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Full text of "History of Oregon"

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THE vVORI
S 


OF 


HUBERT HO\VE BANOROFT 




THE ,VOI{I{S 


OF 


HUBERT HO'VE BANOROFT 


VOLU)IE xxx 


HISTORY OF OREGON 


VOL. II. 1848-1888 


SAK FR..\XCISCO 
THE HISTOltY CO)IP.A

Y, PUnLISIIEI
S 
I 
1888 



Entered according to Act of Congre!-.s in the Year 1888, by 
HUBERT H. BANUROFT, 
In the Office of the Librarian of Congress at Washington. 


All Rights Resc7'1-'ed. 



OONTENTS OF THIS VOL U1fE. 


CHAPTER I. 


CONDITION OF AFFAIRS. 
1848. 


PAGK 
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--,-Domestie 
:Matters: Food, Clothing, and Shelter-Society: Religion, Educa.- 
tion, aud 1Iorals-Benevolent Societies-Aids and Checks to Prog- 
ress-Notable Institutions-Character of the People.............. 1 


CHAPTER II. 


EFFECT OJ' THE CALIFORNIA GOLD DISCOVERY. 
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 
lanuscript 
-Character of the Oregonians in California-Their General Sue. . 
cess-Revolutions in Trade and Society-Arrival of Vessels-In. 
crease in the Priees 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 ADl\HNISTRATIOS'. 


1849-1850. 
Indian Affairs-Troubles in Cowlitz Valley-Fort Nisqnally Attacked- 
Arrival of the United States Ship Mussachusetts-A Military Post 
Established near Nisqually-Thornton as Sub-Indian Agent-
Ieet- 
ing of the Legislative Assembly-
Ieasures Adopted-J udicial Dis- 
tricts-A Travelling Court of Justice-The Mounted Rifle Regiment 
-Establishment of MIlitary Posts at Fort Hall, Vanconver, Steil- 
acoom, and The Dalles- The Vaneouver Claim-General Persüer F 
Smith-His Drunken Soldiers-The Dalles Claim-Tria] and Execu- 
tion of the Whitman Murderers......................... . . . . . . . . 66 
(IX) 



x 


CONTENTS. 


CHAPTER IV. 


A. DELEGATE TO CONGRESS. 
1849-1850. 
. PAGB 
The Absence of Judges-Island 
Iills-Arrival of WilliamStrong-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 "
ashington-Misrepresentations and Unprincipled :Measures- 
Rank Injustice toward :McLoughlin-Efficient Work for Oregon- 
The Donation Land Bill-The Cayuse 'Var Claim and Other Appro- 
priations Secured-The People Lose Confidence in their Delegate-- 
Death of Thurston............................................ 101 


CHAPTER V. 


ADMINISTRATION OF GAINES. 
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 \ry:. 


DISCOVERY OF GOLD IN OREGON. 
1850-1852. 
Politics and Prospecting-Immigration-An Era of Discovery-Explora- 
tions on the Southern Oregon Seaboard-The California Company- 
The Schooner Samuel Roberts at the 
Iouths 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-1vIassacre-Government Assistance...... ...... ..... . .!..... 174 


CHAPTER VII. 


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 


PAGB 
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 
Iines-Divers Outrages and Retaliations-
ilitary 
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-f1ghters-The Savages 
too 11uch 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-
ore 

roops Ordered to 17ancouver ...............................
. 233 


CHAPTER IX. 


SURVEYS AND TOWN -MAKING. 
1851-1853. 
Proposed Territorial Division-Coast Survey-Light-houses Established 
-James S. Lavtson-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 . . . . . . . . . . . . . . . . .. ...... ........................ .:247 


CHAPTER X. 


LAND LAWS AND LAND TITLES.. 
1851-1855. 
The Donation Law-Its Provisions and Workings-Attitude of Congress 
-Powers of the Provisional Government-Qualification of V oters- 
Surveys-Rights of Women and Children-Amendments-Preëmp. 
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 XI.. 


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. 
menta-New Judges and their Districts-Whigs and Democrats- 
Lane as Governor and Delegate-Alonzo A. Skinner-An Able and 
Humane 1\Ian-Sketch of his Life and Public Services............. 296 


CHAPTER XII. 


ROGUE RIVER WAR. 
1853-1&54. 
Impositions and Retaliations-Outrages by White Men and Indians- 
The 1\Iilitary Called upon-'\Var 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 
\Var................................... ......... ............ 311 


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- 
qua-Light-house Building-Beach Mining-Indian Disturbances- 
Palmer's Superintendence-Settlement of Coos Bay-Explorations 
and 
Iountain-elimbing-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- '\V oollen Mills- Telegraphs-Ri ver 
and Ocean Shipping Interest and Disasters-Ward Massacre-Mil- 
itary Situation.........:.......... 
 . . . . . . . . . . . . . . . . . . . . . . . . . .. 322 


CHAPTER 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 ånd Univer- 
sity-Legislative and Congressional Acts Relative thereto-More 



CONTENTS. 


xiii 


PAGB 
Counties Made-Finances-Territorial Convention-N ewspapers- 
The Slavery Sentiment-Politics of the Period-Whigs, Democrats, 
and Know-nothings-A New Party-Indian Affairs-Treaties East 
of the Cascade
ountains...................................... 348 


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 1\Hners and Settlers-More Fighting-Volunteers and 
Regulars-Battle of Grave Creek-Formation of the Northern and 
Southern Battalions-Affair at the 1\:leadows-Ranging by the V 01- 
unteers-The Ben Wright Massacre.................. .... ....... 369 


CHAPTER XVI. 


EXTERMINATION OF THE INDIANS. 
1856-1857. 
Grande Ronde 
Iilitary Post and Reservation-Driving in and Caging the 
Wild 
len-l\lore Soldiers Required-Other Battalions-Down upon 
the Red lrlen-The' Spring Campaign-Affairs along the River- 
Humanity of the United States Officers and Agents-Stubborn Brav- 
eryof Chief John-Councils and Surrenders-Battle of the Meadows 
-Smith's Tactics-Continued Skirmishing-Giving-up and Coming- 
in of the In.dians................... .......................... 
. . . .. 397 


ÇHAPTER 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 
lJnion......... .............. ................................413 


CHAPTER XVIII. 


'POLITICS AND PATRIOTISM. 
1839-1861. 
Appointment of Officers of the United States Court-Extra Session of the 
Legislature-Acts and Reports-State Seal-Delazon Smith-Re-. 



xiv 


CONTENTS. 


P.A.G. 
publican Convention-Nominations and Elections-R
ptnre 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 Southern Secession-Thayer Elected 
to Congress-Lane's Disloyalty-Governor \Vhiteaker-Stark) U. S. 
Senator-Oregon in the 'Var-N ew Officials...................... 442 


CHAPTER XIX. 


WAR AND DEVELOPMENT. 
1858-1862. 

y ar Departments and Commanders-Military Administration of General 
Harney-\Vallen'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 'Vright-Six Companies Raised-At- 
titude toward Secessionists-First Oregon Cavalry-Expeditions of 
:Maury, Drake, and Curry-Fort Boisé 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 
Ien-:Movements of Troops-Attitude of Governor \V oods 
-Free Fighting-Enlistment of Indians to Fight Indians-1iilitary 
Reorganization-Among the Lava-beds-Crook in Command-Ex- 
termination or Confinement and Death in Reservations.... . . . . . . .. .512 


CHAPTER XXII. 


THE MODOC WARe 
1864-1873. 
Land of the :Modoes-Keintpoos, or Captain Jack-Agents, Superintend- 
ents, and Treaties-Keintpoos Declines to Go on a Reservation
 
Raids-Troops in Pursuit--Jack Takes to the Lava-beds-Appoint__ 



CO
7Ems. 


xv 


PAGE 
ment of a Peace Commissioner-Assassination of Can by, ThomaE, 
and Sherwood-Jack Inyestec1 in his Stronghold-He Escapes- 
Crustling Defeat of Troops under Thomas-Captain Jack Pursued, 
Caught, and Executed........................................". 555 


CHAPTER XXIII. 


POLITICAL, INDUSTRIAL, A
D INSTITUTIONAL. 
1862-1887. 
Republican Loyalty-Legislature of 18G2-Legal-tender and Specific Con- 
tract-Public Buildings-Surveys and Bonnùaries-l\Iilitary noad- 
:Swamp and Agricultural Lands-Civil Code-The Np-gro Question 
-Later Legislation-GovenlOrs Gibbs, \Vooùs, Grover, Ch
dwick, 
Thayer, and Moody-Members of CODgress...................... 637 


CHAPTER XXIV. 


LATER EVE
'fS. 


1887-1888. 
Re
ent Developments in Railways-Progress of Portland-Architecture 
and Organizations-East Portland-Iron 'V orks- Value of Property 
-)lining-Congressional Appropriations-N ew Counties-Salmon 
Fisheries-Lumber-Political Affairs-Public Lands-Legislature- 
Election .' ..... ......... .................................... 746 


. 



. 



HISTORY OF OREGON. 


CHAPTER I. 


CONDITION OF AFFAIRS. 
1848. 


POPULATION-PRODUCTS-PLACES OF SETTLEMENT-THE FIRST FAMILIES 011 
OREGON-STOCK-RAISING AND AGRICULTURE-FOU
DING OF TOWNS- 
LAXD TITLES-OCEAN TRAFFIC-SHIP-BUILDING AKD COMMERCE-Do- 
MESTIC l\iATTERS: FOOD, CLOTHING, AND SHELTER--SOCIETY: RELIGION, 
EDUCATION, AND :MORALS-BENEVOLENT SOCIETIES-AIDS AND CHECKS 
TO PROGRESS-NoTAnL
 INSTITUTIONS-CHARACTER OF THE PEOPLE. 


FOURTEEN years have no\v elapsed since Jason Lee 
began his 111issionary station on the east bank of the 
Willamette, and five years 8ince the first considerable 
settlen1ent ,vas 111ade by an agricultural population 
froin the \vestern states. It is ,veIl t.o pause a moment 
in our historical progress and to take a general 
survey. 
First as to population, there are between ten and 
t\vel ve thousand white inhabitants and half-breeds 
scattered about the valley of the Willau)ette, with a 
fe\v in the valleys of the Colulnbia, the Cowlitz, and on 
Puget Sound. IIJ Most of these are stock-raisers and 
grain-growers. The extent of land cultivated is not 
great, 1 from t\venty to fifty acres only being in cereals 
on single farms within reach of warehouses of the fur 


1 In Ilastin[Js' Or. and Oal" 55-6, the average size of farms is given at 500 
acres, which is much too high an estimate. There was no need to fence so 
much land, and had it been cultivated the crops would have found no market. 
VOL. II. 1 



2 


COXDITIO
 OF AFFAIRS. 


company and the Alnerican nlerchants. One \vTiter 
estirnated the conlpany'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 \vheat to the acre,2 and the poorest land returns 
t\venty bushels, no great extent of so\ving is required 
to furnish the 111arket \vith an amount equal to that 
nan1ed. Agricultural n1achinery to any considerable 
extent is not yet kno\yn. Threshing is done by driv- 
ing horses over the sheaves stre\vn in an enclosure, 
first trodden hard by the hoofs of \vild cattle. In the 
SUll1I11er of 1848 Wallace and Wilson of Oregon City 
construct t\VO threshing-nlachines \vith endless chains, 
\\yhich are hencefor\vard n1uch sought after. 3 The usual 
price of \vheat, fixed by the Hudson's Bay C0L11pany, 
is sixty-t\VO and a half cents; but at different tilHes it 
has been higher, as in 1845, \vhen it reached a dollar 
and a half a bushel,4 owing to the influx of population 
that year. 
The flouring of \vheat is no longer difficult, for there 
are in 1848 nine grist-n1ills in the country.5 Nor 
is it any longer impossible to obtain sa\ved lun1ber 
in the lo\ver parts of the valley, or on the Colull1bia, 
for a larger nun1ber of l11ills furnish n1aterial for build- 
ing to those \vho can afford to purchase and provide 
the means of transportation. 6 .The larger nUI11ber of 


2 Hines' lIist. Oregon, 342-6. Thornton, in his Or, and Ced., i. 379, gives 
thc whole production of 1846 at 144.863 bushels, the greatest amount raised 
in any county being in Tualatin, and the least in Clatsop, Oats, l)ease, and 
potatoes "\\ ere in proportion. See also Or. Spectat07', July 23, 18-1:6; IImci"'on's 
Coast and Country, 2ü-30. The total wheat crop of 1847 was estimateù at 
180,000 ùushels, and the surplus at 50,000. 
S Cawjord's Þlar., 1\IS" 164; Ros:$' Nar., 
lS., 10. 
4 Dki.n's Saddle-l.laker, MB., 4. 
:'I The grist-mills were built by the Hudson's Bay Company ncar Vancouver; 
McLoughlin and the Oregon :Milling Company at Oregon City; by Thomas 
:McKay on French Prairie; by Thollla
 James O'Neal on the Ricknall in the 
Appleg!Lte Settlement in Polk County; by the 11ethoùist :Mission at Salom; ùy 
Lot \Vhitcomb at 
lilwaukee, on the right bank of the 'Villamette, between 
Portland anù Orcgon City; by :Meck anù Luelling at the same place; and by 
\Yhitman at \Yaiilatpu. About this time a flouring-mill was begun on Puget 
Sound. Thornton's Or. and Cal., i. 330; S. F. Californian, April} 9, 1848. 
6The<:;e saw-mills were often in connection with the flouring-mills, as at 
Oregon City, Salem, anù Vancouver. But there were several others that wcre 



FOUKDING OF TO\VNS. 


3 


houses on the land-claims, however,. are still of he,vn 
logs, in the style of western frontier d\vellings of the 
l\Iississippi states. 7 


separate, as the mill established for sawing lumber by 
Ir Hunsaker at the 
junction of the \Villamette with the Columbia; by Charles l\IcKay on the 
Tualatin Plains, and by Hunt near Astoria. There ,vere others to the number 
of 15 in different parts of the teITitory. Thorltton's 01'. and Gal., i. 330; Gratc- 
ford's Nar., 118., 164. 
7 George Gay had a brick dwelling, and Abernethy a brick store; and 
brick ,vas 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 \Villamette, just below a high 
gravelly bluff, that is, in what is now the north part of East Portland. T\\"o 
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 Portlanù town-site. South of it on the 
same side of the river were the claims of Finice Caruthers, \Villiam Johnson, 
Thomas Stevens, and James Terwilliger. On the island in front of Ste\Tens' 
place lived Richard :McCrary, celebrated for making 'blue ruin' whiskcy out 
of molasses. James Stevens lived opposite Caruthers, on the east bank of the 
\Villamette, where he had a cooper-shop, and \Villiam Kilborne a warehouse. 
Three miles above 11ilwaukee, where \Vhitcomb, \Villiam J\leek, and Luelling 
were settled, was a German named Piper, attempting to make pottery. 
Opposite Oregon City lived S. Thurston, R. I\Ioore, 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 lanù adjoining that place. Below him were settled at 
intervals on the same side of the river \Villiam Blackstone, Peter Gill, Doane, 
and \Vatts. At Linnton there were two settlers, \Villiam Dillon and Dick 
Richards. Opposite to \Vatt's on the east bank was James Loomis, and just 
above him James John. At the head of Sauvé Island lived John 1\liller. 
Near James Logie's place, before mentioned as a dairy-farm of the Hudson's 
Bay Company, Alexander I\IcQuinn was settled, and on different parts of the 
island Jacob Cline, Joseph Charlton, James ByLee, 11alcolm Smith a Scotch- 
man, Gilbau a Canadian, and an American named \Valker. On the Scappoose 
plains south of the island was settled 
lcPherson, a Scotchman; and during 
the summer Nelson Hoyt took a c1aim on the Scappoose. At Plymouth Rock, 
now 8t Helen, lived H. 1\1. Knighton who the year before had succeeded to 
the claim of its first settler, Bartholomew 'Vhite, who was a cripple, and 
unable to make improvements. A town was already projected at this place, 
though not sun'eyed till 1849, when a few lots were laid off by James Brown 
of Canemah. The survey was subsequently completed by N. H. Tappan 
and P. \V. Crawford, and mapped by Joseph Trutch, in the spring of 1831. 
A few miles helow Knighton were settled the 
lerrill family and a man named 
Tulitson. The only s0ttler in the region of the Dalles was K
than Olney, 
who in 1847 took a claim 3 miles helow the present town, on the south sille 
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. A bove the fort, Forbes Barclay and 
l\Ir Lowe, members of the company, held claims as individuals, as also 1\11' 
Covington, teacher at the fort. On the south side, opposite Vancouver, Jobn 
Switzler kept a ferry, which had been much in use <luring the Cayuse war as 
well as in the season of immil:,rrant arrivals. On Cathlapootle, or L
wis, ri\?e1' 
there was also a settler. On tbe Kalama River Jonathan Burpee had taken 
a claim; he afterward removed to the Cowlitz, where Thibault, a Canadian, 



4 


COXDITION OF AFFAIRS. 


Only a small portion of the land being fenced, alrnost 
the ,vhole "Til1amette Valley is open to travel, and 
covered ,vith the herds of the settlers, SOine of 'VhOlll 
o,vn bet,veen t,vo and three thousand cattle and 
horses. Though thus pastured the grass is knee-high 
on the plains, and yet lllore luxuriant on the lo,v 
lands; in summer the hilly parts are incarnadine ,vith 
stra,vberries. 8 Besides the natural increase of the first 
inlportatiöns, not a year has passed since the venture 
of the "\Villanlette Cattle Company in 1837, without 
the introduction of cattle and horses from California, 
to ,vhich are added those driven froln the States an- 
nual1y after 1842,9 'v hence C0111e likewise constantly 
increasing flocks of sheep. The to,vns, as is too often 
the case, are out of proportion to the rural population. 
Oregon City, ,vith six or seven hundred inhabitants, is 
still the metropolis, having the advantage of a centra] 


was living in charge of the warehouse of the Hudson's Bay Company, and 
where during the spring and summer Peter 'v. Crawford, E. 'Vest, 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 PO'rter, and R. C. Smith were making shingles 
here for the California market, Below the Cowlitz, at olll 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 riv('r lived James Birnie, whO' had 
settled there in l84û. There was no settlement between Cathlamet and 
Hunt's :I\Iill, 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 1Ir l\IcKay; and 
there were several Americans living there, namely , John 
lcClure, James 
'Yelch, John 1\1. Shively, Van Dusen and family, and others; in all about 
30 persons; but the town was partially surveyed this year by P. \V. Craw- 
ford. There were about a dozen settlers on Clatsop plains, and a tuwn had 
been projected on Point Adams by two brothers O'Brien, called New York, 
which never came to anything. At Baker Bay lived J olm EdmUlllls, though 
the claim belonged to Peter Rkeen Ogden. On Scarborough Hill, just 
abo\Te, 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 Craujo'rd's Nar'rativf, l\lS.; but other authorities have 
contributed, namely: JJlinto's Early Days, 
IS.; JVeed's Queen Charlotte I. 
Expe(l., 1\18.; Deady's llist. Or., 1\18.; Pettygrove
s Or., 
lS,; Lovejoy's Port- 
laud, JUS.; lrloss' Pioneer Times, 11S.; Brown's JVillamette Valley, :1\1S.; 
Or: Statutes; Victor's Oregon and JVash.; l./urphy's Or. Directory, 1; S. I. 
Fnend, Oct. ]5, 1849; Wilkes' Nar.; Palmer's Journal; Home Missionary 
IJI a[/., xxii. 63-4. 
8' The most beautiful country I ever saw in my life.' JVeed's Queen Char- 
loilf I. Exped., 
1S., 2. 
v Clyman)s Note Book, 
IS., 6; TV. B. Ide's Biog., 34. 



THE OREGON INSTITUTE. 


5 


position bet\veen the farnling country above the faUs 
and the deep-\vater nayigation t\velve nliles bclo\v; 
and more capital and improvements are found he1'c 
than at any other point. 10 I t is the only incorporated 
to\vn as yet in Oregon, the legislature of 1844 having' 
granted it a charter;l1 uninlproved lots are helli at 
from $100 to $500. The canal round the falls \\
hi('h 
the saIne legislature authorized is in progress of con- 
struction, a \ving being thro\vl1 out across the east 
shoot of the river above the falls \vhich fornl a basin, 
and is of great benefit to navigation Ly affording quiet 
\vater for the landing of boats, \yhich \vithout it \vel'e 
in danger of being carried over the cataract.l
 
Linn City and l\Iultnolnah City just across the 
river fronl the 111etropolis, languish fronl propinquity 
to a greatness in \v hich they cannot share. l\Iil \vaukee, 
a fe\v rniles below, .is stiU in ell1bryo. Linnton, the 
city founded during the \vinter of 1843 by Burnett 
and }lcCarver, has had but t\VO adult nlale inhabit- 
ants, though it boasts a \varchouse for "\vheat. Hills- 
boro and Lafayette aspire to the dignity of county- 
seats of Tualatin and Yanlhill. Corvallis, Albany, and 
Eugene are settled by clainlants of the land, out do 
not yet rejoice in the distinction of an urban appel- 


10 Thornton counts in 1847 a 1Iethodist and a Catholic church, St James, a 
day-school, a private boarding-school for young ladies, kept by 
lrs Thornton, 
a l)rinting-press, and a public library of 300 volumes. Or. and Cal., i. 32U-30. 
Crawford says there were 5 stores of gcneral merchandise, the Hudson's 13ay 
Company's, ALernethy's, Couch's (Cushing & Co,), 1\loss', and Robert Canfield's; 
and adds that there were 3 ferries across the 'Villamette at this place, one 
a horse ferry, and 2 pulled Ly hand, and that all were kept busy, Oregon 
City Leing 'the grcat rendezvous for all up and down the ri,-er to get flour.' 
J..Yarrali-,;e, 1\18., 154; 8. I. Friend, Oct. 13, 184D. Palmer states in addition 
that :l\IcLoughlin'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 owneù by Abernethy and Beers, was a smaller one, anù that each had a 
saw-mill attached which cut a great deal of plank for the new arrivals. Jour- 
nal, 85-G. There were 2 hotels, the Oregon House, which was built in 1
44, 
costing 844,000, and which was torn down in June 1871. The other was 
eallcd the City Hotel. :McLoughlin's residence, built aLout 1843, was a large 
building for those times, and was later the }'innegas Hotel. lIIos8' Pimleer 
'Times, 
18., 30; Portland Adl:Ocafe, June 3, 1871; flacon's .ilIerc. Life Or. City, 

1
., 18; llarveJ!'s Life of .i.llcLo'llghlin, 1\1::;., 34; lw
iln,J Reg., lxx. 341. 
11 ALernethy "as the first mayor, and Lovejoy the second; McLoughlin 
was also mayor. 
1'1. .Nüe8' Reg., lxviii. 84; Or. Spectator, Feb. 19, 1846. 



5 


CONDITION OF AFFAIRS. 


lation. Champoeg had been laid off as a to"\v"n by 
N ewell, but is so in name only. Close by is another 
riyer to,vn, of about equal importance, owned by 
. bernethy and Beers, 'v hich is called Butteville. Just 
above the falls Hedges has laid off the to,vnof Canemah. 
Besides these there are a nunlber of settlements nalned 
after the chief falnilies, such as Hen1bree's settleillent 
in Yamhill County, Applegate's and Ford's in Polk, 
and 'Valdo's and Ho,vell's in Marion. Hall1lets pronl- 
i::;Ïng to be to,vns are Salem, Portland, Vancouver, 
and Astoria. 


I have already mentioned the disposition made of 
the missionary c
q,iIns and property at Salelll, and that 
on the dissolution of the Methodist 
Iission the Ore- 
gon Institute ,vas sold, ,vith the land claillled as be- 
longing to it, to the board of trustees. But as there 
,yas no la,v under the provisional governlnent for the 
incorporation of such bodies, or any under ,vhich they 
could hold a mile square of land for the use of the in- 
stitute, 'V. H. Wilson, H. B. Bre\ver, D. Leslie, and 
L. H. Judson resorted to the plan of extending their 
four land-clainls in such a manner as to lnake their 
corners Illeet in the centre of the institute clainl, 
under that provision in the land la,,, allo,ving clainls 
to be held by a partnership of t,vo or more persons; 
and by giving bonds to the trustees of the institute to 
perforn1 this act of trust for the benefit of the board, 
till it should becollle incorporated and able to hold 
the land in its o,vn right. 
In l\larch 1846 'Vilson ,vas authorized to act as 
agent for the board, and ,vas put in possession of the 
prcn1Ïses. In 1\lay follo\ving he was ell1po,vered to 
sell lots, and allo\ved a cOll1pensation of seven per 
cent on all sales effected. During the sunlmer a por- 
tion of the claim ,vas sold to J. L. Parrish, David 
Leslie, and C. Craft, at twelve dollars an acre; and 
'Vilson ,vas further authorized to sell the ,vater-po\ver 
or mill-site, and as llluch land \vith it as might be 



THE BEGINNING OF PORTLAND. 


7 


thought advisable; also to begin the sale by public 
auction of the to,vn 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 tilne. 13 
In July 1847 a bond ,vas signed by Wilson, the 
conditions of ,vhich ,vere the forfeiture of $100,000, or 
the fulfihnent of the follo"\ving terms: That he should 
hold in trust the six hundred and forty acres thro\vn off 
froIn the land-claims above 111entioned; that he should 
pay to the 111issionary society of the Methodist Epis- 
copal church of Oregon and to the Oregon Institute 
certaiti. SUIl1S aillounting to $6,000; that he should use 
aU diligence to perfect a title to the institute claim, 
and ,vhen so perfected convey to the first annual con- 
ference of the Methodist church, ,vhich should be 
established in Oregon by the general conference of 
the United States, in trust, such title as he hilnself 
had obtåined to sixty acres kno,vn as the' institute 
reserve,' on ,vhich the institute building ,vas situated- 
for ,vhich services he was to receive one third of the 
1110ney derived fron1 the sale of to\Yll lots on the un- 
reserved portion of the six hundred and forty acres 
c01l1prised in the Sale In to\vn-site and belonging to the 
several clain1ants. Under this arrangelnent, in 1848, 
"\Vilson and his ,vife ,vere residing ill the institute 
building on the reserved sixty acres, 1\lrs vVilsol1 
having charge of the school, ,vhile the agency of the 
to,vn property remained ,vith her husband. 
The subsequent history of Salenl to\vn-site belongs 
to a later period, but 111ay be briefly given here. 
"\Vhen the Oregon donation la,v ,vas passed, ,vhich 
ga ye to the ,vife half of the 111ile square of land elll- 
braced in the donation, Wilson had the dividing line 
on his land run in such a 111annCr as to thro,v the 
reserve ,vith the institute building, coy-ered by his 
claim, upon the ,vife's portion; and 1\1rs "\Vilson being 


13 David8on's SO'llthe'I'n Route, 
:lS., 5; BrOU,"'J2'8 Autobiography, 
IS., 31; 
Rubb-ison's Growth of 1 1 owns, 
lS., 27-8. 



8 


CONDITION OF AFFAIRS. 


under no legal obligation to 111ake over anything to 
the Oregon confercnce, 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, 
,v hen a settlement ,vas effected by the restoration uf 
the reserved sixty acres to the trustees of the '''ìilla- 
lllctte U ni versi ty, and t\VO thirds of the unsold re- 
mains of the south-,vest quarter of the Saleln to\vn- 
site ,vhich \Vilson ,vas bound to bold for the use of 
that institution. \Vhether the restoration ,vas an act 
of honor or of necessity I \vil1 not here discuss; the 
act of congress under 'v hich the territory ,vas organ- 
ized recognized as binding all bonds and obligations 
entered into under the provisional government. 14 In 
later years SOUle inlportant la,vsuits gre\v out of the 
pretensions of Wilson's heirs, to an interest in lots 
sold by him \vhile acting agent for the trustees of the 
to,vn-site. 15 
Portland in 1848 had but t\VO fralne buildings, 
one the residence of F. W. Pettygrove, ,vho had re- 
n10ved from Oregon City to this ha111let 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 fronl the Tualatin plains 
lying to the south, beyond the heavily tin1bereù high- 
lands in that direction. 
The first o\vner of the Portland land-clainl was 
vVillialll Overton, a Tennesseean, \vho caIne to Oregon 
about 1843, and presently took possession of the 
place, where he ll1ade shingles for a time, but beino' 
of a restless disposition \vent to the Sand\vich Island
 
and returning dissatisfied and out of health, resolved 
to go to Texas. l\Ieeting ,vith A. L. Lovejoy at Van- 
couvcr, aud returning ,vith hinl to Portland in a canoe, 
he offered to resign the claim to hinl, but subsequently 


14 Or. Laws, 1843-72, 61;. llinc8' Or. and lust., IG3-72. 
I;) Thornton's Halem Titles, in Sal('m Directory for 1874, 2-7. Wilson died 
suùùenlyof apoplexy, in 18.3û. Id., 22. 



