunning, U. H., of anti-slavery
party, ii. 359.
Duntz, Capt., on the Sound, i. 499.
Duskins, rescues immigrants 1846, i.
564.
Dwight, at Fort Hall, i. 30.
Dyar, L. S., Ind. agent, ii. 568;
actions in Ind. War, 569-79; peace
commr, 606, 610-12.
.E
Eades, Clark, punishment, i. 450.
Eagle, Nez Perce chief, counsels
Mrs Whitman, i. 665-6.
Eales, Capt., on Oregon coast, i. 84,
Earhart, R. P., sec. of state, ii. 762.
East Portland, progress of, ii. 752.
Eastham, E. L., mention of, ii. 753.
Eaton, Charles H., biog., i. 421.
'E. D. Baker,' steamer, ii. 481.
Edmonds, John, shooting affair, i.
444-5; left for Cal., ii. 47.
Edmunds, John, accomp. White, i. 434.
Edmundson, Indian mission, i. 55.
Education, effort toward, 1834, i. 315;
girls' school opened, 325; grants of
land, 608; drawbacks, Ii. 31.
Educational institutions, ii. 32.
Edwards, P. L., missionary, i. 59;
character, 60; building miss., 78-90;
treas. Willamette Cattle Co., 141;
goes to Cal. for cattle, 142-150; life,
169; infor. to emigrants, 292-3.
Edwards, Rich., killed by Inds, ii.
312.
Eells, C. C., missionary, i. 137-8.
Eells, Myron, missionary, i. 138.
Eells, Mrs, missionary, i. 137-3.
Ehrenberg, H., Or. settler, i. 240;
biog. 240-1.
Election, freedom of vote, i. 307.
Eliot, S. G., surveyed R. R. line, ii.
696.
Elizabeth, mining town, ii. 330.
Elizabethtown, Ky, petition to Con
gress, i. 374.
Elkins, Luther, of assembly 1853-5,
ii. 323, 349; of constitutional con
vention, 423; senator 1858-60, 432,
452; R. R. commisr, 696.
Elhins, W. S., of assembly 1870, ii.
671.
El Placer, 'brig., ii. 48.
INDEX.
777
Elliot, Col, Mil. commis. to try
Modocs, ii. 635.
Elliott, Wm M., claim of, ii. 321.
Ely, Lt, in Indian exped., ii. 314.
Ellis, Ind. chief, biog., i. 271; cun
ning of, 286-9; hostility, 330-2.
Ellsworth, S., of Or. C. M. R. Co., ii.
652; director Or. C. R. R., 698,
699.
Emehiser, I., in immigrant party
1859, ii. 463.
Emigrants, Whites party, i. 256-7;
life on the plains, 257; character,
392; scarcity of food, 416-17; 1844,
448-9.
Emigration, inducements offered, i.
374-5; organization 1843, 393-424;
character, 425-7.
' Emily Packard, ' ship wrecked, ii.
301.
Emmons, Lieut, exped. from Or. to
Cal., 249.
Eagle, William, biog., i. 528.
English, emig. to Or., i. 377; fleet,
497.
English, L. N., leased penitentiary,
biog., ii. 644.
Enos, half breed, treachery of, ii.
394.
'Enterprise,' steamer, ii. 340.
Episcopal church, hist, of, ii. 685-6.
Erasmus, Christopher, murder of, ii.
577.
Ergnette, W., cattle exped., i. 142.
Ermatinger, F., character, i. 32-33;
attacked by Inds, 136; Men. P. L.
L. C., 297; treasurer, 472, 480, 496.
Ettinger, S., favors new ter. scheme,
ii. 255.
Eugene, founders of city, ii. 251; co'ty
seat, 299; university at, 661.
Euliiiger, Sigmond, claim of, ii. 321.
Evans, Allan, bravery of, wounded,
ii. 378.
Evans, David, claim of, ii. 321.
Evans, Samuel, murder of, ii. 489.
Evans, I., exped. of, ii. 300.
Everest, Mr and Mrs, biog., i. 631.
Everman, Hiram, trial of, ii. 156.
Everman, Niniwon, explores Puget
Sound, i. 463-4; left for Cal., ii.
47.
Everman, Wm, trial and execution,
ii. 156.
' Ewing,' survey schr, ii. 190-2.
Ewing, F. Y., travels with Lee, i.
169.
Executive Com., pay, i. 440; author
ity, i. 441-2.
Express Co. , first in operation, ii. 339.
Executive, power, summary, 1842, i.
307-8.
Express, meeting to provide for
sending, i. 552.
Eyre, Miles, drowned, i. 400.
Fackler, Samuel, biog., i. 631.
Fackler, Rev. St M., biog., i. 629. '
Failing, Henry, biog. of, ii. 765.
Fairchilds, John A., farm of, ii. 578;
removes Hot Creeks, 578-80; acts
in Modoc war, 589, 597-607; favors
Modocs, 634.
Falls debating soc , founding, i. 265.
'Falmouth,' ship, ii. 139.
' Fama, ' bark, i. 422.
Fanning, Mrs Rebecca, biog., i. 530.
Farley, John F. biog., i. 630.
Farming interest, rise of, ii. 338.
Farnham, T. I., at Fort Vancouver,
i. 44, 130, 234; exped., 227-34;
works of, 230-1 ; in Willamette val.,
231; at Sandwich Is., 234; report
on Or., 236.
Farrar, W. H., of const, convention,
ii. 423.
'Fawn,' ship, wrecked, ii. 300.
Fay, James D., biog., i. 571; of as
sembly, 1862-5, ii. 638, 665; defeat
ed for congress, 669; senator, 1870,
671.
Fellows, A. M., enrolling officer, ii.
399.
Ferree, D. I., in com'd of Klamaths,
ii. 577.
Ferries, rights granted, i. 440.
Ferry, Chas, of anti-slavery party, ii.
359.
Feudalism among fur-traders, i. 46-7.
Fickas, John L., death of, ii. 370.
Field, M. C., with Stuart's hunting-
party, i. 396.
Fields, Mr, biog., i. 637.
Fields, Calvin, killed by Inds, ii. 371.
Figueroa, gov. of Cal., i. 91, 97.
Finances, state of, 1854-5, ii. 355.
Finlayson, D., at Fort Vancouver, i.
34, 37.
'Firefly,' steam-tug, wrecked, ii. 341.
'Fisgard,' Eng. frigate, i. 499; officers
of, 579.
Fisher, Mrs John, biog., i. 636.
Fishery, establish, on Columbia, 1840,
245.
Fiske, De, E. R., in explor. exped., iL
176.
Fikh, T. L. exped. agtinst Inds, ii
464.
778
INDEX.
Fitzgerald, Maj., pursuit of Inds, ii.
373, 374.
Fitzhugh, Solomon, of const, conven
tion, ii. 423; senator, 18(30-3, 452,
638.
Fitzhugh's mill, meeting at, of emig.
of 1843, i. 393.
Fitzpatrick, trader, missionaries with,
i. 107, 127; with White's party,
259, 260.
Five Crows, Cayuse chief, i. 279, 280;
outrages by, 662-3.
Flanagan, Pat., in explor. exped., ii.
176; settles on Coos bay, 334.
Flatheads, at St Louis, i. 54; mission,
65-6; missionaries among, 137; R.
C. influence with, 322-3.
Fleming, John, printer, biog., i. 575;
signs memorial, ii. 127.
Fletcher, F., with Farnham's exped.,
227, 237.
Flint, A. C., founds Winchester, ii.
183.
Floods of 1861-2, ii. 482-5.
Flour, hist, of manufacture, ii. 729.
Foisy, M. G., biog., i. 467.
Foley, Dr, settler at Coos bay, ii. 334.
Fontenelle, trader, missionaries with,
i. 106-8.
'Forager,' ship, seizure of, ii. 107.
Ford family, settlers and biog., i. 413.
Ford, Nathaniel, leader of party, i.450;
biog., 469; supreme judge, 496; co'ty
treasurer, 612; of ter. council, 1849,
1856-9, ii. 71, 417, 429, 434; of H.
of Sept., 1851-5, 158, 349; on peni
tentiary board, 298; senator, 1866-
8, 660, 668.
Ford, Nineveh, first to arrive at Dalles,
i. 408.
Ford, Mrs R. A., biog., i. 636.
Ford, Sidney S., biog., i. 527.
Forclyce, A. G., in Ind. exped., ii.
313; claim of, 321.
' Forrest, ' brig, ii. 48.
Forsyth, J., appoints U. S. agent, i.
100.
Fort Boise, established, i. 14; ii. 500;
Farnham's exped. at, i. 229; aban
doned, ii. 112; massacre near, 343;
military post, 494.
Fort Canby, erection of, ii. 511.
Fort Colville, description, i. 14; mis
sionary at, 1839, 318-19.
Fort Deposit, named, i. 521.
Fort George, description, i. 11; trad
ing post, 29.
Fort Gilliam, named, i. 703.
Fort Hall, established, i. 14; mission
aries at, 62; built, 63; Farnham
exped. at, 228-9; immigrants at,
451; abandoned, ii. 112,
Fort Klamath, constructed, ii. 495;
Modoc prisoners at, 634.
Fort Laramie, immigrant supplies, i.
451.
Fort Leavenworth, military post, i.
374.
Fort Lee, named, i. 703; peace com-
sioners at, 706; garrisoned, 737.
Fort Nisqually, appearance, i. 11.
Fort O'Kanagan, situation, i. 13;
Bianchet at, 316-17; abandoned, ii.
112.
Fort Stevens, erection of, ii. 511.
Fort Umpqua, 1840, i. 194; aban
doned, ii. 111.
Fort Vancouver, description, i. 6-11;
life at, 7-11; school, 11; agric. at,
8-9, 13-14; missionaries at, 36, 18,
184; importance of, 26; established,
29; society at, 26-28, 42; physi
cians at, 34-35; arrival of brigade,
46; chief trader's caravan, 49; Sun
day at, 123; Farnham at, 230; mills,
234; Ind. outrages, 268; mass cele
brated, 317; fortified, 446-7; threat
ened capture, 681-2; military post,
ii. 85, 90; abondoned, 112; land
claims, 279.
Fort WTalla Walla, description, i. 12-
13; missionary at, 318; Bishops see,
327; army at, 715; abandoned, ii.
112.
Fort William, built, i. 15; abandoned,
98.
Forts, life at, i. 7-8; in Or. 1834, 12.
Foster, Philip, mem. P. L. L. C., i.
297; grievances, 480.
Foster, Capt. S. A., act A. A. G.
Columbia dep't, ii. 531.
Fowler, Capt., on Columbia, i. 188.
Fowler, W. W., favors new ter.
scheme, ii. 255; Alcalde, 325.
Fowler, William, encourages emigra
tion 1843, i. 399.
Fox, C. E., founds town, ii. 252.
Framboise, M. la, nurses Kelley, i.
90; trail of, 147.
Francis, Simeon, paymaster of army,
biog., ii. 458.
Franklin, family outraged, i. 645.
Franklin Advertiser, newspaper, ii.
438.
Frazer, Abner, deposition about Cal.,
i. 552
Freeman, James, contractor for sur
veys, ii. 269.
INDEX.
779
Free Press, newspaper, suspended, ii.
43-4.
Fremont, Lieut, expecl., i. 379, 419-
20.
French Prairie, i. 71-3; convent
school at, 325.
French Canadians, as settlers, i. 15-
16, 66, 73-4; in Willamette Val.,
66, 70-3; character, 235.
French settlers, feeling toward gov't
1842. i. 298-9.
Friends of Oregon, action in regard to
Or., i. 254.
Fritz, trouble caused by, ii. 579-80.
Frost, Rev. J. H., missionary, i. 177;
at Clatsop miss., 185-8.
Frost, Mrs, missionary, i. 177; at Clat
sop miss., 185-8.
Fruit, market for, ii. 257-8.
Fry, I. B.. adj in Hathaway's force,
ii. 70; of 0. R. R. & N. Co., 704.
Fudge, I. M., killed on the 'Gazelle,'
ii. 340.
Fulkerson, I. M., of H. of Rep., 1852,
ii. 296; of council, 1853-6, 323, 349,
413; college trustee, 684.
Fulkerson, John T., biog. of, ii. 714.
Fuller, David, killed on the ' Gazelle, '
ii. 340.
Fulton, James, biog. and bibliog., i.
634; of assembly, ii. 671.
Fur-traders in Oregon, 1834, i. 6-17;
life at forts, 7-8, 42; hospitality, 9-
10; religion, 10-11, 62; Ind. wives
of, 27-8; brigade, 46; cravan, 47
G
Gaets, Father, arrives, 1847, i. 326.
Gage, Joseph, associate justice, i. 450.
Gagnier, at Fort Umpqua, i. 193-5.
Gagnier, Mrs, with missionaries, i.
195-6.
Gaines, John P., app't'd gov'r, it. 139;
administration and otf'l acts of,
1850-2, 139-73; biog., 169; Ind.
commis., off! acts of, 208, 228-32;
charges against, 301-2.
Gallagher, Lieut I. H., com'd at Fort
Lopwai, ii. 531.
Galvin, John, in Ind. exped., ii. 240.
Gamble, James, established Port Or-
ford, ii. 193.
Gantt, E. E., capture of, ii. 548.
Gantt, Capt. John, conducts emi
grants, i. 395, 400.
* Ganymede, ' ship, i. 38, 84.
Gardapie, Baptiste, rescues immi
grants, i. 564.
Gardiner, Charles, injured on the
4 Gazelle, ' ii. 340.
Gardipie, J. B., exploring party, i.
532.
Garrison, A. E., biog., i. 572.
Garrison, E., Methodist preacher, i.
397; ii. 677.
Garrison, J. M., legislator, 1845, i.
472; explor. party, 1846, 532; capt.
of co., 703; of council, 1851-2, ii.
161, 296; Ind. agent, 312.
Garrison, Margaret, biog. , i. 422.
Garrison, Margaret Herron, biog., i.
415.
Garry, Spokane chief, character, i.
339-40.
Gary, Rev. Geo., voy. to Or., i. 39;
supersedes Lee, 218, 221; miss.
work, 223-4; assists Thornton, 621;
supt of miss., ii. 677.
Goskell, A. P., of Coos Bay Co., ii.
332.
Gassett, C. C., murder of, ii. 521.
Gaston, Joseph, acts in Og. Cent. R.R.
affairs, ii. 696-703; biog., 703-4.
Gay, Geo., escapes f rom Inds, i. 96-7;
with cattle co., 142, 147; kills Inds,
148; mem. of col govt, 301; left for
Cal., ii. 47.
Gay, Rich., drowned, ii. 396.
'Gazelle,' steamer, explosion on, ii.
340.
Gazzoli, Father, arrives in 1847, i.
326.
Geary, Edw., trustee of Or. academy,
ii. 167; supt Ind. affairs, 461; Presb.
minister, 681; school trustee, 682;
of Or. Cent. R. R. Co., 698.
Geer, Frederick W., biog., i. 572*
Geer, G., Or. pioneer, illicit liquor
traffic, i. 273.
Geer, Joseph Carey, biog., i. 637;
maj. of militia, ii. 325.
Geer, Ralph C., biog., i. 637; of state
house board, ii. 146; nursery of,
257; of H. of Rep., 1854 o, 349,
R. R. commis'r, 696.
Geiger, abandons Dalles, accompanies
White, 1842, i. 268; tour, 342.
Geisell, John, killed by Inds, ii. 395.
'General Lane,' ship, ii. 48, 49.
'General Warren,' steamer, wrecked,
ii. 203-4, 341.
George, M. C., elected to congress, ii.
675.
Gervais, Jos. , activity in govt forma
tion, i. 300-1; meets R. C. priests,
317; explor. party, 532.
Gervais, Zavier, exploring party, i.
532.
780
im>Ex.
Gibbs, A. C., revised Or. laws, ii. 150;
att'y, 158; biog., 181-2; of H. of
Rep., 1852, 1800, 296, 452; collec
tor, 309; commis. to settle claims.
321; governor, oflfl acts, 509, 637,
638, 644; aspirant for U. S. senate,
667; death of, 763.
Gibbs, Geo., deputy collector at As
toria, ii. 81, 104; biog., 104.
Gibbs, John, in Ind. exped., killed, ii.
313.
Gilbert, Isaac N., biog., i. 469.
G ller'i, Col A. C., assumes com'd, ii.
595; acts in Modoc war, 606-23.
Gillespie, John, killed, ii. 383.
Gilliam co'ty, hist, of, ii. 711.
Gilliam. Cornelius, gen. of immigrants,
i. 449; biog., 449, 725; buffalo hunt
ing, 450; bombast, 457, 681-2; ex-
plor. party, 531, 567; supt of postal,
614; col com'd't, 676; speech to
army, 70S; death, 725.
Gilliland, Isaac, biog., i. 647.
Gilmore, Matthew, member prov.
govt, 1844, i. 427, 431.
Cilmore, S. M., supports Gov. Lane,
ii. 93; of H. of Rep., 1850, 1860,
143, 452; biog., 143; delegate to
convention, 418.
Gilpin, Major, life in Or., i. 223; with
Fremont, 420.
Glasgow, Thos W., at indignation
meeting, ii. 162.
Gleason, Sam'l, in Snake river mas
sacre, ii. 472.
Glover, William, biog., i. 636.
Godwin, Charles, wounded, ii. 383.
Goff, David, biog., i. 544; explor.
party, 544; leaves for Ft Hall, 551-
2; guides immigrants, 558.
Goffe, T. A., mention of, ii. 765.
Gold disc, in Cal., ii. 42, 43; disc, of,
1850-2,174-204, searches for, 478-80.
Gold epoch, decadence of, ii. 337-8.
' Gold-hunter, ' steamer, ii. 705.
Goldsborough, L. M., in survey ex
ped., ii. 248.
Goldsby, John, wounded, ii. 383.
Good, D. H., biog., i. 270.
Goodhue, Samuel, exploring party,
1846, i. 544; biog., 544.
Goodrich, C. L., purchases Or. Specta
tor, 1854, discontinued, i. 575.
Goodwyn, Thos Jefferson, biog. of, ii.
Goodyear, M., with missionaries, i.
Gordon, John, writes McLoughlin, i.
497.
Gordon, Harvey, nominated state
printer, biog., ii. 637.
Government, provisional, 1843, i. '280-
1; organization, 292-314; election
of officers, 293; expenses of, 443;
seat proposals, 536.
Governor, salary, i. 432; power, 476-
Gracie, Lieut Arch., at Ind. council,
ii. 362.
Graham, David, attacked by Inds, ii.
523.