VANCOUVER TO'VN. 


9 


changed his n1ind, thinking to ren1ain, yet 
lv
ng 
Lovejoy half, on condition that he ,vould aid In llll- 
proving it; for the latter, as he says in his Fourulillg 
oj. POl'tlancl, 118., 30-34, observed the 111asts anù 
boonls of vessels ,vhich had been left there, and it 
occurred to hirD that this ,vas the place for a tow'n. 
So rarely did shipping COlne to Oregon in the-se days, 
and more rarely still into the Willarnette River, that 
the possibility or need of a seaport or harbor to\"n 
a\va.y fron1 the Colulllbia does not appear to have been 
seriously entertained up to this tin1e. 
After some clearing, preparatory to building a 
house, Overton again deterulined to leave Oregon, 
and sold his half of the land to F. W. Pettygrove for 
a small sunl and \vent to Texas, 'v here it has been said 
he ,yas hanged. 16 Lovejoy and Pettygrove then erected 
the first house in the ,vinter of 1845, the locality 
being on \v hat is no,v Washington street at the corner 
of Front .street, it being built of logs covered \vith 
shingles. Into this building Pettygrove rnoved half 
of his stock of goods in the spring of 1845, and \vith 
Lovejoy opened a road to the farnlÎng lands of Tual- 
atin County froIl1 which the traffic of the inlperial 
city ,vas expected to conlee 
The town ,vas pa.rtially surveyed by H. N. V. 
Short, the initial point being 'Vashington street and 
the survey extending do,vn the river a short distanC"e. 
The nalning of it ,vas decided by the tossing of a cop- 
per coin, Petty-grove, ,,,ho ,vas fr0l11 
Iaine, gaining 
the right to call it Portland, against Loyejoy, ,vho ,vas 
frolH 
Iassachusetts and \vished to nanle the l1e\v to,vn 
Boston. A fe,v stragglers gathered there, and during 
the Cayuse \yar ,vhen the volunteer cOlnpanies organ- 
ized at Portland, and crossing tho river took the road 
to S\vitzler's ferry opposite Vancouver, it began tn be 
apparent that it ,,,,as a 1110re convenient point of de- 
parture and arrival in regard to the Colulubia than 


16 Deady, in Overland 

f07
t1dy,i. 3G; Nesmith, in Or. Pioneer Assoc., Trans., 
187.3, 57. 



10 


CONDITION OF AFFAIRS. 


Oregon City. But it made no material progress tin 
a conjunction of relnarkable events in 1848 called it 
into active life and perlnanent prosperity. Before 
this happened, ho,yever, Lovejoy had sold his interest 
to Benjamin Stark; and Daniel Lo,vnsdale iu Sep- 
tenlber of this year purchased Pettygrove's share, 
paying for it $5,000 ,vorth of leather ,vhich he had 
Inade at his tannery adjoining the to\vn-site. The 
t,vo founders of Portland thus transferred their o\vn- 
ership, ,vhich fell at a fortunate mon1ent into the 
hands of Daniel Lo,vnsdale, Stephen Coffin, and W. 
'V. Chapman. 17 
In 1848 Henry Williamson, the sanle who claimed 
unsuccessfully near Fort Vancouver in 1845, employed 
P. 'V. Cra\vford to layout a to\vn on the present site 
of Vancouver, and about five hundred lots ,vere sur- 
veyed, n1apped, and recorded in the recorder's books 
at Oregon City, according to the la\v governing to,vn- 
sites; the sanle survey long ruling in laying out streets, 
blocks, and lots. But the prospects for a city ,vere 
blighted by the adverse claim of Amos Short, an 
inlnligrant of 1847, ,vho settled first at Linnton, then 
renloved to Sauvé Island vvhere he ,vas engaged in 
slaughtering Spanish cattle, but ,vho "finally took six 
hundred and forty acres belo,v Fort Vancouver, Will- 
ialllS0n ,vho still claillled the land being absent at the 
tilDe, having gone to Indiana for a \vife. The land 
la\v of Oregon, in order to give young men this oppor- 
tunity of fulfilling lllarriage engagements ,vithout 
10
H, provided that by paying into the treasury of the 
territory the sunl of five dollars a year, they could 
be absent froln their claims for t\VO consecutive years, 
or long enough to go to the States and return. 
In vVillialTIson's caSe the law proved ineffectual. 


17 LoveJoy's Founding of Portland, 
IS., passim; B1'igg's Port Townsend, 
:MS., 9; Rylve..,te,.'s Olympia, 1\18., 4, 5; IIanrork's Thirteen Year.
, .:\18., 94. 
For an account of the subsequent litigation, not important to this history, 
se
 Burke v, L01cn.çdale, AlJpellee's Bì'i('f, 12; Or. Law.
, 186ß, 5-8; D('ady's 
lft.')t, Or" :MS., 12-13. Some mention will be made of this in treating of the 
effects of the <Ionation law on town-sites. 



CONSTRUCTION OF ROADS. 


11 


She whon1 he ,vas 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 ,vas put up 
by 'Villianl Fello,vs, ,vho left his property in the 
keeping of one Kellogg, Short gave Williamson so 
much trouble that he finally abandoned the clain1 and 
,vent to California to seek a fortune in the Inines. 
The cotton,vood tree ,vhich Cra,vford n1ade the start- 
ing-point of his survey, and ,vhich \yas taken as the 
corner of the United States Inilitary p08t in 1850, 
,vas standing iu 1878. The passage of the donation 
la,v brought up the question of titles to Vancouver, 
but as these argulnents and decisions ,vere not con- 
sidered till after the territory of Washington ,vas set 
off froill Oregon, I \villleave them to be discussed in 
that portion of this ,york. Astoria, never having 
been the seat of a Inission, either Protestant or Cath- 
olic, and being on soil ackno,vledged froln the first 
settlement as American, had little or no trouble about 
titles, . and it ,vas only necessary to settle ,vith the 
governlnent ,vhen a place for a military post ,vas tem- 
poraril y required. 


The practice of jUlnping, as the act of trespassing 
on land clain1ed by another ,vas called, becalne lllore 
comlnon as the tinle ,vas supposed to approach ,vhen 
congress \vould n1ake the long-promi
ed donation to 
actual settlers, and every nlan desired to be upon the 
choicest spot ,vithin his reach. I t did not lllatter to 
the intruder ,vhether the person displaced ,vere Eng- 
lish or Âlnerican. Any slight fla,v in the proceedings 
or neglect in the custolIlary ob8ervances rendered the 
clain1ant liable to be cro,vded off his land. But ,vhen 
these intrusions became frequent enough to attract 
the attention of the right-lninded, their \vill ,vas nlade 
kno\vn at public meetings heLl in all parts of the ter- 
ritory, and all persons were ,varned against yiolating 
the rights of others. They ,vere told that if the 



12 


CONDITION OF AFFAIRS. 


existing Jaw ,vould not prevent trespass the legisla- 
ture should make one that \vould prove effectual. 18 
Thus ,yarned, the envious and the grasping \vere gen- 
erally restrained, and clainl-jun1ping never assulllcd 
alarming proportions in Oregon. Considering the 
changes nlade every year in the population of the 
country, public sentiment had lTIuch \veight \vith the 
people, and self-government attained a position of 
digni ty. 
Although no clain1ant could sell the land he held, 
he could abandon possession and sell the inlprove- 
ments, and the transaction vested in the purchaser all 
the rights of the forn1er occupant. In this ll1anner 
the land changed occupants as freely as if the title 
had been in the original possessor, and no serious in- 
convenience ,vas experiencecl 19 for the \vant of it. 

-'e'v la\vs ,vere enacted at the session of 1847, as 
it ,vas believed unnecessary in vie,v of the expected 
near approach of governlnent by the U niteù States. 
But the advancing settlen1ent of the country dellland- 
ing that the cour...t.y boundaries should be fixed, and 
ne,v ones created, the legislature of 1847 established 
the counties of Linn and Benton, one extending east 
to the Rocky 1\Ioulltains, the other ,vest to the Pacific 
Ocean, antI both south to the latitude 42 0 . 20 
Thé construction of a number of roads ,vas also au- 
thorized, the longer ones being froln Portland to l\Iary 
River, and frolll 
iultnolnah City to the same place, 
and across the Cascade Mountains by the \vay of the 
Santialn River to intercept the old en1Ìgrant road in 
the valley of the l\lalheur, or east of there, fronl 
\vhich it \vill be seen that there ,vas still a conviction 
in sonle nlÏnds that a pass eXlsted which \vould lead 
travellers into the heart of the valley. That no such 
pa
s \vas discovered in 1848, or until long after annual 
caravans of wagons and cattle fi
on1 the States ceased 
18 Or. Rpectator, Sept. 30, 1847. 
1911oldcn's OJ". Pi,onceriny, :MS., G. 
20 0,.. Laws, 1843-0, 50, 53-G; Benton County Almanac, 1876, 1, 2; Or. 
Pioneer .Assoc., T1'ans., 187.), 59, 



CURRENCY AND PRICES. 


13 


to deuland it, is also" true. 21 But it \vas a benefit to 
the country at large that a nlotive existed for annua] 
exploring eJ:peditions, each one of \v hich brought 
into notice sonle ne\v and favorable situations for 
settlelnents, besides pronloting discoveries of its nlin- 
eral resources of importance to its future develop- 
ment. 22 


On account of the unu.sual and late rains in the 
sunllner of 1847, the large in1nligration \vhich greatly 
increased the home consumption, and the Cayuse \VaT 
\vhich reduced the number of producers, the colony 
experienced a depression in business and a rise in 
prices \v hich ,vas the nearest approa.ch to financial 
distress ,vhich the country had yet suffered. Farm- 
ing utensils "
ere scarce and dear, cast-iron ploughs 
seIJing at forty-five dollar8.23 Other tools ,vere equally 
scarce, often requiring a n1an ,vho 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 Anlericans. Nails brought from t,v-enty 
to t\venty-five cents per pound; iron t\velve and a 
half. Groceries \vere high, coffee bringing fifty cents 
a pound; tea a dollar and a half; coarse Sand\vich 
Island sugar t\velve and fifteen cents; common n1'o- 
lasses fifty cents a gallon. Coarse cottons brought 
t\venty and t\venty-five cents a yard; four-point 
blankets five dollars a single one; but ready-made 
comrnon clothing for men could be bought cheap. 
Flour \vas 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 
roarlleading 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 
01'. and Oal., i. 331-47; S. F. Californian, April 19, 1848. 
23 Brown says: "Vereaped our wheat mostly with sickles; we made wooden 
mould-boards with a piece of iron for the coulter.' JVillamette Valley, 1IS., 6. 



14 


CONDITION OF AFFAIRS. 


high prices for those tilnes, but destined to become 
highcr. 24 
The evil of high prices was aggravated by the 
nature of the currency, which ,vas government scrip, 
orders on Inerchants, and 'v heat; the fornler, though 
dra\ving interest, being of uncertain value o,ving to 
the state of the colonial trea$ury \vhich had never 
contained 1110ney equal to the face of the governnlent's 
prorr1Ïses to pay. The la\v n1aking orders on n1er- 
chants currency constituted the lnerchant a banker 
,vithout any se
urity for his solvency, and the value 
of ,vheat ,vas liable to fluctuation. There ,vere, be- 
sides, different kinds of orders. An Abernethy order 
,vas not good for some articles. A Hudson's Bay 
order Inight have a cash value, or a beaver-skin value. 
In nlaking a trade a Inan \vas paid in Couch, Aber- 
nethy, or Hudson's Bay currency, all differing in 
value. 25 The legislature of 1847 so far amended the 
currency act as to nlake gold and silver the only la,v- 
ful tender for the paynlent of judgments rendered in 
the courts, ,yhere 110 special contract existed to the 
contrary; but making treasury drafts Ia,vful tender 
in paYlnent of taxes, or in conlpensation for the ser- 
vices of the officers or agents of the territory, unless 
other\vise provided by la,v; and providing that all 
costs of any suit at la\v should be paid in the sanle kind 
of money for ,vhich judgnlent n1ight be rendered. 
This relief 'vas rather on the side of the litigants 
than the people at large. l\ferchants' paper ,vas \vorth 
as Inuch as the standing of the merchant. N o\vhere 
in the country, except at the Hudson's Bay C0111pany's 
store, \vould an order pass 
t par. 26 The inconvenience 
of paying for the sirnplest article by orders on ,vheat 
in \varehouse 'vas annoying both to purchaser and 
seller. The first money brought into the country in 
any quantity ,vas a barrel of silver dollars recei ved at 


2
 s. F., California Str:tr, July 10, 1847; Crawford's Nar., MS., 119-20. 
2a LovcJoy's Portland, :MS., 35-6, 
26 Bri[J[/ß Port Townsend, 
IS., 11-13. 



SHIPPING. 


15 


Vancouver to be paid in monthly sums to the crew 
of the JIodeste. 27 The subsequent overland arrivals 
brought some coin, though not enough to. re1nedy the 
e-vi l. 
One effect of the condition of trade in the colony 
was to check credit, which in itself ,vould not have 
been injurious, perhaps,28 had it not also tended to 
discourage labor. A Inechanic ,vho ,vorked for a 
stated price ,vas not ,villing to take \v hatever lllight 
be given him in return for his labor. 29 
Another effect of such a nlethod ,vas to prevent 
vessels cOIning to Oregon to trade. so The nUlnber of 
27 Roberts' Recollections, 
IS,. 21; Ebbert's Trapper's Life, 
IS., 40. 
28 Howison relates that he found many families who, ratl}er 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 thdr first crop, Coast and Country, 16. 
:!9.1\Ioss 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, eyen when his own notcs were presented. 
Anderson had purchased part of a beef, '" hich he wished to salt for fa.mily 
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 'l'ime.-;, 
IS., 
40-3. 
so 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 Ganymprle, 
Forage}", Nereid, Columbia, Cou'litz, Diamond, V'ancouver, JVave, Brothf'rs, 
Janel, Admiral 1.[oorso7n, the brig .Mary Dare, the schooner Cadboro, and the 
steamer Bearer, 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, Vanco'llt'er, and the schooner 
Cadboro crossed the bar of the Columbia more frequently than any other Yes- 
sels from 1836 to 1848. The captains engaged in the English service were 
Eales, Royal, Home, Thompson, .1\IcNeil, Duncan, Fowler, Brotchie, 
Iore, 
Darby, Heath, Dring, Flere, \Veyingtoll, Cooper, McKnight, Scarborough, and 
Hl:mphreys, who were not always in command of the same vessel. There 
was the annual \'essel to and from England, but the others were employed in 
trading along the coast, and between the Columbia TIiver and the Sandwich 
Islands, or Califon1Ía, their voyages extending sometimes to Valparaiso, from 
which 11arts they brought the few passengers coming to Oregon. 
The first American ,'essel to enter the Columbia after the arrival of the 
missionaries was the brig Lm"iot, Captain Bancroft, in Dec. 1836; the second 
the Diauo, Captain 'V. S. Hinckley, l\1ay 1837; the third the Lausanne, 
Captain Spaulding, :May 1840. None of these came for the purpose of trade. 
There is mention in the 25th Cmlg., 3d Bes8., U. S. Com. Rcpt. 101, 58, of 
the ship Joseph P(,(lbod!f fitting out for the Northwest Coast, but she did not 
enter the C1lumbia so far as I can learn. In August 1840 the first American 
trader since 'Yyeth arrived. This was the brig 1.lm'yland, Captain John H. 
Couch, from Newburyport, belonging to the house of Cushing & Co. She took 
a. few fish and left the river in the autuIDu no\ er to return. In April 1841 



16 
American vessels ,vhich brought goods to the Colum- 
bia or carried away the products of the colony ,vas 
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 Alnerican vessels 
entering during this period cOll1prised t,venty-t\VO of 


CO:KDITION OF AFFAillS. 


the second trader appeared, the Thomas H. Perkin.'!, Captain Varney. She 
remained through the summer, the Huùson's Bay Company finally purchas- 
ing her cargo anù chartering the yessel 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 \Vilkes 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 ,-ressel, the ChenamllS, 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 
\Villamette Valley, anù 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-.ilJaker. Another American vessel whose name does 
not appear, but whose captain's name was Chapman, entered the river April 
lOth to tradc and fish, and remained till autumn. She sold liquor to the Clatsop 
and other savages, find 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, 
he brought seyeral settlers, namely: Philip Fos. 
ter, wife, and 4 children; F. 'V. Pettygrove, wife, and child; Peter F. Hatch, 
wife and child; and Nathan P. 
lack. Pettygrove brought a stock of goodsalld 
began trade at Oregon City. In August of the same year another vessel of the 
N ewburyport Company arrived with Indian goods, and some articles of trade 
for settlers. This was the bark Pallas, Captain Sylvester; she remained until 
Kovember, when she sailed for the Islands and was sold there, Sylvester 
returning to Oregon the following April 1844 in the Chenam'lls, Captain Couch, 
which had made a voyage to Newburyport and returned. She brought from 
Honolulu Horace Holden and family, who settled in Oregon; also a l\Ir Cooper, 
wife and boy; 
Ir and 1\Irs Burton and 3 children, besides Griffin, Tidd, and 
Goodhue. The Chenamus seems to have made a voyage to the Islands in the 
spring of 184.j, in command of Sylvester, and to have left there June 12th 
to return to the Columbia. This was the first direct trade with the Islands. 
The Chfnamus brought as passengers Hathaway, 'Veston, Roberts, John Crank- 
bite, and Elon Fellows. She sailed for N ewburyport in the winter of 184.j, 
and did not return to Oregon. In the summer of 1844 the British sloop-of- 
war .111odcste, Captain Baillie, entered the Columbia and remained a short time 
at Vancou,'er. On the 31st of July the Belgian ship L'l1ifatifJable entered 
the Columbia by the before undiscovered south channel, escaping wreck, to 
the surprise of all beholders. She brought De Smet and a Catholic reënforce- 
ment for the missions of Oregon. In April 1845 the Swedish brig Bull visited 
the Columbia; she was from China: Shil1iber, supercargo. Captain 'V orn- 
grew remained but a short time. On the 14th of October the Amer- 
ican bark, Toulon, Captain Nathaniel Crosby, from New York, aITived 
with goods for Pettygrove's trading-houses in Oregon City and Portland: 
Benjamin Stark jun., supercargo. In September the British sloop-of-war 
ltlodeste returned to the Columbia, where she remained till June 1847. The 
British ship-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, retuIJling June 24th with a cargo of sugar, molasses, coffee. 



L\IPORTS AXD P ASSE
GERS. 


17 


all classes. Of these in the first six years not one 
,vas a tra(ler; in the follo,ving six years seven ,vere 
traders, but only four brought cargoes to sell to 
the settlers, and these of an ill-assorted kind. Fronl 
1\Iarch 1847 to August 1848 nine different Al11crican 
vessels visited the Columbia, of \vhich one brought a 


cotton, woollen. goods, and hardware; als9 a number of passengers, viz.: 1\1r8 
'\l1ittaker and 3 children, and Shelly, Armstrong, Rogers, Oyerton, Norris, 
Brothers, Powell, and ,French and 2 sons. The 1'oulon continued to run to 
the Islands for several years. On the 26th of June 1846 the American bark 
lJIru'iposa, Captain ParSons, arrived from K ew York with goods consigned to 
Benjamin Stark jun., with 1\lr anll :Miss 'Vacbworth as l)assengers, The -,.lIar;'. 
POS(t remained l)ut a few weeks in the river. On the 18th of July the U. S. 
schooner Sharf;"
 Captain Neil 1\1. Howison, entered the Columbia, narrowly 
escaping shipwreck on the Chinook Shoal. She remaineù till Sept., and was 
wrecked going out of the mouth of the river. During the summer the British 
frigate FisflarJ, Captain Duntre, was stationed in Puget Sound. About the btof 
1\1arch 1847 the brig IIem'y, Captain \Villiam K. Kilborne, arrived from K ew- 
buryport for the purpose of establishing a new trading-house at Oregon City. 
The lffnry brought as l)assengers 1\Irs Kilborne am} children; G. 'V. Lawton, a 
partner in the yenture; D. Good, wife, and 2 children; ßlrs \Vilson and 2 
children; H. Swasey and wife; R. Douglas, D. :Markwood, C. C. Shaw, B. 
R. ß1arcellus, adS. C. Reeves, who became the -first pilot on the Columbia 
River bar. The goods brought by the IIenry wcre of greater variety 

han any stock before it; but they were also in grcat part second-hand arti- 

les of furniture on which an enormous profit was made, but which sold 
readily owing to the great need of stoves, crockery, cabinet-ware, mirrors, 
!lnd 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 
1arch the hrig Commodore Stocl
ton, Captain Y ol1ng, 
[rom San Francisco, arrived, probably for lumber, as she returned ill April. 
The Stockton was the old Pallas renamed. On the 14th of June the American 
ship Brutlls, Captain Adams, from TIoston and San Francisco, arrived, and 
remained in the river several weeks for a cargo. On the 22J of the same 
month the American bark JVhiton, Captain Gelston, from 
1onterey. arrived, 
also for a cargo; and on the 27th the American ship J.lount Vcrnún, Captain 
O. J. Given, from Oahu, also entered the river. By the JVhiton there came
 
as settlers Rev. \Villiam Roberts, wife and 2 chilùren, Rev. J. H. \Vilbur, 
wife, and daughter, Edward F. Folger, Richard Andrews, George \Vhitlock, 
and J. 1'1. Stanley, the lattcr a painter seeking Indian studies for pictures. 
The JVh-iton returned to California and made another visit to the Columbia 
River in Sep
ember. On the 13th of August there an-Ì\Ted from Brest, J:t""rance, 
the bark L'Etoile du lJlatin, Captain l\lenes, with Archbishop Blanchet and a 
Catholic reënforcement of 21 persons, viz.: Three Jesuit priests, Gaetz, 
Gazzoli, J\1enestrey, and 3 lay brothers; 5 secular priests, Le Bas, 
Ic- 
Cormick, Deleveau, Pretot, and Veyrct; 2 deacons, B. Delorme, and J. F. 
Jayol; and one cleric, T. 1\lesplie; and 7 sisters of Not:re Dame de Kamur. 
Captain 
Ienes afterwards engaged in merchandising in Oregon. L'L'toile du 
ßlatin was wr('cked on the bar. On the 16th of 1\Iarch 184:8 the U. S. trans- 
port Anita, 1\lidshipman \V oodworth in command, arrived in the Columbia to 
rccuit for the army in 1\lexico, and remained until the 22d of April. About 
this time the American brig Eeeline, Captain Goodwin, entered the Columbia 
for a cargo of lumber; she left the river 1\Iay 7th. The Hawaiian schooner 
frIarYI Ann, Captain Belcham, was also in the river in April. The 8th of 
Iay 
the HuJson's :Bay Company's bark Vancouver, Captain Duncan, was lost after 
crossing the bar, with Do cargo from London valued at :E30,OOO, and unin- 
RIST. OR., VOL. II. 2 



18 


COXDITION OF AFFAIRS. 


stock of general 111erchandise, and the rest had conle 
for provisions and lumber, chiefly for California. All 
the commerce of the country not carried on by these 
fe\y vessels, most of theln arriving and departing but 
once, was enjoyed by the British fur cOlllpany, \vhose 
barks formed regular lines to the Sand\vich Islands, 
California, and Sitka. 
It happened that during 1846, the year follo\ving 
the incorning of three thousand persons, not a single 
ship from the Atlantic ports arrived at Oregon \vith 
Inerchandise, and that all the supplies for the year 
\vere brought from the Islands by the Toulon, the 
sole American vessel o\vned by an Oregon conlpany, 
the Chenc17î1us having gone hOlne. This state of 
affairs occasioned nluch discontent, and an exanlina- 
tiou into causes. The principal grievance presented 
\vas the rule of the Hudson's Bay Conlpany, \vhich 
prohibited their vessels froln carrying goods for per- 
sons not concerned \vith them. But the o\vners of 
the only t\VO Anlerican vessels employed in transpor- 
tation bet\veen the Colulllbia 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 proyisions; and about the same time the British war-ship Con- 
stance, Uaptain Courtenay, arrived in Puget Sound. The Hawaiian schooner 
Starlin
, Captain :Menzies, arrived the 10th of August in the river for a cargo 
of provisions. The JIeury 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 Columhia. The close of the l)eriod was marked hy the wreck of the whale- 
ship }.Ia;1le, Captain :Ketcher, with 1,400 barrels of whale-oil, 1:>0 of sperm-oil, 
and 14,000 pounds of bone. She had been two years from Fairha,-en, 
lass., 
and was a total loss, The American schooner JJI aria, Captain De 'Vitt, was 
in the river at the same time, for a cargo of flour for San Francisco; also the 
sloop Peacock, Captain Cieri the brig Sabine, Captain Crosby; and the schooner 
Ann, Captain :Melton; all for cargoes of flour anù lumber for San I<'rancisco. 
Later in the summf'r the ]larpooner, Captain :I\Iorice, was in the river. The 
sources from which I haye gleaned this information are jJlcLougldin's Private 
Papers, 2d ser., 
IS.; DOllglas' Private Papers, 2ù ser., 
IS; a list made 
by Joseph Hardisty of the IIudsoll's Bay Company, and published in the 
Úr. Spectator, Aug. 19, IS:>l; Parker's Journal 7 . Kr!ley's Colonization of Or.; 
:J'ownsend's Nar.; Lee and Proðt's Or.; IIines' Or. Ilist.; 2ìtl" Cong., 3d Sess., 
II. Corn. Eept. 31, 37 7 . }{Ues' Reg., lxi. 320; JVilkes'lVm". U. S. E.rplor. Ex., 
iv. 312; .Athey's TVod'shops, I\1S., 3; IIonolltl1
 Priend 7 . 1I1ontldy 8hijJping List 7 . 
PettY!lrove's Ur" 
IS., 10; Victor's Riær of the JVest, 392, 398; llonoluht }..Tell
s 
8hippi71[f Li.o.;t, 184S; Sylvest( 1"8 Úlym]lia, 
IS., 1-4; Df'ady's Scrap-book, 140; 
lIonolulu Gazette, Dec. 3, 183G; IJonollllu Po/yne.<oïÏan, i. 10, 39,51,54; }.!ack's 
Or., 1\18., 2; Blalicli,et's ln8t. Catlt. Churclt in Or., 143, 158. 


. 



FLOUR, SALT, AXD SAL:
10N. 


19 


adopted the same rule, and refused to carry ,vheat, 
IU111ber, or any other productions of the country, for 
private individuals, having freight enough of their 
o,vn. 
The granaries and flouring-mills of the country 
were rapidly becoming overstocked; lumber, laths, and 
shingles ,vere being Inade much faster than they could 
be disposed of, and there ,vas no ,va y to rid the colony 
of the over-production, ,vhile money ,vas absolutely 
required for certain classes of goods. As it \vas de- 
clared by one of the leading colonists, "the best fan1Ïlies 
in 
he country are eating their meals and drinking 
theJr tea and coffee-'\7hen our lnerchants can afford 
it-fron1 tin plates and cups ;31 n1anyarticles of cloth- 
ing and other things actually necessary for our con- 
sUlnption are not to be purchased in the country; our 
children are gro,ving up in ignorance for ,vallt of 
school-books to educate then1; and there has not Leen 
a plough-mo
ld in the country for 11lany Inonths." 
In the autun1n of 1845 salt becan1e scarce, and \vas 
raised in price froin sixty-t\yO and a half cents a bushel 
to t\VO dollars at l\fcLoughlin's store in Oregon City. 
The American merchants, Stark and Pettygrove, sa\v 
an opportunity of securing a nlonopoly of the sahnon 
trade by ,vithholding their salt, a cash article, fronI 
Inarket, at any price, and many falnilies ,vere thereby 
cOlnpelled to dispense ,vith this condÎ1nent for n1onths. 
Such ,vas the enn1ity of the people, ho\vever, to\\l'ard 
l\IcLoughlin as a British trader, that it \vas seriously 
proposed in Yalnhill County to take by force the salt 
of the doctor, ,vho ,vas selling it, rather than to rob 
the Aillerican merchants \vho refu
ed to sel1. 32 
It ,vas deelned a hardship \vhile flour brought froln 
ten to fifteen dollars a barrel in the Ha\vaiiall Island.:;, 


81 
fcCarver, in Or. Spectator, July 4, 1846. Thornton says l\Ir 'Vaymire 
paid Pettygrove, at Portland, S:!.50 'for 6 yery plain cups and saucers, which 
could be had in the States for 2.3 cents; and the same for 6 very ordinary and 
plain plates. ''''heat at that time was worth $1 per bushel.' Or. and Cal., li. 
52. 
32 Bacon'B .J.lIerc. Life in Or. City, 
IS., 22. 



20 


CONDITION OF AFFAIRS. 


and N e,,,, York n1erchants made a profit by shipping 
it froin Atlantic ports ,y here 'v heat \vas \vorth lllore 
than t\vice its Oregon price, that for \vant of shipping, 
the fur company and t\VO or three Alnerican 111er- 
chants should be privileged to enjoy all the benefits 
of such a ll1arket, the farlners at the san1e tinle being 
kept in debt to the merchants by the lo\v price of 
\yheat. l\Iany long articles ,vere published in the 
l
J.)ectatol" exhibiting the enormous injury sustained on 
the one hand and the extraordinary profits enjoyed 
on the other, SOlne of \vhich \vere ans\vered by J an1es 
Douglas, \vho was annoyed by these attacks, for it 
,vas al,vays the British and not the .American traders 
,,-ho ,vere blamed for taking advantage of their oppor- 
tunity. The fur company had no right to avail then1- 
sel ves of the circumstances causing fluctuation; only 
the Alnericans lnight fatten then1selves on the ,vants 
of the people. If the fur con1pany kept do\vn the 
price of \vheat, the Alnerican merchants forced np the 
price of merchandise, and if the foriner occasionally 
lnade out a cargo by carrying the flour or lumber of 
their neighbors to the Islands, they charged then} as 
luuch as a vessel c01l1ing all the ,vay out from N e\v 
York ,vould do, and for a passage to Honolulu one 
hundred dollars. In the summer of 1846 the super- 
cargo of the Toulon, Benjan1in Stark, jun., after carry- 
ing out flour for Abernethy, refused to take the return 
freight except upon such terms as to Inake acceptance 
out of the question; his object being to get his o"
n 
goods first to market and obtain the price consequent 
on the scarcity of the supply.33 Palrller relates that 
the American Inerchants petitioned the Hudson's Bay 
Company to advance their prices; and that it \vas 
agreed to sell to An1ericans at a higher price than 
that charged to their o,vn people, an arrangement that 
lasted for t\VO years. 34 


83 Or. Spectator, (July 23, 1846; Ilowison's Coast and Country, 
iS., 21; 
JValdo's Critiques, MS., ]8. 
:Jt Palmer's Jow.nal, 117-18; Roberts' Recollections, l\IS., 67. 



INFLUENCE OF :MONOPOLY. 


21 


The colonists felt that instead of being half-clad, 
and lleprived of the custonlary convenienceb of living, 
they ought to be selling frolll the abundance of their 
farnls to the Anlerican fleet in the Pacific, and 
reaching out to\vard the islands of the ocean and to 
China \vith ships of their o\vn. To rellledy the eyil 
and bring about the result aspired to, a plan ,vas pro- 
posed through the SlJectator, \v hereby \vithout 1110ney 
a joint-stock COlllpany should be organized for carry- 
ing on the conlmerce of the colony in opposition to 
the merchants, British or American. This plan ,vas 
to nlake the capital stock consi8t of six hundred 
thousand or eight hundred thousand bushels of \vheat 
di \Tided into shares of one hundred bushels each. 
"\Vhen the stock should be taken and officers elected, 
bonds should be executed for as much uloney as 
,vould buy or build a schooner and buy or erect a 
grist-n1il1. 
A meeting ,vas cal
ed for the 16th of January 1847, 
to be held at -the l\Iethodist 111eeting-house ill Tuala- 
tin plains. T\vo lneeting \vere held, but the conclu- 
sion arriyed at \vas ad verse to a chartered con1pallY; 
the plan adopted for disposing of their surplus \vhcat 
being to select and authorize an agent at Orègon City 
to receive and sell the grain, and inlport the gooch; 
desired by the o\vners. A conlmittee \vas chosen to 
consider proposals from persons bidding, and Goyernor 
Abernethy \vas selected as n1iller, agent, and ilnporter. 
T,venty-eight shares ,vere taken at the second lllect- 
iug in Yalnhill. An invitation was extended to other 
counties to hold Ineetings, correspond, anù fit theln- 
selves intelligently to carry for\vard the project, \vhich 
ultilnately ,vould bring about the fornlatioll of a char- 
tered company.35 The scheme appeared to be on the 


55 The leac1ers in the movement seem to have been E. Lennox, 1\f. 1\1. )Ic- 
Carver, David Hill, J. L. 1\leek, Lawrence Hall, J, S. Griffin, and Caffen- 
burg of Ymnhill; DaYid Leslie, L. H. Juùson, A, A. Robinson, J. S. Smith, 
Charles Bennett, J. B. :McClane, Robcrt Newcll, T. J. Hubbard, and E. 
Dupuis of Champoeg. Or. /:Jpectator, 
larch 4 and April 29, 1847; S. Jj'. Cali- 
fúrniaStar, Feb. 27,1847. 



22 


CONDITION OF AFFAIRS. 


'Ya
y to success, ,vhen an unlooked-for check ,vas re- 
ceived in the loss of a good portion of the year's crop, 
by late rains \vhich damaged the grain in the fields. 
This deficiency ,vas follo\ved by the large inlmigration 
of that year \vhich raised the price of wheat to double 
its forn1er value, and rendered unnecessary the plan of 
exporting it; \vhile the Cayuse ,var, follo\ving closely 
upon these events, absorbed nluch of the surplus 
nleans of the colony. 
Previous to 1848 the trade of Oregon ,vas with the 
Ha,vaiianIslandsprincipally,and the cxports anlounted 
in 1847 to $54,784.99. 36 This trade fell off in 1848 
to $14,98G.57; not on account of a decrease in ex- 
ports ,vhich had in fact been largely augIl1ented, as 
the increase in the shipping sho\vs, but fro111 being 
diverted to California by the American conquest and 
sett.len1ent; the' dClnand for lumber and flour begin- 
ning some lTIonths before the discovery of gold. 37 


The colonial period of Oregon, ,vhich n1ay be likened 
to nlan's infancy, and \vhich had struggled through 
11 un1erous disorders peculiar to this phase of existence, 
had still to contend against the constantly recurring 
nakedness. From the fact that do\vn to the close of 
1848 only five ill-assorted cargoes of American goods 
had arrived froln Atlantie ports,38 ,vhich \vere partially 


86 Polynesian, iv. 135. I notice an adyertisement in S. I. F7"iend, April 
1843, where Albcrt E. 'Vilson, at Astoria, offers his services as commission 
mcrchant to persons at the Islands. 
87 Thontlon's 01'. and Cal" ii. 63. 
38 Thc cargo of the Toulon, the last and largest supply down to the close of 
1843, consisted of '20 cases wooden clocks, 
O Lbls. dried apples,;} small mills, 
] doz. crosscut-saws, mill-saws and saw-sets, mill-cranks, ploughshares, and 
pitchforks, 1 winnowing-machine, 100 casks of cut nails, 50 boxes saùdler's 
tacks, 6 boxes carpenter's tools, 12 doz. hand-axes, 20 boxes manufactured 
tobacco, 5,000 cigars, 50 kegs white leaù, ]00 kegs of paint, ! doz. medicine- 
chests, 50 bags ltio coffee, 2.3 bags pcpper, 200 boxes soap, 50 cascs boots anù 
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, ü doz. satinet jackets, 12 doz. linen duck pants, 
] 0 ùoz, cotton duck pants, ] 2 doz. red flannel shirts, 200 dozen cotton hanù- 
kerchiefs, ü cases white cotton flannels, ü bales extra beavy indigo-blue cot- 
ton, 2 cases negro prints, 1 casc black velvetcen, 4 bales 
Iackinaw blankets, 
1.:;0 casks and bbis. molasses, 450 hags sugar, etc., for sale at reduced prices 
for cash.' Ur. Spectator, Feb. 5, 184G. 



THE COLONIAL PERIOD. 


23 


replenished by purchases of groceries Inade in the 
Sand,vich Islands, and that only the last cargo, that 
of the IIen-ry in 1847, brought out any assortnlent of 
goods for ,vonleu's ,year,39 it is strikingly apparent 
that the greatest want in Oregon ,vas the ,vant of 
clothes. 
The children of sorne of the foren1ost Inen in the 
farn1Ïng districts attended school ,vith but a single gar- 
111ent, ,vhich ,vas 111ade of coarse cotton sheeting dyed 
"Tith copperas a ta,vny yellow. During the Cayuse 
,val' SOllle young house-keepers cut up their only pair 
of sheets to nlake shirts for their husbands. Some 
,vonlen, as ,veIl as men, dressed in buckskin, and in- 
stead of in ernline justiée ,vas forced to appear in blue 
shirts and ,vith bare feet. 40 And this not\vithstanding 
the annual ship-load of Hudson's Bay goods. In 1848 
not a single vessel loaded ,vith goods for Oregon 
entered the river, and to heighten the destit.ution the 
fur company's bark TTancouveT ,vas lost at the en- 
trance to the river on the 8th of l\fav, ,vith a valuable 
cargo of the articles l1l0st in denland
 'v hich ,vere agri- 
cultural ilnplements and dry-goods, in addition to the 
usual stock in trade. Instead of the \vives and daugh- 
ters of the coloni:5ts being clad in garlnents becolning 
their sex and position, the natives of the 10\verColulubia 
decked in dall1aged English silks 41 picked up along the 
beach, gathered in great glee their SUlnUler crop of 
blackberries among the Inountains. The ,vreck of the 
Vancouve1'. was a great shock to the colony. A large 
alTIOuntt of grain had been so\vn in anticipation of the 


39 The Ilenry' brought 'silks, mousseline de laines, cashemeres, d 'écosse, 
balzarines. muslins, lawns, brown anù bleacheù cottons, cambrics, tartan and 
net-wool shawls, laùies and misses cotton hose, white and colored, cotton anù 
silk handkerchiefs.' Id., Aprill, l84.r:: 
40 These facts I have g!tthered from conversations with many of the pio- 
neers. They have also been alludeù to in print by Burnett, Adams, 
loss, 
N esmitb, and :l\Iinto, and in most of the manuscript authorities. 
los::i tells 
an anecdote of Straight when he was electeù to the legislature in 184.3. He 
had no coat, and was distressed on account of the appearance he shoulù make 
in a stripeù shirt. 1\loss having just been so fortunate as to haye a coat maùe 
by a tailor sold it to IÚm for 
!O in scrip, .which has never been reùeemed. 
Pioneer Tirnf's, 1\18., 43-4. 
41 Crawford's Nar., 11S., 147; S. F. Californian, :\1ay 24, 1848. 



24 


CONDITION OF AFFAIRS. 


demand in California for flour, ,vhich it "Tould be im- 
possiLle to harvest \vith the means at hand; and al- 
though by sonle rude appliances the loss \vas partially 
overcorne it could not be \vholly redeelned. To add to 
their n1Ìsfortunes, the \y hale-ship J.1Iaine was \vrecked 
at the same place on the 23d of August, by which the 
gains of a two years' cruise \vere lost, together with 
the ship. 
The disaster to this second vessel was a severe blo\v 
to the colonists, \",ho had al\vays anticipated great 
profits fronl nlaking the Colun1bia River a rendezvous 
for the \vhaling-fleet on the north-\vest coast. Sonle 
of the o\vners in the east had reC0111lnended their sail- 
ing-masters to seek supplies in Oregon, out of a desire 
to assist the colonist.s. But it \vas their ill-fortune to 
have the first ,vhaler attelnpting entrance broken up 
on the sands where t\VO U l1ited States vessels, the 
Peacock and Shark, had been 10st. 42 Ever since the 
,vreck of the Shark efforts had been made to inaug- 
urate a proper systenl of pilotage on the bar, and 
one of the constant petitions to congress \vas for a 
steam-tug. In the absence of this benefit the Oregon 
legislature in the ,vinter of 1846 passed an act estab- 
lishing pilotage on the bar of the Col UIn bia, creating 
a board of comn1issioners, of which the governor \vas 
one, \vith po\ver to choose four others, \vho should 
exan1Îne and appoint suitable persons as pilot.s. 43 
The first American pilot was S. C. Reeves, \vho 
arrived in the brig lIenry from N e\vburyport, in 
l\fareh 1847, and \vas appointed in Apri1.44 He \vent 
ilnmediately to Astoria to study the channel, and \vas 
believed to be competent. 45 But the disaster of 1848 


42 During the winter of 1845-6, 4 American whalers were lying at Vancou- 
v.er Island, the ships .11forrison of :\Tass., Loui.'ie of Conn., and 2 others. Six 
seamen deserted in a whale-boat, but the Indians would not allow them to 
land, anù being compelled to put to sea a storm arose and 3 of them per- 
ished, Robert Church, Frederick Smith, and Rice of New London. .LViles' 
Rey., !xx. 341. 
43 0,.. S]Jectator, Jan. 7, 1847; Or. Lmcs, 1843-ü, 46. 
H The S. I. }tì'iend of Feb. 184ü said that the first and third mates of the 
It!aine had determined to remain in Oregon as pilots. 
4;; The Hudson's Bay Company had no IJilots and no charts, and wanted 



THE COLU
IBIA ENTRANCE. 


25 


caused him to be censured, and removed on the charge 
of conniving at the ,vreck of the Vancouver for the 
sake of plunder; a puerile and ill-founded accusation, 
though his services Illight ,veIl be dispensed \vith on 
the ground of incompetency.46 
If the sands of the bar shifted so nluch that there 
\vere six fathoms in the spring of 1847 'v here there 
\vere but t,vo and a half in 1846, as ,vas stated by 
captains of vessels,47 I see no reason for doubting that 
a sufficient change IIlay have taken place in the 'v inter 
of 1847-8, to endanger a vessel depending upon the 
\vind. But however great the real dangers of the Co- 
lUlnbia bar, and perhaps because they were great/ s the 


none, though they had lost 2 vessels, the JVilliam 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, 1\18., 6, 7. After coming 
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 TOtcnsend's Nar., 180. 
46 The first account of the wreck in the 
"''pectator of 
1ay 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 Jóven Guipu:coana, which was loaded with lumber, flour, and pas- 
sengers, anù sailed again for San Francisco in 1\1arch. He became master of a 
small sloop, the Flora, which capsized in Suisun Bay, while carrying a party 
to the mines, in l\iay 1849, by which he, a young man named Loomis, from 
Oregon, and several others were drowned. Crawford's Nar., 1\18., 191. 
47 Howison declarcd that the south channel was' almost closed up' in 1846, 
yet in the spring of 1847 Reeves took the brig Jlem'y out through it, and con- 
tinued to use it during the summer. Or. Spectator, Oct. 14, 184i; Hunt's 
ltlerch. },[ag., xxiii. 358, 5öO-l. 
48 Kelley and Slacum both advocated an artificial mouth to the Columhia. 
25th C01lg., 3d Sess., 1/. Com. Rept. 101, 41, 56. \Vilkes reported rather 
adversely than otherwise of its safety. Howison charged that "
ilkcs' charts 
were worthless, not because the survey was not properly made, but because 
constant altcrations were going on which rcndered frequent surveys ueces- 
sary, and also the constant explorations of resident pilots. Cow;;t and Coun- 
try, :MS., 8-9. About the time of the agitatÎon of the Oregon Question in the 
United States and England, much was said of the Columbia bar. A writer 
in the Edinbu1.[Jh Rpvielo, July 184;), declared the Columbia' inaccessible for 
8 months of the year.' Twiss, in his Or. (Jues., 3iO, represented the cntrance 
to the Columbia as dangerous. A writer in NiZ"s' ]lcg., lxx. 284, remarked 
that from all that had been said and printed on the subject for several years 
the impression was givcn that the mouth of the Columbia ''Was so dangerous 
to navigate as to be nearly inaccessible.' Findlay's Director!J, i. 33i-71; S. I. 



26 


CONDITION OF AFFAIRS. 


colonists objected to having them nlagnified by rumor 
rather than alleviated by the n1eans usual in such 
cases, and while they discharged Reeves, they used 
the SJ)ectcttor freely to correct unfavorable impressions 
abroad. There ,vere others ,vho had been ell1ployed 
as branch pilots, and who still exercised their vocation, 
and certain captains ,vho becan1e pilots for their o,vn 
or the vessels of others ;49 but there ,vas a time fol- 
low'ing Reeves' disinissal, 'v hen the shipping 'v hich 
Roon after forined a considerable fleet in the Coluln- 
bia. ran risks enough to vindicate the eharacter of the 
harbor, even though as sOlnetilnes happened a vessel 
,vas lost at the Inouth of the river. 


Friend, Nov. 2,1846; [d., March 15, June 1, 1847; AZbumlllexicana, i. 573-4; 
s. F. Pol.lfrzesian, iv. 1l0; S. F.Califoru-ian, Sept. 2,1848; Thornton's Or. and GaL, 
i. 303; Niles' Reg., lxix. 381. Henator Benton was the first to take up the 
championship of the river, which he did ill a speech delivered J\Iay 28, 1846. 
He showed that while 'Vilkes' narrative fostered a poor opinion of the entrance 
to thc 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. lllair, 
one of the midshipmen who surveyed it (the others were Reyno:ds and Knox), 
proved the same. Further, he had consulted John J\Iaginn, for 18 years pilot 
at :Kew York, and then president of the New York association of pilots, 
who had a bill on l)ilotage before congress, and had asked him to comparc the 
entrance of New York harbor with that of the Columbia, to which l\Iaginn 
had distinctly returned answer that the Columbia had far the better entrance 
ill everything that constituted a good harbor. Go 11[/. Globe, 1845-6, 9J.); Jd., 
921-2. 'Vhen Vancouver surveyed the river in 1792 there existed but one 
channel. In 1839 when Belchcr surveyed it 2 channels existed, and Sanù 
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 'Viikes 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 
ill 1846 almost closed again, but once more open in 1847. Subsequent gov- 
ernment surveys have notcd many changes. In 18,"50 the south channel was 
in a new place, and ran in a different direction from the old one; in 1832 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 contractcd to half its width at the bar, with its northern line on 
the line of 1830. 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 
1839 the south channel was agaill closed, and again in 1868 discovere(} 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. Hcpol't of llvt. :l\Iajor Gillespie, .Engineer Corps, 
U. S. A., Dec. 18, 1878, in Daily A,';[oriall. 
49 Captain N. Crosby is spoken of as taking vessels in and out of the river. 
This gentlcman 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 ,vas 
not in 1848 much in1provement over the Indian canoe 
or the fur conlpany's barge and bateau. The maritime 
industries seenl rather to have been neglected in early 
tilDes on the north-,vest coast not,vithstanding its 
natural features seerHed to suggest the usefulness if 
not the necessity of sean1anship and nautical science. 
Since the building of the little thirty-ton schooner 
Dolly at Astoria in 1811 for the Pacific Fur Com- 
pany, fe\v vessels of any description had been con- 
structed in Oregon. Kelley related that he sa,v in 
1834 a ship-yard at Vancouver ,vhere several vessels 
had been built, and ,vhere ships ,vere repaired,w ,vhich 
is likely enough, but they ,vere small and clumsy 
aflairs,51 and fe\v probably ever ,vent to sea. SOllIe 
barges and a sloop or two are mentioned by the 
earliest settlers as on the rivers carrying ,vheat frotH 
Oregon City to Vancouver, \vhich served also to con- 
vey faluilies of settlers do,vn the Colunlbia. 52 The 
Star of Oregon built in the 'Villalnette in 1841, ,vas 
the second vessel belonging to Anlericans constructed 
in these ,yaters. 
The first vessel constructed by an individual o,vner, 
or for colonial trade, ,vas a sloop of t,venty-five tons, 
built in 1845 by an Englishnlan nan1ed Cook, and 
called the CalCllJooya. I have also 111entioned that she 
proved of great service to the inl111igrants of that year 
on the Columbia and Lo,ver Willanlette. The first keel- 
boats above the falls ,vere owned by Robert N e,vell, 
and built in the ,vinter of 1845-6, to ply between Ore- 


50 25th Cong., 3d Ses8" II. Sup. Rept. 101, 59. 
51 The schooner (not the bark) Vancouver was built at Vancouver in 1829. 
She was about 1.10 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 
il11psoll, 
ass RÏ\'er, in June. Roùert,.;' Recollections, 
I
., 43. 
fJ2lJlack's Ur., MS., 2; EIJbel'tl3' 'l'rapp(r's Life, 1\18., 4.1; Or. Spectator, 
April 10, 1846. There is mention in the Spertator of June 2.1. 184ß, of the 
launching at VancolHTer of rplte Pri1l(.e of Wales, a ,-esse! 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 1\liss Douglas, 
escorted by Captain Baillie of the 111 odeste, amidst a large COllcourse of people. 



28 


CONDITION OF AFFAIRS. 


gon City and Champoeg, the lJIogul and the Ben 
Franklin. From the fact that the fare ,vas one dollar 
in orders, and fifty cents in cash, may be seen the esti- 
mation in \vhich the paper currency of the tin1e \vas 
held. Other similar craft soon follo\ved,53 and \vere 
esteemed inlportant additions to the comfort of trav- 
ellers, as \vell as an aid to business. Other transpor- 
tation than that by ,vater there \vas none, except the 
SlO'V-llloving ox-,vagon. 54 Stephen H. L. l\feek ad- 
vertised to take freight or passengers from Oregon 
City to Tualatin plains by such a conveyance, the 
,vagon being a covered one, and the tean1 consi
t- 
ing of eight oxen. 55 l\ledorum Cra\vford transported 
goods or passengers around the falls at Oregon City 
for a nurnber of years \vith ox-tea1ns. 56 
The lilen in the valley from the constant habit of 
being so much on horseback becan1e very good riders. 
The Canadian young 1nen and 'VOUlen ,vere especially 
fine equestrians and sat their lively and often vicious 
Cayuse horses as if part of the aninlal; and on Sun- 
day, ,vhen in gala dress, they made a striking appear- 
ance, being handsomein form as ,veIl as graceful riders. 57 
The Alllericans also adopted the custom of 'loping' 
practised by the horsenlen of the Pacific coast, 'v hich 
gave the riùer so long and easy a s\ving, and carried 
hinl so fast over the ground. They also beCa111e 
skilful in thro,ving the lasso and catching ,vild cat- 
tle. Indeed, so profitable ,vas cattle-raising, and so 


53 Or. Spectator, 
Iay28, 1846, TheGreat JVe8ternraninoppositiontoNewell's 
boatsinßIay; and two other clinker-built boats were launched ill the same month 
to run Letween Oregon City and Portland. In J Úne following I notice men- 
tion of the Salt River Packet, Captain Gray, plying between Oregon anù Astoria 
with passengers, Id., June II, 184û; Broum's Will. Valle?!, 
IS., 30; Bacon's 
ltlerc. Life Ur. Cily, 1\18., 12; JJTeed's Queen Oharlotte I. EXPfd" :M8., 3. 
;)4 Brown, in his JVillamette Vallt'Y, 1\18.,6, says that 1)efore 18M) 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 ,vere little useù 
in harness, but it is certain that many horse-teams came across the plains 
whose harnesses may:}mving been hanging unused, or made into gearing for 
riding-animals or for horses doing farm-work. 
55 Or. Spectator, Oct, 29, 1846. 
66 Crawford'sllIis.Q;,onar'ies, 1\18., 13-15. 
67 Minto's Early Days, MS., 31. 



:M:AIL FACILITIES. 


29 


agreeable the free life of the herdslnan or o,vner of 
st.ock, ,vho flitted over the endless green Ineado,vs, clad 
in fringed buckskin, \vith Spanish spurs jingling on 
his heels, and a crimson silk scarf tied about the 
\vaist,58 that to aspiring lads the life of a vaquero of- 
fered attractions superior to those of soil-stirring. 
He \v ho ,yould a ,vooing go, if unable to return the 
saIne day, carried his hlankets, and at night thre\v 
hinlself upon the floor and slept tillinorning, \v hen he 
n1Ïght breakfast before leave-taking. 
If there were none of the usual n1eans of tra1 r el, 
neither \vere there 111ail facilities till 1848. Letters 
\vere carried by private persons, \vho received payor 
not according to circumstances. The legislature of 
1845 in Decelnber enacted a la,v establishillg a gen- 
eral post-office at Oregon City, \vith "V. G. T'Vault 59 
as postlnaster-general, but the funds of the provisional 
gOYCrnnlent \vere too scanty and the settlelnents too 
scattered to n1ake it p088ible to carry out the inten- 
tion of the act. 60 . 


b8 If we may believe some of these same youths, no longer young, they were 
not always so gayly apparclled and 1l10unted. Says onc: '\V e rode with a 
rawhidc saddle, bridle, and lasso. The hit was Spanish, the stii'rups woodcn, 
the sinch horse-hair, and over all these, ridcr 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, J.1IcL
linnv;'llp Rrportcr, Jan. 4, 1877. 
59 \V. G. T'Vault was horn in Arkansas, whence hc removed to Illinois in 
184
, alld to Oregon in 1844. He was a lawyer, energetic and adventurous, 
foremost in many exploring expeditions, and also a strong partisan witl1 
southern-democracy proclivities. He possessed literary abilities and had 
something to do with carly newspapers, first with the Sp('ctat01', as presidcnt 
of the Orcgon printing association, and as its first editor; afterward as editor of 
the Table Rock Sentinel, thc first newspaper in southcrn Orcgon; and later of 
J. 1 he Intelli[/Pllcer. He was clectcd to the legislature ill 184(;' After the 
estahlislunent of the territ.ory he was again elected to the lcgislature, being 
speaker of the house in 18.38. Hc was twice prosecuting attorney of thc 1st 
judicial district, comprising Jackson County, to which hc had removed after 
the discovery of gold in Rogue River Valley, and held other puhlic positions. 
'Vhen 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 
18GD. Daily Salem Unionist, Fcb. 18G9; DcatllJ"
 Scrap-ùool', 1:!
; Jrtck.
on'l-.ille, 
Or., Sp1ltinel, Feb. G, 18G9; Dallas Polk Co. Signal, Feb, In, 18ü!). 
60 By thc post-office act, postage on lettcrs of a single shcet conveyed fo.r a 
distance not exceeding 30 miles was fixed at 1.3 cents; ovcr and not cxceedmg 
80 miles, 2.3 cents; ovcr and not exceeding 200 miles, 30 cents; 200 miles, 50 
cents. Ne\\'spapers, each 4 cents. The postmaster-gcneral was to receive 10 



30 


CONDITION OF AFFAIRS. 