Grammar, Nez Perce, i. 335.
Grande Ronde, emigrants arrive, i.
401 ; military reservation, ii. 397.
Grant co'ty, hist, of, ii. 711.
Grant, Ja.s, at Fort Hall, i. 42, 261.
Grasshoppers, destruction by, ii. 342.
Grave creek, light at, ii. 381-3.
Graves, S. C., favors newter. scheme,
ii. 255.
Gray, James, del. to convention, 1857,
ii. 418.
Gray, Thomas, death of, ii. 370.
Gray, W. H., names Columbia river,
i. 24; missionary, 126; journey to
Ft Vancouver, 126-35; returns east,
136; attacked by Inds, 136; on the
Dalles miss., 163-4; builds Or. in
stitute, 203; oppose;* White, 264;
hist. Or., 301-2; sec. of Champoeg,
convention, 303; leg. com., 1842,
304; deserts Whitman, 340, 343;
legislator, 1745, 472, 481, 488; re
turns to Astoria, 584; residence,
588; left for Cal., 1848, ii. 47.
Great Britain, blows at interests, 1843,
i. 313; occupation Col R., 363; jur
isdiction, 366, claim disputed, 383-
4; treatment of U. S., 597.
Green, Col, actions in Modoc war, ii.
573-629.
Green, J., ship-building, 247.
Greenback question, ii. 640-3.
Greenhow, on term Oregon, i. 24.
Greenwo d, Wm, biog., i. 753; sen
ator, 1862-5, ii. 638, 665.
Greer, I. B., nominated state treas
urer, ii. 638.
Gregory & Co., express co. of. ii. 339.
Gregory, XVI., Pope, Or. created to
an apostolic vicariate, Dec. 1843,
i. 326.
Grey, Capt. Thomas, comd at S.
Juan Island, ii. 432.
Griffin, Buford B., biog., i. 752.
Griffin, Rev. J. S., missionary, i.
238-9, 244; ineligible for gov'r,
305; ed first paper, 335.
Griffith, Elisha, biog., i. 529.
INDEX.
781
Griffith, Elizabeth, biog., i. 529.
Grim, I. W., biog., i. 036; of H. of
rep. ii. 72; senator, 1858-65, 432,
452, 638, 665; vice-presdt Pion.
Soc., 693.
Grist mills, location-owners, ii. 25.
Grover, L. F., biog., ii. 149; pros-
attorney, 298; university trustee,
299; ter. auditor, 306; in Ind. ex-
pedt., 313; of H. of rep., 1853-7,
323, 413, 417; of constitutional
convention, 423; elected to congress,
1858, 431; takes seat, 441; charac
ter, 444; elected Gov., 670; U. S.
senator, 673.
Grubb, Sam'l, in Indian expedt., ii.
313; claim of, 321.
Hacher, Isaac, settler at Coos bay,
ii. 334; of H. of rep., 1864-5, 665.
Hackleman, commands immigrant co.,
1845, i. 509.
Hagardine, R. B., in Ind. exped., ii.
313.
Haines, I. D., biog., ii. 81.
Half-breeds, causes dissatisfaction, i.
651-3.
Hall, E. C., killed, ii. 464.
Hall, Lawrence, biog., i. 528; mem.
of leg., 604; on com't. to frame
memorial, 606; reaches Walla
Walla, 661; of council, 1850-2; ii.
142, 158, 296.
Hall, Reason B., biog., i. 569.
Halleck, Gen., visits Or., ii. 525, 526.
' Hamilton, ' ship, i. 154.
Hamilton, Edw., torr. sec'y, ii- 139.
Hamilton, W., killing of, ii. 155.
Hamlin, Nathaniel, biog., i. 752.
Hammond, Brev.-capt. D. P., in sur
vey expedt., ii. 190.
Hanchett, W. H., of road co., ii.
652.
Hancock, Samuel, biog. & bibliog.,
i. 509; left for Cal. ii. 47.
Hanna, I. A., Presb. minister, ii.
681.
Hannah, Adolph B., of H. of rep.,
1858-9, ii. 432-4; U. S. marshal,
443; in confed. service, 456.
Hannon, George, biog., i. 529
Harboss, appropriations for, ii. 300.
Hardin, John R., of H. of rep., 1852,
ii. 296; killed by Inds., 313; claim
of, 321; alcalde, 325.
Harding, Benj. F , of H. of rep.,
1850-2, 1858, 1860, ii. 142, 296, 432,
452; biog., 143; defends W. Ken
dall, 156; chief clerk of house, 163;
university trustee, 299; U. S. att'y,
309; U. S. senator, 639.
Harney, Gen., mil. administration of,
ii. 461-8.
Harper, Andrus, biog., i. 572.
' Harpooiier, ' ship, ii. 48, 70, 103.
Harris, Mrs, fight with Inds., ii. 373.
Harris, Geo. W., killed by Inds, ii.
373.
Harris, Isaac, warns Fairchild, ii.
579.
Harris, Moses, assists emigrants, i.
315, 450, 564; with White, 484;
explor. party, 1846, 532, 544; biog.,
545; leaves Ft Hall, 551-2.
Harrison, A. M., in survey expedt,
ii. 249.
Harrison, Hugh, biog., i. 635.
Hart, Thomas, biog., i. 530.
Hartness, McDonald, killed, ii. 403.
Hasbrouck, in Modoc war, ii. 624-8.
' Hassaloe, ' steamer, ii. 480.
Hastings, L. W., leader of party, i.
258-67; disagreements with, 258;
escapes Ind., 260; goes to Cal.,
266-7; character and bibliog., 267;
persuades immigrants to Cal., 552.
Hatch, Peter H., pion. '43, i. 422;
signs memorial, ii. 127; candidate
for legislature, 437.
Hathaway, Brev.-Maj., in comd. of
artillery, ii. 69.
Hathaway, Felix, at Willamette
Falli, i. 204; ship-building, 247;
prov. gov't meets at house of, 428.
Haun, Mr, biog., i. 637.
Hauxhurst, Webley, cattle expedt.,
i. 142; assaulted, 444; university
trustee, ii. 299.
Hawaiian Islands, trade, i. 371.
Hawkins, Lt, military force of, ii.
68, 69.
Hawkins, Henry, biog., i. 527.
Hawks, Thomas, drowned, ii. 341.
Hays, Mrs Rebecca, at Waulatpu, i.
647; murdered, 660.
Hazard, W., early settler, ii. 252.
Headrich, Samuel, biog., i. 632.
Hearn, F. G., visit of, ii. 175.
Heber, Fred, in Ind. expedt., ii. 313.
Hedden, Cyrus, in explor. expedt., ii.
197.
Hedding, Bishop, missionary meeting,
i. 59.
Hedding, Elijah, son of Peupeumox-
mox, i. 279; murder of, 286-7.
Hedges, A. F., of legislature, 1849,
ii. 59; of H of rep., 1858-9, 432,
434; director O. C. R. R., 699.
782
INDEX.
Heinrich, Peter, death of, ii. 370.
Helm, L. S., col of militia, ii. 325.
Helm, Wm, Meth. preacher, ii. 677.
Hembree, A. J., mem. of leg., i. 604;
ii. 58, 59; of H. of rep., 1850-5> ii.
72, 158, 349; supports Gov. Lane,
93; trustee of Or. Academy, 167.
Hendershott, James, of H. of rep.,
1866, ii. 666; senator, 1868-70, 668,
671.
Hendershott, S., of court convention,
ii. 423.
Henderson, I. H. D., candidate for
legis., ii. 337; elected to congress,
666; director 0. G. R. R., 699.
Henderson, Rob't, biog., ii. 144.
Hendrick, Sam'l, killed by Inds, ii.
395.
Hendricks, T. M., biog., i. 753.
Hennessey, Wm, death of, ii. 370.
'Henry, 'brig, i. 414, 679-80; ii. 24,
43, 48.
Henry, A. G., Ind. agent, ii. 207; of
H. of rep., 1854-5, 349.
Hensaker, T. H., mill-owner, ii. 50.
Hereford, Capt. , of the 'Gazelle, ' ii. 340.
Herman, congressman, ii. 762.
Herron, Daniel, discoverers gold, i.
512.
Kibbler, joins Gal. exped., i. 679.
Hickley, Mrs, at Willamette mission,
i. 157-8.
Hicklin, H. H., of anti-slavery party,
ii. 359; del. to convention, 418.
Hicklin, John L., biog., i. 753.
Hicklin, W. C., of anti-slavery party,
ii. 359.
Higgins, H., judge, i. 496.
Highlands, settlement, i. 463.
Hill, Capt. B. H., at Astoria, ii. 69.
Hill, David, leg. com. 1842, i. 304,
312; mem. prov. govt, 1844, 427,
431; legislator, 473, 481; post
master, 614; of H. of rep., 1848-9,
ii. 58, 59, 72.
Hill, Isaac, attack on Inds, ii. 313.
Hill, Ryland D., murder of, ii. 156.
Hinckley, Capt, on Columbia river, i.
154; at Willamette miss., 157-8;
marriage, 158.
Hind, E., in immigrant party, ii. 463.
Hiiiderwell, R. 0., Capt., arrest of,
ii. 104-7.
Hines, Rev. G., missionary, i. 177;
among the Umpquas, 193-6; on
school com., 201; trustee Or. insti
tute, 202; life of, 225; opposes
White, 264; oration at opening of
leg., 306; Meth. minister, ii. 677.
Hines, H. K., Meth. minister, ii.
677.
Hines, Mrs H. K., missionary, i. 177;
teacher, ii. 678.
Hinman, Alanson, in charge of
Dalles, i. 644, 667; biog. 667; of
H. of rep., 1866, 666; collector, 669.
Hinsnaw, Isaac, biog., i. 529.
Hinton, Capt., at Fort Boise, ii. 519.
Hirsch, Edward, state treas., ii. 760.
Hitchcock, Gen., in Oregon, ii. 233.
Hobart, Lieut Charles, movements of,
ii. 514.
Hobson, Richard, biog., i. 421.
Hodges, Capt. H. C., A. G. M. Col-
umbia dep't, ii. 531.
Hodges, Jesse Monroe, biog., i. 628-9.
Hodgkins, Wm, in Ind. exped,,
wounded, ii. 313.
Hoecken, Adrian, R. C. priest, i.
325; with hunting party, 396; dis
covers pass, 398.
Hoffman, Mr, at Waiilatpu, i. 648.
Holbrook, Amory, att'y in Ind. trial,
ii. 96; signs memorial, 127; of H.
of rep., 1860, 452; nominated U. S.
senator, 639.
Kolcomb, Gay C., killed by Inds, ii.
395.
Holden, Horace, biog. and bibliog., i.
467.
Holden, Mrs Horace, presents flag to
Or. rangers, i. 583.
Holderness, 8. M., mem. P. L. L. C.,
i. 297; fights duel, 492; sec. of
State 1849, ii. 59.
Holgate, John C., biog., i. 630.
Holladay, Ben, acts in Or. R. R. af
fairs, ii. 700-4; mention of, 746.
Holland, David, settler at Coos bay,
ii. 334.
Holland, Francis S., biog., i. 530.
Holland, 1. P., in explor. exped., ii.
197.
Holman, Dillard, in Ind. exped., ii.
224.
Holman, John, biog., i. 421.
Holman, Jos., with Farnhams' exped.,
i. 227, 237; of legislature, 308; uni
versity trustee, ii. 299; R. R. coin-
mis 'r, 696.
Holmes, Leander, del to convention,
ii. 418, 446; nominated state sec.,
431.
Holmes, William, death, i. 421.
Holmes, Wm, sheriff, i. 496; presents
liberty-pole, 583; serg't at arms of
H., ii. 59, 72, 143; signs memorial,
127; R. R. commis'r, 696
INDEX
783
Holt, Thomas, explor. party, 532;
assists immigrants, 564.
Holton, D. S., of H. of rep., 1858-9,
ii. 432, 434; surgeon gen., 438;
senator, 1860-3, 452, 638.
Holy Heart of Mary, mission founded,
i. 327.
Home, Capt., drowning of, i. 53.
Home, Capt. D., arrives Or. on
Beaver, i. 123.
' Honolulu, ' ship, ii. 42.
Hooker, Jim, in Modocwar, ii. 575-6,
587, 592, 599, 606, 909-12; surren
ders, 627; confession, 632.
' Hooker, Col Joseph, completed road,
biog., ii. 306; in union army, 456.
Hooker, S. C., murder of, ii. 156.
Horn, A., death, i. 261.
Horse Creek, military post, i. 376.
Hospital, at F. Vancouver, i. 8; Wil
lamette miss, 162; Chemeketa
plains, 193, 197.
Hot Creek Inds, attempt removal of,
ii. 578-80.
Houck, I. L., in immigrant party
1859, ii. 463.
Hoult, E., of court convention, ii.
423.
Houston, Robert, biog., i. 635.
Hovey, A. G., del to rep. convention,
ii. 446; senator, 1862-5, 638, 665.
Howard, Cynthia, biog., i. 572.
Howard, John, biog., i. 572.
Howard, Zenas, warns Fairchild, ii.
579.
Howe, Lieut Albion, in Modoc war,
killed, ii. 616-22; biog., 624.
Howe, E. W., killed by Inds, ii. 395.
Howe, Sam'l D., com. of Island Co.,
ii. 299.
Howell, John, biog., i. 421.
Howell, Jonathan, biog. of, ii. 714.
Howell, Morris, in Ind. exped., ii.
313.
Howison, Neil M., commands Shark,
i. 584; examines country, 586-8.
Howison's Rep't, comments, i. 585.
Hoyt, family outraged i. 645.
Hoyt, Francis S., trustee of univer
sity, ii. 299; librarian, 615; Meth.
preacher, 677.
Hubbard, kills Thomburg, i. 95.
Hubbard, Charles, biog., i. 635.
Hubbard, M., established Port Orford,
ii. 193.
Hubbard, Thos. J., leader cattle co.,
i. 179; mem. for col. gov't, 301;
leg. com., 1842, 304.
Huber, N., clerk of council, ii. 434.
Hudson Bay Co., Ind. wives among,
i. 9-10, 26-28; servants of, 15, 70;
treatment of Inds, 36; character of
officers, 42; law in Or. under, 48-
50, 235; monopoly in cattle, 140;
lease of Russ. ter., 232, 234; charges
against, 245; post at S. F., 250-1;
attempt to settle Or., 252; attitude
to immigrants, 261; Whites tran
saction with, 276; treatment of im
migrants, 409-10; delicate position,
447; unite with Americans, 493-6;
dissuading Inds., 540; celebrate
Christmas, 578; Whitman's massa
cre, 666-8; force sent to Walla
Walla, 673^; embarrassimg posi
tion, 681-2; accused of conspiring
with Inds, 697-9; decadence of
business, ii. 103; sales of, 189-10;
forts abandoned, iii; claims of, 276-
81.
Hudson, Miss, murder of, ii. 377.
Hudspeath, J. M., witness, land dis
pute, i. 206.
Hull, Joseph, promotor of masonry,
ii. 30.
Humboldt, on term Oregon, i. 23-4.
Humboldt river, discovered, i. 32.
Humphries, Capt., on Columbia, i.
215.
Humpy Jerry, of Capt. Jack's band,
ii. 577.
Hunsaker, Joseph, biog., i. 633.
Hunt, Capt. I. C., at Camp Lyon, ii.
519, 532.
Hunt, Joseph, killed on the 'Gazelle,'
ii. 340.
Himtington, I. W. P., representative
1860, ii. 452; sup't Ind. affairs, 670.
'Huntress,' ship, ii. 48.
Hurford, Susanna, biog., i. 628,
Idles, John, killed by Inds, ii. 395.
Illutin, Nez Perce, chief, speech at
council, May 1843, i. 279.
Immigants, attempt to prohibit negro,
i. 287; refuse good drafts, 288; Whit
man's views, 341-2; sufferings, 446
-67; 508-41, 552-67; 623-38; ii. 174
-5; health and condition, i. 751; ef
fects on, of gold discovery, ii. 63-5;
protection of, 303-4; increase of, in
1859, ii. 465; in 1862-3, 493-5.
Immigration society, hist, of, ii. 694-5.
Immigration toCal., efforts of Or. peo
ple to prevent, i. 552.
Imports, value, 185-23, ii. 258.
784
INDEX.
Independent gov't, steps towards, i.
441-3.
Indiana, petition from, i. 374-5.
Indian Agent, White's endeavor to ob
tain appointment, salary, i. 254-5.
Indiana, attitude to H B Co., i. 36;
murders by, i. 41, 95-7, 136, 148-9,
179, ii. 92-5; demand missionaries,
i. 54-5; at missions, 81-3, 86-9;
diseases among, 81-3, 196-201; dis
turbance} by, 95, 162, 285-6, 412,
703-6, ii. 66-70, 205-32; 330-1, 342
-4, 369-96; cause of dissatisfaction,
650; accusation against Whitman,
652-3; threatened alliance, 684, 728
-9; execution of, ii. 80, 93-100, 636;
treaties with, 359-68; grand coun
cil, 362-7; wars with, 1855-6, 369-
96; extermination of, 397-412; con
duct on reservation, 489; Shoshone
war, 1866-68, 512-54; enlisted to
fight Inds, 530-1; Modoc war, 1864
-73,556-636; school, hist, of, 690.
Indian school, hist, of, ii. 690.
Indian wives, among H B Co., i. 9-10,
26-28, 47; character, 27.
Ingalls, David C., biog., i. 529.
Inyard, John, biog., i. 448; left for
Cal., ii. 47.
Iowa, liquor law applied in Oregon,
1844. i. 281.
'Iris,' steamer, ii. 481.
Iriquois, as' missionaries, i. 116.
Iron manufactures, hist, of, ii. 733-5.
Irwin, D., claim of, ii. 321; of anti-
slavery party, 359.
'Isabella', ship, wrecked, i. 41.
Isaiachalahis, murder by, ii. 94; trial
and execution, 96-100.
Ishalhal, brutality towards Mrs Whit
man, i. 660.
Island Milling Co., formed, i. 206-7;
work, i. 211.
Ison, S., of Senate, 1866-8; ii. 666-8.
Ivcs, Wm, contractor for surveys, ii.
269.
Iwality, district boundary, i. 310.
'Jackson,' ship, wrecked, ii. 300.
Jackson co'ty, organized, ii. 166; cre
ated, 553; hist, of, 712.
Jackson creek, gold discovered, ii. 186.
Jackson, Capt. James, Com'd. at Fort
Klamath, ii. 563; in Modoc war,
574, 622, 628.
Jackson, Pres., interested in colony,
i. 369.