The first contract let ,vas to Hugh Burns in the 
spring of 1846, ,vho ,vas to carry the lllail once to 
\Veston, in l\lissouri, for fifty cents a single sheet. 
After a six llionths trial the postmaster-general had 
becolne aS5ured that the office ,vas not renlunerative, 
the expense of sending a sellli-monthly Inail to each 
county south of the Coluillbia having been borne 
chiefly by private subscription; and advertised that 
the lHail to the different points ,vould be discontinued, 
but that should any ilnportant ne,vs arrive at Oregon 
City, it \vould be despatched to the several offices. 
The post-office la,v, ho\vever, remained in force as 
far as practicable but no regular mail service ,vas in- 
augurated until the autumn of 1847, \yhen the United 
States departillent gave Oregon a deputy-postn1aster 
in John 1\1. Shively, and a special agent in Cornelius 
Gilliam. The latter illlinediately advertised for pro- 
posals for carrying the mail from Oregon City to 
Astoria and back, fron1 the san1e to l\fary River 61 and 
back, including intermediate offices, and fron1 the san1e 
to Fort Vancouver, Nisqually, and AdIl1iralty Inlet. 
Fron1 this tinle the history of the mail service belongs 
to another period. 


The social and educational affairs of the colony had 
by 1848 begun to aSSUllle shape, after the fashion of 
older communities. The first issue of the Spectator 
contained a notice for a nleeting of n1asons to be held 
the 21st of ]'ebruary 1846, to adopt n1easures for 
obtaining a charter for a lodge. Th.e notice \vas issued 
by Joseph Hull, P. G. Ste\vart, and William P. 
Dougherty. A charter "\vas issued by the grand lodge 
of l\Iissouri on the 19th of October 1846, to 
Iult- 
nomah lodge, No. 84, in Oregon City. This charter 


per cent of all moneys by bim received and paid out. The act was made con- 
formahle to the United States laws regulating the post-offi
e department, so 
far as they were applicable to the condition of Oregon. Or. Spectator, Feb. 
5, 1846. See T'Yault's instructions to postmasters, ill Id., :March 5, 1846. 
(;1 .Mary River signified to where Corvallis now stands. \Yhen that town 
was first laiù off it was calleù J\larysville. 



EDUCATIONAL I
STITUTIONS. 


31 


,vas brought across the plains in an emigrant ,vagon 
in 1848, intrusted to the care of P. B. Corn,vall, \vho 
turning off to California placed it in charge of Orrin 
I(ellogg, ,vho brought it safely to Oregon City and 
delivered it to Joseph Hull. Under this authority 
1\Iultnolnah lodge ,vas opened Septelnber 11, 1848, 
Joseph Hull, W. 1\1.; W. P. Dougherty, S. \V., and 
T. C. Cason, J. W. J. C. Ains,vorth ,vas the first 
,vorshipful nlaster elected under this charter. 62 
A dispensation for establishing an Odd Fel1o\vs 
lodge ,vas also applied for in 1846, but not obtained 
till 1852. 63 The l\Iultnolnah circulating library ,vas 
a chartered institution, ,,
ith branches in the different 
counties; and the melnbers of the Falls Association, 
a literary society ,vhich seems to have been a part of 
the library schelne, contributed to the SlJectator prose 
and verse of no n1ean quality. 
The small and scattered population and the scarcity 
of school-books 'v ere serious dra,vbacks to education. 
Continuous arrivals, and the printing of a large 
edition of TVebster's ElenLentary SpellÙìg Book by the 
Oregon printing association, removed some of the 
obstacles to advancement 64 in the common schools. 
Of private schools and acaden1ies there ,vere already 
several besides the Oregon Institute and the Cath- 
olic schools. Of the latter there 'v ere St Joseph 65 for 


62Address of Grand 
iaster Chadwick, in Yreka Union, Jan. 17,1874; 
Seattle Tribune, Aug. 27, 1875; Olympia 'Transcript, Aug. 2, 187.3. 
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 \Vatson, dying at the Islands in 184:8. 
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 estab1ish 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 Chemekcta lodge K o. 1 was estaLlisheù at 
Salem. The first lodge at Portland was institut
ù in 18.33, E. .M. Barnum's 
Early Hist. Odd Fellowship in Or., in Jour. of Proceedinys of Grand LodUe 
I. O. O. F. for 1877, 207.3-84; H. H. Gilfrey in same, 208.3; C. D, 
Ioore's 
Historical Review of Odd Fellowship in Or., 25th Anniversary of Chemel.:eta 
Lodge, Dec. 1877; S. R New Ave, Jan. 7, 186.3; Constitution, etc., Portland, 
1871. 
6
 S. 1. Friend, Sept. 1847, 140; 0,". PVfctat01', Feb. 18, 1847. 
65 Named after Joseph La Roque of Paris who furnished the funds for its 
erection. DeSmet's Or. .J..1Iiss., 41. 



32 


COXDITION OF AFFAIRS. 


boys at St Paul on French Prairie, and t\VO schools 
for girls, one at Oregon City and one at St l\Iary, 
taught by the sisters of Notre Darne. An academy 
kno,vn as Jefferson Institute ,vas located in La Creole 
"\T alley near the residence of Nathaniel Ford, 'v ho 
,vas one of the trustees. WillialTI Beagle and J t1111eS 
Ho,yard ,,,ere the others, and J. E. Lyle principal. 
On the Tualatin plains Rev. Harvey Clark had opened 
a school ,vhich in 1846 had attained to SOlne prOIT1- 
ise of success, and in 1847 a board of trustees \vas 
established. Out of this gerlll developed t\VO years 
later the Tualatin Acadelny, incorporated in Septen1- 
be:r; 1849, \vhich developed into the Pacific University 
in 1853-4. 
The history of this institution reflects credit upon 
its founders in more than an ordinary degree. flar- 
vey Clark, it ,vill be remen1bered, 'vas ono of the 
independent Inissionaries, with no \vealthy board at 
his back from whose funds be could obtain a fe\v 
hundred or thousand of dollars. When he failed to 
find Inissionary ,york anlong the natives, he settled 
on the Tualatin plains upon a land-clainl \yhere the 
acac1clnic to\vn of Forest Grove no,v stands, and 
taught as early as 1842 a fe,v children of the other 
settlers. In 1846 there came to Oregon, by the 
southern route, enduring all the hardships of the be- 
lated ilTIll1igration, a 'V0111an sixty-eight years of age, 
,vith her children and grandchildren, 1\lrs Tabitha 
Bro,vn. 66 Her kind heart was pained at the num- 
ber of orphans left to charity by the sickness an10ng 


66 Tahitha Moffat Brown was born in the town of Brinfield, 
Iass., 
Iay I, 
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 antI for 8 years continued to tcach, support- 
ing her childrcn until the 2 boys were apprcnticed 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, rctunling to :Missouri in 1845 with Dr \Vhite and emigrating with 
his mother and family in 184G, His sister and brother-in-law, Virgil K. 
Pringle, also accompanied him; and it is from a letter of 
Irs Pringle that 
this sketch has been obtained. 



BENEVOLENT 1\1EN A
D 'VO:MEN. 


33 


the in1migrants of 1847, ,vith no promise of proper 
care or training. She spoke of the 111atter to Harvey 
Clark ,vho asked her ,vhat she ,vonld do. "If I hat! 
the n1eans I ,vould establish ll1yself in a c0111fortable 
hOlDe, receive all poor children, and be a 1110ther to 
them," said 1\lrs Bro,vn. "Are you in earnest 1" asked 
Clark. " Yes." "Then I ,viII try ,vith you, and see 
,vhat can be done." 
There was a log meeting-house on Clark's land, and 
in this building 1\lrs Bro,vn ,vas placed, and the ,york 
of charity began, the settlers contributing such articles 
of furnishing as they could spare. The plan ,vas to 
receive any children to be taught; those 'v hose parents 
could afford it, to pay at the rate of five dollars a ,veek 
for board, care, and tuition, and those ,vho had noth- 
ing, to come free. In 1848 there were about forty 
children in the school, of ,vhom the greater part 'v ere 
boarders ;67 1\lrs Clark teaching and l\Irs Bro,vn 
having charge of the fan1ily, ,vhich ,vas healthy and 
happy, and devoted to its guardian. In a short tiIne 
Rev. Cushing Eells ,vas e111ployed as teacher. 
There came to Oregon about this tin1c Rev. George 
H. Atkinson, under the auspices of the ROlne 1\lission- 
ary Society of Boston. 6S He had in vie,v the estab- 


67 'In 1831,' writes 
Irs Bro"\\'Il, 'I had 40 in my family at 52,50 per week; 
and mixed with my own hands 3,423 pounds of flour in less than 5 months. J 
Yet she was a small woman, had been lame many years, and was ncarly 
70 years of age. She died in 1857. See 01'. ArYllS, 1Iay 17, 1836; Portland 
JVe.<.:t Slzore, Dec., 1879. 
68Atkinsoll was born in Newbury, Vermont. He was related to Josiah 
Little of :Massachusetts. One of his aunts, born in 17(30, 
lrs Anne Harris, 
lived to within 4 months of the age of 100 years, and remembered well the 
feeling caused in N ewburyport one Sunday morning by the tidings of the 
death of the great preacher'Vhitefidd; and also the eycnts of the Frcnch 
empire and American revolution. 
Ir Atkinson left Boston, with his wifc, 
in October 1847, on board the bark Samoset, Captain Hollis, and reachecl 
the Hawaiian Islands in the following February, whence he sailed again for 
the Columbia in the Hudson's Bay Company's bark Cou'litz, Captain "'eying- 
ton, 
Iay 2:3d, arrh-ing 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. Hc corresponded for a time with 
the Home .J.1Itssionary, 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. 
.Ir Atkinson became pastor of the Congregational church in 
Oregon City in 1833; and was for many years the pastorof the first Congregational 
BI8T. On., 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 ne,y building for the school at Tua- 
latin plains, and to organize a board of trustees, an 
arrangenlent ,,,,as entered into by ,vhich the urphan 
sehonl ,vas placed in the hands of the trustees as the 
foundation of the proposed col1ege, 'v hich at first 
aspired only to be called the Tualatin acadelny. 
Clark gave t,vo hundred acres of his land-clain1 for 
a college and to,vn-site, and l\Irs Brown gave a lot 
belonging to her, and five hundred dollars earned by 
l1erself. Subsequently she presented a bell to the 
Congregational church erected on the to\vn-site; and 
imulediately before her death gave her o,vn house and 
lot to the Pacific University. She ,vas indeed earnest 
and honest in her devotion to Christian charity; nlay 
her name ever be held in hcly remelnbrance. 

Ir Clark also sold one hundred an
 fifty acres of 
hiB renlaining land for the benefit of the institution 
of ,y hich he and l\Irs Bro,vn \yere the founders. It 
is said of Clark, "he lived in poverty that he might 
do good to others." He died l\Iarch 24, 1858, at 
Forest Grove, being still in the prinle of life. 69 What 
,vas so ,veIl begun befol'e 1848 continued to gro,v 
,vith the developlnent of the country, and under the 
fostering care of new friends as ,veIl as old, becan1e 
one of the leading independent educational institu- 
tions of the north-,vest coast. íO 


church in Portland. His health failing about 1866, he gave way to younger men; 
hut he continued to labor as a missionary of religion and temperance in newer 
fields as his strength l)ennitted. :K or 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'Varren jun. of Portland, 
(;9 Evan..;' lIist. 0J'.,1IS.,341; Gray's ]nst. Or" 231; Deady's llist. Or.,
IS., 
54; 010. A7'[JUS, April 10, 18.38. 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, 'V. H. Gray, Alyin T. Smith, James:ßI. :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 Cnmp'lfS, the half of 
which was donated by Rev. E. 'Valker. A building was erected during the 
reign of high prices, in 18.30-1, which cost, unfinished, $7,000; 8.3,000 of which 



THE PACIFIC U1\IVERSITY. 
A private sehool for young ladies ,vas kept at Ore- 
gon City by l\Irs N. l\I. 
rhornton, ,vife of Judge 
rfhornton. It opened February 1, 1847. The pupil8 
'\V
ere taught" all the branches usually eOlllpriscd ill a 
thorough English education, together ,vith plain and 
faney needle-,york, dra,ving, and painting in Inezzotint8 
and \vater-colors."71 l\1rs 
rhornton's school "'
as patro- 
nized by J an1es Douglas and other persons of distinc- 
tion in the country. The first effort lllade at el'3tab- 
lishing a COllllllon-sehool board ,vas early in 1847 in 


3:5 


came from the sale of lots, and by contributions. In 1832 
Ir 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 placecl the ninth 
on their list, with an annual sum granted of $600 to sUlJport a lJermanent IJro- 
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. 

Iarsh, son of Rev. Dr :l\Iarsh of Burlington College, was secured as principal, 
and with him, and the funds and books, 
Ir Atkinson returned in 1833. In 
the mean time J, 
I. Keeler, fresh from Cnion college, Scllenectady, Kew 
York, had taken charge of the academy as principal, and had formed a pre- 
paratory class before the arrival of 
Iarsh. The people began to take a liyely 
interest in the university, and in 1834 subscribed in lands and money 8J,500, 
and partially pledged 8:3,500 more. On the 13th of April 1834 
Iarsh was 
chosen president, but was not formally inaugurated until Au
ust 21, 183
. 
This year Keeler went to Portland, and l
. D. Shattuck took his place [ld 
principal of the academy which also embraced a class of young ladies. The 
institution struggled on, but in 18
û-7 some of its most adyanced studenb 
left it to go to the better endowed eastern colleges. This led the trustees and 
president to make a special effort, and :\larsh went to K ew York to secure 
further aid, leaving the university department in the charge of nev. II. Ly- 
man, professor of mathematics, who associated with him He\T. C. Eells. The 
help received from the college society anù others in the east, enaLled the uni- 
yersity to improve the general réflime of the unÏ\Tersity. The first graduate 
was Harvey 'V. Scott, who in 18û3 took his final degree. In 18GG there were 
4 graduates. In June 18û7 the president having again visited the east for 
further aid, over 823,000 was subscribed and 2 additional professors secured: 
G. H. Collier, professor of natural sciences, and J. ,Yo :i\Iarsh, profcssor of 
languages. In 
Iay 18G8 there were 
44,303,ÛO inyested funds, and a library 
of 5,000 volumes. A third visit to the east in 18û9 secured ov<>r 
20,OOO for 
a presidential endowment fund. The university had in 18ïG, in funds and 
other propcrty, 883,000 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 he required to put the university in good con(lition. 
President :1Iarsh died in 1870, and was succeeded by J, R. Herrick. Though 
founded by CongregationaIÜ;ts, the Pacific Cniversity 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 yillage ncstled 
among groves of oaks and firs near the Coast Range foot-hills. Ccntennial 
Year Rist. Pacific University, in P01'tland Ureflonian, Feb. 12, IS7G; rictor's 
(Jr. and Trash., 18D-DO; (JJ'. Argus, Sept. ], lð33; Dendy's /list. Or., 
IS., .34. 
71 
Irs Thornton 'wrote to the S. 1. Friend that she was very comfortably 
settled in a log-house, walked a mile to her school every mon1Ìng, and was 
never more contented in her life. 



33 


CONDITION OF AFFAIRS. 


Tualatin County, Rev. J. S. Griffin secretary;72 but 
no legislative action ,vas taken until a later period. 
Besides the spelling-book printed in 1847, Henry H. 
Eyarts printed an ahnanac calculated for Oregon and 
the Sand,yich Islands. 73 It ,vas printed at the SlJCC- 
lator office by W. P. Hudson. 
Professional lllen were still comparatively rare, 
preachers of different denominations outnumbering 
the other professions. 74 In every neighborhood there 
,,,,as preaching on Sundays, the services being held in 
the 1110st commodious d\vellings, or in a school-house 
if there \vas one. There ,vere as yet fe\v churches. 
Oregon City, being the nletropolis, had three, Catholic, 
J\Iethodist, and Congregationalist. i5 There ,vas a 
J\Iethodist church at Hillsboro, and another at Saleul, 
and the Catholic Church at St Paul's, \vhich COlll- 
pleted the list in 1848. 
The general condition of society in the colony "
as, 
aside from the financial and Indian troubles ,yhich I 
have fully explained, one of general contentnlent. 
Both Burnett and 1\linto declare in their accounts of 
those times that not,vithstanding the hardships all 


72 Or. Spectator, Feb. 18, 1847. 
73 s. 1. Friend, Feb. 1848; Thornton's Hist. Or., l\IS" 27. 
H I find in the S. 1. Friend, Sept. 1847, the following computation: Inhabi- 
tants (white), 7,000. This, accorùing to immigration statistics, was too small 
an estimate. About 400 were Catholics. :l\Iethodists were most numerous. 
There were 6 itinerating ßlethodist Episcopal preachers, and 8 or 10 local 
preachers, besides '2 Protestant :Methodist clergymen. Baptist missionaries, 2 ; 
Congregational or Preshyterian clergymen, 4; and several of the Christian 
ùenomination known as Campbellites; regular physicians, 4; educated la"'JTers, 
4; quacks in both l)rofessions more numerous. I have already mentioneù the 
accidental death of Dr Long by drowning in the 'Yillamette at Oregon City, 
he heing at the time territorial secretary. lIe was succeeded in practice aud 
in office by Dr Frederick Prigg, elected by the legislature in December IR46. 
He also died an accidental death by falling from the rocky bluff into the ri vel', 
in October 184:9. He was said to be a man of fine abilities and education, Imt 
intemperate in his habits. Or. Spectator, Nov. 2, 1849; Johnson's Cal. and 
Úr., 274. 
ï5 De({dy's Hist. Or., MS., 71. Harvey Clark first organized the Congre- 
gational church at Oregon City in 1844. Atkinson's Address, 3; Oregon City 
Enterprise, 1\Iarch 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 .Mißsionary, xxü.43-4; Or. Spec- 
tator, Nov. 1. 1849. 



QUALITY OF THE POPULATION. 


37 


endured, there ,vere fe,v,vho did not rejoice sincerely 
that they had cast their lot in Oregon.,6 Hospitality 
and good-fello\vship prevailed; the people ,vere teu1- 
perate,7 and orderly; and critne \vas still rare. iS 
Amusements ,vere fe\v and silnple, and hardly nec- 
essary in so free and unconventional a COl1111lUnity, 
except as a 111eanS of bringing the people together. 


76 
linto, in Camp Fire Orations, :ThIS., 17; Burnett's Recollcctions, 
IS., i. 
170; White's Emigration to Or., MS., 11; Simpson's Nar., i, 170. 
71 The missionaries, the women of Oregon city, and friends of temperanec 
generally, were stilllnboring 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 haye power to 
'regulate the introduction, manufacture, and sale of ardent spirits.' Ur. L"U'8, 
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, Archive8, 273-4. \Yhen 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 proYiJed, 'was 
subsequently introduced by Samuel R. Thurston, but was rejected by \-ote, 
011 motion of Applegate. Ill" 293. Applegate's independent spirit reyoltetl 
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: 
':Kah! six, potlach blue lu (blue ruin), 
:Kika ticka, blue lu, 
Hiyu blue lu, 
Hyas 010, 
Potlach blue I u.' 
'Vhich freely translated would run: 
, Hallo! friend, give me Borne whiskey; 
I \I ant whil5key, plenty of whiskey; 
Very thirsty; give me Borne whiskey.' 

Ios.'1' Pioneer Times, :ThIS., 3ü-7. 
78 In the Spectator of July 9, 184ü, there is mention of an encounter with 
knives between Ed. Robinson and John \Yatson. Robinson was arrested and 
brought before Justice Andrew Hood, and bound over in the sum of $
OD. 
In the same paper of July 23d is an item concerning the arrest of Duncan 
:ThlcLean on suspicion of having munlerecl a l\Ir 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 Sauvé 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, killingArim. Leonard was arrested 
and discharged, there being no witnesses to the affair. Arim was a Imlly, and 
Leonard a small and usually quiet man, who declared he had no intention of 
killingArim, but fired accidentally, not knowing the rifle was loaded. Leonard 
left the country soon after for the gold-mines and never returnf'J. Crawford's 
.J..Var., :ThIS., 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,i9 and 
yi8itin a among the neighbors there ,vere fc,v asselll- 
Llages
 There ,vas occasionally a ball, ".. hich ,vas not 
regarded by the leading Protestant citizens as the 
1110st unquestionable mode of cultivating social rela- 
tions. 
rhe Canadian fal11ilies loved dancing, and balls 
,yerc not the l110re respectable for that reason;80 but 
the dancers cared little fOf the absence of the élite. 
rraking them all in all, says BUfnett, "I never sa 'v 
so fine a population;" and other ,vriters clain1ed that 
though lacking in polish the Oregon people ,vere at 
this period ll10rally and soeially the equal of those of 
any frontier state. 81 Fron1 the peculiar conditions of 
an isolated colony like that of Oregon, early n1ar- 
l'iages becan1e the rule. Young 111en required hOlnes, 
and young 'VOlnen 'v ere probably glad to escape fron1 
the overfilled hive of the parental roof to a domicile 
of their o,vn. Ho,vever that n1ay have been, girls 
,yere l11arried at any age fron1 fourteen up\vard, and 
in SOUle instances earlier ;82 ,vhile no ,vido,v, ,vhether 


79 James l\lorris, in Camp Fire Oratiol1.ç, :MS., 20, says that the first sing- 
ing-school in the country was taught Ly a 1Ir Johnson, and that he went to 
it dressed in a suit of buckskin dyed black, which looked well, and did not 
strekh out over the knees like the uncolored skin. 
80 J..llosl:5' Pioneer Times, :MS., 32. In .1,nntu's Eærly Days, :MS., and 1\1rs 
:Minto's Ff'male Pioneering, 1\18., there arc many pictures of the social condi- 
tion of the colony. The same in Camp Fire Orations, 1\IS" a report by my 
denographer, of short speeches maùe at an evening session of the pioneers at 
their annual meeting in 1878. All the speakers except 
Irs 
Iinto declared 
they had enjoyed emigrating anù pioneering. She thought Loth very hard 
on females; though throughout all she conducted herself as one of the 
noblest among women. 
8] JIome ..i.llissionary, xx. 213-14. 
P2 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: 
1 84ü-:Fch. 23, Samuel Campbell to :l\1iss Chellcssa Chrisman; !\Iarch 29, 
Henry Sewell to 
Iiss 1\Iary Ann Jones Gcrish; April 2, Stephen Staats to 
1\Iiss Cordelia Forrest; April 12, Silas Haight to 
lrs Rebecc:J. Ann Spalding; 
!\Iay 4, Pierre Bonnin to 
Iiss Louise Rondeau; 
Iay 10, Isaac Staats to :l\1iss 
Orlena 
Iaria 'Villiams; 
1ay 10, Henry 1\Iarlin to 1\Iiss Emily Hipes; June 
4, David Hill to )Irs Lucinda'Vilson; June 14, J. 'V. Nesmith to 1\Iiss Caro- 
line Hoff; .June 17, ..-\Janson Hinman to 1\liss l\Iartha Elizabeth.Jones Gm'ish; 
.Tune 
8, Robert Newell to :Miss Rebecca Newman; July 2, :\Iitchel'Vhit- 
lock to :Miss :Malvina Engle; July 4, 'Yilliam C. Dcmcnt to 1\liss Olivia 
J ohnsoll; J, B, Jackson to 
liss Sarah Parker; J uly 
3, John G. ('amp bell 
to 
Iiss Rothilda E. Buck; July 26, J oseph Watt to 
liss Sarah Craft; Aug. 



CLIMATE AND TE
IPERATURE. 


39 


young or middle-aged, long ren1ained unmarried. This 
mutual dependence of the sexes ,vas favorable to the 
nlorals and the gro\vth of the colony; and rich and 
poor alike had their houses ,veIl filled ,vith children. 
But ,vhat of the diseases ,vhich rnade such havoc 
during the early missionary occupation? Strangely 
enough they had disappeared as the natives died or 
,vere removed to a distance from the ,vhite race. N ot- 
,vithstanding the cro\vded state of the settlers every 
,v inter after the arrival of another imlnigration, and 
not\vithstanding insufficient food and clothing in lllany 
instances, there ,vas little sickness and few lleaths. 
Dr vVhite, after six years of practice, pronounced the 
country to be I the healthiest and the clin1ate one of 
the most salubrious in the ,vorld. 83 As to the t,em- 
perature, it seems to have varied \vith the different 
seasons and years. Daniel Lee tells of plucking a 
stra,vberry-blossom on Christ111as-day 1840, and the 


2, Sidney Smith to J\liss Miranda Bayley; Aug. 16, Jehu Davis to ::\Iiss 
lar- 
garette Jane .Moreland; Sept. 1, H. H. Hyde to .Miss Henrietta Holman; 
Oct. 26, Henry Buxton to l\Ess Rosannah \V oolly; Nov. 19, \Yilliam P. 
Dougherty to :Miss 1\lary Jane Chambers; Nov. 24, John P. Brooks to J\Iiss 

Iary .Ann Thomas. 1847-Jan. 21, \V. H. Rees to :Miss Amanda 1\1. F. 
Hall; Jan. 23, Francis Topair to 
liss Angelique Tontaine; Feb. 9, Peter H. 
Hatch to :Miss S. C. Locey plrs Charlotte Sophia Hatch, who came to Oregon 
with her husband by sea in 1843, died June 30, 1846); April 18, Ahsalol11 F. 
Hedges to :Miss Elizabeth Jane Barlow; April 21, Joseph B. Rogers to 
:Miss Letitia Flett; Henry Knowland to :àlrs Sarah Knowland; April 22, 
N. K. Sitton to :Miss Priscilla A. Rogers; June 15, Jeremiah Rowland to 
lrs 
:Mary Ann Sappington; July 8, John :Minto to 1Iiss :l\1artha Ann 1\1orrisop; 
Aug. 12, T. P. Powers to Mrs :Mary 1\1. Newton-this was the 1\lrs Kewton 
whosp husband was murdered by an Indian in the Umpqua Val!ey in 1846; 
Oct. 14, \V. J. Herren to 
Iiss Eveline Hall; Oct. 24, D, H. Good to 1\Iiss 
:Mary E. Dunbar; Oct. 29, Owen 11. 1lills to 1\Iiss Priscilla Blair; Dec. 28, 
Charles Putnam to 
Iiss Rozelle Applegate. 1 848-Jan. 5, Caleb Rodgers 
to :Miss Mary Jane Courtney; Jan. 20, 1\1. 11. 1IcCarver to 1\1rs J nIb Ann 
Buckalew; Jan. 27, George 11. Baker to J\Iiss Nancy Duncan ; Jan. 30, George 
Sigler to 1\Iiss Lovina Dunlap; Feb. 19, R. V. Short to 1Iiss 1\Iary Geer; 

Iarch 18, 1\Ioses K. Kellogg to J\Irs Elizabeth Sturges; April IG, John 
Jewett to 1\11's Harriet Kimball-
Irs Kimball was the widow of one of the 
victims of the \Vaiilatpu massacre; 1\Iay 4, John R. Jackson to 
Irs )latilda. 
N. Coonse; :àIay 22, John H. Bosworth to ::\IiS"! Susan B. Looncy; ,J nne 28, 
Andrew Smith to 11rs Sarah Elizabeth Palmer; July 2, Ed\vard N. "
hite to 
J\liss Catherine Jane Burkhart; July 28, \Villiam l\leek to l\liss 1\Iary Luel- 
ling; Dcc. 10, C. Davis to :Miss 
arah Ann Johnson; Dec. 26, \Villiam Logan 
to :Miss ISBa Chrisman. Thc absence of any marriage notice for thc 4 months 
from the last of July to the lOth of Decembcr may be accounted for by tho 
rush of the unman-iell men to the gold-mines about this time. 
sa Ten Years in Or., 220. 



40 


CONDITION OF AFFAIRS.. 


weather continued ,varm throughout the ,vin ter; but on 
the 12th of December 1842 the ColuIl1bia ,vas frozen 
over, and the ice relllained in the river at the Dalles 
till the n1Íddle of l\Iarch, and the mercury ,vas 6 0 belo,v 
zero in that n1onth, while in the Willalnette Valley 
the cold w['
s severe. On the other hand, in the 'v inter 
of 1843 there ,vas a heavy rainfall, and a disastrous 
freshet in the Willamette in February. The two 
succeeding \vinters 'v ere mild and rainy,84 fruit form- 
ing on the trees in April; and again in the latter part 
of the ,vinter of 1846-7 the Columbia ,vas frozen 
over at Vancouver so that the officers of the lJIodeste 
played a curling match on the ice. The winter of 
1848-9 ",vas also cold, ,vith ice in the Columbia. The 
prevailing tenlperature ,vas nlild, ho\vever, \vhen taken 
year by year, and the soil being generally ,varm, the 
vegetables and fruits raised by the first settlers sur- 
prised thenl by their size and quality.85 If any fault 
,vas to be found ,vith the climate it was on the score 
of too many rainy or cloudy days; but ,vhen by COln- 
parison \vith the drier climate of California it ,vas 
found to insure greater regularity of crops the farnl- 
ing community at least were satisfied. 86 The cattle- 
raisers had nlost reason to dread the peculiarities of 
the Oregon climate, \vhich by its general InilJncss 
flattered them into neglecting to provide ,vinter food 
for their stock, and when an occasional season of sno\v 
and ice came upon them they died by hundreds; but 
this ,vas partly the fault of the improvident o\vner. 
The face of nature here was beautiful; pure air 
from ..the ocean and the mountains; loveliness in the 


S4 CZyman's lt
ote Book, :118., 82-98; Palmer's Journal, 119. 
S5 A potato is spoken of which weighed 31 lbs., and another 3! lbs,; while 
turnipB somctimes weighed from 10 to 30 lbs. Blanchet raised one of 1751lbs. 

6'fhe 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 spcnt 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 weLbed feet in that country. "Ve have 
thought of that,' returned thc mistress of the house, at the same time dis- 
playing to the astonishcd visitor her Laby's feet with webs between the tues. 
Thc story lost nothing in the telling, and 'Y eb- foot became the pseudonyme 
for Oregonian. 



THE CO
1
10N'VEAIATH ESTABLISHED. 


41 


valleys dignified by grandeur in the purple ranges 
,vhich bordered then1, overtopped here and there by 
sno\vy peaks 'v hose nearly extinct craters occasionally 
thre\v out a puff of smoke or ashy flallle,8i to ren1Încl 
the beholder of the igneous building of the dark cliffs 
overhanging the great river. The ,vhole country ,vas 
renlarkably free fron1 poisonous reptiles and insects. 
Of all the serpent class the rattlesnake alone ,vas 
armed ,vith deadly fangs, and these 'vere seldonl seen 
except in certain localities in the ,ve
tern portion of 
Oregon. Even the house-fly ,vas imported/;s conling 
like many plants, and like the bee, in the beaten trail 
of ,vhite men. 
Such was the country rescued from savagism by 
this virtuous and intelligent people; and such theIr 
general condition with regard to irnprovelllent, trade, 
education, III orals, contentlnent, and health, at the 
period when, after having achieved so nluch ,vithout 
aid from congress, that body took the colony under 
its \ving and assumed direction of its affairs. 


87 Mount St Helen and 
Iount Baker were in a state of eruption in l\1arch 
1830, accordiv45 to the 8pe
tato7" of the 21st of that month. The same paper 
of Oct. 18, Ib49, records a startling explosion in the region of l\lount Hooù, 
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. 
881\lcClaue says that when he came to Oregon there was not a fly of any 
kind, but fleas were plenty. First fVagon Tr(tin, 1\18., 14. 'V. H. Rector has 
said the same. Lewis and Clarke, and Parker, expiate upon the fleas about 
the Indian earn ps. 



CIIAPTER II. 


EFFECT OF THE CALIFORNIA GOLD DISCOVERY. 
1848-1849. 


THE MAGIC POWER OF GOLD-A NEW OREGON-ARRIVAL OF NEWELL- 
SHARP 'I'RAFFIC-THE DISCOVERY A
NOUXCED-THE STAMPEDE SOUTH- 
WARD -OVERLAXD COMPANIES - LASSEN'S IMMIGRANTS - HAXCOCK'S 

IANUSCRIPT-CHARACThR OF THE OREGONIANS I
 CALIFORNIA-THEIR 
GENERAL SUCCEss-REVOLUTIO
S IN TRADE AND SOCIETy-ARRIVAL OF 
VESSELS-INCREASE IN THE PRICES OF PRODUCTS-CHANGE OF CUR- 
REYCy-TH:& QUESTION OF A 
IINT-PRIVATE COINAGE-INFLUX OF 
FOREIGN SILVER-EFFECT ON SOCIETy-LEGISLATION-Il\IMIGRATION. 


A
D no\v begins Oregon's age of gold, quite a dif. 
ferent affair from Oregon's golden age, \vhich \ve 111Ust 
look for at a later epoch. The Oregon to which 
Lane ,vas introduced as governor ,vas not the same 
fr0111 \v hich his conlpanion l\1eek had hurried in pov- 
erty and alarnl one year before. Let us note the 
change, and the cause, before recording the progress 
of the ne\y government. 
On the 31st of July 1848, the little schooner IIono.. 
1Ill u, Captain Newell, from San Francisco, arrived in 
the Colulnbia, and began to load not only \vith pro- 
visions, but \vith shovels, picks, and pans, all that 
eould be bought in the linlited Inarket. This created 
no surprise, as it ,vas kno\vn that Americans were 
cn1igrating to Califori1ia who ,vould be in \vant of 
these things, and the captain of the schooner \vas 
looked upon as a sharp trader \vho knew ho\v to turn 
an honest penny. 'Vhen he had obtained everythinO' 
to his purpose, he revealed the discovery Blade by 
J\farshall in California, and told the story ho\v Ore- 
{42 ) 



THE NE\VS IN OREGON. 


43 


gon n1en l1ad opened to the ,vorld ,vhat appeared an 
inexhaustible store of golden treasure. 1 
The ne\vs \vas confirlued by the arrival August 9th. 
of the brig ]lenry from San Francisco, and on the 
23d of the fur cOlnpallY's brig JJICl1"Y Dare fronl the 
Ha\yaiial1 Islands, by the ,yay of Victoria, \vith Chief 
Factor Douglas on board, \vho ,vas not inclined to 
believe the reports. But in a fe\v days more the 
tidings had travelled overland by letter, ex-Governor 
Boggs having ,vritten to SOllle of his former l\Iissouri 
friends in Oregon by certain nlen conling \vith horses 
to the Willanlette Valley for provisions, that lnuch 
gold \vas found on the An1erican River. No one 
doubted longer; covetous desire quickly increased to a 
de1il'ium of hope. The late Indian disturbances ,vere 
forgotten; and from the ripening harvests the reap- 
ers ,vithout c0111punctions turned a\vay. Even their 
beloved land-claims ,vere deserted; if a lllan did not 
go to California it was because he could not leave his 
fanlÏly or business. Sonle prudent persons at first, 
seeing that provisions and lunlber nlust greatly in- 
crease in price, concluded to stay at honle a.nd reap 
the advantage ,vithout incurring the risk; but these 
,vere a snlall proportion of the able-bodied Inen of the 
colony. Far 11101'e ,vent to the gold Inine
 than had 
volunteered to fight the Cayuses;2 farnlers, 111echanics, 
professional 11len, printers-every class. Tools ,yore 
dropped and ,york left unfinished in the shops. The 
farnls ,vere abandoned to \V0111en and boys. The t\VO 
ne,vspapers, the Oregon SjJectator and Free P'r'ess, held 


1 J. 'v. 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. Brou"ll's Will. Val" 
IK, 7; Parson
' LiJè of 
111 ars/udl, 8-9. 
2 Burnett says that at least two thirds of the population capable of bear- 
ing arms left for California in the summer and autumn of 1848. Recollcctions, 
]\I
., i. 32.3. ' About two thousand persons,' says the California Star and 
Cal{forllian, Dec. 9, 1848. Only fh-e old men were left at Salem. JJ'ì"01Cn'S 
Jnll. Jral., 1\18., 9, Anòerson, in his 
Y07't1
U"est Coast, 1\18., 37, speaks of 
the great exodus. Compare Cnwfr nl'sl\"'m"" 1\1S" lü6, and Vir.tor's Riv(r (If 
thc JVest, 4ö3-3. Barnes, (Jr. and Cal" l\l
., 8, says he found at Oregon City 
only a few women anù chilùren and some Inùians. 



44 EFFECT OF THE CALIFORNIA GOLD DISCOVERY. 


out, the one till December, the other until the spring 
of 1849, when they ,vere left without con1positors 
and suspended. 3 Noone thought of the outconle. 
It ,vas not then kno\vn in Oregon that a treaty had 
been signed by the United States anJ l\Iexico, but it 
,vas believed that such \vould be the result of the 
,val'; hence the gold-fields of California \vere already 
regarded as the property of Alnericans. 1\len of 
fan1Ïly expected to return; single n1en thought little 
about it. To go, and at once, \vas the chief idea. 4 
J\Iany ,vho had not the llleans \vere fitted out by 
others \\"ho took a share in the venture; and quite dif- 
ferent frol11 those \v ho took like risks at the east, the 
trusts in1posed in the men of Oregon ,vere as a rule 
faithfully carried out. 5 
Pack-trains \vere first en1ployed by the Oregon gold- 
seekers; then in Septen1ber a ,vagon cOlnpany ,vas 
organized. A hundred and fifty robust, sober, and 
energetic n1en \vere soon ready for the enterprise. 

rhe train consisted of fifty \vagons loaded with Inining 
iU1plem8nts and provisions for the winter. Even 
planks for constructing gold-rockers ,vere carried in 
the bottom of some of the \vagons. The tealllS ,vere 
strong oxen; the riding horses of the hardy native 
Cayuse stock, late worth but ten dollars, no\v bringing 
thirty, and the 111en \vere arn1ed. Burnett \vas elected 
captain and Tholllas l\fcI(ay pilot. 6 They \vent to 
Klan1ath Lake by the Applegate route, and then 
turned south-east intending to get into the California 
en1igrant road before it crossed the Sierra. After 
travelling several days over an elevated region, not 
,veIl \vatered nor furnishing good grass, to their surpri8e 


S The Spectator from February to October. I do not think the Free Pre.'?8 
was revived after its stoppage, though it ran long enough to print I,alle's 
proclamation. The Oregon American had expired in the autumn of 1848. 
4 Atkinson, in the Ilome ltIissiouary, 22, ü4; Bristow's Rencounters, .MS., 
2-9; Ryan's Judges and Crimin(tl,
, 79. 
5 There was the usual doggerel perpetrated here as elsewhere at the time. 
See Brown's Or. ltIiscel., :i\l
., 47. 
6 Ros
' Nar., 
lS., 11; Lovejoy's Portland, 
IS., 26; Johnson's Cal. and 
Or., 183-6. 



THE EXODUS. 


45 


they came into a ne,vly opened ,vagon-road, ,,
hich 
pro\"ecl to be that ,y hich Peter Lassen of California 
had that season persuaded a slllall party in1n1Ïgrating 
into the Sacranlento 'Talley to take, through a pass 
,vhich \vould bring them near his rancho. 7 
The exodus thus begun continued as long as 
,veat her perlnitted, and until several thousand had 
left Oregon by land and sea. The second \vag-on conl- 
pany of t\yenty ox-teanlS and t,yenty-five Inen ,vas 
fronl Puget Sound, and but a few' days behind the 
first,s ,vhile the old fur-hunters' trail ,vest of the 


7 After proceeding some distance on Lassen's trail they found that others 
'Who had preceded them were as ignorant as they of what lay before them; 
and afte
 trayclling westward for eight miles they came to a shcer wall of 
rock, constituting a mountain ridge, instead of to a yiew of the Sacramento 
Yalley. 0::1 examination of the ground it was found that Lassen anll his com- 
pany had been deceived as well as they, 
nd had marched back to within half 
a mile of the entrance to the yalley before finding a way out of it. After 
exploring for some distance in adyallCe the wagons wcre aUowed to come on, 
anll the summit of the sierra was reached the :?Oth 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 
ill his coml'any, and knew nothing more about the route than from a generally 
correct illea of the country he could conjecture. They proceeded without 
mishap until corning to the thick timber on the mountains; and not haying 
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 arOtmd faIlen 
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. ""hen those behind were O\-ertaken 
by the Oregonians they were in a miserable condition, not ha\-ing had bread 
for a mouth. Theil' wants were supplied, and they were assured that the road 
should be opened for them, wbich was done. Sixty or eighty men went to 
the front with axes, and the way was cleared for the wagons. 'Yhen the for- 
est was passed, there were yet other difficulties which Lassen's small and 
exhausted company co_!d never haye remO\"etl. A tragedy like that of Don- 
ner Lake ,,-as averted by i:ÌlCse golcl-seekers, who arrh
ed in the Sacramento 
YalIcy about the 1st of 1\ovemher. JJurnett's Recollections, 
I
., i. 3
8-3(j6; 
Lovejoy'.., Portland, 
IS., :?7; Barncs' 07.. and Gal., 
IS., 11-12; Palmer's 
JVarIO/l. Trains, 
IS., 43. 
8 Jlallcock's ThiJ"teen Yem.s' Residence on the 
"T01.thu.est Coa.'It, a thick 
manuscript volume containing an account of the imlllgration of 184;), 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 
Indians, 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 \YI1idbey Island, by .Major Sewell. See .Jlor:.:e's .J..Votcs of the llistfJry 
and Re.<:ource8 of JV aÛtillgton 'Per., ii. 19-30. It would seem from Hancock's 
!\I
. that the Puget Sound Company, like the \Villamette 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 s\varlned ,vith pack-trains 9 all the autanln. 
Their first resort \vas Yuba River; but in the spring 
of 1849 the forks of the An1erican became their prin- 
ci pal field of operations, the to\vn of Placerville, first 
called Hangto\vn, being founded by then1. They 
,yere not confined t.o any localities, ho\vever, and nlade 
n1an y discoveries, being for the first 'v inter only 11lore 
l1UnlerOUS in certain places than other lniners; and as 
they ,vere accustonled to call1p-Iife, Indian-fighting, 
and self-defence generally, they obtained the reputa- 
tion of being clannish and aggressive. If OIle of theu1 
,vas killed or robbed, the others felt bound to avenge 
the iLljury, and the rifle or the rope soon settled 
the account. Looking upon then} as interlopers, the 
Californians naturally resented these decided Ineas- 
ures. But as the Oregonians \vere honest, sober, and 
industrious, and could be accused of nothing \vorse 
than being ill-dressed and unken1pt and of kno\ving 
ho\v to protect then1selves, the Californians nlani- 
fested their prejudice by applying to them the title 
'Lop-ears,' ,vhich led to the retaliatory appellation 
of 'Tar-heads,' ,vhich elegant terlTIS long renlained in 
use. 10 
It ,vas a huge joke, gold-mining and all, including 
even life and death. But as to rivalries they signi- 
fied nothing. l\fost of the Oregon and Washington 
adventurers ,vho did not lose their life 'v ere 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 2.3 wagons, which doe9 not agree with BunIett. 
9 One of the first companies with pack-animals was unùer 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 alreaùy settled 
in the Umpqlm Valley, and was then the only .American south of the Cala- 
pooya 1\loulltains. From Scott's to the first house in California, Reaùing's, 
was 14 days' trav'el. See Ross' Nar, , 1\18., passim. 
IORo8S' }wT'ar., 
1S., 1.3; Crallford's .1Var" 1'18., 194, 204, The American 
pioneers of California, looking for the origin of the word Oregon in a Spanish 
l)hrase signifying long-ears, as I have eXplained in vol. i. lJist. Or., hit upon 
this delectable sobriquet for the settlers of that country. 'Vith equal justice, 
arlmitting this theory to be correct, which it is not, the Oregonians called 
them tar-hcaùs, because the northern California Inùians were observeù to 
cover their heads with tar as a sign of mourning. 



OREGO
IAKS IN THE 
1INES. 


47 


Sierra Foothills than in the Valley 'Villau1ette. Still 
they ,vere not hard to satisfy; and they began to ro- 
turn early in the spring of 1849, \vhen every vessel 
that entered the Colulllbia ,vas cro"Tded ,vith h0111e- 
loving Oregonians. ll A fe\v ,vent into business in 
California. The success of those that returned stilllU- 
lated others to go \\-Tho at first had not been able. 12 


11 Among those who went to California in 1848-9 are the following: 
Robert Henderson, James l\IcBride, 'Villiam Carpenter, Joel Palmer, A. L. 
Lovejoy, F. 'V. Pettygrove, Barton Lee, 'V. 'V. Bristow, 'V. L. AÙ::tms, 
Christopher Taylor, John E. Ross, P. B. Cornwall, 'Yalter :l\1onteith, Horace 
Burnett, P. H. Burnett, John P. Itogers, A. A. Skinner, 
I. 
I. 
IcCarvcr, 
Frederick Ramsey, 'Villiam Dement, Peter Crawford, Henry 'Villiamson, 
Thomas .:\IcKay, 'Villiam Fellows, S. C. Reeves, James Porter, I. 'V. Alder- 
man, y,Tilliam :Moulton, Aaron Stanton, J. R. Robb, Aaron Payne. J. .Ma
h- 
eney, George Gay, Samuel Hancock, Robcrt Alexander, Niniwon Everman, 
Joha Byrd, Elisha Byrd, 'Villiam Byrd, Sr, 'Villiam Byrd, Jr, T. R. Hill, 
Ira Pa'

erson, 'Villiam Patterson, Stephen Bonser, Saul llichards, 'Y. H. 
Gray, Stephen Staats, J. 'V. Nesmith, J. S. Snooks, 'V. D. Canfield, Alanson 
Husted, John 11. 
hivdy, Edmund Syh
ester, James O'Neal, Benjamin 
'Vood, 'Yilliam 'Vhitney, 'V. P. Dougherty, Allen :l\IcLeod, John Edmonds, 
Charles Allams, .John Inyard, Miriam Poe, Joseph 'Yilliams, Hilt. Bonser, 
'Yilliam Shaw, Thomas Carter, Jefferson Carter, Ralph 'Vilcox, Benjamin 
Burch, 'Yilliam H. Rector, Hamilton Camphell, Robert Newell, John E. 
Bradley, J. Curtis, H. Brown, Jeremiah 11cKay, Priest, Turney, Leonard, 
Shurtzer, Loomis, Samuel Cozine, Columbia Lancaster Pool, English, Thoml'- 
son, Johnson, Robinson, and others, 
12 P. 'V. 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. 
Ownin
 a little skiff called the E. JVest, he traùed 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 'Vilson Blain, opposite Oregon City. Having considerable 
wheat at :McLoughlin's mill he had a portion of it gronnd, 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. 'Vint('r coming 011 he a
sistecl his friend Reed in the pioneer 
bakery of Portland. In Fehruary 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 l>ortlalld, Crawford ana'Vill- 
iams, the former mate of the Starling, engaged of the supercargo Gray, at 
sixty dollars each, steerage passage 011 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 yisit to Vancouvcr, which 
could not be done in a boat, as the river was still full of ice, above the mouth 
of the \Yilliamette. He succeeded in crossing the Columbia opposite the 
head of Sauvé Island, and walked from the landing to Vancouver, a distance 
of about six miles. This business accomplished, he rejoined his companion 
ill the boat, and set out for Hunt's mill, still endangered by floating ice, but 



48 EFFECT OF THE CALIFORYIA GOLD DISCOVERY. 
There was a complete revolution in trade, as re- 
l1larkable as it was unlooked for t\VO years before, 
,vhen the farmers were trying to form a coäperative 
ship-building association to carry the products of their 
farnls to a n1arket ,vhere cash could be obtained for 
,,
 heat. No need longer to cOITIplain of the absence of 
vessels, or the terrible bar of the Columbia. I have 
nlentioned in the preceding chapter that the IIen'ry 
and the Toulon ,vere the only t\VO Anlerican vessels 
trading regularly to the Colu111bia River in the spring 
of 1848. Hitherto only an occasional vessel fronl Cal- 
ifornia had entered the river for lurnber and flour; 
but no\v they canle in fleets, taking besides these ar- 
ticles vegetables, butter, eggs, and other products 
needed by the thousands arriving at the 111ines, 
the traffic at first yielding enOrlTIOUS profits. Instead 
of froln three to eight arrivals and departures in a 
year, there were more than fifty in 1849, of \vhich 
t\venty ,vere in the river in October a,vaiting car- 
goes at one time. 13 They ,vere frOlTI sixty to six or 
or seven hundred tons burden, and three of thern 
were built in Oregon. I4 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 ciI"culation. 
Þlarrative, :MS., 179-187. 
13 Ahout the last of December 1848 the Spanish bark Jóren Guipllzroana, 
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 \Villamette until February, and did not get out of 
the river until about the middle of :March. Crau1ord's ....Var., :MS" 173-91. 
The brig .llIalpck 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 ::\Ienzies; 7th, Lk. Anita, Hall; brig Undine, Brum; 
Iay 
8th, bks. Anita, Hall; Janet, Dring; ship }'IerCf'rles; schrs. Alilu.,'aukip; Val- 
dot'a; 28th, hk. J. JV. Carter; brig }'Ial'Y and Ellen; June 16th, schr. Pio- 
'J7fer
. bk. Undine; 2::;d, bk. Columbia; brigs Hpnry, Sacramento, Bl Placer; 
July 2(1, ship JValpole; 10th, brigs Belfast, L'Etoile du l11atin
. ship Silvie de 
Ora.
.rse; schr. U. U. Raymond; brig Quito
. 28th, ship Huntress; bk, Louisi- 
ana; schr. Orn. Lane; Aug. 7th, bk. Carib,. 11th, bks. Ilar}Jooner, }'Iadonna,. 
ship A llrora; brig Forrest; bks. Ocean Bird, Diamond, lIelen }'I. Lehller; 
Oct. 17th, hrigs Quito, Hawkes; O. C. Raymond, :Menzies; Josephine, :Mclton; 
Jno. Petit; l1Iary and Bllen, Gier; bks. Toulon, Hoyt; Azim, McKenzie; 
22d, brig Sarah JJlcFarlanrl, Brooks; 24th, brig JVolcott, Kennedy; Nov. 
12th, bk. Louisiana, 'Villiams; brigs JJlary JVilder; North Bnid, Bartlett; 
13th, ship /luntre8s, Upton; 15th, bks. Diamond, JJladonna; 23th, brig Sac- 
ramento.: hk. Se[/uin, Norton; brig Duc de Lm'f}unes, Travillot. 
uThe schooner Milwaukie J built at Milwaukie b) Lot 'Vitcomband Joseph 



OTIEGON SHIPPIKG. 


49 


general light draft, or to an increased kno\vledge of 
the channels of the 1110uth of the river, fc\v accidents 
occurred, and only one Alnericau vessel \vas \vrecked 
at or near the entrance this year ;1;) though t\VO 
French ships ,vere lost during the SU111mer, one on 
the bar in attelllpting to enter by the south channel, 
then changed in its direction frorn the shifting of the 
sands, and the other, by carelessness, in the river 
bet\veen Astoria and Tongue Point. 16 
rrhat all this sudden influx of shipping, ,yhere so 
little had ventured before, n1eant prosperity to Oregon 
tradeSl11en is unquestionable. Portland, \vhich Petty- 
grove had turned his back upon \vith seventy-five 
thousand dollars, ,vas no\v a thriving port, \y hose 
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,OOO. The Gpllel.al Lane was built at Oregon City by John :McClellan, 
aiùeù by :McLoughlin, and ran to San Francisco. Her captain was Gil- 
man, afterward a bar I>Ïlot at Astoria. She went directly to Sacramento with 
a cargo of lumber and farm products. The Pio71per was put together by a 
company at Astoria. II07wlulu Friend, Sept. 1, 18-!9. 
15 The brig Josephine was becalmed, whereupon her anchor was let down; 
but a gale blowing up in the njght she was driven on the sand and dashed to 
pieces ill the breakers, She was loaded with lumber from the Oregon City 

1ills, which was a total loss to the Island :Milling Company. Or. Spectator, 
Jan. 10, 1830. 
16 This latter wreck was of the Silvie de Grasse which hrought Thornton 
home from Boston. She was formerly a packet of 2,000 tOllS, 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. 'Vhat 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. ' 
Orerlol1ian, in PlIgf't Sound GazPltp, April!,), 1867. The wreck on the bar was 
of L'Etvile du J1I"tln, before mentioned in connection with the return to 
Oregon of Archbishop Blanchet, and the arrival of the Catholic reënforce- 
ment in 1847, Returning to Oregon in 1849, the captain not finding 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 alJ lost in 
lowering, but after passing through great dangers the ship W3,S 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 
somc Indians. A box rudder was constructed, and the vessel taken to Port- 
land, and landed where the warehousc of Allen and Lewis later stood, The 
cargo belonged to Francis 
Ienes, who saved most of it, and who opened a 
storc in Oregon City, where he resided four years, finally settling at 8t Louis 
on French rrairie. He died December 18G7. The hull of the JIorning 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, 

1arch 28, 18G8. 
RIST. On., VOL. II. , 



50 EFFECT OF THE CALIFOR:NIA GOLD DISCOVERY. 


shore ,vas lined ,vith a fleet of barks, brigs, and ships, 
and ,vhere ,vharves and ,varehouses ,vere in great 
denland. 17 In Oregon City the mills ,vere kept busy 
making flour and lunlber,18 and ne,v sa\v-ulills \vere 
erected on the Colunlbia. 19 
The farmers did not at first derive much benefit 
fronl the change in affairs, as labor ,vas so high and 
scarce, and there ,vas a partial loss of crops in conse- 
quence. Furthern10re their ,,,,heat was already in 
store \vith the nlerchants and 111illers at a fixed price, 
or contracted for to pay debts. They therefore could 
not delnand the advanced price of ,vheat till the crop 
of 1849 ,vas harvested, ,vhile the merchant-millers 
had ahnost a ,yhole year in ,vhich to make flour out 
of 'v heat costing then1 not more than five eighths of 
a dollar a bushel in goods, and 'v hich they sold at ten 
and t,velve dollars a barrel at the TIlills. If able to 
send it to San Francisco, they realized double that 
price. As ,vith wheat so ,,,,,ith other things,20 the 
speculators had the best of it. 
17 Couch returned in August from the east, in the bark ltfadonna, with 
G. A. Flanders as mate, in the service of the Shermans, shipping merchants 
of N ew York. They built a wharf and warehouse, and had soon laid the founda- 
tion of a handsome fortune. Eugene La Forrest, in P070tland Oregonian, Jan. 
29, 1870; Deady, in Tran8. Or, Pionee1' Assor" 1876, 33-4. Nathaniel Crosby, 
also of Portland, was owner of the O. C. Raymond, which carried on so profit- 
able a trade that he could afford to pay the master $300 a month, the mate 
8200, and ordinary seamen $100. He had built himself a residence costing 
$5,000 before the gold discovery. llonolullt Friend, Oct. 15, 184D. 
18 :\IcLoughlin's miller was James Bachan, a Scotchman. The island grist- 
mill was in charge of Robert Pentland, an Englishman, miller for Abernethy. 
Orauior(l's ])Tar., :MS. 
19 A mill was erected in 1848 on l\Iilton Creek, which falls into Scappoose 
Bay, an inlet of the lower 'YiUamette at its junction with the Columbia, where 
the town of :l\Iilton 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 
'V. Smith, who employed the hark LO'lli.
ian(f, Captain 'Villiams, carryin
 
lumber to San Francisco. C7 o auford's .J..Var., 11S., 217. By the bark Diamond, 
which arriveù from Boston in August, Hiram Clark supercargo, Abernethy 
received a lot of gooùs ancl 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 'Vinship lJrothers, a more convenient place for getting timber or 
loading vessels than Oregon City. The island mill at the latter place was 
rented to 'yalter Pomeroy, and subserJuently sold, as I shall relate hereafter. 
Another mIll was erected above find back of TonO'ue Point by Henry Marland 
in 1849. Id,
' lIonolulu Fri('Jul, Oct. 3, 1849. 0 
2.) In the Spectator of Oct. 18, ] 849, 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; 



:MI
D AND HABITS UNSETTLED. 