Jackson, John K., biog., i. 463.
Jacksonville, co'ty seat, ii. 299; Ind.
attack of, 312.
Jacob, Nez Perce chief, i. 665; coun
sels, Mrs Spaulding, i. 665-6.
Jacobs, 0., candidate for Legis,, ii.
337; nominated U. S. Senator, 639.
Jaggar, I. E., perilous adventure of,
ii. 484.
James, John D., perilous adventure of,
ii. 484.
James, Capt. L. L., Com'd at Fort
Stevens, ii., 532.
'James, P. Flint', steamer, ii. 480.
Jamieson, Archibald, fate of, ii. 340.
Jamieson, Arthur, fate of, ii. 340.
'Janet', ship, ii. 48.
Japan, trade, i. 371.
Jayol, J. F., arrives in 1867, i. 326.
Jeffers, Joseph, biog., i. 628,
Jeffries, John T., biog., i. 529.
Jenkins, Willis, biog., i. 468.
Jennings, Capt. J., exped. of, ii. 522.
Jennison, Albert B., claim of, ii. 321.
Jessup, Ihos, S., on cost Mil. occ., i.
360.
Jesuit mission, difficulty with priests,
i. 742.
Jewett, John, biog., i. 656.
Jewitt, T. D., claim of, ii. 321.
'John Alleyne', schr, ii. 258.
John Chief, actions of, attacks troops,
ii. 406-9; surrender of, 410.
John Day mine, discovery of, ii. 479;
suffering at, 484.
Johnson, Miss Elvira, arrives Or., i.
156; work at mission, i. 160; at
Lapwai, 648.
Johnson H., chaplain of house, ii., 72;
school trustee, 78; signs memorial,
127; of an ti- slavery party, 359;
promulgates rep. doct'ns, 418.
Johnson, J. W., Pres. of University,
ii. 690.
Johnson, James, biog., i. 627; school
trustee, ii. 685.
Johnson, Neill, Presb. minister, ii.
682.
Johnson, Wm, views on gov't, i. 295;
high sheriff, 1843, 297.
Johnson, W. Carey, of anti-slavery
party, ii. 359; promulgates rep.
doct'ns, 418; nominated pros, atty,
637; biog., 637-8; of Senate, 1866,
666.
'Jo Lane', revenue cutter, ii. 488.
Jones, John, explor. party, i. 544;
meets immigrants, 562.
Jones, J. K. , killed by Inds ii. 373.
Jones, J. W., in immigrant party,
1859, ii. 463.
INDEX.
785
Jordan creek, acts of Inds on, ii. 501.
Jordan, M. M., killed, ii. 501.
Joseph, Chief, acts at council, ii. 336
-5.
* Josephine', brig, ii. 48; wrecked, 191.
Josephine Co'ty, established, ii. 415;
hist, of, 753-4.
Jourdan, with Farnham's exped. , 227.
'Joven Guipuzcoaria', bark, ii. 25.
Judiciary, ways and means, 1842, i.
304; reorganization, 605.
Judicial dist's, arranged, ii. 73-4, 164,
254; division of, 297; re-distributed,
308.
Judson L. H., missionary, i. 177;
trustee Or. Institute, 202; death,
1880, 225; magistrate, 304; legisla
ture, 307; mill-race, 440.
'Juliet', schr, wrecked, ii. 203.
Juliopolis, Red river, i. 315.
Jump Off Joe creek, fight at, ii. 387.
K
Kaiser, P. C., bibliog., i. 398.
Kaiser, T. D., Sec. and Capt. Or.
rangers, i. 283; leader immigrant
party, 393; biog. and bibliog., 398;
first to arrive at Dalles, 408; mem.
prov. gov't, 428, 431.
Kalispelms, mission founded among,
i. 327.
Kamehameha, iii. treaty with, i. 178.
Kamiah, missionaries at, i. 137-8;
mission, 331-2.
Kamiakin, Chief, acts at council, ii.
364-5.
Kane, Paul, work, i. 599.
Kasas, execution of, ii. 80.
'Kate Heath', brig, ii. 180.
Kautz, Lt., at Fort Orford, ii. 233; in
exped., 313; fight with Inds, 374.
Kearney, Bvt Maj. of mounted rifles,
ii. 81; exped. against Inds, 225-32.
Keath, F., killed by Inds, ii. 315.
Keeler, G. W., Representative, 1860,
ii. 452.
K^ane creek; named, i. 546.
Keene, Granville, killed by Inds, 371.
Keene, Wm, murder by, trial, ii. ] 56.
Keintpoos, see 'Capt. Jack.'
Kelley, Hall J., arrives, i. 17, 89; on
term Oregon, 22-3; advocates miss,
labors, 56; prominence in settle
ment, 67-70; plan of city, 69; pur
pose, 89; adventures, 89-90; bad
report of, 91; relation to H. B. Co.,
91-4, 99; leaves Or., 94; on Or.
question, 365; emigration scheme,
367; poverty of, 369.
OR. II. 60
Kellogg, Orin, biog., i. 752.
Kellogg, Orrin, biog., i. 528.
Kelly, Rev. Clinton, biog., i. 752.
Kelly, with Farnham's Or. exped.,
228.
Kelly, James K., commissioner to
prepare laws, ii. 150; in explor.
exped., 176; biog., 182; of council,
1853-7, 323, 349, 413, 417; of con-
stitutional convent., 423; U. S.
att'y, 443; senator, 1860-3, 452,
638.
Kelly, John, at Cal. mines, ii. 185;
register of lands, 669.
Kelly, Wm, capt. of Or. vols, ii. 491;
at Ft Vancouver, 532; in Modoc
war, 585-9.
Kelsay, Col, in fight at the Meadows,
ii. 402.
Kelsay, John, of const, convention,
ii. 423.
Kendall, Thos Simpson, biog., i. 530;
of anti-slavery party, ii. 359; del.
to convention, 418; school trustee,
682.
Kendall, Wm, murder by, trial, ii.
155, 156.
Kenny, D. M., favors new ter. scheme,
ii. 255.
Kennedy, Ezekial, destitute, i. 546;
biog., 571.
Kennedy, I., in Ind. exped., ii. 313.
Keplin, Capt., on Or. coast, i. 94.
Kesner, Chas, in Snake river massa
cre, ii. 472.
Kester, I., murder of, ii. 523.
Keyes, Morgan, biog., i. 528-9.
Keyes, Robert C., deposition about
Cal., i. 552.
Kiamasumpkin, murder by, ii. 94;
trial and execution, 96-100.
Kilborne, R. L., with Farnham's ex
ped., i. 227, 237; ship-building, 247.
Kilborne, Wm, on Columbia, i. 414;
treasurer, 606; ii. 63; of Or. Ex
change Co., 54; signs memorial, 127.
Killin, John, biog., i. 531.
Kimball, Mr and Mrs, at Waiilatpu,
i. 647.
Kincaid, R. H., author of peace coin-
mis., ii. 595.
King, Alex., exped. of, ii. 305.
King, T. Butler, established Port Or
ford, ii. 193.
King, W. M., of H. of Rep., 1850-1,
1857-8, ii. 142, 161, 429; biog., 143;
notary, 298; port surveyor, 309.
Kingsley, Calvin S. , trustee of univer
sity, ii. 299; Meth. preacher, 677.
Kinney, A., arrival of, ii. 139.
786
INDEX.
Kinney, Charles, actions in 'Albion'
affair, ii. 105, 100.
Kinney, R. C., biog., i. 633; of H. of
Rep., ii. 72, 158; trustee of Or.
academy, 168; of const, conv, 423.
Kinsey, T. S., biog., i. 636.
Kip, Lieut Lawrence, at Ind. council,
ii. 362; works of, 362, 363.
Kirkpatrick, I. M., in com'd at Port
Orford, ii. 193; attacked by Inds,
194; of assembly, 429.
Kistler, Lieut A. C., at Camp Watson,
ii. 532.
Klamath co'ty, hist, of, ii. 714.
Klamaths, the, treaty with, ii. 506;
advancement of, 562; in Modoc war,
577-89.
Kliketats, missionaries among, i. 181;
insolence of, ii. 67.
Kline, Jacob, on grand jury, ii. 354.
Klokamas, murder, by, ii. 94; trial
and execution, 96-100.
Knapp, Capt. 0. C., Ind. agent, ii.
559; relieved, 563.
Knapp, Rich. B., biog. of, ii. 719.
Knaust, Charles, killed on the 'Ga
zelle,' ii. 340.
Kiiighton, H. M., biog., i. 576.
Knott, A. I., in Caruther's land affair,
ii. 288.
Knox, Samuel, in survey exped., ii.
248.
Kone, Mrs, missionary, i. 177; at
Clatsop miss., 187.
Kone, Rev. W. W., missionary, i. 177;
at Clatsop miss., 185-7.
Kyle, Lieut I. G.f in Modoc war, ii.
581-4.
L
Ladd, W. S., biog. of, ii. 764.
La Dow, Geo., elected to congress,
biog., ii. 675.
Lafayette, founders of, ii. 251.
Laggett, Jonathan, biog., i. 528.
Lake co'ty, hist, of, ii. 715.
Lambert, David, del. to convention,
1857, ii. 418.
Lambert, G. W., of anti-slavery party,
ii. 359.
Lamerick, John K., leader of exped.
against Ind., ii. 241; elected, brig.-
gen., 389; campaign of, 402-3; in
confed. service, 456.
Lancaster, C. , returns from Camp Co
lumbia, i. 258; leaves for Cal., ii.
47; supreme judge, resigns, 63;
mem. of council, 158.
Land, laws relating to, i. 311, 477-8;
ii. 260-95.
Land claims, com. 1842, i. 304; dis
putes regarding, 459-60; confirma
tion asked, 607.
Land grants, petitions for, i. 367;
acreage to male adults, 374.
Lane co'ty, established, ii. 150; mil
itia of, 386; hist, of, 715.
Lane, Joseph, governor, off'l actions,
1849-50, ii. 66-100; resigns, 98; del.
to congress, actions, 153-4, 206,
299-310, 355-8, 419; exped. against
Inds, 219-22, 315-20; lieut-col of
militia, 325; of Coos Bay Co., 332;
decrease of popularity, 439; aspires
to presidency, 447; disloyalty of,
455-6; death, 456.
Lane, L. F., of assembly, 1864-5, ii.
665; elected to congress, 670.
Lane, Nathaniel, biog., ii. 98; claim
of, 321; enrolling officer, 390.
Lane, Richard, justice of peace, i. 612;
co'ty judge, biog., ii. 62.
Lapwai, miss, built, i. 136; threatened
attack on, 268; Inds hostile to, 330;
description of, 336-7; abandoned,
341; assistance for, 345.
Laramie, discussion as to site of mili
tary post, i. 376.
La Rocque, George, biog., i. 636-7.
Lash mutt, Van B. de, mention, ii. 749.
Laughlin, Samuel, biog., i. 635.
' Lausanne, ' ship, i. 171, 177-8, 182,
184, 197, 237, 254.
Lava beds, Ind. fight at, ii. 539-45;
Modoc war, 583-627.
Laws under H. B. Co., i. 47-50, 235-6;
requirements of, 292, 310-11; free
dom, 307; compilation of, ii. 149.
Lawrence, Hy., killed by Inds, ii. 395.
Lawson, James S., in survey exped.,
biog., ii. 249.
Lawyer, Nez Perce chief, i. 133;
shrewdness, 336; actions at council,
ii. 364-5.
Leary, Lieut P., in Modoc war, ii. 619.
Le Bas, arrives in 1847, i. 326.
Le Breton, Geo. W., with White, 1843,
i. 275; killed, 282-3; clerk, pub. re
corder, 294; sec. at Champoeg con
vention, 303; clerk of court, 304;
nomination, 312.
Leclaire, Guillaume, on Umatilla, i.
327-8; deacon, 654.
Lee, Barton, mem. P. L. L. C., i. 297;
justice of peace, 612; left for Cal.,
ii. 47.
Lee, Daniel, character, i. 56-8; mis
sionary, 60-5, 73; builds miss., 78-
80; visits Hawaiian isl., 84; at
Willamette miss., 154, 159, 230; at
INDEX.
787
the Dalles miss., 163-6, 190, 242;
meets Sutter, 165; marries, 182-3;
at Clatsop miss., 185; proselyting,
320; on Whitman, 343.
Lee, E. Trumrell, Presb. minister, ii.
681.
Lee, H. A. G., character, i. 455; legis
lator, 1845, 472, 474, 481, 493; edi
tor, 575; com'd Or. army, 730, 732;
supt Ind. affairs, 730-2; resigns, ii.
62.
Lee, Jason, character, i. 56-8, 61-3,
214, 220-1; miss, trip to Or., 59-65,
73; builds miss., 79-80; miss, work,
81, 160; relation to Kelley, 94;
meets U. S. agent, 102; meets
Parker, 113; receives Whitman's
party, 135; Willamette cattle co.,
140-3; marries, 159; as a colonizer,
166-8, 184, 190-8, 201-18, 226; me
morial to congress, 168-9, 172-7;
goes east, 169-78, 183, 318-20; death
of wife, 170; again marries, 177,
183; censured, 183; supt of missions,
190; ii. 677; among the Umpquas,
i. 192-6; quarrel with White, 196-
7; trustee Or. institute, 201-2; dis
pute Willamette falls, 203; duplicity
Or. city claim, 214-16; opposes Mc-
Loughlin, 215-18; superseded as
supt, 218; death, 220; at Willamette
miss., 230; meets Wilkes, 246; on
Or. question, 372.
Lee, Nicholas, biog., i. 753; school
trustee, ii. 678.
Lee, Wilson, biog., i. 571-2.
Leese, J. P., in S. F. bay, i. 144; Or.
pioneer, 266.
Leggett, Thomas, co. assessor, i. 612.
Legislature, first meeting, i. 305; ju
diciary laws proposed, 306-10; pro
ceedings, 427-45, 680-1; ii. 58-63,
72-9, 141-72, 296-8, 322-9, 349-54,
413-15, 417-18, 429-30, 436-8, 443-
4, 452-^, 475, 637-76; oath, i. 473;
power, 475-6; act for raising army,
680-1; criticism on acts, ii. 54, 55;
hrst meeting; amendts., 1887, 762.
Leisler, James, claim of, ii. 321.
Lemon, John, biog., i. 527.
Lennox, David, T.. biog., i. 421;
school trustee, ii. 684.
Leonard, shooting scrape; ii. 37.
Leonard Sam'l, murder of, ii. 523.
Leslie, Aurelia, death, i. 200.
Leslie, Rev. D., at Willamette, miss.,
i. 161; on school com., 201; trustee
Or. Institute, 202; names Salem.
222; justice of peace, 236; chairman
at public meeting, 293; attempts
revival, 320; chaplain of council, ii.
72; university trustee, 299; Meth.
preacher, 677.
Leslie, Satira, marriage, death, i.
1 99-200.
' L'Etoile du Martin, 'brig, i. 326; ii. 48.
Lewes, J. L., appearance, character,
Lewis, C. H., biog. of, ii. 764-5.
Lewis, co'ty, named, i. 493; created,
538; E. limits defined, ii. 166.
Lewis, H. C., of court convention, ii.
423.
Lewis, James, settler, i. 458.
Lewis, Joe, informs Indians of con
spiracy to poison, i. 652-3.
Lewis, W. B., in fight with Inds, ii.
377-8; capt. of vols, 379.
Lewiston, founding of ii. 482.
Libraries, hist, of, ii. 694.
Light Houses, ii. 248.
Limerick, L.. del. to convention 1857,
ii. 418.
Lincoln, Abraham, offered governor
ship, declined, ii. 139.
Lindsay, J. J., biog., i. 754.
Lmenberger, David, biog., i. 753.
Linn city, named, i. 536; co'ty seat,
ii. 151; flood at, 483; hist, of, ii.
715, 716.
Linn co'ty, hist, of, ii. 715-16.
Linn, Lewis F., presents Or. memor
ial, i. 176; bills of, 217-18, 372-81;
on Or. question, 349; occupation
Or. ter., 370; biog., 381.
Linnton, named, i. 415.
Linnville, Harrison, leads immigrants,
i. 559; legislator, ii. 58; school fund
commis'r, 299; R. R. commis'r, 696.
Lippincott, wounded, i. 561.
Liquor, laws regarding, i. 249. 281,
437, 537-9; efforts to suppress
traffic, ii. 37.
Literature, hist, of, ii. 691-2.
Little, Anthony, favors new ter.
scheme, ii. 255.
Little- Dalles, shipwreck at Falls,
1838, i. 316.
Little John, P. B., missionary, i. 239-
40, 244; with White, 268-9; drown
ing of son, 272; tour, 342; 'Llama,'
ship, i. 143, 144, 201.
Lloyd, John, biog., i. 529.
Lloyd, W. W., biog., i. 529.
Loan, negotiation, i. 671; correspon
dence, i. 672-5.
Loan Commissioners, petition people
— amount obtained, difficulty in
obtaining cash, i. 675-6.
Locke, A. N., biog., i. 635.
788
INDEX.
Lockhart, F. G., of Coos Bay co., ii.
332; of const, convent., 423; of H. of
rep., 666, 671.
Locktrig, L., killed by Inds, ii. 315.
Logan, David, att'y, ii- 158; of H. of
rep., 349; of const, convent., 423;
nominated for congress, 446; de
feated, 669.
Long, J. E., sec. of House, i. 429,
496; biog., 429; director Or. Print
ing assoc., 536.
Long, Sylvester, drowned, ii. 396.
' Loo-Choo, ' ship, wrecked, ii. 300.
Looking Glass Chief, act at council,
ii. 364-5.
Looney, Miss, presents flag to Or.
rangers, i. 583.
Looney, Jesse, leader immigrants, i.
394; death, 421; legislator, 604-5.
Lop-ears, term for Oregon settlers, i.
19.
Lord, Corp. Wm C., killed, ii. 424.
Loring, W. W., Brev. Col, com'd of
mounted rifles, ii. 81.
'Loriot,' brig., i. 100-1, 140, 142-3,
154.
Lost river, named, i. 548.
' Lot Whitcomb, ' steamer, hist, of, ii.
255.
Loughborough, John, leaves emigra
tion 1843, i. 397.
Louisiana Co., emigration, i. 369.
Louis Philippe, King of France,
grants money to Blanchet, i. 326.