51 


'Vhen the General Lane sailed froln Oregon City 
\vith 1111nber and provisions, there ,vere several tons 
of eggs on board ,vhich had been purchased at the 
111arket price, and "T hich ,vere sold Ly the captain at 
t.hirty cents a dozen to a passenger ,y ho obtained for 
thenl at Sacralnento a dollar each. The large increase 
of hÙlne productions, ,vith the influx of gold by the 
return of fortunate Ininers, soon enabled the farn1crs 
to payoff their debts and in}prove their places, a labor 
upon ,vhich they entered ,vith ardor in anticipation of 
the donation la,v. Son}e of those ,vho could arrange 
their affairs, ,vent a second tilne to California in 1849; 
alnong the ne,v cOll}panies being one of several hUll- 
dred Canadians and half-breeds, under the charge of 
Father Delorme, fe\v of \v honl ever returned alive, 
o\ving to one of those rnysterious epiden1Ícs, developed 
under certain not ,veIl understood conditions, attack- 
ing their can1p.21 
On the \v hole the effect of the California gold dis- 
covery ,vas to unsettle the luinds of the people and 
change their habits. To the I-Iudson's Bay Company 
it ,vas in SOITIe respects a dan1age, and in others a 
benefit. The fur-trade fell off, and this, together ,vith 
the operation of the treaty of 1846, conlpelling thelll 
to pay duties on goods froD1 English ports, soon 
effected the abandonnlent of their business in United 
States territory. For a tilDe they had a profitable' 
trade in gold-dust, but ,vhen coined gold and An1erican 
and :i\Iexican Il}Oney caIne into free circulat.ion, there 
,vas an entl of that speculation. 22 Every circulnstance 
no\v conspired to drive British trade out of Oregon 


butter, 62 and 7:5 cents; cheesE', 50 cents; flour, 
14 per barrel; wheat, $1.50 
and 82 per bushel, and oats the same. Potatoes were worth $2..30 per bU::ìhel; 
apples, 810. These were the articles produced in tlw èountry, and these 
prices were good. On the othcr haud, grocerics and dry gOOtls, which 'Vl're 
imported, cost lcss than formerly, because, while consumption was less, more 
cargoes wcre arriving. Iron and nails, glass and paint were still high, and 
cooking-sto,-es brought from $iO to 81:
0. 
21 F. X. )Iatthieu, who was one of the company, says that out of 600 only 
150 remaincd alive, and that Delorme narro-wlyeseapcd. ltefu!Jl'e, ::\IS" 13; 
Blanch(t's llist. Cath. Oh. in Or., 180. 
22 Roberts' Recollections, I\1S., 81; Anderson's Northwest Coast, :MS., 38. 



52 EFFECT OF THE CALIFORXIA GOLD DISCOVERY. 


as fast as the country could get along independently 
of it; and inasll1uch a:5 the fur cOlllpany had, through 
the dependence of the Alnerican cOllln1unity UPOll 
then1, been enabled to lllake a fair profit on a large 
all10unt of goods, it ,vas scarcely to 1e regretted that 
they should no,v be forced to give ,yay, and retire to 
no,,'" territory \vhere only fur cOlnpanies properly be- 
long. 
Al110ng the events of 1849 ,vhich ,vere directly 
due to the 11lining episode ,vas the 111inting of about 
fifty thousand dollars at Oregon City, under an act 
of the colonial legislature passeù at its last session, 
,,
ithout license froIH the United States. The rea- 
sons for this act, \vhich ,vere recited in .the preaulb]e, 
,yere that in use as currency ,vas a large an1ount. of 
gold-dust ,vhich ,vas mixed ,vith base nletals and in1- 
purities of other kinds, and that great irregularities 
in ,veighing existed, to the injury of the COlll111Unity. 
T,yo lllenlbers only, 1\IedorU111 Cra,vford and 'V. J. 
1\ Iarti n, voted against the bill, and these entered on 
the records a formal protest on the ground that the 
Ineasure ,vas unconstitutional and inexpedient. 23 The 


23 Grover's Or. Archives, 311, 315. The act was approved by the goyernor 
Feb. IG, 1849. According to its provisions the mint was to be established at 
Oregon City; its officers, elected annually by the house of represcntatÌ\?es, 
were to give cach830,OOO bonds, and draw a salary of $l,Um) each perannum, to 
lJe paid out of proceeds of the institution. The director was empowered to 
l)ledge the faith of the territory for means to put the mint in operation; and 
was required to publish in some newspaper in the tcrritory a quarterly state- 
l11ent, 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 Hve 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 fÌ\Yc, for 
the picces of fh-e pennyweights, and the Roman figure ten, for the pieces of 
tell pcnnyweights, the reverse sides to be stamped with the ,vords Oregon 
Territory, and the date of the year around the face, with the 'arms of Ore- 
gon' in the eeutre. 'Yhat thcn constituted the 'arms of Oregon' is a ques- 
tion. Brown, Will. Vallry. !\IS" 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 
tlmt the auditor's seal of the provisional govcrnment consisted of a star in 
the centre of a figure so arranged as to reprcsent a larger star, containing the 
h.tters Auditor O. T" and that it is still I)rescrved in the Oregon archi\-cs. 
Rf'lics, 1\1S., 6. But as the law plainly ùcscribed the coins as having the arms 
of Oregon on the same siùe 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 beaycr 



THE QUESTION OF COINAGE. 


53 


reason for the passage of the act \yas, really, the lo\v 
price of gold-dust, the lnerchants having the po,ver 
to fix the rate of gold a:s ,veIl a8 of ,vheat, receivillg 
it for goods at t,velve dollars an ounce, the Hud
on'
 
Bay Conlpany buying it at ten dollars and paying in 
coin procured for the purpose. 24 
The effect of the la,v ,vas to prevent the circulation 
of gold-dust altogether, as it forbade \veighing. No 
steps \vere taken to\vard building a 111int, \v hich \vould 
have been inlPossible had not the erection of a terri- 
torial governnlent intervened. But as there \vas 
henceforth considerable coin coming into the country 
to exchange at high prices for every availàble product, 
there ,vas no serious lack of 111oney.25 On the con- 
trary there \vas a disadvantage in the readine
s ,vith 
\vhich silver \vas introduced froln California, barrels 
of 
Iexican and Peruvian dollars being thro\vn upon 
the n1arket, \vhich had been sent to California to pay 
for gold-dust. The Hudson'
 Bay C0111pany allu\ved 
only fifty cents for a Peruvian dollar, \vhile the Anler- 
ican Inerchants took thenl at one hundred cents. Sonle 
of the Oregon miners \vere shre,vd enough to buy up 
1\Iexican silver dollars, and even less valuable coins, 
\vith 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 ståmped pieces authorized hy the act; and whatever remained of profits, 
after deducting expenses, ,,,,as to be applied tu pay the Cayuse ,,,,ar expenscs. 
Penalties were provided for the punishment of any private pcrson who should 
coin gold or attempt to pass unstamped gold. The officers appointed were 
James Taylor, director; Truman P. Powers, treasurer; \Y. If. \\
illson, 
melter and coiner, and G. L, Curry, assayer. Ur. Spedator, Feb. 
2, 1849. 
24 Barnes' Ur. and Cal., J\1S., 9; Buck's Ente7''Pri.,es, JUS., 8; BrU'll'u's IVill. 
ral., :.MS., 14. This condition of the currency caused a petition to be drawn 
up and numerously signed, setting forth that in consequcnce 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 thc territory, they 
declared, to the yalue of two millions of dollars, and more arriving. Besides 
the losses they were forced to Lear by the depreciation of gold - dust, there 
was the inconvenience üf handling it in its original state, and also the lo::;s 
attending its frequent dhTision. These objections to l1 golil- 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 ùone as I bave said. 
Or. Archire8, 
IS., 188. 
25 Deady's lIist. Or., 
IS. 



54 EFFECT OF THE CALIFORNIA GOLD DISCOVERY. 


theln to Orcgon where dust could be readily obtained 
at t\velve or fourteen dollars an ounce. 26 The gold 
coins in general circulation ,vere Spanish doubloons, 
hal ves, and quarters. Such ,vas the scarcity of con- 
venient currency previous to this overplus that silycr 
coin had been at a prell1ium of ten per cent,27 but fell 
rapidly to one per cent. 
The act of the legislature did not escape criticis111. 28 
But before the lavv could be carried into eflect Gov- 
ernor Lane had issued his proclalnation placing the 
territory under the goveruinent of the United Statos, 
and it becanle ineffectual, as ,veIl as illegal. The 
,vant, ho\vever, rClnaining the saIne, a partnership 
,,,"as forlned called the Oregon Exchange COlnpany, 
,vhich proceeded to coin 1110ney after its o\vn fashion, 
and on its o\vn responsibility. The 11lenlbers ,vere 
'V. K. Kilborne, Theophilus 
fagruder, J alnes Tay- 
lor, George Abernethy, W. H. Willson, 'V. H. Rector, 
J. G. CalnpbelJ, and Noyes Smith. Rector" being the 
o:lly Inember \vith any Inechanical skill" ,vas depu- 
tized to furnish the stalnps and dies, ,vhich he did, 
using a snlall111achine for turning iron. The engrav- 
ing ,vas done by Canlpbell. When all ,vas in readi- 
ness, Rector ,vas en1ployed as coiner, no assaying 
being done or atte111pt 111ade to part the silver fron1 
the gold. Indeed, it ,vas not then kno\vn in Oregon 
that there ,vas any silver in the crude 1netal, and all 
the pieces of the sanle denolllination 'v ere nlade of the 
Sa111e ,voight, though the color varied considerably. 
About thirty thousand dollars ,vere nlade into five- 


26 'v. H. Rector's Oregon Exchange Company, in Or. Archives, :MS., 193. 
27...1/088' Pioneer Times, 
IS., 59. 
28 Some severe strictures werc l)assed upon it by A. E. \Vait, a lawyer, 
and at that time editor of the Spertato1", who dcclared with emphasis that the 
l)eople of Oregon desited no law which conflicted with the laws of the United 

tates; Lut only askcd for thc tcmporary privilege undcr the provisional go\'- 
crnh1ent of coining gold to meet thc requirements of Lusiness for the present; 
r.nll that if this act was to he numbered among those which congress was 
asked to confirm, it wab a ùirect insult to the Uniteù States. 'Vait may have 
h
en right as to the general scntiment of the pe0ple, or of the best and most 
patriotic men of the American rarty, 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 
10NEY. 


55 


dollar pieces; and not quite the same an10unt into ten- 
dollar coins. 29 This coinage raised the price of dust 
froin t,vel ve to sixteen dollars an ounce, and caused a 
great saving to the territory. Being thro,vn into cir- 
culation, and quickly follo\ved by an abundance of 
nloney fro In California, the intended check on the 
a varice of the Il1erchants ,vas effected. 30 The Oregon 
Exchange coinage ,vent by the nalne 'beaver lTIOney,' 
and ,vas eventually all called in by the United States 
111int in San Francisco, a pren1iull1 being paid upon it, 
as it ,vas of greater value than the denon1Înations 011 
the coins indicated. 31 
I have said that the effect of the gold discovery 
,vas 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- 


TEN DOLLABB. 


FIVE DOLLARS. 
neath the beaver was '0. T., 1849.' On the reverse was 'Oregon Exchange 
Company' around the margin, and '10 D. 20G. Native Gold' with 'Ten D.' in 
the centre. Thornton's Or. Relics, l\1
., 5. 
30 Ur. A 'rcldves, ]\l
., ID2-5; Bucl;'s Enterpri:3e8, I\1S., 9-10. Rector says: 
'1 afterward learned that Kilborne took the rolling-mill to Umpqua. John 
G. Campbell had the dies the last 1 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, togethcr with a $10 piece, and that he had made 
several impressions of the dies in block tin. A set of thcse impressions was 
presented to me in 1878 by l\1r Brown, and is in my collection. 
3J Or. A'rcltiæs, 
1
., 191, 196. Other mention of the 'beaver money' is 
made in Or. Pionee'l' Asso. Trans., 1875, 72, and Portland Ore[Jonian, Dec. 8, 
18G6. 



56 EFFECT OF. THE CALIFORNIA GOLD DISCOVERY. 


,vas eCOn0111Y and thrift before, there ,vas no\va ten.. 
dency to profligacy and \vaste. This was natural. 
They had suffered so long the oppression of a \vant 
that could not be relieved, and the restraint of desires 
that could not be gratified \vithout money, that \vhen 
nloney Call1e, and ,vith such ease, it ,vas like a draught 
of brandy upon an elnpty stonlaeh. There ,vas in- 
toxication, sonletirnes deliriun1. Such ,vas especially 
the case ,vith the Canadians,32 some of \vhom brought 
hon1e thirty or forty thousand dollars, but ,vere unable 
to keep it. The saIne ,vas true of others. The pleasure 
of spending, and of buying such articles of luxury 
as no,v began to find their ,yay to Oregon fron1 an 
overstocked California nlarkct, ,vas too great to be 
resisted. If they could not keep their n1oney, ho,v- 
ever, they put it into circulation, a!1d so contributed 
to supply a ,vant in the conlrnunity, and enable those 
'v ho could not go to the nlines, through fear of losing 
their land clainls, 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 ,vas not the case in general, though 
it 111ay have been so in particular instances. It 
took agriculturists tenlporarily from their farms and 
mechanics froln their shops, thereby checking the 
steady if slo\v march of iUlprovenlent. But it found 
a Inarket for agricultural products, raising prices 
several hundred per cent, and enabled the farnler to 
get gold for his produce, instead of a poor class of 
goods at exorbitant prices. It checked for t,vo or 
three years the progress of building. While l1lill- 
o,vners obtained enormous prices for their lunlber, 
the \vages of nlechanics advanced from a dollar and a 
half a day to eight dollars, and the day laborer ,vas 
able to demand and obtain four dollars per day 35 
32 Ande'l'son'.
 NorthweRt Coast, 1IS., 37-9; Johnson's Cal. and Or., 20ü-7. 
33 8ayward's Pioneer Remin., 
IS., 7. 
M Deady, in Ovedand it/ont/ill!, i. 36; IIonolulu Friend, 
Iay 3, 18.31. 
3
 Brown's Autobio[}1"Ctphy, 
1
., 37; Stl'on[J's11ist. Or., 11
., 15. 



W AGES AND DEBTS. 


57 


,yhere he had received but one. 
fen ,vho before ,vere 
ahnost hopelessly in debt ,vere enabled to pay. By 
the anlended currency la,v, all debts that had to be 
collected by la \v \vere payable in gold instead of 
,vheat. l\Iany persons ,vere in debt, and their credit- 
ors hesitated to sell their farms and thus ruin thclll; 
but all the same the dread of ruin hung over thenl, 
crushing their spirits. Six months in the gold nlines 
changed all, and lifted the burden fronl their hearts. 
Another good effect \vas 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 ,vho in a short time built 
steanlboats in place of sloops and flatboats, and estab- 
lished inland transportation for passengers and goods, 
\vhich gradually displaced the pack-train and the 
universal horseback travel. These new 111en enabled 
the United States government to carry out SOITIe of 
its proposed nleasures of relief in favor of the people 
of Oregon, in the matter of a nlail service, to open 
trade ,vith foreign ports, to establish telegraphic conl- 
munication ,vith California, and eventually to introduce 
railroads. These were certainly no light benefits, anù 
,vere in a measure the result of the gold discovery. 
Without it, though the country had continued to fill 
up \vith the saIne class of people \yho first settled 
it, several generations must have passed before Sð 
111uch could have been effected as ,vas no\v quickly 
accolÐplished. Even \vith the aid of governnlent the 
country lllust have progressed slo\vly, o\ving to its 
distance from business and progressional centres, and 
the expense ofnlaintaining intercourse \vith the parent 
government. }Ioreover, during this period of slo\v 
gro\vth the average condition of the people \yith re- 
spect to intellectual progress \vould have retrograded. 

rhe adult population, having to labor for the Hupport 
of fanli1ies, and being deprived through distance and 
the ,vant of nloney fronl keeping up their fornlcr 
intellectual pursuits, \vould have ceased to feel their 



58 EFFECT OF THE CALIFORNIA GOLD DISCOVERY. 


fOrlTIer interest in learning and literature. Their chil- 
dren, ,vith but poor educational facilities and ,vithout 
the example, ,vould have gro,vn up \vith acquire- 
lllents inferior to those of their parents before e1l1i.. 
grating. Reared in poor houses, \yithout any of the 
elegancies of life,36 and ,vith but fe\v of the ordinary 
conveniences, they \vould have n1Íssed the refining 
influences of healthy environment, and have fallen 
belo\v the level of their tinle in regard to the higher 
enjoYlnents of living. The people being chiefly agri- 
cultural and pastoral, fron1 their isolation \vould have 
becollle fixed in their ideas and prej udices. As the 
lneans of living becanle plenty and little exertion \vas 
required, they ,vould beC0111e attached to an easy, 
careless, unthinking nlode of existence, ,yith a ten- 
dency even to resent innovations in their habits to 
,vhich a higher degree of civilization n1ight invite 
then1. Such is the tendency of poverty and isolation, 
or of isolation and rude physical comforts, \vithout 
some constant refining agency at hand. 


One of the in1n1eJiate effects of the mining exodus 
of 1848 ,vas the suspension of the legislature. 37 On 
the day appointed by la\v for the assembling of the 
legislative body only nine mernbers ,vere present, 
representing four counties; and this not\vithstanding 
the governor had issued proclamations to fill vacan- 
cies occurring through the resignation of menlbers- 
elect. 3d Even after the sergeant-at-arms had com- 
pelled the appearance of four members from Cham- 


86 Stro'llg'8 lli.<;t. Or., 
IS., 21. 
87 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 'Vilcox; Champoeg, Albert Gains, Robert Newell, \V, J. Bailey, 
'Yilliam Porter; Yam hill, A. J. Hembree, L. A, Rice, 'Villiam 
1artin; 
Polk, Harrison Linville, J. \V. Nesmith, O. Russell; Linn, Henry J. Peter- 
son, Anderson Cox; Lewis, Levi L. Smith; Clatsop, A. H. Thompson; Van- 
couver, Adolphus L. Lewis. Grover's Ot.. Archivps, 2:;8. 
88 The members elected to fill vacancies '\\'ere Samuel Parker, in Cham- 
poeg County; D. Hill, in Tualatin; A, F. Hedges and 
I. Crawford, in Clack- 
amas. [d., 2üû. Two other substitutes were elected-Thomas J. Lovelady 
of Polk county, and A. 1\1. Locke of Benton, neither of whom served. 



THE \VHEELS OF LEGISLATION. 


59 


poeg, Po]k, and Linn counties, there 'vere still but 
thiréeen out of t\venty-three allo\ved by the appor- 
tionlnent. After organizing by choosing Ralph vVil- 
cox speaker, 'V. G. T'Vault chief clerk, and 'Villiaul 
11oln1es scrgeant-at-arn1s and door-keeper, the house 
adjourned till the first l\londay in 
'ebruary, to give 
t
nle for special elections to fill the nunlerous vacan- 
CIes. 
The governor having again issued proclamations to 
the yacant districts to elect, on the 5th of :b'ebruary 
1849 there convened at Oregon City the last session 
of the provisional legislature of the Oregon colony. 
I t consisted of eighteen nlell1bers, narnely : Jesse 
Applegate, W. J. Bailey, A. Cox, 1\1. Cra\vford, G. 
L. Curry, A. F. Hedges, A. J. Henlbree, David 
Ifill, John Huùson, A. L. Le\vis, W. J. J\lartin, S. 
Parker, H. J. Peterson, Willianl Portius, L. A. Rice, 
S. R. Thurston, J. C. A very, and Ralph 'Vilcox. 39 
Le\vis County remained unrepresented, nor did 
Avery of Benton appear until brought ,vith a ,yar- 
rant, an organization being effected ,vith seventeen 
l1lelll bers. Wilcox declining to act as speaker, Levi 
A. Rice ,vas chosen in his place, and s\vorn into office 
by S. 1\1. Holderness, secretary of state. T'Vault 
,vas reëlected chief clerk; James Cluse enrolling clerk; 
89 Ralph 'Yilcoxwas 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 11th of October 1845 he married, emigrat- 
ing to Oregon the following year. In January 1847 he was appointed by 
Abernethy county judge of l'ualatin vice 'V. Burris resigned, amI the same 
year was elected to the legislature from the same county, and re-elected in 
1818. Besides being chosen speaker at this session, he was elected Bpeaker 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 
'Vashington (formerly Tualatin) county, an office which he held till 18ß2, 
when he was again elected to the house of representatives for two years. In 
July 1863 he was appointed clerk of the U. S. district court for the district 
of Oregon, and U. So 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 t:!tate of mental depression caused by 
1):1ralysis. Notwithstanding his somewhat free living he had continued to 
enjoy the confidence of the public for thirty years. The Po:tland bar 
passed the usual eulogistic resolutions. Oregon City Entf"]Jrise, Apnl2ü, 1877; 
S. F. Alta, April IU, 1877; Cal. Christictn Advot'ate, 
lay 3, 187";; P07.tland 
Urf!yonicUl, April 21, 1877; Deady, in Or. Pioneer As.so. 'l'rans., 1873, 37-8. 



60 EFFECT OF THE CALIFORNIA GOLD DISCOVERY. 


Stephen H. L. J\Ieek sergeant-at-arms, and Wilson 
Blain chaplain. 
Abernethy in his message to the legislature inforlned 
then) that his proclanlation had called thelll together 
for the purpose of transacting the business 'v hich 
should have been done at the regular session, relating 
chiefly to the adjustment of the expenses of the 
Cayuse ,var, ,vhich it ,vas expected the United States 
governlnent would aSSUlne; and also to act upon the 
all1endments to the organic la,v 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 clailns, ,vhich alnend- 
lllents had been sanctioned by the vote of the people 
at the regular election. Infornlation had been re- 
ceived, he said, that the officers necessary to establish 
and carryon the territorial governnlent, for 'v hich 
they had so long hoped, ,vere on their ,yay and ,voulcl 
soon arrive;40 and he plainly indicated that he expected 
the l11atters pointed out to be settled. in a certain ,yay, 
before the new government should be established, 
confirnling the acts of the retiring organization. 41 
The la,vs passed relating to the Cayuse ,val' ,vere 
an act to provide for the pay of the COlll111issioned offi- 


{O This information seems to have been brought to Oregon in January 
1849, by o. 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 hÏ1n 
at :l\Ionterey about the last of Kov., 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. Salfm 07'. Statesman, Aug. 7,18.32; 
Or. Spect(/tO'l', Jan. 2.3, 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 he 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 gm"ernment 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. Grove7"s Or. Archive.';, 273. This was the beginning of specu- 
lation in Oregon war scrip. As to the report of the commissary and quarter- 
ma5ter-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 $.37,000, making the cost of the war without the salaries of the commis- 
sioned officers over SH3ü,OOO. This was subsequently much reduced by a. 
commis"ioll, as I shall show ill the proper place. 



ACTS PASSED. 


61 


cers enlployed in the service of the territory during 
the hostilities, and an act regulating the issuing and 
redelnption of scrip/2 making it payable to tho porson 
to ". hOln first issued, or bearer, the treasurer being 
authorized to exchange or redeern it 'v henever offered, 
,yith interest. Another act provided for the manner 
of exchange, and interest paYlnents. An act ,vas 
passed nlaking a change in the oath of office, and 
Inaking county clerks recorders of land clainls, to 
,y hieh the governor refused his signature on the plea 
that the United States la\vs ,,""ould provide for the 
111anner of recording claims. On the other hand the 
legislature refused to alnend the organic law' by put- 
ting in the \vord 'prohibit' in place of 'regulate,' but 
passed an act making it necessary for every person 
applying for a license to sell or nlanufactul"8 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 Le allo,ved beyond 
the linlits of the \ybite settlelnents. With this poor 
substitute for the entire interdiction he had so long 
desired, the governor ,vas con1pel1ed to be so far sat- 
isfied as to append his signature. 
Besides the act providing for ,veighing and stamp- 
ing gold, of \vhich I haye spoken, little n10re ,vas done 
than is here nlentioned. SOlne contests took place 
het\vecn nlelnbers over proposed enactlnents, and 
Jesse Applegate,43 as custolnary ,vith hiln, offered 


47 The first act mentioned here I bav.e been unable to find. I quote the 
Or. Spectat01', Feb. 22, 184D. In place of it I finù in the OJ'. Law.
, 1843-9, 
56-8, an act providing for 'the final settlement of claims against the Oregon 
go\'crnmcnt for anù on account of the Cayuse war,' by which a hoard of com- 
missioners was appointed to settle and adjust those claims; said commission- 
ers heing Thomas 
Iagruder, Samuel Burch. and 'Vesley 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 proviùe for the pay of commissioned officers. 
43 Ever since first passing through southern Oregon on his exploring expe- 
(1ition, he had entertained a high opinion of the country; and he brought in 
a bill to charter an association called the Klamath Company, which \\ as to 
ha\.e power to treat with the natives and p'.lrchase lands from them. 
Ir 
Hedges opposed the hill, and offered a resolution, 'that it was not in the 
power of the house to grant a charter to any indiviùual, or company, for 



62 EFFECT OF THE CALIFOR
IA GOLD DISCOVERY. 


resolutions and protests ad a1"bitriu11
 et lJrojJositu111. 
Another n1an, San1uel R. Thurston, an elnigrant of 
1847, displayed indications of a purpose to n}ake his 
talents recognized. In the course of proceedings A. 
L. Le\vis, of \T ancouver county, offered a resolution 
that the superintendent of Indian affairs be required 
to report,44 presently asking if there 'v ere an Indian 
superintendent in Oregon at all. 
The governor replied that II. A. G. Lee had re- 
signed the superintendency because the con1pensation 
bore no proportion to the services required, and that 
since Lee's resignation he had perforlued the duties of 
superintendent, not being able to find any con1petent 
person \v ho ,yould accept the office. In a second C01l1- 
nlunication he reported on Indian affairs that the 
course pursued had been conciliatory, and that the 
Indians håd seen1Ïngly become quiet, and had ceased 
their clan10r for pay for their lands, \vaiting for the 
United States to 1110ve in the n1atter; and the Cayuse 
111urderers had not been secured. 'J{ith regard to the 
confiscation of Indian lands, he returned for ans\ver 


treating for wild lands in the territory, or for holding treaties with the Indian 
triLes for the purchase of lands,' all of which was very apparent. But l\Ir 
Applegate introduced the counter resolution' that if the doctrine in the reso- 
lution last passed be true, then the powers of the Oregon governmcnt are un- 
equal to the wants of the people,' which was of course equally true, as it was 
only provisional. 
H 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 InJian country, a11<l 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 liq uor to Indians. 'A. Lee Lewis, , 
says Applegate, 'a bright young man, the son of a chief factor, aften\ard 
superinten(lent of Indian affairs, was the first representative of Vancouver 
district.' Vìew80f lIi.st., 
IS., 4.3. Another British subjcct, who touk a part 
in the provisional government, was Richard Lane, appointed Ly Abernethy 
county judge of Vancouver in 1847, vice Dugald l\IcTavish rcsigned. ()r, Spec- 
tator, Jan. 21, 18-17. Lane came to Oregon in 18:
7 as a clerk to the Hudson's 
Bay Company. He was a ripe scl
olar and a good lawyC'r. He li'Ted 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 uf 
'Vashington, clerk of the supreme and district courts, county auditor, a11(1 
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. Valles Mountaineer, 
in Seattle Pacific Tribune, 
Iarch 2, 1877. 



I:\I:MI&R.A.TION. 


63 


that he believed Lee had invited the settlen1ent of 
AUlericans in the Cayuse country, but that he kne\v 
nothing of any charter having been granted to 'any 
one, and that he presun1ed the settlelnent ,voult! have 
been nlade by each person locating a clain1 of six 
hundred and forty acres. He reiterated the opinion 
expressed to Lee, \vhen the superintendent sought 
his advice, that the Cayuses having been engaged in 
\var \vith the Americans the appropriation of their 
lands ,vas justifiable, and would be so regarded by the 
neighboring tribes. As to liquor being sold to the 
Indians, though he believed it ,vas Jone, he had never' 
yet been able to prove it in a single instance, and 
reconlmendeJ adlnitting Indian testilnony. 
The legislature adjourned February 16th, having 
put, so far as could be done, the provisional govern- 
ITlent in order, to be confirnled by act of congress, 
even to passing an act providing for the payn1ent of 
the several departments-a necessary but hitherto 
n1uch neglected duty of the organization 45 -and also 
to the election of territorial officers for another tern1. 46 
These ,vere never pern1itted to exercise official func- 
tions, as but t\VO ,veeks elapsed bet\veen the close of 
the session and the arrival of Lane \vitb: the ne,v order 
of things. 


Note finally the effect of the gold discovery on 
in1nligration. California in 1849 of course offered 


45 The salary of the govE.rnor was nominally $300, but really nothing, as 
the condition of the treasury was such as to make ùrafts upon it worthless 
except in a few cases. Abernethy diù not receive his pay from the prodsional 
government, and as the territorial act diel not confirm the statutes passed by 
the seyeral 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 receh-ed his salary as 
governor of the Oregon colony by an appropriation of the Oregon legi::3lature 
Oct. 1872. The amount was $2,986,21, which congress was asked to make 
good to the state. 
46 A, L. Loyejoy was elected supreme judge in place of Columhia Lan- 
caster, appointell by the gOVf'nlOr in place of Thornton, who resign cd in 1847. 
'V. S. :Mattock was chosen circuit judge; Samuel Parker, prosecuting attor- 
ney; Theophilus :Magruder, secretary of the territory; 'V. K. Kilhorne, 
treasurer; 
John G. Campbell, auditor; \Y. H, Bennett, marshal, an(l A. Lee 
Lewis, superintendent of Indian affairs. 01'. Spectator, Feb. 22, iS4!). 



Q-1 EFFECT OF THE CALIFORYIA GOLD DISCOVERY. 


the great attraction. The four or five hundred \vho 
,vere not dazzled ,vith the visions of innnediate 
,vealth that beckoned south\vard the. groat arnlY of 
gold-seekers, but ,vho suffered ,vith thenl the conUllon 
disconJforts of the ,yay, ,vere glad to part campany 
at the place ,y here their roads divided on the ,vesterll 
slope of the Rocky l\Iountains. 
On the Oregon part of the road no particular dis- 
couragell1ent or distress befell the travellers until 
they reached The Dalles and began the passage of the 
nlountains or the river. As no emigration had ever 
passed over the last ninety rniles of their journey to 
the vVillanlette Valley ,vithout accident or loss, so 
these had their trials ,vith floods and mountain de- 
clivities,4ì arriving, ho,vever, in good tillle, after having 
been detained in the mountains by forest fires \vhich 
blocked the road ,vith fallen timber. This ,vas an- 
other fornl of the inevitable hardship ,vhich year 
after year fell upon travellers in some shape on this 
part of their journey. The fires 'v ere an evidence 
that the rains canle later than usual, and that the 
former trials froln this source of disco111fort were thus 
absent. 48 Such 'vas the general absorption of the 
public mind in other affairs that the imllligration re- 
ceived little notice. 
Before gold ,vas discovered it was land that dre,v 
men to the Pacific, land seen afar off through a rosy 
mist ,vhich made it seem nlany tilnes more valuable 
and beautiful than the prolific valleys of the n1Ïddle 
and \vestern states. And no,v, even before the dona- 
tion la\v had passed, the tide had turned, and gold \vas 
the nlagnet more potent than acres to attract. Ho\v 
far population ,vas diverted from the north-,vest, and 
to 'v bat extent California contributed to the develop- 


4i Gen. Smith in his r
port 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 :Mouutains. 
4,8 A long dry autumn in 1849 was followed by freshets in the '\Villamette 
Valley in Dec. and J an" which carried off between $40,000 and $30,000 worth 
of property. Or. Spectator, Jan. 10, 1850. 



ABSENCE OF THE I
TFERNO. 


65 


nlent of the resources of Oregon;9 the progress of this 
history \yill sho\v. Then, perhaps, after all it \vilJ be 
seen that the distance of Oregon fronl the Sierra 
Foothills proved at this tilne the greatest of blessings, 
being near enough for cOllllnercial comu1unication, and 
yet so far a\vay as to escape the nlore evil conse- 
quences attending the mad scranlble for \vealth, such 
as social dissolution, the rapine of intellect and prin- 
ciple, an overruling .spirit of gan1bling-a deliriuln of 
development, attended by robbery, nlurder, and all 
uncleanness, and follo,ved by reaction and death. 


.9 'Vhen J. Q, Thornton was in 'Vashington 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 dista.nce, mountains. In the upper compartment, a ship under full sail. 
The crest a beaver; the sinister supporter an Inùian with bow and arrow, 
and a mantle of skins over his shoulders; the dexter supporter an eagle 
with wings displayed; the motto-alis volet propriis-I fly with my own wing. 
Field of the lower compartment argent; of the upper Llue. 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. 01.. Gen. Laws, 1845-1864, p. 627. For fac-simile of seal 
see p. 487, this vol. 
Hl
T. OR., VOL. II. 5 



CHAPTER II!. 


LANE'S AD
IINISTRATION. 


1849-1850. 


IKDB.N AFFAIRS-TROUBLES IY COWLITZ VALLEy-FORT NISQUALLY AT- 
TACKED-ARRIVAL OF THE UNITED STATES SHIP 'MASSACHUSETTS'-A 

lILITARY POST ESTABLISHED NEAR NISQUALLy-THORNTON AS SUB- 
INDIAN AGE
T-l\IEETING OF THE LEGISLATIVE ASSEMBLy-MEASURES 
ADOPTED--J UDICIAL DISTRICTS-A TRAVELLING COURT OF J USTICE- 
THE 
IOUNTED RIFLE REGIMENT-EsTABLISHMENT OF :MILITARY POSTS 
AT FORT HALL, VANCOUVER, STEILACOO
I, AND THE DALLES-THE V AN- 
COUVER CLAIM-GENERAL PERSIFER F. SMITH-HIS DRUNKEN SOL- 
IJIERS-THE DALLES CLAIM-TRIAL AND EXECUTION OF THE '\VHITMAN 

1 URDERERS. 


GOVERNOR LANE lost no time in starting the political 
wheels of the territory. First a census U1ust be taken 
in order to 111ake the proper apportionlnent before or- 
dering an election; and this duty the marshal and his 
deputies quickly performed. 1 l\Iean\vhile the governor 
applied himself to that branch of his office \vhich n1ade 
hin1 superintendent of Indian affairs, the Indians 
then1selves-those that were' left of them-being 
prompt to remind hill1 of the 111any years they had 
been living on prolllises, and the crun1bs \vhich \vere 
dropped from the tables of their \vhite brothers. The 
result ,vas more prolllises, more fair ,vords, and further 
assurances of the intentions of the great chief of the 
Americans to\vard his naked and hungry red children. 
Nevertheless the superintendent did decide a case 


1 The census returns showed a total of 8,78.3 Americans of all agps and 
both sexes and 298 foreigners. From this enumeration may be gathered 
some idea of the great exodus to thc gold mines of Loth Americans and Brit- 
. ish subjects, Inùians and Hawaiians wcre not enumerated. IJonolulu Frie.nd, 
Oct. 1849, 51. 


(66 J 



PACIFICATIONS. 


67 


against 80n1C \vhite men of Linn City \vho had pos- 
sessed thenlsel yes of the site of a native fishing village 
on the \vest bank of the 'Villa111ctte near the falls, 
after nlaliciously setting fire to the \vretched habita- 
tions and consul1ling the poor stock of supplies 
contained therein. The Indians \vere restored to 
their original freehold, and quieted \vith a pronlise 
of indenlnification, \vhich, on the arrival of the first 
ten thousand dollar appropriation for the Indian ser- 
vice in April, \vas redeemed by a fe\v presents of sl1lall 
value, the Inoncy being required for other purposes, 
none having been for\varded for the use of the terri- 
tory.2 
In order to allay a gro\ving feeling of uneasiness 
among the. ren10ter settlernents, occasioned by the 
insolent den1eanor of the ICliketats, \vho frequently 
visited the vVillanlette and perpetrated nlinor offences, 
fronl denlanding a prepared nleal to stealing an ox or 
a horse, as the J\Iolallas 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 \vholTI at the sight of the ne\v \vhite 
chief professed unalterable friendship, thinking that 
no\v surely something besides \vords \vould be forth- 
c0111i ng. A fe\v trifling gifts were besto\ved. 3 Pres- 
ently a n1essenger arrived froin Puget Sound \vith 
infornlation of the killing of an Anlerican, Leander C. ' 
'Vallace, of Co\vlitz Valley, a.nd the ,vounding of t\VO 
others, by the Sl1oqualin1Îchs. It \vas said that they 
had concocted a plan for capturing Fort Nisqually 
by fOl1lenting a quarrel \vith a sn1all and inoffensive 
tribe living near the fort, and whon1 they clnployed 
s0111etimes as herdsmcn. They reckoned upon the conl- 
pany's interference, ,vhich ,vas to furnish the oppor- 
tunity. As they had expected, \vhen they began the 


2 Honolulu F1'ienrl, Oct. 1849, 58; Lane's Rept. in 31st Cono., Ed SC88., 
H. EJ:. Doc. 1, 1.36. 
S Lane says the amount expended on presents was about S
OO; and that he 
made peace between the 'ValIa 'Yallas and Yakimas who were about to go 
to war. 



68 


LAXE'S AD:\IIKISTRATIOY. 


affray, the Indians attacked run to the fort, and Tohnie, 
,vho ,vas in charge, ordered the gates opened to giYß 
theln refuge. At this 1110111ent, ,vhen the Srioquali- 
nlichs ,yere nlaking a dash to cro,vd into the fort on 
the pretence of follo,ving their enelnies, Wallace, 
Charles '\T ren, and a 
Ir Le,vis ,vere riding to\vard 
it, haying con1e from the Cowlitz to trade. On seeing 
their danger, they also made all haste to get inside, 
but ,vere a mOlllent too lato, '" hen, the gates being 
closed, the disappointed savages fired upon then1, as I 
have saicl, besides killing one of the friendly Indians 
,vho did not gain the shelter of the fort. 4 Thibault, 
a Canadian, then began firing on the assailants froln 
one of the bastions. The Indians finding they had 
failed retreated before the cOlnpany could attack thClll 
in full force. There ,vas no doubt that had the Sno- 
q ualilnichs succeeded in capturing the fort, they ,vould 
have rnassacred every \vhite person on the Sound. 
Finding that they had cOl1nnitted thenlselves, they 
sent ,yord to the American settlers, nUlllbering about 
a dozen families, that they ,vere at liberty to go out 
of the country, leaving their propert.y behind. But 
to this offer the settlers returned ans\ver that t.hey 
intended to stay, and if their property ,vas threatened 
should fight. Instead of fleeing, they built block 
houses at TUJTIwater and Co\vlitz prairie, to which 
they could retire in case of alarm, and sent a 111eS8en- 
gel" to the governor to inform hirn of their situation. 
There \vere then at Oregon City neither arn1ies nor 
organized courts. Lieutenant Ha,vkins and five rnen 


4 This is according to the account of the affair given by several authorities. 
See Tolmie in the Feb. 3d issue of Truth TelltJ", a small sheet published at 
Fort Steilacoom in 1838; also in Ilisi. PU[Jet Sound, :ThIS., 33-5. A writer in 
the Olympi.a Standard of Aprilll, 1868, says that'Vren had his back against 
the wall and was edging in, but was shut out by'Valter Ross, the clerk, 
who with one of the NisCJ.uallies 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 chiefs brother shot at and 
killed \Vallace. These statements, while not intentionally false, were colored 
hy rumor, and by the prejudice against the fur company, which had its origin 
with the first settlers of the Puget Sound region, as it had had ill the region 
south of the Columbia. See also Roúeris' RecollectioJls, 
IS., 3.3; Raúbison'8 
Growth of Towns, :MS., 17. 



TROUBLES AT NISQUALLY. 


GD 


,vho had not deserted constituted the n1ilitary force at 
Lane's conln}and. Acting \vith charactcl'i8tic prolnpt- 
ness, he set out at onco for Puget Sound, accon}panied 
by these, taking ,vith hilll a supply of arl11S and 
anll11unition, and leaving George L. Curry acting 8ec- 
retary by his appointlnent, Pritchett not yet haviu o ' 
arrived. At TUlll\Vater he \vas overtaken by an ex
 
press from Vancouver, notifying hin1 of the arrival 
of the propeller lJIassClch u::;etts, Captain \V ood, fi'Olll 
Boston, by ,va.y of Valparaiso and the Ha\vaiian 
Islands, having on board t\VO c0111panies of artillery 
under Brevet-
Iajor Hatha\vay, \vho sent Lane \vord 
that if he so desired, a part of his force should be 
1110ved at once to the Sound. 5 
Lane returned to the Colun1bia, at the saIne tilne 
despatching a letter to Toln1Ïe at Jj-'ort Nisqnally, re- 
questing hinl to inforul the hostile Indian8 that shoulll 
they con1n1it any further outrages they \vould be yis- 
ited \vith chastisenlent, for no\v he had fighting l11en 
enough to destroy thenl; also n1aking a reque
t that 
110 anll11unition should be furnished to the Indians. 6 
His plan, he" inforn1ed the secretary of ,val' after- 
,yard, ,vas, in the event of a l11ilitary post being 
established on the Sound, to secure the coöperatioll 
of l\Iajor Hatha\vay in arresting and punishing the 
Indians according to la\v for the lllurder of Al11erÎcall 
ci tizens. 
On reaching Vancouver, about the n1iddle of J nne, 
he found the JiassClchusetts ready to dcpart,7 and 
. IIatha\vay encanlped in the rear of the Hudson's Bay 
Conlpany's fort \vith one C0111pany of artillery, the 
other, under Captain B. H. Hill, Ìlaving been left at 
Astoria, quartered in the building8 erected by the 


. 


5 The transport .ll[a.
sacllll:";elts entered the Columbia 
Iay 7th, by the sail- 
ing directions of Captain Gclston, without difficulty. l/onolulu Friend, Kov. 
1, 1849. This was the first government \"esscl to get safely Ï11to the river. 
6 Llt1le'S Rept. to the Sec. JVar., inS1st C07l[I., 2d 8es8., 11. Ex. Doc. 1, ]37. 
7 The 
7JIassacltusett8 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. Iuyall"s RCllt.) in 31ðt 
COltY., :2d Bess., .11. Ex. Doc. 1, 284. 



70 


LANE'S AD
IINISTRATION. 


Sh(l}
k's cre\v in 1846. 8 It \vas soon arranged bet\veen 
IIatha\vay and Lane that HiH's con1pany should es- 
tablish a post near Nisqually, \v hen the Indians \vould 
Le called upon to surrender the Inurderer of "\Vallace. 
The troops \vere ren10ved frol11 Astoria about the n1id- 
dIe of July, proceeding by the English vessel Har- 
lJooncJ'" to NisquaHy. 


On the 13th of May the governor:s proclalnation 
,vas issued dividing the territory into judicial districts; 
the fir
t district, to \vhich Bryant, ,y ho arrived on the 
9th of April, ,vas assigned, consisting of Vancouver 
and several counties in11nediately south of the COlUlll- 
bia; the second, consisting of the ren1aining counties 
in the 'Villamette Valley, to \vhich Pratt ,vas assigned; 
and the third the county of Le\vis, or all the country 
north of the Colun1bia and \vest of Vancouver county, 
including the Puget Sound territory, for \vhich there 
,vas no judge then appointed. 9 The June election 
gave Oregon a bona fide delegate to congress, chosen 
by the people, of \vhon1 \ve shall kno\v 1110re presently. 
'Vhen the governor reached his capital he found 
that several comn1issions, which had been intended to 
overtake hinl at St Louis or Leaven\vorth, but which 
failed, had been forwarded by Lieutenant Beale to 
California, and thence to Oregon City. These related 
to the Indian departlnent, appointing as sub-Indian 
agents J. Q. Thornton, George C. Preston, and 
Robert .N e\vell/ o the Abernethy delegate being re- 
,yarded at last \vith this unjudicial office by a relenting. 
president. As Preston did not arrive with his conl- 
n1Ïssion, the territory was divided into ;t\VO districts, 


8 The whole force consisted of lü"1 rank and file. They wcre companies L 
and 1\1 of the 1st regiment of U. S. artillery, and o:fficered as follows: :Thlajor 
J. S, Hathaway commanding; Captain B, II. Hill, commanding company l\I; 
]st lieut., J. B. Gibson, 1st lieut" T. Talbot, 2d lieut", G. Tallmadge, com- 
pany 1\1; 2d lieut., J. Dement, company L; 2d lieut., J. J. 'Yooùs, quarter- 
master and commissary; 2d lieut., J. B. Fry, adjutant. Honolulu Polynesian, 
April 14, 1849, 
9 Evans, in New Tacoma L(>dger, July 9, 1880. 
lOAm,erican Almanac, 1830, 108-9; Or. Spectator, Oct. 4, 1849. 



TERRITORIAL LEGISLATURE. 


71 


and Thornton assigned by the governor to the north 
of the Columbia, \vhile N e\vell \vas giyen the country 
south of the river as his district. This arrangell1ent. 
sent Thornton to t,he disaffected region of Puget 
Sound. On the 30th of July he proceeded to Nis- 
qually, \vhere he "Tas absent for several ,veeks, ob- 
taining the information which \vas enlbodied in the 
report of the superintendent, concerning the nUlllbers 
and dispositions of the different tribes, furnished to 
hÜn by Toln1ie. 11 While on this mission, during 
,yhich he visited some of the Indians and made thein 
sinall presents, he conceived it his duty to offer a 
re\vard for the apprehension of the principal actors 
in the affair at Nisqually, nearly equal to the al110unt 
paid by Ogden for the ransom of all the captives 
after the W-aiilatpu massacre, amounting to nearly 
five hundred dollars. This assulllption of authority 
roused the ire of the governor, ,vho probably ex- 
pressed hilllself some\vhat strongly, for Thornton re- 
signed, and as N e\vell shortly after \vent to the gold 
1l1ines the business of conciliating and punishing the 
Indians again devolved upon the governor. 


On the 16th of July the first territorial legislative 
asselnbly nlet at Oregon City. According to the act 
establishing the governll1ent, the legislature ,vas 
organized \vith nine councilmen, of three classes, 
\vhose terms should expire \vith the first, second, and 
third years respectively; and eighteen n1elnbers of 
the house of representatives, ,vho should serve for one 
year; the law, ho\vever, providing for an increase in 
the nunlber of representatives froin tilHe to tinle, in 
proportion to the number of' qualified voters, until the 
111axinlum of thirty should be reached. 12 After the 


1131.'?t Cong., 2d Sess., II. Ex. Doc. I, 161. 
12 The names of the councilmen were: 'V. U. Buck, of Clackamas; 'Vilson 
Blain, of Tualatin; 
amuel Parker and \Vesley Shannon, of Champoeg; J. 
Graves, of Yamhill; 'V. B. 
Iea.ley, of Linn; :Kathaniel Ford, of Polk; Non'is 
Humphrey, of Benton; S. T. 
lcKean, of Clatsop, Lewis, and VanC011\ g er COUll- 
ties. The members of the house elected were: A. L. Lovejoy, 'V. D. Holman, 


. 




" 
;- 


LANE'S AD
IINISTRATION. 


usual congratulations Lane, in his message to the 
legislature, alluded briefly to the Cayuses, \v ho, he 
promised, should be brought to justice as soon as the 
rifle regiulent then on its \vay should arrive. Con- 
gress \vould probablJ appropriate money to pay the 
debi, 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 \vants of the territory 
\vere 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 la\vs, declared by the organic act to be opera- 
tive in the territory;13 to education and COmlTIOn 
schools; to the organization of the militia; to election 
nlatters 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, \vith other matters appertaining to 
governlnent. He left the question of the seat of gov- 
ernment to their choice, to decide \vhether it should 
be fixed by then1 or at some future session. He re- 
ferred with pleasure to the return of many absentees 
fronl the mines, and hoped they \vould resume the 
cultivation of their farIns, \vhich from lying idle 
\vould give the country only a short crop, though 
there was still enough for home consumption. 14 He 


and G. \Valling, of Clackamas; D. Hill and "\V. 'V. Eng, of Tualatin; ""V. 
,Yo Chapman, 'V. S. :Matlock, and John Grim, of Champoeg; A. J. Hem- 
bree, R. KillJ}ey, and J. B. \Valling, of Yamhill; Jacob Conser and J. S. 
Dunlap, of Linn; H. N. V. Holmes and S. Burch, of Polk; J. :Mulkeyand 
G. B. 
mith, of Benton; and 
I. T. Simmons from Clatsop, Lewis, and Van- 
couver counties. //onolulu Friend, Nov. I, 1849; Ame7 0 ican Almanac, 1849,312. 
The presiùent 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 the house, A. L. Lovejoy; chief clerk, 'Villiam Porter; assistant 
clerk, E, Gendis; sergeant-at-arms, 'Villiam 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. 
Iessage in Or. Bpecta(m', Oct. 4, 184U; 311:3t Cong., 1st 
Bess., 8. Doc. 52, xiii. 7-12; 1'ribune Almanac, 18.30-51. 
Ii Patent Office Rept., 1849, ii. 511-12. 



ACTS AND :ME
10RIAL. 


73 


predicted that the great n1igration to California ,,
ould 
benefit Oregon, as many of the gold-seekers \vould rc- 
lIlain on the Pacific coast, and look for hon1es in the 
fertile and lovely valleys of the new territory. And 
last, but by no IIleans least in ilnportance, \vas the 
reference to the expected donation of land for \y hich 
the people were \vaiting, and all the n10re anxiously 
that there ,vas much doubt entertained of the tenure 
by \vhich their clairDs \vere no\v held, since the only 
part of the old organic la\v repealed \vas that \v hich 
granted a title to lands. I5 He ad vised them to call 
the attention of congress to this subject \vithout 
delay. In short, if Lane had been a pioneer of 1843 
he could not have touched upon all the topics nearest 
the public heart lIlore successfully. Hence his ir111ne- 
diate popularity was assured, and \vhatever he 11light 
propose ,vas 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 \vorl\:. A memorial to congress 
occupied it two weeks; still, the assenlbly closed its 
labors in seventy-six days,16 having enacted \vhat the 
Spectato1'1 described as a "fair and respectable code Qf 
la\vs," and adopted one hundred acts of the Io\va stat- 
utes. The n1emorial set forth the loyalty of the peo- 
ple, and the natural advantages of the country, not 
forgetting the oft-repeated request that congress, 
\vould grant six hundred and forty acres of land to 
each actual settler, including \vido\vs and orphans; 
and that the donations should be made to conform to 
the clain1s and inlprovements of the settlers; but if 
congress decided to have the lands surveyed, and to 
make grants by subdivisions, that the settler 11light be 
pern1itted to take his land in subdivisions as lo\v as 
t\venty acres, so as to include his in1provements, \vith- 
out regard to section or to\vnship lines. The govern- 


15 Or. Gen. Laws, 1843-9, 60. 
16 The final adjournment was on the 20th of September, a rccess having 
beên taken to attend to gathering the ripcncd "heat in August, there being 
no other hanùs to employ in this laLor. Deady's IIÙst. Or., :àlS.) 3-5. 



74 


LANE'S ADl\1I
ISTRATION. 


ment ,vas relninded that such a grant had been long 
expected; that, indeed, congress ,vas responsible for 
the expectation, ,vhich had caused the ren10val to 
Oregon of so large a nUlnber of people at a great cost 
to themselves; that they ,vere happy to have effected 
by such en1igration the objects which the governn1ent 
had in vie,v, and to have been prospectively the pro- 
llloters of the happiness of ll1Ïllions yet unborn, and 
that a section-of land to each "\vould no lnore than pay 
them for their: trouble. The Inen10rial asked payment 
for the cost of the Cayuse ,val", and also for an appro- 
priation of ten thousand doBars to pay the debt of 
the late governnlent, ,vhich, adopted as a necessity, 
and ,veak and inefficient as it had been, still sufficed to 
regulate society and promote the gro,vth of 'v hole- 
sonle institutions. 17 A further appropriation of t,venty 
thousand dollars ,vas asked for the erection of public 
buildings at the seat of government suitable for the 
transaction of the public business, which "vas no nlore 
than had been appropriated to the other territories 
f()r the same purpose." A sum sufficient for the erec- 
tion of a penitentiary ,vas also ,vanted, and declared 
to be as much in the interest of the United States 
as of the territory of Oregon. 
'Vith regard to the school lands, sections sixteen 
and thirty-six, ,vhich "\vould fall upon the claims of 
some settlers, it 'vas earnestly recomn1ended that 
congress should pass a la,v authorizing the to,vnship 
authorities, if the settlers so disturbed should desire, 
to select other lands in their places. At the same 
time congress ,vas relninded that under the distribu- 
tion act, five hundred thousand acres of land ,vere 
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. 
lany 
were never presented. 



JUDICIAL DISTRICTS. 


75 


surveys being rnade, and also that a Ia "'" be passed 
authorizing the appropriation of said lands to the 
EU pport of the COlnn1on schools. 
A lnilitary road fron1 some point on the COIUll1bia 
belo,v the cascades to Puget Sound ,vas asked for; 
also one fronl the sound to a point on the Columbia, 
noar vValla "T alIa ;18 also one frolTI The Dalles to the 
'V illaluette Valley; also that explorations be rnade 
for a road fron1 Bear River to the HUlnboldt, crossing 
the Blue J\Iountains north of Klan1ath Lake, and · 
entering the Willan1ette Valley near l\fount Jefferson 
and the Santialn River. Other territorial and post 
roads ,vere asked for, and an appropriation to lnake 
ill1proven1ents at the falls of the Willamette. The 
usual official robbery under form of the extinguish- 
n1ent of the Indian title, and their ren10val from the 
neighborhood of the \vhite settlements, was unblush- 
ingly urged. The propriety of lnaking letters to 
Oregon subject to the same postage as letters ,vithin 
the States ,vas suggested. Attention ,vas called to 
the difficulties bet\veen Anlerican citizens and tho 
Puget Sound Agricultural Company ,vith regard to 
the extent of the cOlllpany's clailn, ,vhich ,vas a large 
tract of country enclosed ,vithin undefined and hnagi- 
nary lines. They denied the right of citizens of the 
United States to locate on said lands, ,vhile the people 
contended that the company had no right to any 
lanùs except such as they actually occupied at the 
tiule of the Oregon treaty of 1846. The governn1cnt 
,vas requesteù to purchase the lands rightfully held 
by treaty in order to put an end to disputes. The 
l1H
nl0rial closed by coolly asking for a railroad and 
telegraph to tho Pacific, though there 'v ore not people 
enough in all Oregon to 111ake a good-sized country 
to,vn. 19 
This document framed, the business of laying out 


18 Pierre C. Pambrun and Cornelius Rogers explored the Nisqually Pass as 
early as 1839, going from Fort 'Valla 'Valla to Fort Nisqually by that route. 
Or. ."ipectator, .May 13, 1847. 
19 Ore[Jon .Archives, 
IS., 176-186; 31st C07l[J., 2cl Sess., Sen. .lJIis. Doc. 5, 6. 