Lovejoy, A. L., escapes Sioux, i. 260.
overland journey 1842, 343; meets
immigration, 398; biog., 415; mem.
prov. gov't, 428; candidate for gov.,
471-2; loan commisr, 671-6; elected
adj. gen., 680; left for Cal., ii. 47;
H. of rep., 58, 71, 349, 417, su
preme judge, 63; speaker of House,
72; school trustee, 78; mem. of
council, 161, 296; postal agent, 309;
of const, convent., 423; commis.
gen., 438; pension agent, 459; di
rector Or. Cent. R. R., 699; founded
Portland, 717.
Lovelady, Presley, in Ind. exped., ii.
224.
Lovelin, Mr, kills Indian, i. 561.
Lowe, Dan, killed on the 'Gazelle,'
ii. 340.
Luce, H. H., settler at Coos bay, ii.
334.
Lucier, E., guard to missionaries, i.
113; on gov't com., 297, 301; meets
R. C. priests, 317.
Luckiamute, the, treaty with, ii. 211.
Luders, on Columbia, i. 420.
Luders bay, named, i. 420.
Luelling, Henderson, biog., i. 637.
Lugenbeel, Maj., com'd at Colville,
ii. 488.
Lugur, F., leaves emigration 1843, i.
397.
Lumber, trade, i. 353; ii. 726-9, 758-9.
Lupton, I. A., favors new ter. scheme,
ii. 255; massacre by, 372; of H. of
rep., 1855-6, 414; death, 414.
Lutheran church, hist, of, 687-8.
Lyman, in explor. exped., ii. 176.
Lyons, James, in fight at lava beds,
killed, ii. 344.
M
Macey, Wm, exped. of, ii. 305.
Mack, settler, bibliog., i. 423.
Mackenzie, map, i. 22.
Mackie, Peter, 1st mate of ' S. Rob
erts,' ii. 176.
Macleary, Donald, biog. of, ii. 719.
Macomber, Lt Geo., A. A. insp. gen.
Columbia dept, ii. 531.
Madigan, Lt John, in fight at lava
beds, killed, ii. 552, 544.
' Madonna,' ship, i. 245; ii. 48.
Magruder, E. B., biog., i. 469.
Magruder Theophilus, associate
judge, i. 450; biog., 469; of Or.
Exchange co., ii. 54; sec. of terr.,
63.
Maguire, Jerry, biog., ii. 396.
Mahoney, Jeremiah, murder of, ii.
156.
Mails, facilities for, ii. 29-30; peti
tions for, 436.
Mail service, efforts for in congress,
ii. 186-91; ocean, 302; appropria
tions for, 328.
'Maine,' whaler, wrecked, ii. 24.
Major, Dan G., contract of, ii. 649.
' Maleck Adhel,' ship, ii. 248.
Malheur Mts, hardships on, 1845, i.
512-14.
Malheur river, gold discovered, i.
512.
Mallory, Rufus, of H. of rep., 1862-
3, ii. 636; elected to congress, biog.,
669.
Mann, S. S., in explor. exped., ii.
176; wreck master, 299; settler at
Coos Bay, 334.
Manson, Donald, at Ft George, i. 29;
life as a fur trader, 40-1.
Manufactures, hist of, ii. 726-38.
Marion co'ty, raises co., i. 702; hist,
of, ii. 716-17.
Marine Gazette, newspaper, i. 575.
INDEX.
789
Maps: forts in Or., 1834, i. 12; Car
ver's, 20; Cooke's, 23; Mackenzie's
22; Payne's, 24; Parker's travels,
120; Clatsop country, 186; Umpqua
river, 194; Rogue river and Umpqua
val., ii. 380; Idaho camps and
forts, 513; E. Or. camps and forts,
516; Modoc country, 560.
Matherman, A., in Snake river mas
sacre, ii. 472.
Marks, John, biog., i. 627.
Marks, Wm, of anti-slavery party,
ii. 359; del. to convention, 418.
Marple, P. B., of Coos bay co., biog.,
ii. 331.
Marriages, in 1838, i. 318; laws re
lating to, 309, 436-7; in 1846-8, ii.
38-9.
Marshall, J. W. discovers gold, ii. 42,
43.
Marshall, Maj. L. H., comd. of Ft
Boise, ii. 519; exped., 520; defeat
of, 521.
Martin, F. B., of H. of rep., 1852, ii.
296; favors slavery, 422.
Martin, H., mem. for Cal. govt ar
rived 1840, i. 301.
Martin, Hy, exped. of, ii. 479.
Martin, James P. , exploring party, i.
532.
Martin, Wm J. , pilots immigrants, i.
400; of H. of rep., 1848-9, 1853-4,
ii. 58, 59, 323; col of militia, 325;
pursuit of Inds., 326; maj. of vols,
386.
Martin, William, unfair treatment, i.
730.
' Mary, ' steamer, ii. 480.
'Mary Dare,' ship, ii. 43; seizure of,
107.
' Mary Ellen,' brig, ii. 48.
'Maryland,' ship, i. 186, 244.
' Mary Wilder,' brig, ii. 48.
Mason, Gen. E. C., acts in Modoc
war, ii. 582, 591-619.
Masonic lodges, charters, ii. 30-31,
415.
Massachusetts, interested in Or., i.
367.
' Massachusetts,' ship, ii. 69.
Massey, E. L., biog., i. 754; enrolling
officer, ii. 399.
Matheney, Daniel, leader immigrant
party, i. 394; biog., 421.
Matheney, Henry, biog., i. 421.
Matilda, interpreter, ii. 598, 599.
Matlock, W. T., of H. of rep., ii. 72,
143, 158, 296; librarian, 79; del. to
convention, 418; receiver of land-
office, 458.
Matthews, F. H., district judge, i.
496.
Matthieu, F. X., biog. and bibliog.,
i. 259; constable, 304; presd't Piou.
Soc., ii. 693.
Mattice, F. D., death of, ii. 370.
Mattock, W. S., circuit judge, ii. 63.
Mattock, W. T., nominated U. S.
senator, ii. 639.
Matts, Chas, ship-building, 247.
Matzger, Wm, of const, convention,
ii. 423.
Maupin, Howard, attack on Inds, ii.
534.
Maury, R. F., It-col of Or. vols, ii.
491; sent on exped., 493; nomi
nated U. S. senator, 639.
Maxon, Capt., assumes command Or.
army, i. 725.
Maxwell, H., at Fort Vancouver, i.
42.
May, Sam'l E,, sec. of state, ii. 637;
crime of, 659, 670-71.
'Mary Dacre,' ship, i. 14, 15, 63-4,
112.
Maynard, Rob't, crime and execution
of, ii. 156.
McAllister, Indian mission, i. 55.
Me Arthur, Lt W., in survey exped.,
ii. 190.
McAuley, Dr, miss, meeting, f. 59'.
McBean, W., in charge at Ft Walla
Walla, i. 42, 642; assists those es
caping massacre, 661.
McBride, Geo. W. , sec. of state, ii. 760-1 .
McBride, James, biog., i. 630-1; left
for Cal., ii. 47; supt of schools,
79; supports Gov. Lane, 93; of
council, 142; trustee Or. academy,
167; exped. of, 479.
McBride, John R., del. to convention,
ii. 418-23; senator, 1860-3, 452,
638; nominated for congress, 637.
McFaddon, Jno., joint brickmaker, i.
328.
McCall, I. M., of anti-slavery party,
ii. 359.
McCarver, M. M. , incident as leader,
i. 400; biog., 415; mem. prov. govt,
427; speaker of house, 428, 472-473;
act regarding organic law, 485-489;
resigns speakership, 488; left for
Cal., ii. 47; com. -gen. of militia, ii.
325.
McClane, J. B., biog. and bibliog., i.
398; descends the 'Columbia, 407;
explor. party, 532; post-master, ii.
187.
McClelland, S. R., of anti-slavery
party, ii. 359.
790
INDEX.
McClosky, John, signs memorial, ii.
127.
McCluchy, Geo., killed by Inds, ii.
395.
McClure, I. R., of anti-slavery party,
ii. 359.
McClure, John, biog., i. 266-7; legis
lator, 473, 481; in charge of Shark
house, 588.
McConnick, Rev. P. F., biog., i. 634.
McCormick, S. I., of const, conven
tion, ii. 423.
McCoy, Jno., of anti-slavery party,
ii. 359.
McCracken, John, chief clerk of
house, ii. 323; It-col of militia, 325;
of 0. C. R. R., 698.
McCrary, Richard, distillery owner,
i. 281.
McCue, Felix, drowned, ii. 396.
McCully, H. F., of anti-slavery
party, ii. 359.
McCullock, Perry, exped. of, ii. 479.
McCullough, Pat, killed by Inds, ii.
395.
MeCurdy, I. D., in Ind. exped., ii.
313. *
MeCurdy, John, biog., ii. 714.
McDonald, A., at Ft Hall, i. 42; at
Ft Colville, 122; with White's
party, 261; legislator, 604-606.
McDonald, Harley, biog. of, ii. 725.
M cDougal, guide for immigrants, 1845,
i. 511.
McDowell, Gen., requisition for cav
alry, ii. 510; app't'd to com'd of
Pa'c dist, 510-11.
McEldery, Dr, in Green's exped., ii.
574.
McFadden, O. B., associate judge,
biog., ii. 307, 308.
McGee, Michael, killed on the 'Ga
zelle,' ii. 340.
Mclntire, A., favors new ter. scheme,
ii. 255; of H. of Rep., 1854-5, 349.
Mclntosh, Archie, exped. of, ii. 537.
McKay, murder by Ind. at Pillar
rock, L. Col., 1840, i. 292.
McKay, Donald, in com'd of scouts,
ii. 497; acts in Modoc war, 586, 587,
615, 625.
McKay, Nancy, marriage, i. 159;
death, i. 160.
McKay, Thos, farmer, i. 15; at Ft
Vancouver, 33; character, 33-4; at
Ft Hall, 62; with missionaries, 131-
3; explor. party, 532; raises co.,
702; pilots co. to Cal., ii. 44.
McKay, W. C., app't'd to raise Ind.
co., ii, 531.
McKean, M. M., of assembly, 1866,
ii. 666.
McKean, S. T., biog., i. 636, of coun
cil, ii. 71, 142.
McKinlay, A., at Ft Walla Walla, i.
35, 334, 642; address to Nez Perces,
269-70; advice to Whitman, 342;
gallantry, 345; signs memorial, ii.
127.
McKinney, I., Meth. preacher, ii.
677.
McKinney, William, biog., i. 634; at
Dalles, ,667.
McLane, David, killed on the 'Ga
zelle,' ii. 340.
McLeod, D., arrives Oregon, death, i.
41.
McLeod, John, in Ind. exped., ii. 240.
McLoughlin, John, at Ft Vancouver,
i. 7-10, 28-9, 52-3; appearance, 29-
30; character, 30, 42-5; authority,
48-50; marriage, 52; receives Lee's
exped., 63-4; plan of Or settlement,
67; relations towards Young, 91-5,
97-9; policy to settlers, 97; policy
to U. S. agents, 101-3; receives
missionaries, 112, 131-5, 154, 184;
aids Willamette cattle co., 141; Or.
city claim, 203-18, 223-4, 311; ii.
125-7; charges against, i. 207-8;
meets Farnham, 230; attitude to
miss, settlers, 233; opposes ship
building, 247-8; visits Cal., 251;
treat of Red River settlers, 252;
aids White's party, 264; opposes
Inds, 275; advice to Inds, 277;
views on Cockstock's killing, 283-4;
position on govt formation, 297;
joins R. C. church, 322; store in
Or. city, 326-7; treat of immigrants,
410-11, 416, 456-7; canal right,
440; treat by legislature, 443; op
position to, 464-5; joins political
compact, 493-6; resigns from H. B.
B. Co., 505; financial troubles, 506;
citizenship of U. S., 506; retired,
598; claims trespassed upon, 61 0;
witness at. Ind. trials, ii. 97; injus
tice to, 125-7; death of, 130; por
trait at Salem, 1887, 763-4.
McLoughlin, John, j r, death , i. 36-7, 236.
McLoughlin, Maria E., marries Rae,
i. 36.
Me Mali on, Richard, signs memorial,
ii. 127.
McMinnville college, origin of, ii.
684.
McNamara, Serg't John, in Modoc
war, ii. 588.
McNamee, Mrs Hannah, biog., i. 528.
INDEX.
791
McNamee, Job. biog, i. 528.
McNary, Laodicea, biog., i. 531.
McTavish, Dugal, at Ft Vancouver,
i. 42; County Judge, resigns, ii.
62.
Meadows, Joseph, exped. of, ii. 305.
Meacham, Sup't, official acts of, 552,
558-67; relieved, 567; come to Mo-
docs, act of, 595-612; wounded,
612; at trial, 635.
Meacham John, Ind. agent, ii. 563;
report of, 565.
Meara, Serg't, in fight at lava beds,
killed, ii. 542, 544.
Measles, devastating, i. 648-50, 653.
Meek, Joseph L., biog., i. 244; chain -
peog convention, 303-4; sheriff, 304;
marshal, 497; mem. of leg., 604;
messenger to congress, 676-9, 756;
debut at Wash., 757-8; acts in Al
bion affair, ii. 105; col of militia,
325.
Meek, S. H. L., founds Oregon city,
i. 205; meets White's party, 258;
guide, 512; life threatened, 513-15;
petitions for road charter, 532.
Meek, William, biog., i. 637.
Meigs, C. R., of court convention, ii.
423.
Menes, Captain, biog., i. 326-7.
Menestry, Father, arrives in 1847, i.
326.
Mengarini, on term Oregon, i. 19.
' Mercedes,' ship, ii. 48.
[erril
240.
Merritt
ties, snip,
, F. W.,
in Ind. exped., ii.
Merrill, Ashbel, biog., i. 637.
Merrill, Joseph, biog., 2. 635-6.
Mesplie, T., arrives in 1847, i. 326.
Metcalfe, R. B., in Ind, exped., ii.
316; claim of, 321; Ind. agent, 360.
Methodist church, missionaries, acts
of, i. 54-65, 154-83, 184-225; affairs
investigated, 219-21; Wilkes visit
miss, 247; missions, descript., of,
292-3, 311, 660; Whitman purchases
miss, 644; hist, of, ii. 677-8
Military Posts, location, object, i.
374-6; opinion for establishing 381;
established 1848-50, ii. 83-7.
Military reservations, declared, ii.
89-92; U. S. court decision, 91.
Grande ronde, 397.
Military roads, appropriations for, ii.
75, 305-6, 436.
Military, situation, ii. 344-7.
Militia, law enacted, ii. 324; organ
ized, 386
Millar, Mrs, injured on the 'Gazelle,'
ii. 340.
Millar, Rev. I. P., killed on the 'Ga
zelle,' ii. 340.
Miller, C. H., in Ind exped., ii. 497.
Miller, G. M., founds Florence, ii. 757.
Miller, H. F., conduct in Modoc af
fair, ii. 565, 569; death of, 576.
Miller Island, mil. reser., 1850, ii. 89.
Miller, Joaquin, works of, ii. 692.
Miller, Jacob W., killed, ii. 383.
Miller, John F., of H. of rep., 1853-
4, ii. 323: nominated Gov., 638;
com. of board of agric., 661; Or.
Cent. R. R., 699.
Miller, John K., killed on the 'Ga
zelle.'
Miller, John S., claim of, ii. 321;
lieut of vols, 386; of H. of rep.,
1856-7, 417; school trustee, 685.
Miller, Minnie M., works of, ii. 692.
Miller, Rich., of council, 1850, ii.
142; of const, convention, 423.
Miller, Win, del. to convention 1857,
ii. 418.
Miller, Lieut, W. H., in Modoc war,
ii. 589, 616, 622.
Mill Creek, Waiilatpu mission, i. 337.
Mills, at Ft Vancouver, i. 9, 234;
Chemeketa plains, 192; Willamette
falls, 203-8, 211-13, 217, 222.
Mills, Y. L, killed by Inds, ii. 312.
Milton, founders of, ii. 252, town des
troyed.
Milton Creek, mill on, ii. 50.
' Milwaukie, ' schr, ii. 48.
Milwaukie, founding of, ii. 251.
Mines, discovery of, John Day Pow
der river, ii. 479; hist, of, 738-44.
Mining, hist, of, ii. 738-44; revival of,
products, etc., 754.
Mint, question of, 1849, ii. 52-3.
Minto, John, biog. and bibliog., i.
451-2; joins Cal. exped., 679; of H.
of rep., 1862-3, 1868, ii. 638, 668.
Minto, Martha, biog. and bibliog., i.
451-2.
Missionaries, labors of, i. 17, 54, 78-
138, 154-225, 318-30; agric. under,
80-4, 192-3; women as, 125-38; ig
norance of hygiene, 190; opposed to
White, 280 ; treat, of immigrants, 416.
Missionary republic, failure, i. 470-1.
Missionary, wives, outrages upon, i.
662-3.
Missions, buildings, i. 78-80; un-
healthiness of, 86; Calapooya, 163;
Clatsop, 185; Nisqually, 188;
Dalles, 190; diseases at, 190; land
grabbers, 313.
Mission Life Sketches, bibliographi
cal, i. 287.
792
INDEX.
Missions, American Board of Com
missioners for foreign, plans for
western work, i. 104.
Missouri, petition from, i. 375.
Mitchell, J. H., sen., 1862-5; ii. 638,
665; U. S. sen., 667, 672; biog., 672;
approp. for public works, 757.
* Modeste, ' English man of war, i.
447, 499, 574, 587, 599; officers of,
576.
Modoc, origin of name, ii. 555.
Modoc lake, discovered, i. 547.
Modoc war, 1864-73, ii. 555-636.
Modocs, murders by, ii. 489; treaty,
506; war, 1864-73, 555-636.
Moffat, killed by Ind., ii. 235.
Mofras, Duflotde, visits Or., 250.
Molallas, Inds, i. 282; treaty with,
ii. 211.
Monmouth college, hist, of, ii. 687.
Monroe, Pres., message Or. question,
i. 361-2.
Monroe, E., attack on Inds, ii. 575.
Monteith, Thomas, biog., i. 632; joins
Cal. exped. 679.
Monteith, W. I., Presb. minister, ii.
681.
Monteith, Walter, biog., i. 632; joins
Cal. exped., 679; sch. trustee, ii. 682.
Montgomery, J. Boyce, biog., ii. 705;
purchase of Albina, etc., 752.
Montoure, George, exploring party,
i. 532.
Moody, Z. F., elected gov., biog., ii.
675; administration of, 760.
Moore, Lieut, in Modoc war, ii. 588.
Moore, Andrew S., biog. of, ii. 713.
Moore, E., favors New ter. scheme,
ii. 255.
Moore, George, biog., i. 527.
Moore, Henry, exped. of, ii. 479.
Moore, Jackson, leaves emigration
1843, i. 397.
Moore, James H., in survey exped.,
ii. 248.
Moore, Robert, with cattle co., i.
145; biog. 237-8; on gov't com.,
294, 304; elected J. P., 312; pro-
poses gov't seat, 536; purchases Or.
Spectator, 575; signs memorial, ii.
127.
Moores, Isaac R., mem. H. of rep.,
ii. 413, 638, 665; of cons't. conven
tion, 423; Or. Cent. R. R., 698-9.
Morgan, Wm. H., petition favoring
Modocs, ii. 634.
Morris, Capt., arrest of, ii. 103.
Morris, B. Wistar, bishop, ii. 686.
Morris, M. B., in Ind. exped., wound
ed, ii. 313.
Morris, Col. T., in com'd at Vancou
ver, ii. 460.
Morrison, R. W., biog, i. 449; county
treasurer, 612; mem. H. of rep.,
1858, ii. 432.
Morrow, Gbv., mention of, ii. 757.
Morrow county organized, ii. 757.
Morse, David, jr., mention of, ii. 757.
Morse, W. B., Meth. minister, ii. 677.
Morton, S. E., rep., 1860, ii. 452.
Moses, S. P. , coll. at Puget Sound, ii. 108.
Mosher, L. F. , favors New ter scheme,
ii. 255; Senator, 1870, 671.
Mosier, Alice Claget, biog.
Moss' Pioneer Times, MS., bibliog.,
i. 265.
Moss, S. W., biog., i. 265; mem. P.
L. L. C., 297; signs memorial, ii.
127; works of, 691.
Mott, C. H., Ind. commis'r, ii. 412;
joins Confed. service, 456.
' Mountain Buck,' steamer, ii. 480.
Mountains, Or., 2-3.
Mount Baker, eruption, ii. 41.
Mount Hood, ascent of, 1854, ii. 335.
Mount Jefferson, first ascent of, ii.
335.
Mount St Helen, eruption, ii. 41.
Mount Spencer, named, i. 484.
Mounted riflemen, organization, i.
578-9; bill to raise, 670-1; mem
bers, 671; flag presented, 672; ac
tions of, ii. 81—100; desertions from,
88-9; departure, 100.
Mud Springs, named, i. 550.
Mulligan, C., early settler, ii. 299.
Multnomah Co'ty, created, ii. 354;
hist, of, 717; value of prop, in, 753.
Munger, A., Or. missionary, i. 238-9;
character, death, 239-40.
Munson, C. G., in Snake river massa
cre, ii. 472.
Murphy, Pat, in explor. expedt., ii.
Myers, John, in Snake river massa
cre, ii. 471.
My^rs, Joseph, in Snake river massa
cre, ii. 472.
Myrick, Mrs J., i. 37.
N
'Nassau,' ship, ii. 202-3, 300.
Natives, see Indians.
Naylor, T. G., biog., i. 422, 571.
Negroes, feelings against, i. 284; ex
pulsion of, ii. 157-8; acts relating
to, ii. 665-6.
Nelson, Thomas, biog., ii. 155.
' Nereid ' ship, i. 50, 86, 143, 234.
INDEX.
793
Nesmith, James W., pion., '43, i. 393,
395; character, 402; judge, 472;
left for Cal., ii. 47; legislator, 58;
trustee Or. academy, 167; U. S.
marshal, 309; in Ind. expedt., 313;
brig. gen. of militia, 325; U. S. Sen
ator, actions, 453, 459, 674; R. R.
commis'r, 696.
Newby, B. F., injured on the 'Ga
zelle,' ii. 340.
Newcomb, Daniel, of co'ty convention,
ii. 423; mem. H. of Rep., 423, 434;
brig, gen., 438.
New Dungeness, light-house at, ii.
248.
Newell, Rob't, legis. com., 1842, i.
304; mem. prov. gov't, 1844, 428,
431; legislator, 472, 474, 604; ii.
58; Or. printing assoc., i. 536; left
for Cal., ii. 47; Ind. sub. agent, 70
-1 ; representative, 452; leased pen
itentiary, 644; R. R. commiss'r,
696.
Newmarket, settlement, i. 464.
' Newport, ' ship, ii. 333.
Newspapers, started, 1850-1, ii. 147;
political actions, 353-9; births at
state admission, 448-9; excluded
from mails, 492; number of, 692.
Newton, Mr, murdered, i. 564.
Nez Perces, missionaries among, i.
Ill, 115-19; religious rites, 116-18;
threaten Lapwai, 268; council with
White, 269-72; Spaulding's influ
ence, 330, 335; grammar made, 335;
cattle, stock, 346; council with com
mis'r, 718-21; ii. 361-6; treaty with,
366.
Nichols, Serg't, attack on, ii. 547.
Nichols, Benjamin, judge, i. 450.
Nichols, H. B., of const, convention,
ii. 423; of H. of Rep., 1858-9, 432,
434.
Nightingale, Gideon R., bioer., i. 528.
Niles, H., on term Oregon, i. 22; prop.
Weekly Register, 378.
Niles' Weekly Register, bibliog., i.
378.
Nisqually, mission, i. 188-90; Inds at,
319; attacked, ii. 67-9; fort near,
70; port of delivery, 107.
Nisqually Pass, explored, 1839, ii. 75.
Nobih, Giovanni, arrives, July 1844,
i. 325.
Noble, Curtis, set. at Coos Bay, ii. 334.
Noble, Mrs. Mary A., biog., i. 528.
Noland, Rhodes, killed by Inds, ii. 312.
Northup, Nelson, biog., ii. 333.
Norcross, A. I., mayor of Union and
Auburn, ii. 485.
Northern Pac. R. R., joint lease of 0.
R. & N. Co.'s line, ii. 748; injunc
tion against lease, 749.
North Litchfield Assoc. of Conn, send
exped. to Oregon, 238.
Northwest Coast, term embraced, i.
1; U. S. territorial rights, 254.
Notice bill, U. S. cong. passes, i. 589.
Nott, Joseph, trial of, ii. 156.
Nourse, Geo. , first settler in Klamath
county, ii. 507.
Nuns, arrival of, i. 325, 326.
Nus, Wm, death of, ii. 575.
Nuttall, at Fort Vancouver, i. 16;
expedt. to Or., 60, 85; names Or.
flora, 86.
Nye, Capt., in Columbia, i. 201, 422.
0
Oakland, laid out, 1849, ii. 180.
Oakley, with Farnham's expedt. , 227
-8.
Oatman, Harrison, wounded by Inds,
ii. 371; lieut. of vols., 510; fight
with Inds, 528, 529.
O'Beirne, Capt., fight with Indians,
ii. 530.
Oblate, Fathers, mission to Yakimas,
i. 327-8.
Oblates of Mary Immaculate, proceed
to Or., i. 654.
O'Brien, John, drowned, ii. 396.
' Ocean Bird, ' bark, ii. 48.
Odd Fellows, dispensation for estab
lishing, ii. 31.
Odell, W. H., surveyor gen., ii. 295.
Ocleneal, T. B., app't. supt. Ind.
affairs, ii. 567; off! act in Modoc
war, 569-72; app't. peace commis'r,
596.
Ogden, Maj. C. A., in survey expedt.,
ii. 248.
Ogden, P. S., character, i. 32; dis
covers Humboldt river, 32; com'ds
on Columbia, 598; at Walla Walla,
673-4; rescues captives, 685-97.
O'Kelly, Nimrod, trial of, ii. 156.
Olcott, Egbert, see Smith Noyes. ,
Olds, W., of const, convention, ii.
423.
Olinger, A., biog., i. 421.
Oliver, L W., killed by Inds, i.i 395.
Olley, James, death, i. 200
Olney, Cyrus, trustee of University,
ii. 299; associate judge, 307; of
const, convention, 423; mem. H. of
Rep., 666, 671; subsidy bill of, 697.
Olney, Nathan, Ind. agent, ii. 360;
recruiting officer, 497.
794
INDEX.
Olympia, port of delivery, ii. 170
co'ty seat, 299.
One-eyed Mose, of Capt. Jack's band,
ii. 576.
O'Neil, James, in cattle expdt. , i. 142
converted, 179; mem of col. gov't,
301, 304; judge, 312, 496; R. R.
commis'r, 696.
Ordinance, 1787, applied to Or., 1843,
i. 313.
Oregon, early extent, i. 1 ; geological
division, 1-6; natural resource.}, 4-
6; climate, 4-5; ii. 40-1; society,
1834, i. 9-10, 15-17; advent of nrn-
sionaries, 16-17; name, 17-25; law
under H. B. Co., 47-50; Meth.
missionaries, 54-65; early settlers,
63-77; 251-2; missionaries, 1G34-8,
78-103, 184-225; Presb. mission
aries, 104-38; colonization, 154-83;
event/, 1839, 226-52; Belcher on,
232-3; Farnham'srept, 236; Wilkes
visit, 2i3-9; U. S. claim to, 349-50;
limits, 348-5; message of executive,
429-30; land law provisions, 443-5;
negro immigration, 437-8; necessity
for better route, 542-3; war feeling,
1846, 573-99; propositiion of Brit
ish, 580; first flag, 588; boundaries,
591-4, 597-8; progress, 609; dis
gust with U. S. gov't, 615-17; ship
building, ii. 27; news of Cal. gold
discovery, 42; effect of, 51; gold
discovery, 1850-2, 174-204; cost of
Ind. war, 320-1; state admittance,
440-1; seal, 444; during war, 1861-
5, 456-8.
Oregon army, miserable condition, i.
726; objections against, 727.
Oregon and Cal. mission, organized,
1849, ii. 677.
Oregon and Cal. R. R: Co., charter
granted, ii. 696; purchase of, 747.
Oregon cavalry, 1st, hist, of, 1860-3,
ii. 493.
Oregon central military road co., ac
tions and grants, ii. 651, 653.
Oregon Cent. R. R., hist., ii. 696-706.
Oregon city, founding, i. 205, 207,
211-12, 217-18; progress, 265; Mc-
Loughlin's claim, 311; bishop's see,
327; first brick house, 328; jail,
439, 619; incorporated, 443; legis
lature at, 473, ii. 59; seat of gov't,
i. 536; post-office established, 614,
ii. 29; churches, 36; trial of Inds,
94-6; population, 1852, 251; flood,
1861, 483; first church, 677; water-
power at, 753.
'Oregon Democrat, ' newspaper, ii. 449.
Oregon's envoys, i. 754-67.
Oregon infantry, 1st, organized, ii. 509.
Oregon institute, founded, i. 201-3,
300; moved, 322; catholics offer to
purchase, 326; sale, 789-90.
Oregon Pac. R. R., construe, of, ii. 749.
Oregon pioneer assoc., object, offi
cers, bibliog., i. 394.
Oregon printing assoc., principles, i.
535-6; work done, ii. 31.
Oregon prov. emig. soc., organized,
purpose, i. 174, 176, 373.
Oregon R'y Co., purchased, ii. 747-8.
Oregon R'y & Nav. Co., bridge and
depot of, ii. 748; line of, leased, 748;
injunction against lease, 749; exten
sion of lines, 750.
Oregon rangers, formation, i. 283;
serv. of, 284-5; flag presented, 583.
Oregon ' Spectator, 'newspaper, i. 484,
575; suspended, ii. 43-4.
Oregon 'Statesman,' newspaper, ii.
147.
Oregon Steam Nav. Co., organization
of, ii. 480.
Oregon Temperance Society, organ
ized, i. 98.
Oregon 'Whig, ' newspaper, ii. 147.
Organic laws, amendment of 1845, i.
470-507.
Osborne, Bennet, explor. party, i. 544.
Oswego, founded, ii. 251; iron works
at, 752.
Otis, Maj., in Modoc war, ii. 567-70.
Overland mail, first daily, ii. 438.
Overtoil, Wm, owner of Port, land
claim, i. 791, ii. 281.
Owens, D. D., exped. of, ii. 300.
Owens, John, explor. party, i. 544;
at Ft Hall, 551-2; rescues immi
grants, 564.
Owens, Y. P., attack on Inds, ii. 318.
Owens, Thomas, biog., i. 421.
Owhi chief, opposes treaty, ii. 364.
' Owyhee, ' biog. , i. 40.
Owyhee river, battle of, ii. 520-1.
Pacific city, White, founds 1853, i.
290.
Pacific co'ty, established, ii. 150.
Pacific Journal, newspaper, ii. 448.
Pacific ocean, natural boundary of
U. S., i. 358.
5acific republic, scheme of, ii. 450-1.
'acific university, i. 138; ii. 680.
Pack wood, Elisha, biog. i. 530-1.
INDEX.
795
Packwood, Wm H., of const, conven
tion, ii. 423.
Page, Dan D., killed on the 'Gazelle,'
ii. 340.
Parge, H. C., attacked by Inds, ii.
523.
'Pallas, 'brig, i. 423-4, 467.
Palmer, Capt., movements of, ii. 512-
13.
Palmer, Cornelius, justice of peace,
ii. 298.
Palmer, Joel, leaves for W. S., i. 337;
aid _to Welch, 509; road making,
518; biog. and bibliog., 522; corn-
mis, gen., 67G; sup't Lid. affairs,
683; ii. 309; official action, i. 720;
ii. 359-68, 397-9, 409-11; left for
Cal., ii. 47; of H. of rep., 1862-3,
638; senator, 1864-6, 665, 666; Or.
Cent. R. R., 698.
Palmer, Joes, trustee of Or. Academy,
ii. 108; founded Dayton, 251.
Palouses, battle with, i. 723-4.
Pambrum, P. C., at Walla Walla, i.
35; receives missionaries, 110, ICO,
influence with Inds, 330, 345; ex-
plor. exped., 1839, ii. 75.
Panina chief, rnake^ peace, ii. 507-8;
fight with, 533; killed, 234.
Paris, J. D., fainthearted missionary,
i. 334.
Parker, David, explores Puget Sound,
i. 463-4.
Parker, A. C., of Assembly 1864-5,
ii. 665.
Parker, Sam'l, of legislature, ii. 58-9,
63; mem. of council, 71-2, 142, 158,
103, 434; mem. penit'y board, 298;
university trustee, 299.
Parker, Reb. Samuel, seeks miss.
site, i. 104; character, 105-6. at
Ft Walla Walla, 110, 120; meets
White, 111, 11 5; at Ft. Vancouver,
111-14, 123; opinion of natives,
112; meet.} Lee, 113, selects Wau-
latpu, 117-19; map of travels, 120;
at Ft Colville, 122-3; Sandwich
Inlands, 123-4.
Parker, Win, explor. party, 1846, i.
544; of H. of rep. 1850, ii. 142;
biog., 143.
Parker, Wm G., biog,, i. 544.
Parker, W. W., of assembly 1858-9,
ii. 434; dep'ty collector, 458; biog.
458.
Parrish, E. E., biog., i. 469; dist
judge, 496; school trustee, ii. 685.
Parrish, Edward, death of, ii. 370.
Parrish, Jesse, biog., i. 754.
Parsqus, I. H., biog., ii. 711.
Parrbli, J. L., missionary, i. 177; at
Clataop miss., 188; trustee Or. In
stitute, 202; at Salem, 225; on
gov't com., 297; Ind. agent, ii. 213;
Meth. preacher, 677; R. R. com-
mis'r, 6fJG.
Parrott, Rev. Joseph E., biog., i. 753;
signs memorial, ii. 127; Meth.
preacher, 677.
Parti ow, James, Pilos of the ' Gazelle,'
ii. 340.
Patten, rescue3 immigrants, i. 564.
Patterson, A. W., of H. of rep., 1854-
5, ii. 319; lieut. of vols, 38G; enroll-
ing oGcer, 390; cf 0. C. M. Road
Co., 652; senator, 1870, 671.
Patterson, Joshua, biog. of, ii. 713.
Patton, Lieut, fight with Inds, ii.
530.
Patton, Polly Grimes, biog., i. 627.
Patton, T. Me F., att'y, ii. 158;
favors new ter. scheme, 255; clerk
of council, 417; Or. Cent. R. R.,
699.
Paugh, William, biog., i. 526-7.
Pawnees, missionaries among, 105.
Payette, at Ft Boise, i. 229, 239; re-
ceives immigrants, 401.
Payne, Aaron, biog., i. 630; of H. of
rep., 1850, 143; in Lid. exped. 325.
Payne, Clayborne, death, i. 397.
Payne, Dr Henry, in explor. exped.
ii. 176.
Payne, S., n.ap, i. 24.
Peace Commissioners, visited by Ya«
kimas, i. 707-8.
'Peacock,' ship, wrecked, i. 249.
Pearl, Henry, killed in Ind. fight, ii.
383.
Pearne, Thos H., nominated U. S.
senator, ii. 639; Meth. preacher,
677.
Peebles, I. C., of H. of rep., ii. 323;
of council 1854-7, 349, 413, 417; of
coiut. convention, 4C3.
Peel, Wm, arrives, i. 497.
Peers, Henry N., mem. of leg., i. 604,
606; literary abilities, 606; works
of, ii. 691.
Peerce, Capt. C. H., com'd at Ft
Steilacoom, ii. 532.
Pend. O'Oreilles, St Ignatius mission
founded, i. 327.
Pendleton, chairman mil. affairs, i.
378.
Pengra, B. J., surveyor-gen., ii. 295,
458; nominated to congress, 446; of
0. C. M. Road Co., 652; explores
route, 705.
796
INDEX.
Penitentiary, waste of appropriations,
ii. 350, 352; constructed, 644, 645.
Pennoyer, Gov. S. , mess, to cong. , ii. 760.
Pentland, Robert, injured on the
•Gazelle,' ii. 340.
Peoria, Lee's colonizing efforts in, 226.
Pepoon, Lieut Silas, actions of, ii. 521.
Pepper, I. P., in explor. exped., ii.
197.
Perkins, Mrs. at Willamette miss.,
i. 161; at Dalles, 164, 181, 190.
Perkins, Rev. H. K. W., at Willam
ette miss., i. 161, 230; at Dalles,
163-6, 179-81, 242.
Perham & Co., Carding machine of,
ii. 338.
Perkins, Joel, founded town, ii. 251.
Perry, Capt. D., in Modoc war, ii.
581-90, 616-18; captures Captain
Jack, 629-30.
Perry, Frank, killed by Inds., ii. 315.
Perry, James, murder of, ii. 521.
Pettygrove, F. W., fined for using
liquor, i. 282; mem. P. L. L. C.,
397; at Or. city, 417; biog. and
bibliog., 422-3; judge, 496, left for
Cal., ii. 47; founded Portland, 717.
Pettyjohn, L., school trustee, ii. 685.
Peupeumoxmox, visits McLoughlin,
i. 277; trading ventures, 286; ad
ventures with McKinlay, 345; con
duct, 651; revokes friendship, 728;
acts at council, ii. 364.
Phelps, Miss A., missionary, i, 177;
marriage, 237.
Phillips, Miss E., missionary, i. 177,
187.
Pickett, Chas. E., threatened, i. 284;
mem. P. L. L. C., 297; bibliog.,
434-5; judge, 496, Ind. agent, 614;
unpopularity, 615.
Pickett, I. W., killed, ii. 478.
Pierce, E. D., expedt. of, ii. 479.
Pike, Lt, pursuit of Inds, ii. 545, 546.
Pilcher, Major, Ind, agent, with mis
sionaries, i. 128.
Pilot service, at mouth of Columbia,
ii. 191.
' Pioneer, ' schr, ii. 48.
Pioneer association, hist of, ii. 693-4.
Pioneer Lyceum and Literary Club,
1844, i. 296-7.
Pioneers, Iist3 of, i. 73-7; 394, 526, 568,
.683, 751; list cf deaths, ii. 762-3.
Piper, Lt, A., takes the field, ii. 476.
Pit river, Crook on, ii. 538-9.
Pit river Inds, murder by,ii. 489.
Pitman, Miss A. M., arrives Or., i,
156; at Willamette mission, i. 157
-9,
Planing mill, built on Columbia, ii.
50.
Platt, I. C., murder of, ii. 156.
Platte, discussion as to site of military
post, i. 376.
Poinsett, on military posts, i. 376.
Point, Nicholas, R. C. priest, Flat-
head mission, i. 324.
Poland, Capt., death of, ii. 394.
Poland, John, killed by Inds, ii. 395.
Polk, Pres., actions on Or. question,
i. 388, 582-3; on boundary question,
595.
Polk co'ty, created, i. 538; hist, of,
ii, 722.
Pollock, John, death of, ii. 370.
Pomeroy, W., witness, land dispute,
i. 206; signs memorial, ii. 127.
Ponjade, John P., biog., i. 633.
Pony express, founder of, ii. 438.
Popham, Ezekiel, murderous affray,
ii. 37.
Popo-agie, military post, i. 376.
Popular election, vote on constitution,
ii. 427, 428.
Population, 251, 543, ii. 251, 259.
Port of entry established, ii. 103, 104.
Porter, William, biog., i. 753.
Portland, found, of, i. 791-3; port of
delivery, ii. 107; pop. 1852,251; legis
lation over site, 281-9; hist, of, 717-
22; progress of, 1880-8, 750-1.
Portland library, organiz. of, ii. 751-2.
Port Orford, established, ii. 193; offi
cials at, 1851, 233.
Post route, establishing, i. 614.
Powder River mine, discovery of, ii.
479.
Powder River valley, fertility of, ii.
485.
Powers, Thomas, road making, 1846,
i. 558.
Pratt, judge of second dist, ii. 70, ac
tions of, 102.
Pratt, O. C., Young's property, i. 151-
152, 780; ii. 103, 157-9, 162-4, 167.
Presbyterian church, hist, of, ii. 680-
83.
Presbyterians, advent of, i. 104-38;
1838-47, 315-48: jealousies, 329-
30; alarm at R. C. action, 340-1;
downfall of, 741.
Preston, Geo. C., Ind. sub. agent, ii.
70.
Preston, H. L., nominated U. S. Sen
ator, ii. 639.
Preston, I. R., surveyor gen., ii. 155.
Pretol, arrives in 1847, i. 226.
Prettyman, Perry, biog., i. 627.
INDEX.
797
Prichett, defended Inds, ii. 96; acting
gov., 98.
Prigg, Fred, mem. P. L. L. C., i. 297;
judge, 496; terr. sec., 606; death,
ii. 36.
Prim, P. P., pros, att'y, ii. 336; of
const, convention, 423; app'td dist
judge, 443, 670.
Prince, Nez Perces, chief, i. 279.
Pringle, Pherne T., biog,, i. 570.
Pringle, Virgil K., biog., i. 570.
Printing press, Hall brings, 1839, i.
335-6.
Probate courts, i. 3(
Probst, Robert, murder of, ii. 477.
Protective assoc. , capital, object, ii.
21-2.
Protestant church, first erected, ii.
677.
Provencher, J. N., bishop of Juliopo-
lis, 1834, i. 315.
Provisions, high price, i. 259, 45] .
Pruett, J. H., biog., i. 633.
Public buildings, acts concerning, ii.
298.
Public lands, first sale of, ii. 660.
Public library, books for, ii. 144.
Public roads, acts relating to, ii. 651-
2.
Pudding river, name, i. 72.
Puebla mts, fight at, ii. 535.
Puget Sound, exploration, i. 463-4;
collector appointed, ii. 108; fortifi
cations, 510.
Puget Sound Agricultural Co., oppo
sition to, i. 189; attempt at settle
ment, 252; Cowlitz, 319
Pugh, J. W., biog., i. 572.
Putnam, Charles, road making, 1846,
i. 558.
Pyle, James M., clerk of assembly, ii.
434; senator, 1864-6, 665-7; sup
ports R. R. grants, 697
Quallawort, execution of, ii. 80.
Quatley, Chief, in Lane's Ind. expdt,
ii. 219-21.
Quebec, archbishopric, appoints Blan-
chet to Or., 1837, i. 306.
Quesnel, F., settler, i. 74.
' Quito, ' brig, ii. 48.
R
Radford, Lt R. C. W., Indian expdt.,
ii. 320.
Rae, W. G., life as fur-trader, i. 36:
in CaL, 251.
Rae, Mrs, marries, i. 37; in Cal.,
Ragan, Wm, attack on Inds, ii. 534.
Railroads, memorial for, i. 590: char
ters granted, ii. 325-6; land grant,
668; hist, of, 695-706; progress, 746.
Rainer, founded, ii. 252.
Rainey, J. T., biog., i. 570.
Rains, C., killed, ii. 464.
Ralston, Jeremiah, biog.,i. 631; Uni
versity trustee, ii. 299.
Rascal river, name, i. 90.
Ravalli, Antonio, arrives July 1844,
i. 325.
Raymond, W. W., at Clatsop miss.,
i. 177, 187; death, 199-200.
Reading, P. B., pion., 1843, i. 395.
Real estate exchange, list of incor-
porators, ii. 751.
Ream Lt, in Modoc war, ii. 593.
Reasoner, I. S., Presb. min., ii. 681.
Rector, W. H., mem. of leg., i. 612;
left for Cal. ii. 47; supt of Ind. af
fairs, 459; R. R. comm'r, 696.
Red River families, settle't in Or. , 252.
Reed, Geo., killed by Inds, ii. 395.
Reed, I. H., of const, convention, ii.
423.
Reed, Martin, killed by Inds, ii. 395.
Rees, W. H., institutes library, i.
295-7; mem. of leg., 612.
sec. of Pioneer Soc., 693.
Reeves, S. C., pilot, i. 326, 589; ii.
24-5; left for Cal., 47.
Rehart, C. A., biog. of. ii. 715.
Religion, first celebration mass Nov.,
25, 1838, Vancouver, i. 317.
Religious sects, numbers, denomina
tions, ii. 36.
Remeau, assists emigrants, 1848, i.
400.
Rendezvous, of fur traders, i. 130.
Republican party, formation of, ii.
416; clubs, 418; platform, 1858,
430; convention 1859, 445; 1862,
637; victory of 1888, 762.
Reservation, on Malheur river, ii.
554; set off, 653.
Revenue, raising of 1845, i. 540; laws,
ii. 104-8.
Reynolds, Frances Ella, biog. , i. 753.
Reynolds, R. B. defended Inds, ii.
96.
Rice, Col, killed, ii. 527.
Rice, W. H., fainthearted missionary,
i. 334.
Richard, Father, superior of the ob
late orders, i. 328.
Richardson, A., in Ind. exped.. ii.
224.
798
INDEX.
Richardson, Daniel, death, i. 398.
Richardson, Dan, lieut of vols, ii.
379; killed, 396.
Richardson, Jesse, favors new ter.
scheme, ii. 255.
Richardson, P., meets Famham's
exped., 228.
Richey, Caleb, biog., i. 754.
Richmond, Rev. J. P., missionary, i.
177; at Misqually miss., 188-90.
Richmond, Mrs, missionary, i. 177.
Ricord, John, at Oregon city, i. 211-
13; opposes McLoughlin, i. 215-18.
Riddle, F. F., interpreter, ii. 599-
609.
Riddle, Foby, interpreter, ii. 599-
612.
Ridge way, Mrs Tabitha, biog., i. 529.
Riggs, James B. , biog., i. 527.
Riggs, W. C.. killed, ii. 464.
Riley, Capt. Bennett, chastises Inds.
i. 397.
Riley, Edward, murder of, ii. 527.
Rinearson, S. S., mem, of express, i.
552; 1st serg't rifle co., 671; capt.
of vols, ii. 379; promulgates rep.
doctrine, 418; Maj. of Or. vols, 491.
Roads, petitions for, i. 531-3; located,
ii. 152; explorations for, 335.
'Roanoke,' ship, wrecked, ii. 300.
Robb, J. R., attempts to muzzle
press, i. 622; left for Cal, ii. 47;
university trustee, 299.
Robbins, Nathaniel, of const, conven
tion, ii. 423.
Robe, Robert, Presbyterian minister,
ii. 681.
Roberts, G. B., at Ft Vancouver, i.
38; life, i. 38-9.
Roberts, Mrs G. B., arrives Ft Van
couver, 27.
Roberts, W., transferred to Cowlitz,
i. 598-9; attempts to muzzle press,
622; university trustee, ii. 299;
sup't. of missions, 677.
Robinson, A. A., clerk of council, ii.
72.
Robinson, Ed, stabbing affair, ii. 37.
Robertson, Joseph, Presb. minister,
ii. 682.
Robinson, John, biog., i. 570; of H.
of rep., 1855-6, ii. 413.
Robin's Nest, proposed seat of gov't,
i. 536
Robinson, Thomas G., biog., i. 527.
Robinson, Rev. William, biog., i.
627.
Roby, death, 1846, i. 559.
Rock Dave, of Capt. Jack's band, ii.
57G.
Rockwell, John, in survey exped., ii.
249.
Roe, C. J., marriage, i. 159; history,
ii. 160.
Rogers, murdered, i. 660
Rogers, Clark, Alcalde, ii. 325.
Rogers, Cornelius, missionary, i. 137-
8; marriage, 199; death, 1843, 199-
200; explor. exped. 1839; ii. 75.
Roarers, Capt. John I., cond. at Cape
Hancock ii. 532.
Rogers, John P., left for Cal. 1848-9,
ii. 47.
Rogers, Mary Jane Robert, death, i.
469.
Rogue river, name, i. 80; hostility of
Inds, 95; ii. 377; explor. of, 176-8,
197; gold discovered, 18(3; battle
on, 227.
Rogue River Inds, Lane's conference
with, ii. 220-21; expeclts. against,
1850, 222-4; battle with, 1853-4,
311-21.
Rolfe, Tollman, H., biog., i. 634.
Roman Catholic, withdrawal of
French, i. 292.
Rose, De, killed by Inds, ii. 313.
Rose, Aaron, founds Roseburg, ii.
184; of H. of rep., 1856-7, 417.
Roseborough, in Modoc war, ii. 603,
607.
Roseburg, founded, ii. 184.
Ross, J. E., lieut rifle co., i. 671; re
signed, 70S; left for Cal., ii. 47;
favors new, ter. scheme, 255; claim
of, 321 ; col of militia, 325, 376; of
H. of rep., 1855-6, 414, 666; mem. of
council 1856-7, 417; offers services,
583; Director Or. Cent. R. R., 699.
Rosseau, Father, on Umatilla, i. 327-
8, 654.
Rosseau, Gen. L. H., com'd of dep't,
ii. 548.
Round Prairie, named, i. 546.
Routes, merits, i. 565-6.
Routes and Cut-offs, map, i. 543.
Rowe, John Lafayette, hist, of, ii. 713
Royal, Capt., on Or. coast, i. 86.
Ruckle, J. S., elected senator 1858,
ii. 432; steamboat owner, 480-1;
mention of, 765.
Runnels, Jesse, in Ind. exped., ii. 224.
Russler, Sergeant, in fight at lava
beds, killed, ii. 542-544.
Russell, Edward, founds Albina, ii. 752.
Russell, O-sborne, mem. prov. gov't,
i. 427; biog. 428; candidate for
Gov., 471.
Russians, oppose H. Bay Co., i. 232;
trade of, 574.
INDEX.
799
Russell, W. H., commands Cal. Co.,
1846, i. 556; founded pony express,
ii. 438.
Russia, ukases w. Am. limits, 1822,
i. 352.
Ruth, I. S., in survey exped., ii. 190.
Rvan, Jeremiah, in explor. exped. ii.
197.
' Sacramento, ' brig. , ii. 48.
Saffarans, Henry, at Dalles, i. 667.
Sager, Mr and Mrs, death, i. 453-4.
St Clair Co., emigrant co. from, 1843,
i. 393.
St Clair Wayman, of H. of rep., ii.
143, 349; biog., 143.
St Francis Borgia, mission founded,
i. 337.
St Francis Regis, mission founded, i.
327.
St Helen, founded, ii. 251.
St Ignatius, mission founded, i. 327.
St Joseph, boys school, French
Prairie, 1844, i. 325.
St Mary, convent and girls' school at
French Prairie, 1844, i. 325.
St Paul, Champoeg church dedicated
to, 1840, i. 319, 328.
StPaul miss, sem'y, incor., ii. 152.
St Peters, mission founded, i. 327.
Salem, site laid out, i. 222; capital,
ii. 146, 643; legislat. at, 163; const.
. convention at, 423; growth of, 752.
Sales, Mr, at Waulatpec, i. 648.
Sallee, killed by Inds, i. 561.
Salmon-canning, decline of, ii. 758.
Salmon river, quartz mines at, ii. 754.
Sam, chief, actions in Ind. troubles,
ii. 239-15.
'Samuel Roberts,' schr, ii. 176.
Sanborn, Charles, biog., i. 633.
Sanders, Allen, dep. about Cal., i. 552.
Sanders, Geo. N. , agent at Wash, for
H. B. Co., ii. 108-9.
Sand ford, I. R., in immigrant party,
1859, ii. 463.
Sand island, surveyed, ii. 249.
Sandwich islands, trade with, ii. 258.
San Francisco, H. B. Co. post at, i.
250-7; explor. co. formed at ii. 175.
Santiam river, Indians attacked on,
1846, i. 285.
'Sarah & Caroline, 'ship, i. 144.
Saules, negro, deserts ship. i. 249;
troubles with, 282-4.
Saunders. L. Woodbury, biog, i. 647.
Saunders, S., killed, ii. 378.
Sager, John, murdered, i. 659,
Savage, Luther, biog., i. 637.
Savage, Morgan Lewis, biog., i. 629.
Savage, Towner, biog., i. 571.
Sawyer, Willoughby, in fight at lava
beds, killed, ii. 544.
Saxton, Joseph Charles, accompanies
White, i. 484.
Scarborough, L, killed by Inds, ii.
317.
Scarface, murder by, ii. 238-9; hanged,
245.
Scarface Charley, acts in the Modoc
war, ii. 572-86; surrenders, 629.
Schaeffer, J., in immigrant party,
1859, ii. 463.
Schira, Nicholas, murder of, ii. 576.
Schira, Mrs, bravery of, ii. 576.
Schmoldt, Adolf, killed by Inds, ii.
396.
Schofield, Nathan, in explor. expedt.,
ii. 176.
Schofield, Socrates, in explor. expedt.,
ii. 176.
Scholl, Peter, biog., i. 627.
School, at Ft Vancouver, i. 49, 80;
Champoeg, 86; Willamette miss.,
160, 162; Chemeketa. 190, 201, 222;
Baptists, ii. 648; Methodist, 678;
Catholic, 679; Presbyterian, 682-3;
Episcopal, 687, Public, hist, of, 688
-9; Indian, 690.
School fund, act creating, ii. 299.
School lands, appropriations for. ii.
660-3.
School law, enactment of, ii. 77.
Sconchin, chief, acts in Modoc war,
ii. 555-612; trial and execution,
635-6.
Scott, Felix, Ind. agent, i. 749; es
corts immigrants, 750-1; b og., 750;
R. R. comis'r, ii. 696.
Scott, Harvey W., edited Oregonian,
ii. 147; librarian, 694.
Scott, J. B., murder of, ii. 545.
Scott, John, biog., joins Cal. expedt.,
679.
Scott, Capt. L. S., movements of, ii.
515.
Scott, Levi, biog., i. 544, 572; explor.
party, 544, ii. 178; guides immi
grants, i. 558; leader of party, 266;
wounded, 624; joins Cal. expedt.,
679; mem. of council, 1858-5, ii.
296, 323, 349; of const, convention,
423.
Scott, Thos Fielding, elected bishop,
ii. 685; death of, 686.
Scottsburg, name, i. 572; flood at, ii.
483.
'Seagull,' steamer wrecked, ii. 341.
800
INDEX.
Seal of state, ii. 444.
Seaman, Nelson, killed by Inds, ii.
395.
Sears, Franklin, biog., i. 469.
Secession, proposed, 1842, i. 306.
Seletza, Indian chief, i. 684.
Selitz reservation, condition of Inds,
ii. 412.
Seroc, Joseph, killed by Inds, ii. 395.
Settlement, difficulties attending, i.
355-6.
Settlers, privileges to, i. 257; occupa
tion, 786-7; rights of, ii. 285-6.
Saxton, Charles, bibliog., i. 508-9.
Seymour, Admiral, writes McLough-
lin, i. 497.
Shacknasty Jim, acts in Modoc war,
ii. 599, 627; surrenders, 627.
Shagaratte, L. , death of, i. 82.
Shane, J., killed by Inds, ii. 315.
Shannon, Davis, of const, convention,
ii. 423.
'Shark,' U. S. schr, 584-5; wrecked,
587-8.
Shark house, variety of uses, i. 588.
Shastas, The, trouble with, ii. 238-45,
Shasta valley, gold discovered, ii.
185.
Shattuck, E. D., candidate for legis.,
ii. 337; promulgates rep. doctrines,
418; of const, convention, 423; of
H. of Rep., 1858-9, 434; library
director, 694; Or. Cent. R. R. Co.,
698.
Shaw, A. R. C,, exploring party, i.
532.
Shaw, Hilyard, early settler, ii. 299.
Shaw, T. G., exploring party, i. 532.
Shaw, Wm, biog., i. 449; explores
Puget Sound. 453-4; Capt. of Co.,
703; left for Cal., ii. 47; of H. of
Rep., 142.
Shea, C. , attacked by Inds, ii. 534.
Sheil, Edw., military comdr, ii. 314;
of council, 1857-8, 429; elected to
congress, 450.
Shelton, Isaac, attacked by Inds, ii.
373.
Shepard, Mrs, work at mission, i.
160.
Shephard, Cyrus, missionary, i. 59;
character, 60; at Ft Vancouver, 80;
Willamette miss, 158-61; marriage,
159; death, 182,
Shephard, W. F., killed, ii. 464.
Sherman, Gen., acts in Modoc affair,
ii. 602, 605.
Sherry, Ross, biog., i. 528.
Sherwood, Lt W. L., attempt murder
of, ii. 612-3.
Shields, Jas, of const convention, ii.
423.
Shillingbow, Adam, murder of, ii.
577.
Shipping, arrivals and departures, ii.
48-9; river and ocean, 340-1; hist.
of building, 727-9.
Shirley, James Quincy, biog. of, ii.
723.
Shively, John M., biog., i. 614; left
for Cal., ii. 47.
Shiiebley, D. J., editor and proprietor
Or. Spectator.
Shroeder, John, murder of, ii. 577.
Shrum, Nicholas, of const, conven
tion, ii. 423.
Shoalwater bay, examined, ii. 248.
Short, Amos M., squatter, trial of, ii.
90; land claim, 278-9.
Short, H. R. M. B., surveys Portland,
i. 792.
Short, R. V., of const, convention, ii.
423.
Shortess, Robt, petition of, i. 207-11;
character, 207; mem. col govt, 301,
304; scheme, 313; assists immi
grants, 410; judge, 496; injured on
the Gazelle, ii. 340.
'Shoshone,' steamer, ii. 547.
Shoshone war, 1866-8, ii. 512-54.
Shoshones, The, outrages by, ii. 216.
Shumard, B. F., expedt. of, ii. 300.
Silcott, John M., claim of, ii. 321.
'Silvie de Grasse, 'ship, ii. 48; wrkd,49i
Simon, Joseph, biog. of, ii. 765.
Simmons, Andrew J., biog., i. 631.
Simmons, Christopher, first child, i.
464.
Simmons, M. F , biog., i. 449; explores
Puget Sound, 463-4; of H. of Rep.,
ii, 72; at indignation meeting, 162.
Simmons, Sam'l, biog., i. 530; college
trustee, ii. 686; R. R. commis r,
696.
Simpson, Anthony, Presb. minister,
ii. 681.
Simpson, Ben of H. of Rep., ii. 143,
158, 638; biog., 143; surveyor gen.,
295; mem. of council, 323.
Simpson, Sir George, feud with Mc-
Loughlin, i. 37; tries murderer of
McLoughlin, jr, 236; visits Or., 250
-1; settlement policy, 316; letter
of, ii. 108.
Simpson, Sam'l L., works of, ii. 692.
Sims, C., favors new terr. scheme, ii.
255.
Sims, John, murder of, ii. 489.
Sinclair, Col. J. B., at Fort Boise, ii.
519.
INDEX.
801
Sinslaw, settlement at, ii. 759".
Sioux, harass White's party, i. 260.
Siskiyou co., pet. of citizens, ii. 558.
Skinner, A. A., circuit judge, i. 605;
left for Cal., ii. 47; com. to settle
Cayuse war debt, 79; signs memo
rial, 127; claim of, 184; Ind. com-
mis'r, 208; life and public services,
309-10; dist judge, 670.
Slacum, W. A , report on miss., i.
88, 101; U. S. agent in N. W., 100
-3; treatment by H. B. Co., 101-3;
aids settlers, 140-1, 152; opposes
H. B. Co., 141-2.
Slater, James H., of H. of Rep., ii.
429, 432, 434; dist atty, 670; mem.
to congress, 674; biog., 674.
Slavery, illegal, i. 307; proposed bill
against, 389; act relating to, 437-9;
actions of free soilers. ii, 358-9.
Sloan, Joseph, in explor. expedt., ii.
178.
Small, Lt, fight with Inds, ii. 528.
Small, Wm J., removes Inds, ii. 579-
80.
Smith, A, B., missionary, i. 137-8;
Ind. grammar, 335.
Smith, Capt. A. J., expedt. of, ii. 466
-8
Smith, A. T., missionary, i. 239-40.
Smith, Bruce, murder of, ii. 527.
Smith, Buford, biog., i. 753.
Smith, Delazon, of H of Rep., 1854-7.
ii. 349, 413, 417; of const, conven
tion, 423; supports Lane, 444;
school trustee, 682.
Smith, Enoch, trial of, ii. 156.
Smith, Fred M., established Port Or-
ford, ii. 193.
Smith, Freeman, claim of, ii. 321.
Smith, Fabritus R., biog., i. 570.
Smith, Hiram, biog., i. 527.
Smith, Hugh, in Ind. expedt., killed,
ii. 313.
Smith J. E., in immigrant party,
1859, ii. 463.
Smith, James, biog., i. 571.
Smith, Joseph, escaped massacre, i.
662.
Smith, Joseph S. , elected to congress,
biog., ii. 669.
Smith, John, of anti-slavery party,
ii. 359; del. to convention, 418; H.
of Rep., 638; school trustee, 682;
R. R. commis'r, 696.
Smith, Miss M., marries, i. 96; at
Willamette miss., 161.
Smith, Noyes, mem. P. L. L. C., i.
297; biog., 621; signs memorial, ii.
127.
Or. II. 51
Smith, Gen. P. F., comd of riflemen
i. 613; in comd Pac division, ii. 83;
plans of, 86-7.
Smith, Robert, biog., i. 544.
Smith, Sidney, with Farnham, i.
227-9; sec. at public meeting, 293;
mem. for col gov't, 301; captain,
304.
Smith, Simeon, biog., i. 527.
Smith, Solomon, at Ft Vancouver, i.
11; Willamette miss., 182; Clatsop
miss., 185.
Smith, Thomas, in Ind. expedt., ii.
313; of H. of Rep., 414. 417, 668.
Smith, Thomas H., census taker, i.
443; sheriff, 496; mill of, 50, 252.
Smith, Virgilia E. Pringle, biog., i.
570.
Snake or Lewis river region, charac
ter, i. 3.
Snake river massacre, ii. 468-475.
Snakes, the, trouble with, ii. 463-4;
expedt. against, 495.
Siiellback, Peter, in Ind. expedt., ii.
240.
Snelling, G. L., favors new ter.
scheme, ii. 255.
Snoqualimichs, troubles with, ii. 07,68.
Society, Oregon, 1834, i. 9-10, 15-17,
26-28, 42-53.
' Southerner, ' stmr, wrecked, ii. 341.
Southern route, opening of, i. 543-52;
protection of, ii. 475-7.
Southern Pacific R. R., purchase of
Or. & Cal. R. R., ii. 747.
Spalding, H. H., character, i. 125;
journey to Ft Vancouver, 125-35;
at Lapwai, 136, 655; influence over
Nez Perces, 330; irritability, 330-1;
opinions on agric., 335-7; recalled
toll. S., 341; attending sick, 656-
7; warned of massacre, 657-8; es
cape of, 664-5, 686; Ind. agent, ii.
207; death, 682.
Spalding, Mrs, marriage, i. 125-6;
character, 126; journey to Ft
Vancouver, 125-35; at Lapwai,
136; illustrates scriptures, 336; in
formed of massacre, flight, 605-6;
rescue, 686.
Sparts, Rich., in Ind. expedt, ii. 221.
Spauldiiig, Capt. J., voyage, ii. 174;
at Ft Vancouver, 184; leaves, 254;
report on Or. question, 377.
Spect, Jonas, biog., i. 629.
Speel, Harris, biog., i. 529.
Spencer, Z. C., sec. of war, White
visits, i. 254.
Split-lip, Chief Cayuses' shrewdness,
802
INDEX.
Sportsman, William, biog., i. 545.
Spotranes, missionaries among, i.
121-2, 138; movements of, 286;
character, 339^0; attack troops,
ii. 461.
Sprague, Capt. F. B., expedt. of, ii.
515, 516; comd. at Ft Klamath,
532.
Stage lines attacked by Inds., ii. 523.
Stanley, Arad C., biog. of, ii. 713.
Stanton, Lt. expedt. of, ii. 202-203.
Stanton, Alfred, pion. 1847, i. 469.
Stark. Benj., of H. of Rep., ii. 296,
452; U. S. senator, 457.
Stark, Benjamin, jun., presents can
non to Or. city, i. 588.
Stark, Hy. A., of Coos Bay co., ii.
332; death of, 334.
Starkweather, W. A., of H. of Rep.,
ii. 349, 417, 452, 666, 671; of const.
convention, 423.
4 Starling,' survey ship, i. 232; ii. 48.
'Star of Oregon, ' schr, i. 248.
Starr, Rev. John W., biog., i. 753.
Starr, Milton B., of anti-slavery
party, ii. 359; cong. minister, 680.
State house, waste of appropriation,
ii. 350; destroyed, 351.
State lands, acts relating to, ii. 646.
State organization, question of ii.
336-7.
State university, founded, ii. 689-90.
Steamboat navigation, encourage
ment, i. 375.
Steele, E., favors new ter. scheme,
ii. 255; actions in Ind. troubles,
239-44; Cal. Ind. suptd., 556-57;
actions in Modoc war, 571, 600-4;
petition favoring Modocs, 634.
Steele, Maj. gen. T., measures of, ii.
518-19, 526, 527.
Steen, Maj. E., expedt., of, ii. 465-8;
comd. at Walla Walla, 488.
Steen, Mt., battle at, ii. 548.
Steinberg, Justin, apptd. col of Or.
cavalry, biog., ii. 493.
Stephens, James, biog., i. 469.
Steptoe, Col, attacked by Inds, ii.
460, 461.
Stevens, Wm, murder of, ii. 93, 94.
Stewart, Benjamin E., biog., i. 628.
Stewart, P. G., mem. P. L. L. C.,
i. 297; mem. prov. gov't, 427; biog.;
428; promotor of masonry, ii. 30,
port surveyor, 309.
Sticcas, Cayuse chief, i. 402, 403,
657; deception of, 721-2.
Stiken, Simpson at, 250.
Stock, Waiilaptu miss., 1839, '41, i. 338.
Stone, building, ii. 754-5.
Stone, David, biog., i. 752; pros.
att'y, ii- 79.
Stone, Pleasant, W., claim of, ii. 321.
Stoneman, Lt G.} in fight with Inds,
ii. 235-238.
Stout, George Sterling, pion. 1843, i.
395.
Stout, Lansing, nomination of, ii.
444; acts in congress, 459; senator,
668, 671.
Stoutenburg, Geo., death of, i. 182.
Stratton, R. E., pros, att'y, ii. 298,
336, 358; biog., 336.
Strong, Wm, murder of, ii. 527.
Strong, Judge W., arrival, ii. 102,
139; biog. 102; dissatisfaction with,
162-3.
Stuart, Capt., in Lee's exped., i. 63;
with missionaries, 128; hunting
party, 396.
Stuart Bot Capt. James, of mounted
rifles, ii. 81; in Ind. fight, killed,
326-7.
Sturges, Mrs Susan, biog., i. 752.
Sublette, exped., i. 60-61; advice to
White, 256-7; joins immigration,
450.
Sullivan, Alex., killed, ii. 549.
' Sulphur, ' survey ship, i. 232.
Suit, Michael, biog. of, ii. 715.
'Sumatra,' ship, i. 161.
Sumner, Brig. Gen. Eb., in com'd
of mil. deprt, ii. 488.
Surprise valley, named, i. 549.
Surveys, of lands, ii. 247-50, 268-75.
Sutter, J. A., travelling to Cal., i.
165.
Sutters Fort, reception to Hastings,
i. 267; Peupeumoxmox at, 286.
Swamp lands, speculations in, ii.
654-8; sales, etc., of, 760-1.
Swaney, A. W., school trustee, ii.
678.
Swaney, L. H., drowned, ii. 341.
Swearingen, on Or. committee, i. 350.
Swinden, John, claim of, ii. 321.
Sylvester, Capt., on Columbia, i. 424,
467.
Sylvester, E., bibliog, i. 424; leaves
for Cal., ii. 47 at indignation
meeting, 162.
Tainey, R. C., biog., i. 630.
Tallentine, Mrs Agnes, biog., i. 631.
Tamahas, murders by, i. 659; ii. 94;
trial, execution, 96-100.
Tamanowas, (evil eye) Indian belief
in, i, 335.
INDEX.
803
Tamsucky, treachery, i. 660.
Tandy, Win, exped. of, ii. 305.
Taiiitan, Head Chief, Cayuse, i. 278-
80; treatment of missionaries, 328,
654-5,
Tanner, Daniel, death, i. 561.
Tarbox, Stephen, biog., i. 421.
Tate, J. P., of anti-slavery party, ii.
359; del to convention, 418; of H.
of rep., 452, 665; school trustee,
682.
Taylor, Chief, killing of, ii., 311-12.
Taylor, G-eo. H. C., claim of, ii. 321.
Taylor, James, justice of peace, i.
612; in charge quarter masters
dep't, 705; of Or. Exchange Co., ii.
54; school trustee, 78; treasurer,
79.
Taylor, John F., biog., i. 633.
Baylor, Win, in Ind. exped., ii. 313;
senator, 452, 639.
Taxing land, case relating to, ii. 158.
Tedford, Eli, murder of, ii. 477.
Telegraphs, first proposal, ii. 339.
Tep Eyck Anthony, in explor. exped. ,
ii. 176.
Territory, necessity of gov't, ii. 4-5;
division of, 247, 306
Tetherow, Solomon, com'd of co., i.
509; biog., 679; R. R. commis'r, ii.
696.
Thanter, Andrew G., Dist. Atty. ii.
443 ; elected to Cong. 454; biog.
454 ; nom. Pros. Atty. 638.
Thayer, Gov., mention of, ii. 760.
Thayer,W. W., elec. Gov., biog., ii. 675.
Theatrical performances, pieces
played, i. 574-5.
The Dalles, mission at, i. 163-6, 179-
81, 190; natives at, 164, 179-81;
Whitman buys, 224, 348; hostility
of Inds, 230; abandonment of, 268;
destruction, 345; army headquar
ters, 703; supply post at, ii. 91;
early trading, 252-3; town site
claim, 289-90.
The Dalles Journal, newspaper, ii.
449.
Thellar, Lieut E. R., in Modoc war,
ii. 615.
The Meadows, fight at, 1856, ii. 402-
The Times, newspaper started, ii. 147.
The Union, newspaper, ii. 449.
' The Venture, ' steamer, ii. 480.
Thomas, E., appt'd peace commis.,
ii. 606; actions of, 608-12; murder
of, 612; biog., 614.
Thomas, Lt Evan, in Modoc war,
killed, ii. 616-22; biog., 623.
Thompson, D. P., capt. of Or. vols,
ii. 491; author of peace commis.,
595; surveyor, 647; senator, 668,
671.
Thompson, Frank, robbed by Ind's,
ii. 523.
Thompson, I. F., of anti-slavery
party, ii. 359.
Thompson, L. S., in Ind. expedt., ii.
240; of H. of rep., 323.
Thompson, Lewis, Presb. minister, ii.
680.
Thompson, origin of anti-slavery
party, ii. 359.
Thompson, R. R., justice of peace, i.
612; signs memorial, ii. 127; Ind.
agent, 312; steamboat builder, 480.
Thompson, W., claim of, ii. 321;
drowned, 396.
Thornbury, killing of, i. 95, 232.
Thornbury, C. N., favors new ter.
scheme, ii. 255.
Thornton, Indian mission, i. 55.
Thornton, H. G., explor. road, ii.
486.
Thornton, J. Quinn, biog. and bibliog. ,
i. 555-6; on routes, 560-6; supreme
judge, 566; delegate, 620; myste
rious departure, 620; funds for ex
penses, 621; at Washington, 755-6;
claims authorship of bill, 759-61;
Ind. sub. agent, ii. 70-71, signs
memorial, 127; att'y, 158; of H. of
rep., 665.
Thornton, Seyburn, explores Puget
sound, i. 463-4, 531.
Thorp, John, leader of party, i. 450;
of H. of rep. 1850, biog., ii. 143;
R. R. commis., 696.
Thurston, co'ty, created, ii. 166.
Thurston, S. R., legislator, ii. 58, 59;
first del. to congress, 113-16; biog.,
113; character, 115; actions, 117-
39; death, 136.
Tibbets, Calvin, cattle expedt., i.
142; atClatsop miss., 185-8; judge,
496.
Tichenor, Wm, founds Port Orford,
ii., 193-6; biog., 193; of H. of rep.,
414, 432, 434; senator, 452.
Tillamook co'ty, hist, of, ii. 722.
Tiloukaikt, Cayuse chief, i. 278-9,
658; speech at council, 278; insults
Whitman, 334; addresses Ogden,
694; murder by, ii. 94; trial and
execution, 96-100.
Tintinmitsi, Cayuse chief, i. 654.
Todd & Co., express co. of, ii. 339.
Tolman, J. C., suveyor gen., ii. 295;
claim of, 32 Ij of Coos bay co., 331.
804
INDEX.
Tolmie, W. F., on Ind. names, i. 18;
at Ft Vancouver, 34-5; legislator,
604, 605; light with Inds., ii. 60-9.
Tomson, Capt., trades in Columbia, i.
40.
Tongue river, fishery established, i.
467.
Tonic, engineer of the 'Gazelle,' ii.
340.
'Toulon,' bark, i. 588; ii. 48.
Toupin, John, interpreter, Fort Walla
Walla, i. 119.
Town, Albert, emigration co., 367.
Townsend, scientist, i. 16, 60; fauna
named by, 85-6; at Walla Walla,
134.
Trade, with Sandwich Is, i. 178; on
Puget sound, ii. 250.
Transportation, means of, ii. 28.
Traynor, Lawrence, in fight at lava
beds, wounded, ii. 544.
Treaties, with Inds, ii. 210-18, 318,
319.
Trees, Or., 224.
Trickey, Geo., killed by Inds, ii. 396.
Trimble, Capt., in Modoc war, ii.
622.
Trimble, Christopher, in Snake river
massacre, ii. 472.
Trimble, Elizabeth, in Snake river
massacre, ii. 472.
Trimble, Susan, in Snake river mas
sacre, ii. 472.
Tualatin Academy, foundation, ii.
34-35.
Tualatin county, boundary, i. 539.
Tualatin plains, missionaries settle,
240.
Tualatin river, made navigable, ii.
256-7.
Tucker, Maj. S. S., of mounted rifles,
ii. 81; establishes post, 91.
Tulles, W. R., killed by Inds, ii. 395.
Tumwater, meaning, i. 464.
Tungate, R., in Ind. exped., ii. 313.
Turner, Creed, trial and execution of,
ii. 156.
Turner, John, escapes Inds, i. 96-7;
cattle exped., 142-7.
Turnham, Joel, shot, i. 444-5.
lurnpin, Capt., in Ind. exped., ii.
224.
T'Vault, W. G., postmaster general,
i. 496-7; com'ds co., 509; President
Or. Printing co., 536; mem. of ex-
Eres.s, 552; editor, 575; orator, 584;
;gislator, 604; ii. 432, 434; biog.,
ii. 29; defends Ft Kendall, 156;
establishes PortOrford, 193;explor.
exped., 196-200; att'y, 358.
Tyghe Inds, murders by, ii. 489.
Tyler, Pres., apology
Or. bill, i. 381.
for failure of
U
'Umatilla,' steamer, ii. 480.
Umpquaco.,estab.,ii. 151,485; towns,
180-1; hist, of, 722; div. of, 757.
Umpqua river, map, i. 194; explor.
parties on, ii. 178-9; pilotage, 299.
Umpqua val., Ind. deps in, ii 388-9.
Umpquas, missionaries among, i. 195-6;
removed to reservation, ii. 388.
' Undine, ' brig, ii. 48.
Union county, hist, of, ii. 723.
Union Pacific R. R., lease of Or. R. &
Nav. Co.'s line, ii. 748.
Unitarian church, hist, of, ii. 687.
United States, men-of-war, i. 497,
584-7, feeling to Great Britain,
579; memorials to congress, 606-9,
617-20; appeal to, 677-8.
United States court, appointment of
officers 1859, ii. 442.
United States mail, first, i. 747.
United States troops, ordered out, ii.
235. as Ind. fighters, 236-8.
University, actions to locate, ii, 167;
established, 299; relocated, 351-2.
Utter, in Snake river massacre, ii.
471-2.
Vagrants, laws, i. 309.
Vallejo, Gen., in Cal., i. 143-4.
Van Brunt, G. I., in survey exped.,
ii. 248.
Vance, Thomas, death, i. 454.
Vancouver, see Ft Vancouver.
' Vancouver, ' ship, wrecked, ii. 23.
Vancouver island, bishop's see, i. 327.
Vanderpool, leads immigrants, 1846,
i. 559.
Vanorman, Alexis, in Snake river
massacre, ii. 472.
Vanorman, Mark, in Snake river
massacre, ii. 472.
Vanorman, Mrs, in Snake river mas
sacre, ii, 472.
Van Voast, Capt., com'd at Cascades,
ii. 488.
Vaughn, Martin, biog., i. 572.
Vercruysse, Aloysius, arrives July
1844, i. 325.
Veyret, Father, arrival, i. 326; at
Ind. execution, ii. 99.
Victor, Mrs Francis F., works of, i.
406, 757-8; ii. 692; biog., i. 757.
INDEX.
805
Victoria, H. B. Co. 's post estab., i. 598.
Villard, Henry, biog. of, ii. 746; dona
tion to school fund, 750.
Vincent, Bot Lieut Col A. O., at Ft
Vancouver, ii. 532.
Voters, qualification of, ii. 265-8.
W
Wagoner, I. B., express rider, ii. 379,
Wagner, Joseph, killed by Inds, ii.
395.
Wagons, first across the plains, 242.
Waiilatpu, miss, built, i. 136, 330;
immigrants at, 261; Cay use attack,
268, 333; described, 337-8; aban
doned, 341, 348; white people at,
647-8; negotiations for sale, 657.
Wait, A. E., editor, i. 575; in charge
of commisary dep't, 705; signs
memorial, ii. 127; of H. of rep.,
158, 296, 432; mem. of council,
429, 434; nominated to congress,
638.
Waldo, Daniel, mem. P. L. L. C., i.
297; leader of St Clair Co.,. 393;
biog., and bibliog, 403; mem. prov.
gov't, 428; dist. judge, 496; county
treasurer, 612; joins Cal. exped.,
679; R. R. commis'r, ii. 696.
Waldo, Joseph, biog., i. 572.
Walker, Mrs, missionary, i. 137-8.
Walker, Courtney M., miss, exped. i.
59; character, 60; clerk, 80, 501.
at Ft William, 92; Ft Hall, 229;
pros, att'y, ii. 79.
Walker, E., missionary, i. 137-8.
Walker, Capt. J. H., exped. of, ii.
518; com'd at Camp Smith, 532.
Walker, Joel P., life, i. 240; goes to
Cal., 249; judge, 496.
Walker, Samuel, biog., i. 469.
Walker, W. T., expedt. of, ii. 305.
Walla Walla, see Ft Walla Walla.
Walla Wallas, movements, 1845, i.
286; baptized, 317; cruelty, 645;
at council, 1855, ii. 361-6; treaty
with, 366.
Walla Walla valley, fertility, i. 338;
military posts in, ii. 460; opening
of, 461.
Wallace, at Clatsop mission, i. 185-6.
Wallace and wife, drowned at Little
Dalles, 1838, i. 316.
Wallace, Leander C., killed, ii. 67.
Walker, Rev. A. F., missionary, i.
177; at Dalles, 190.
Waller, Jane L., biog., i. 632.
Wallen, road expedt., ii. 463-5.
Walling, L, supports Gov. Lane, ii.
93.
Walker, Rev. A. F., dispute at Will
amette falls, 204-18; Or. city dis
pute, 223-4; death, 225; vs. Blan-
chet, 320-1 ; refuses aid immigrants,
515; university trustee, ii. 299;
Meth. preacher, 677.
Wallowa county, organized, ii. 757-8.
'Walpole,' ship, ii. 48.
Walter, E. L., biog., i. 528.
Wampole, Elias, Ind. agent, ii. 207.
Wands, M. B., marries Gov. Gaines,
ii. 159.
Ward, Alex., massacre of^party, ii. 343.
Ware, Miss M. T., missionary, i. 177;
marries D. Lee, 183.
Warner, Lorenzo, killed by Inds., ii.
395.
Warre, J. M., road making, 1846, i.
558.
Warren, Henry, at Vancouver, i. 500;
biog., 632; of H. of rep., ii. 664;
receiver of land office, 670; college
trustee, 684.
Warren, R. K., biog. of, ii. 765.
' Wasco, ' steamer, ii. 480.
Wasco co., organized, ii. 253; hist., 724.
Washington co'ty, hist, of, ii. 725.
Washougal, settlement, i. 458-9.
Waters, James, assists immigrants,
i. 410, 452; explor. party, 531; col
Or. army, 732.
Watkins, W. H., of const, conven
tion, ii. 423; of Or. medical college,
691.
Watson, Lt, death of, ii. 498.
Watson, John, stabbing affair, ii. 37.
Watson, Keziah, death, i. 469.
Watson, Mrs Mary, biog., i. 628.
Watt, Ahio, biog., i. 754; supports
Gov. Lane, ii. 93; trustee Or. acad
emy, 167.
Watt, Joseph, mem. P. L. L. C., i.
297; biog. bibliog., 452, 468.
Watts, John W., of const, convention,
ii. 423.
Waunch, George, explores Puget
Sound, i. 463-4.
Waymire, Fred., mem. of council, ii.
142, 158, 296; biog., 142; enrolling
officer, 399; of H. of rep., 413, 668;
const, convention, 423; senator,
432, school trustee, 678; R. R.
commis'r, 696.
Waymire, John, lieut immigrant co.,
i. 509; exped. of, ii. 496.
Web-foot, origin, ii. 40.
Welch, Presley, capt. of immigrant
co., i. 509; runs for Gov., 612.
Wertz, Franklin, biog. of, ii. 713.
West, John, founded town, ii. 225.
S06
INDEX
Welaptulekt, Des Chutes chief,
friendly, i. 709.
Welch, Henry C., biog., i. 527.
Western, Lieut Chas B., com'd at
Camp Logan, ii. 532.
Weaton, emigrant rendezvous, i. 448.
Weston, David, biog., i. 265.
Westport, founded, ii. 252.
Whale fishery, value, 1822, i. 353.
Whaleshead, Ind. attack at, ii. 393,
395.
Wharton, Capt. I. S., com'd at Fort
Colville, ii. 531.
Whately, shot by Indians, i. 561.
Wheat, yield, 1888, ii. 758.
Wheaton, in com'd at Klamath, ii. 573;
acts in Modoc war, 584-94; relieved,
595; restored to com'd, 624.
Wheelock, O., favors new ter. scheme,
ii. 255.
Whidby island, in Puget Sound, i.
464.
Whitcomb, J. L., at Willamette Is.,
i. 157; leaves miss., 190; marries,
190.
White, Bartholomew, biog., i. 468.
White, Elijah, character, i. 155; at
Ft Vancouver, 156. Willamette
miss, 157-60; son drowned, 178; at
Ft Umpqua, 193; quarrel with Lee,
196-7; opposes Shorter 's petition,
210; dispute Willamette Falls, 223;
in Washington, 254, 483; Ind.
agent, 255, 262-3, 369; immigra
tion efforts, 255-62; meeting with
Tublette, 257; reception in Or.,
262-4; importance of party, 264-5;
admin, of Ind. affairs, 265-91; H.
B. Co. transactions, 276; leaves
Nez Perces, 280; acts against li
quor dealers, 281; trial of, 283;
gov't drafts, 288; biog., 288-91,
487; feeling against, 296; mem. for
col gov't, 301; explores for route,
484-5.
White, James, in Ind. exped., ii. 240;
killed on the Gazelle, 340.
White, Susan Bowles, biog., i. 627.
Whitaker, John, of H. of rep., ii.
429, 666, 668, 671; elected gov.,
431, 432; biog., 431; resignation
asked, 457; mem. to congress, 639,
675.
Whitley, Samuel, biog., i. 633.
Whitman, Dr M., travels, i. 105-9,
124-35; character. 105-7; as sur
geon, 107-8; journey to Fort Van
couver, 124-35; at Waiilatpu, 136;
buys the Dalles miss., 224; treat
ment of the emigrants, 261, 398-406.
Whitman, Dr M., the insults to,
330-4; his educational methods,
338-9; asks reenforcement, 340;
miss, to U. S., 342-5; treatment of
Inds, 344; difficulties, 345-8; ex
pects outbreak, 643-4; obstinacy,
644-5; visits Dalles, 646; attend
ing sick, 656-7; murder of, 659.
Whitman, Mrs character, i. 125;
journey to Ft Vancouver, 125-35;
at Waiilatpu, 136; insulted, 268;
murder of, 660.
Whitman massacre, 1847, i. 639-68.
Whitman, Perrin B., at Dalles, i.
644, 667.
Whitmore, Brice, in Ind. expedt., ii.
313.
Whitney, William, biog., i. 634; left
for Cal., ii. 47.
'Whiton,'bark, i. 620.
Whittle, interpreter, ii. 598, 599.
Whitted, Thos, of const, convention,
ii. 423.
Wilbur, James H., university trustee,
ii. 299; peace commis'r, 596; nomi
nated U. S. senator, 639; Meth.
preacher, 677.
Wilcox, Ralph, legislator, ii. 58, 59,
142, 158, 323, 638; biog., 59.
Wilkes, Lt, expedt., i. 246-9; views
on gov't, 295.
Wilkinson, Capt. C. M., founds Ind.
school, ii. 690.
Wilkinson, Joseph, killed by Inds.,
ii. 395.
Willamette, name, i. 72.
Willamette cattle co., purpose, i. 141;
southern trip, 142-50; attacked by
Inds., 148-9; end of, 179.
Willamette falls, dispute over, i. 203.
Willamette mission, built, i. 64-5,
78-80; work at, 81-9, 154-63, 178-
9, 190; arrival of missionaries,
154, 161; hospital, 162; importance,
163; farming plan, 163; failure,
182; converts at, 178-9; quarrels
at, 196-8; deaths, 201; sold, 221-2j
Blanchet's endeavors, 318-19.
Willamette river, land grants, i. 375;
ferry, 440, 443; navigation of, ii.
256; bridged, 746-7.
Willamette university, origin, i. 222.
Willamette valley, configuration, i.
1-2; settlers, 15-17, 66, 73-7, 251,
252, 465; missionaries in, 63-7;
cattle introduced, 139-50.
Willamette Valley, Farnham's ob
servations, 231 ; White's party in,
262; visited by Park, 498-9; dam
ages from freshets, ii. 64,
INDEX.
807
Willamette Val. R. R. Co., charter
granted, ii. 096.
' William & Ann,' ship, i. 40-1.
Williams, attacked by Inds, ii. 199-
201.
\Villiams, Mr, drowned at Seattle
Falls, 1838, i. 316.
Williams, B., with cattle co., i, 145.
Williams, Geo. H., of supreme court,
i. 251; chief justice, ii. 306; biog.,
307; appeal against slavery, 422;
of const, convention, 423; U. S.
senator, 444, 639, 667; U. S. att'y
gen., 68; school trustee, 685.
Williams, James S., in survey expect.,
ii. 190.
Williams, Capt. L. L., exped. of, ii.
514.
Williams, R., attack on Inds, ii. 318.
Williams, R. L., capt. of vols, ii.
379, 387; resigns, 400.
Williams, Rich. , elected to congress,
ii. 675.
Williams, Lieut, surveyed road, 201.
Williamson, Henry, dispute with Mc-
Loughlin, i. 458-60; wounded, 624;
left for Cal., ii. 47.
Williamson, John, biog., i. 569.
Willow creek, Ind. outrages at, ii,
565.
Willson, Mrs C. A. C., teacher, Che-
meketa plain, i. 222.
"Wilhon, W. H., character, i. 155-6;
at Willamette miss., 160, 162; Nis-
qually miss., 188; sec. of con., 303;
mill race, 440; pres. of bench, 496;
loan comm'r, 676; of Or. Exchange
co., ii. 54; R. R. comm'r, 696.
Wilson, Miss, murder of, ii. 377.
Wilson, John, biog., i. 637.
Wilson, John, biog., ii, 766.
Wilson, Joseph G., clerk of supreme
court, ii. 443; nominated pros.
att'y, 638; dist judge, 670; elected
to congress, 674; biog., 674.
Wilson, Mathew, murder of, ii. 523.
Wilson, Simpson, biog. of, ii. 714.
Wimple, Adam E., execution of, ii. 156.
Winchester, county seat, laid out, ii.
183.
Winchester, Heman, in explor. ex
ped., ii. 176.
Wind river, discussion as to site of
military post, i. 376.
Winslow, George, negro, i. 275;
quarrel with Cockstock, 282.
Winthrop, anti slavery bill, i. 389.
Witner, John, murder of, ii. 523.
' Wolcott, ' brig. , ii. 48.
Wood, H., with Cattle co,, i, 145.
Wood, C., with Farnham's exped.,
227.
Wood, J., with Farnham's exped.,
227.
Woodbury, in explor. exped., ii. 176.
Woodcock, Richard, Capt. immigra
tion 1844, i. 449.
Woodhull, David, killed on the ' Ga
zelle, 'ii. 340.
Woodman, Calvin, murder of, ii. 239.
Woodward, Hy. H., in explor. ex-
pedt., ii. 176.
Wood worth, C., killed on the
' Gazelle, ' ii. 340.
Woodworth, Selim E., dispatches, i.
589-90.
Woods, Geo. L., promulgates rep.
doctns, ii. 418; expedt. of, 479;
attitude, 526; Presid't elector, 667;
elected gov., 668; Or. Cent. R. R,,
698, 699.
Woods, Margaret McBride, biog. , i. 628.
Wool, clip of 1887, ii. 758.
Wool, Gen., commiss. on Ind. affairs,
ii. 344-5; campaign of, 401-2; re
moved, 460.
Woollen mills, i. 468; ii. 338, 732.
Wooten, Serg't, in Modoc war, ii.
613.
Worth, I. Q. A., representative, 1860,
ii. 452.
Wren, Charles, attacked by Inds,
68.
Wright, Ben, in Ind. expedt., ii. 240.
Ind. agent, 391, 392; death, 394,
395.
Wright, Col Geo., at The Dalles, ii.
460; expedt. of, 461; in comd. Or.
dist, 488; removed to Cal., 490.
Wright, Rob't in Ind. expedt., ii.
313.
Wright, Lt Thos F., in Modoc war,
killed, ii. 620-2; biog., 623.
Wrisley John B., biog. of, ii. 713.
Wyeth, N. J., builds Ft Hall, i. 14,
63; builds Ft William, 15; expedt.
to Columbia, 59-70; purpose in Or. ,
70; meets Parker, 111, 115; meets
missionaries, 131-2; Or. memoir.,
373.
Wygant, Mrs T., i. 37.
Xavier, St Francis, naming, 1839, i.
318.
Y
Yakima, military post, ii. 460; growth
of, 757.
INDEX.
Yakimas, Oblate fathers among, i.
328; miss, to, 654; visit commis
sioners, 707-8; desirous of peace,
709; at council, ii. 361-6; treaty
with, 366.
Yamhill, name^ i. 72.
Yamhill co'ty, hist, of, ii. 725, 726.
Yamhill, district boundary, i. 310.
Yamhill river, bridge over, ii. 257.
Yantis, I. L., Presb. minister, ii.
681.
Yaquina bay, explored, ii. 203.
Yarnel, Jeremiah, claim of, ii. 321.
Yellow serpent, see Peupeumoxmox.
Yonccalla, meaning, i. 568-9.
Young bay, see Meriweather bay.
Young, Elam, escaped massacre, i.
662.
Young, Ewing, arrival, i. 70, 89.
Young, I., del. to convention, 1857,
ii. 418.
Young, Ewing, adventures, 89-90;
bad report of, 90-1; relation Hud
son Bay Co., 91-9; settlers in
Chehalem val., 92; treatment of
Inds., 95; leaves, 102-3; cattle
transactions, 139-51; property of,
151-2; death, 292-3; estate, 439-40.
York, J. W., Indian mission, i. 55.
Young, Joaquin, claims property, i.
151-2.
Younger, Wm, attacked by Inds., ii.
534.
Yreka, Modocs employed at, ii. 536.9
Ziebek, John S., surveyor gen., 1856-
9, ii. 295.
Zumwalt, Andrew, biog., i. 570.
Zumwalt, Elizabeth, biog., i. 570.
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