76 


LANE'S ADl\1INISTRATION. 


the judicial districts \vas attended to. Having first 
changed the names of several counties,20 it \vas decreed 
that the first judicial district should consist of Clack- 
aTHas, 
Iarion, and Linn; the second district of Ben- 
ton, Polk, Yamhill, and vVashington; and the "third of 
Clarke, Clatsop, and Lewis. The time for holding 
court ,vas also fixed. 21 
'Vbile a,vating. a donation law an act ,vas passed 
declaring the late land la\v in force, and that any per- 
son ,vho had complied or should thereafter cOIn ply 
,vith its provisions should be deemed in possession to 
every part of the land ,vithin his recorded boundary, 
not exceeding six hundred and forty acres. But the 
saIne act provided that no foreigner should be en- 
titled to the benefits of the la\v, who should not 
have, ,vithin six lTIonths 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- 
forin to the territorial act, declaring that none but 
,vhite 111ale citizens of the United States, over eigh- 
teen years of age, should be entitled to take clainls 
under the act revived. The privilege of holding 
claims during absence fronl the territory by paying 
fi ve dollars annually ,vas repealed; but it ,vas declared 
not necessary to reside upon the land, if the claiu1ant 
continued to ilTIprOVe it, provided the claimant should 
not be absent more than six 111onths. It \vas also de- 


20 The first territorial legislature changed the name of Champoeg county to 

Iarion; of Tualatin to "\Vasbington, 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 
lon- 
day in J\Iay and November, Governor Lane prevailed upon the legislature to 
attach 'the county of Lewis to the first judicial district which "\-vas to hold 
its first session on the first 
Ionday in Septemher, aud to appoint the first 
:Monday in October for hoMing thc <.listrict court at Steilacoom in the county 
of Lewis. This change was madc in order to bring the trial of the Slloqua- 
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. ' 
IIunolulu Friend, Oct. 1, 184f)' There was a doubt in the mind of Judge 
Bryant whether Hawaiians could becomc naturalized, the law of congress being 
explicit as to negroes and In<.lians, but 110t mentioning Sandwich Islan<.lers. 



SCHOOL LA'V. 


77 


clared that land claims should descend to heirs at la,v 
as personal property. 
"",-
n act ,vas passed at this session ,vhich Inade it 
unla\vful for any negro or mulatto to come into or 
reside in the territory; that Blasters of vessels bring- 
ing therll should be held responsible for their conduct, 
and they should not be perlnitted to leave the port. 
,,,,here the vessel \vas lying except ,yith the consent 
of the Illaster of the vessel, ,vho should cause theln 
to depart with the vessel that brought thenl, or some 
other, \vithin forty days after the tilHe of their ar- 
ri val. l\Iasters or o\vners of vessels failing to observe 
this la\v ,vere made subject to fine not less than five 
hundred dollars, and in1prisonment. If a negro or 
luulatto should be found in the territory, it becall1e 
the duty of any judge to' issue a ,varrant for his 
arrest, and cause his removal; and if the same negro 
or ll1ulatto ,vere t\vice found in the territory, he should 
be fined and imprisoned at the discretion of the court. 
This hnv, ho,vever, did not apply to the negroes already 
in the territory. The act ,vas ordered published in the 
ne\vspapers of California. 23 
The next most interesting action of the legislative 
assernbly \vas the enactment of a schoolla\v., \vhich 
provided for the establishment of a perlnanent irre- 
ducible fund, the interest on \vhich should be divided 
annually among the districts; but as the schoollandfj 
could not be Inade ilnmediately available, a tax of tl\'"O 
n1Ïlls \yas levied for the support of COll11110n schools in 
the iutcrinl. The act in its soveral chapters created 
the offices of school cOllln1Ïssioner and directors for each 
county and defined their duties; a180 the duties of 
teachers. The eighth chapter relating to the po\vers 
of district llleetings provided that until the counties 
,yere districted t.he people in any neighborhood, on 
ten days' notice, given by any t\VO legal voters, nlight 
call a Ineeting and organize a district; and the district 


23 0,'. Statutes, 1850-51, 181-2, 246-7; Dix. Speeches, i. 309-45, 372, 377-8. 



78 


LANE'S AD
IINISTR
t\.TION. 


nleeting nlight 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 bet\veen the ages of four and t\venty-one years 
\vere entitled to the benefits of public education. 24 
I t is unnecessary to the purposes of this history to 
follo,v the legislature of the first territorial assen} bly 
further. No nloney having been received 25 for the 
payment of the legislators or the printing of the la\vs, 
the legislators Inagnanimously \vaived their right to 
take the remaining thirty days allo,ved them, and thus 
left some work for the next assembly to do. 26 
On the 21st of September the assenlbly ,vas noti- 
fied, by a special nlessage fronl 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 adnlirers of 
Polk's administration and political principles \vcre all 
the more earnest to do hinl honor that his successor 


24 Says Buck in his Entprprises, :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. F. C. Beatty taught the first (common) school at Oregon City in 
1850.' Besides chartering the Tualatin Academy and Pacific University, a 
charter was granted to the Clackamas County Female Seminary, with G. 
Abernethy, A. L. Lovejoy, James Taylor, HiraIn Clark, G. H. Atkinson, 
Hezekiah Johnson, and "\Vilson Blain as tnlstees. 
25 Lane'.'J Rept. in 31st Cony., 2d 8('88., [I. Ex. Doc., i. 
26 One of the members tells us something about the legislators: '1 haye 
heard some people say that the first legislature was better than anyone we 
havc 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 IlO such men ill it as go to 
the legislature now.' Buck's EnterlJrise8, 1\lS., II. 'The only ùifference 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.' 01". 
Spectator, Oct. 18, 1849. 



ACCOßI
IODATION COURT. 


79 


in office ,vas a ,vhig, ,vith ,vhose appointments they 
,vere predetermined not to be pleased. The officers 
elected by the legislature ,yere: A. A. Skinner, C0111- 
n1issioner to settle the Cayuse ,val' debt; Bernard 
Genoise, territorial auditor; J an1es Taylor, treasurer; 
\V m. T. l\fatlock, librarian; James J\IcBride, superin- 
tendent of schools; C. J\f. Walker, prosecuting attor- 
ney first judicial district; David Stone, prosecuting 
attorney second judicial district; Wilson Blain, public 
printer; A. L. Lovejoy and \V. W. Buck, con1lnission- 
ers to let the printing of the la,vs and journals. Other 
offices being still vacant, an act \vas passed providing 
for a special election to be held in each of the several 
counties on the third l\londay 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 
po\ver, congress having reserved this right, there ,vas 
nothing for him to do at Oregon City; and being 
accustomed of late to the stir and incident of n1ilitary 
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 then1 to 
give up the \Vaiilatpu murderers. 27 The legislative 
assembly having in the mean time passed a 
pecial 
act to enable him to bring to trial the Snoqualilnichs, 
and Thornton's munificent offer of re\vard having 
prompted the avaricious savages to give up to Captain 
Hill at Steilacoom certain of their nun1ber to be dealt 
,vith according to the white nlan's la\v, Lane had the 
satisfaction of seeing, about the last of Septen1ber, 
the first district court, marshal and jurYlnen, grand 
and petit, on the ,yay to Puget Sound,28 where the 


27 Lane'8 A
ttobiography, MS., 55; 31st Cony., 1st Bess., Sen. Doc. 47, viii. 
pt. Hi. 112. 
28 There was a good deal of feeling on tbe 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 


L

E'S AD:\IINISTRATION. 


American population ,vas still so small that travelling 
courts ,yore obliged to bring their o\vn juries. 
Judge Bryant provided for the decent administra- 
tion of justice by the appointnlent of A. A. Skinner, 
district attorney, for the prosecution, and David Stone 
for the defence. The 'v hole company proceeded by 
canoes and horses to Steilacooln carrying ,vith them 
their provisions and camping utensils. Several Indians 
had been arrested, but t\VO only, Quallawort, brother of 
Patkanim, head chief of the Snoqual
michs, and I{as- 
sas, another Snoqualimich chief, ,vere found guilty. 
On the day follo,ving their conviction they ,vere 
hanged in the presence of the troops and many of 
their o\vn and other tribes, Bryant expressing himself 
satisfied \vith the finding of the jury, and also \vith 
the opinion that the attacking party of Snoqualinlichs 
had designed to take Fort Nisqually, in \vhich attelnpt, 
had they succeeded, many lives ,vould have been lost. 29 
The cost of this trial ,vas $1,899.54, besides eighty 
blankets, the promised re\vard for the arrest and de- 
livery of the guilty parties, \vhich amolI:nted to $480 
more. l\Iany of the jurymen were obliged to travel 
t,vo hundred miles, and the attorneys also, each of 
'v horn received two hundred and fifty dollars for his 
services. Notwithstanding this expensive lesson the 
same savages n1ade away in some Inysterious Inanner 
with one of the artillerYlnen from Fort Steilacoom the 
following winter. 3o 


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 haye escaped 
the lips of Dr :l\1cLoughlin 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 amI life. Could the Hudson's Bay Company have changed 
places with the settlers they might have changed feelings too. 
29 Bryant's Rept. to Gov. Lane in 31st Cong., 2d Sess., H. Ex. Doc.., i. 
166-7; Hayes'Scraps, 22; Or. Spectator, Oct. 18, 1849. 
80 Tolmie's PU[}et SOU1ul, MS., 36. 



THE :\IOUNTED RIFLE REGI)IENT. 


81 


The arrest of the Cayuse n1urderers could not pro- 
ceed until the arrival of the mounted rifle rcgilllont 
then en route, under the con1111and of Brevet-èolonel 
"T. 'V. Loring. 31 This regiluent ,vhich ,yas provided 
expressly for service in Oregon and to garrison posts 
upon tho cn1Ïgrant road, by authority of a congressional 
act passed :\lay 19, 1846, ,vas not raised till the spring 
of 1847, and ,vas then ordered to l\Iexico, although 
the secretary of ,val" in his instructions to the gov- 
ernor of ::\lissouri, in ,vhich state the regin1ent ,vas 
forll1cd, had said that a part if not the \vhole of it 
,vo111d be elnployed in establishing posts on the route 
to Oregon. 3 ! Its nUll1bers being greatly reduced dur- 
ing the l\Iexican canlpaign, it ,vas recruited at Fort 
Leaven,vorth, and at length set out upon its nutrch to 
the Colu111bia in the spring of 1849. On the loth of 
1Iay the regilllent left ]-'ort Leaven,vorth ,vith about 
600 111e11 , thirty-one connnissioned officers, several 
WOIHen and children, the usual train agents, guides, 
and teamsters, 160 ,vagons, 1,200 Inules, 700 horses, 
and subsistence for the 111arch to the Pacific. 33 
Two posts ,vere established on the ,vay, one at Fort 


81 The command was first given to Frémont, who resigned. 
32 See letter of 'Y. L. :Marcy, secretary of war, in Or. Spectator, Nov. 11, 
1847. 
33 The officers were Bvt. Lieut. Co!. A. Porter, Co!. Benj, S. Roherts, Bvt. 
:Major C. F. Ruff, :Major George B. Crittenden, B\Tt. :l\Iajor J. S. Simonson, _ 
B,rt. 
lajor S. S. Tucker, Bvt. Lieut. Co!. J. B. llackenstos, Bvt. 
Iajor 
Kearney, Captains:\1. E. V.3,11 Buren, Gcorge )'lcLane, 1, oah K ewton, Llewellyn 
Jones, ll'Tt. Captain J. P. Hatch, R. Ajt., Bvt. Captains Thos. Claiborne Jr" 
Uordon Granger, James 
tuart, and 1'hos. G. Rhett; 1st Lieuts Charles L. 
Denman, A. J. Lindsay, Julian :I\1ay, F. 
. K. Russell; 2(1 Li
uts D. ::
\I. Frost, 
R. Q. 
I., I. N. Palmer, J. ,l\lcL. Addison, \Y. B. Lane, \V. E. Jones, George 
\V. Howland, C. E. Eryine; surgeons I. 
Ioses, Charles H, Smith, and \Y. F. 
Edgar. The followillg Wf:;re persons travelling with the regiment in various 
capacities: George GiLbs, deputy collector at Astoria; Alden H. Steele, who 
settled in Oregon City, -O;-.There he practised meJicine till 1863, when he became a 
surgeon in the army, finally settling at Olympia in 18G8, where in 1878 I met 
him, and he furnished a brief but pithy account in manuscript of the march 
of the Oregon 
lounted Rifle Regiment; \V. Frost, Prew, \Vilcox, Leach, 
Bishop, Kitchen, Dudley, and Raymond. Present also was J. D. Haines, a 
native of Xenia, Ohio, born in 1828, After a residence ill Portla.lld, and 
removal to Jack8onville, he was elected to the house of representatives from 
Jackson county in 18G2, 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. Uff. Rey., 1849, IGO, IG7. 
HIBT. OR,. VOL. II. 6 



82 


LAKE'S ADl\1I
ISTRATION. 


Laramie, ",
ith t\VO companies, under Colonel Benja- 
min Roberts; and another at Cantonment Loring, 
three miles above Fort Hal1,34 on Snake River, ,vith 
an equal nU111ber of men under l\Iajor SilI10nSOn, 
the conlmand being transferred soon after to Colonel 
Porter. 35 The report Inade by the quarterluastor is 
an account of disco111forts froIH rains \v hich lasted to 
the Rocky l\Iountains; of a great migration to the 
California gold mines 36 ,vhere large nUlnbers died of 
cholera, \vhich dread disease invaded the n1ilitary 
camps also to 
ome extent; of the ahllost entire ,vorth- 
lessness of the teamsters and men engaged at Fort 
Leaven\vorth, ,vho had no kno,yledge of their duties, 
and 'v ere anxious only to reach California; of the 
loss by death and desertion of seventy of the late re- 
cruits to the reginlent ;37 and of the loss of property and 
life in no ,yay different from the usual experience of 
the annual enligrations. 39 
It ,vas designed to meet the rifle regiment at Fort 
Hal], ,vith a supply train, under Lieutenant G. 'V. 
Ha\vkins \vho \vas ordered to that post,S!) but Ha,vkins 


3-1 Cantonment Loring was soon abandoned, being too far from a base of 
SUPIJlies, and forage being scarce in the neighborhood. Brackett's Caval7'Y, 
12ü-7; 31.<;t Cong., 1st .'Jess., II. Ex. Doc. 5, pt. i. 182, 183-6, 188. 
3;) Steele says that Simonson was arrested for some dereJiction of duty, and 
came to Vancouver in this situation; also that l\Iajor Crittenden was arrested 
on the way for drunkenness, Rifle Regiment, 1\18., 2. 
36 )lajor Cross computed the overland emigration to the Pacific coast at 
33,000; 20,000 of whom traNelled the route by the Platte with 50,000 cattle. 
31st Cong., 2d Bess" If. Ex. Doc. 1, 149. 
31 Or. Spectator, Oct. 18, 1849; TVeed's Queen Charlotte Island Exped., 
:MS., 4. 
380n reaching The Dalles, the means of transportation to Vancouv"er was 
found to be '3 :\1ackinaw boats, 1 yawl, 4 canoes, and 1 whale-hoat.' A raft 
was constructed to carry 4 or 5 tons, and loacleù with goods chiefly private, 
8 men bcing placed on board to manage the craft. They attemptell to run 
the cascades and six of them were drowneù. Or. Spectator, Oct. 18, 1849. A 
part of the command with wagons, teams, and riding horses crossed the Cas- 
cade l\Iountains by the :\1ount Hood road, losing' nearly two thirds' of the 
broken-down horses on the way. The loss on the journey amounted to 4.3 
wagons, 1 ambulance, 30 horses, and 293 mules. 
39 Applegate'/:! J'"iews, 1\18., 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 
I-Iall, where another government train was encountered escorting the customs 
officer of California, Gen. 'Vilson and family, to Sacramento. The grass 
ha\>ing been eaten along the Humboldt route by the cattle of the immigration, 




IILITARY POSTS. 


83 


missed Loring's command, he having already left Fort 
Hall ,vhen Ha,vkins arrived. As the supplies ,vere 
needed by the companies at the ne\v post they \vere 
left there, in consequence of which those destined to 
Oregon ,vere in \vant of certain articles, and luany of 
the ITIen ,yere barefoot and unable to ,valk, as their 
horses ,vere too weak to carry them ,vhen they ar- 
rived at The Dalles. 
On reaching their destination, and finding no accon1- 
Inodations at Fort Vancouver, the regiu1ent ,vas quar- 
tered in Oregon City, at a great expense, and to the 
disturbance of the peace and order of that Inoral and 
te111perate cOlnmunity; the material froll1 'v hich conl- 
panies had been recruited being below the usual stan- 
dard of enlisted men.4:0 


The history of the establishment of the Oregon 
military posts is not ,vithout interest. Under orders 
to take c0111n1and of the Pacific division, General Per- 
sifer F. Smith left Baltiulore the 24th of N oven1ber, 
and New Orleans on the 18th of Decenlber 1848, pro- 
ceeding by the isthmus of Panan1á, and arriving on 
the 23<1 of February folJo\ving at 
Ionterey, ,v here 
,vas Colonel 
Iason's head-quarters. Sn1Ïth relllained 
in California arranging the distribution of posts, and 
the affairs of the division generally. 
In 
fay Captain Rufus Ingalls, assistant quarter-'. 
n1aster, ,vas directed by l\Iajor H. D. Vinton, chief 


Palmer was engaged to conduct this company by the new route from Pit 
Ri,.er, 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 limh wa
 amputated by 
two surgeons of an emigrant company. This incident detained Palmer in the 
mountains several weeks at a cabin supposed to ha\Te been built by some of 
Lassen's party the year before. A son of Gen. 'Vilson 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 
,vent home to Oregon by sea. The unlucky invalid, long familiarly known as 
'one-armed Brown,' has for many years resided in Oregon, and has l,ecn con- 
nected with the Indian department and other branches of the public service. 
Palmer's JVagon 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 Reyiment, MS., 7. 



84 


LANE'S AD)IINISTRATION. 


of the quarterlllaster's departnlent of the Paeific divis- 
ion, to proceed to Oregon and n1a.ke preparations for 
the establishl11ent of posts in that territory. Taking 
passage on the U niteJ States transport Llnita, Cap- 
tain Iugalls arrived at Vancouver soon after IIatha- 
,yay landed the artilJeyrnen and stores at that place. 
The Anita ,vas follo\ved by the TTTallJole ,yith t\VO 
Jears' supplies; but the vessel having been chartered 
for Astoria only, a.nd the stores landed at that place, 
a difficulty arose as to the Ineans of renloving then1 
to Vancouver, the transfer being accornplished at 
great labor and expense in snlall river craft. When 
the quatermaster began to look about for Inaterial 
and n1en to construct barraeks for the troops already 
in the territory and those expected overland in the 
autun1n, he found hill1self at a loss. 1Iechanics and 
laboring n1en \vere not to be found in Oregon, and 
Captain Ingalls enlP]oyecl soldiers, paying then1 a 
dollar a day extra to prepare tinlber froll1 the ,voods 
and raft lUll1ber from the fur-colnpa.ny's 111ill to build 
quarters. But even ,vith the assistance of Chief 

Factor Ogden in procuring for hill1 Indian labor, and 
placing at his disposal horses, bateaux, and sloops, at 
1110derate charges, he \vas able to l11ake but slo,v 
prcgress. 41 Of the buildings occupied by the artillery 
t\VO belonged to the fur con1pany, having received 
alterations to adapt then1 to the purposes of bar- 
racks and n1ess-rooms, ,vhile a fe\v sll1all tenelnents 
also o\yned by the con1pany42 \vere hired for offices 
and for servants of the quarter-lnaster's departll1ent. 
It ,vas undoubtedly believed at this tilHe by both 


n Vinton, in 31.r;l Cong., 2d Bess., S. Doc. 1, pt. ii. 263. Congress passed 
in September 1830 an act appropriating $323,834 to meet the unexpected 
outlay occasioned by the rise in prices of labor and army subsistence in 
California and Oregon, as well as extra l)ay demanded by military officers. 
See U. S. A Ct8 and Rcs., ] 830, 1:!:!-3. 
42 In the testimony taken in the settlement of the Hudson's Bay Com- 
pany's claims, page 1
6, U. S. Ev., II. B. Co. Ulrtims, Gray deposed that the 
u. 
. troops did not occupy the buildings of the company but remainéll in 
camp until they had {'rected buildings for their own use. This is a misstate- 
mpnt, as the reports of the quarter-masters Vinton and Ingalls show, in 31::;t 
Cony., 2d Se::ss., S. Doc. 1., pt. ii. 123, 28.3. 



V ANCO'GVER AND STEILACOO
r. 


85 


the Hudson's Bay COlnpay and the officers of the 
U llited States in Oregon, that the governn1ent \vould 
soon purchase the possessory right of the cOlnpany, 
,vhich ""as a reason, in addition to the eligibility of 
the situation, for beginning an establishnlcllt at Van- 
couver. This vie,v ,vas entertained by both Vinto1l 43 
and Ogden. There being at that tilne no title to land 
in any part of the country except the possessory title 
of the fur company under the treaty of 1846, and the 
lllission lands under the territorial act, Vallcouver 
"
as in a safer condition, it lnight be thought, ,vith 
regard to rights, than any other point; rights ,yhich 
IIatha\vay respected by leasing the cOlnpany's lands 
for a nlilitary establishll1ent, \vhile the subject of 
purchase by the United States governlnent ,,,,as in 
abeyance. And Ogden, by inviting hiln to take pos- 
session of the lands claill1ed by the company, not in- 
closed, may have believed this the better nlanner of 
preventing the encroacl1l11ents of squatters. At all 
events, lnatters proceeded an1icabl.r bet\\Teen Hatha- 
,yay and Ogden during the residence of the forlHer at 
Vancouver. 
The san1e state of tenancJ existed at Fort Steila- 
coon1 \v here Captain Hill established hill1self Augu::;t 
27th, on the clainl of the Puget Sound Agricultural 
Compåny, at a place formerly occupied by a farlner 
or herdsman of the C0111pany nalned Heath. 44 Toln1Íe 
pointed out this location, perhaps with the sanle vie\ys 
entertained by Ogden, being 1110re \villing to deal \vith 
the officers of the goverUlnent than ,vith squatters. 
On the 28th of Septell1bcr General Slllith arrived 
in Oregon, acco111panied by Vinton, ,vith the purpose 
of examining the country ,vith reference to the loca- 
tion of lnilitary posts; Theodore Talbot being ordercd 
to exan1Íne the coast south of the ColuluLia, looking 


43 Vinton said in his report: 'It is peculiarly desirable that we should be- 
come owners of their property a.t :Fort Vancouver.' 31st COllY., J(l f)css., S. 
Doc. 1, pt, ii. 263. 
H 8ylvester',ç Ulympia, I\IS., 20; .Jlorse's Notes on llist. and Resources, 
1Vash. T(r., :MS., i. 109; Ulympia JVash. Standard, April 11, 1868. 



86 


LAKE'S AD
1INISTRATION. 


for harbors and suitable places for light-houses and 
defences. 45 The result of these examinations ,vas the 
approval of the selections of Vancouver and Steila- 
coom. Of the "acquisition of the rights and prop- 
erty reserved, and guaranteed by the terIl1S of the 
treaty," Smith spoke with the utmost respect for the 
claiIBs of the companies, saying they were specially 
confirined by the treaty, and that the public interest de- 
111anded that the governn1ent should purchase thelll; 46 
a sentilllent ,v hich the reader is a wa.re ,vas not in 
accord ,vith the ideas of a large class in Oregon. 
I t had been contelnplated establishing a post on 
the upper Willaillette for the protection of companies 
travelling to California, but the danger that every 
soldier ,,,"ould desert, if placed directly on the road to 
the gold nlines, caused SIIlith to abandon that idea. 
He nlade arrangements, instead, for Hatha,vay's com- 
lnand to remove to Astoria as early in the spring as 
the ll1en could work in the forest, cutting tin} ber for 
the erection of the required buildings, and for station- 
ing the riflemen at Vancouver and The Dalles, as ,veIl 
as recollln1ending the abandonment of Fort Hall, or 
Cantonment Loring, o\ving to the climate and unpro- 
ductive nature of the soil, and the fact that immi- 
grants ,vere taking a more southerly route than 
formerly. Slnith seemed to have the welfare of the 
territory at heart, and recoIDlnended to the govern- 
n1ent many things which 
he people desired, an10ng 
others fortifications at the mouth of the Colulnbia, in 
preparation for which he nlarked off reservations at 
Cape Disappointnlent and Point Adams. He also 
suggested the survey of the Rogue, U n1pqua, Alseya, 
Yaquina, and Siletz rivers, and Shoal,vater Bay; and 
the erection of light-houses at Cape Disappointlnent, 
Cape Flattery, and Protection Island, representing 
that it ,vas a n1ilitaryas ,veIl as cOilllnercial necessity, 


'531st Cong., 1st Bess., S. Doc. 47, viii. 108-16; Rep. Com. Ind. AJf., 1865, 
107-9. 
4631st Cony. 1st Sess., S. Doc. 47, viii. 104. 



DESERTION OF TROOPS. 


87 


the safety of troops and stores ,vhich must usual1y 
be transported by sea requiring these guides to navi- 
gation. He reco1111nended the survey of a railroad to 
the Pacific, or at least of a ,vagon-road, and that it 
should cross the Rocky l\Iountains about latitude 38 0 , 
deflect to the Humboldt Valley, and follo,v that direc- 
tion until it should send off a branch to Oregon by 
,yay of the Willan1ette Valley, and another by ,vay of 
the Sacramen to 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 
t\venty of the riflemen deserted in a body, with the 
intention of going to the n1ines in California. Gov- 
ernor Lane imlllediately issued a proclalIlation for- 
bidding the citizens to harbor or in any ,yay assist the 
runa\vays, ,vhich caused nluch uneasiness, as it v,Tas 
said the people along their route ,vere placed in a 
serious dilemlDa, for if they did not sell thell1 provi- 
sions they would be robbed, and if they did, they 
,yould be punished. The deserters, ho\vever, having 
organized ,vith a full cOlllplement of officers, travelled 
faster than the proclalnation, and conducted then1- 
selves in so discreet a nlanner as to escape suspicion, 
irnposing themselves upon the farmers as a conlpany 
sent out on an expedition by the governn1ent, getting 
beef cattle on credit, and receiving ,villing aid illsteàd 
of having to resort to force.
 


'7 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 
'V. H. 'Varner 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. 'Varner 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 gÏ\ren to a mountain range from this circumstance. Francis Bercier, the 
guide, and George Cave were also killed. Lieut. R. S. 'Villiamson of the 
expellition made a report in favor of the Pit River route. See 31st Cong., 1st 
Sess., SCll. Doc. 2, 17-22, 47. 
43Stf'ele's Rifle Regiment, l\lS., 7; Brackett's U. S. Cavalry, 127; Or. Spec- 
tat07', ,May 2, 18.30. 



88 


LANE'S AD
IINISTRATION. 


But their success, like their organization, ,vas of brief 
duration. Colonel Loring and the governor ,vent in 
pursuit and overtook one division in the U nlpqua 
V
dley, "Thence Lane returned to Oregon City about 
the Iniddle of April \vith seventy of thenl in charge. 
Loring pursued the relnainJcr as far as the Klanlath 
River, \vhere thirty-five escaped by Dlaking a canoe 
and crossing that streaU1 before they ,vere overtaken. 
He returned t,vo ,veeks after Lane, \vith only seven- 
teen of the deserters, having suffered 111uch hardship 
in the pursuit. He found the fugitives in a Iniserable 
plight, the snow on the Cascade l\fountains being still 
deep, and their supplies entirely inadequate to such 
an expedition, for \vhich reason SOllle had already 
started on their return. Indeed, it \vas rUlnored that 
several of those not accounted for had already died 
of starvation. 49 How lnany lived to reach the n1ines 
,vas never kno\vn. 
Great discontent preyailed among all the troops, 
Inany of 'VhOlTI had probably enlisted with no other 
intention than of deserting ,vhen they reached the 
Pacific coast. Several civil suits ,vere brought by 
theill in the district court attell1pting to prove that 
they had been enlisted under false pro111ises, 'v hich 
,vore decided against them by Judge Pratt, viçe Bry- 
ant, 'v ho 'vas absent from the territory \vhen the suits 
came on. 50 
Later in the spring Hatha,vay removed his artillery 
conlpany to Astoria, and ,vent into encan1pnlent at 
Fort George, the place being no longer occupied by 
the fur company. A reserve was declared of certain 
lands covered by the irnprovements of settlers, alnong 
\VhOlTI ,vere Shively, l\icClure, Hensill, Ingalls, and 
}'Iarlin, for ,vhich a price ,vas agreed upon or allo\vec1. 51 


49 01'. Spectator, April 18, 18.30- 
f,O See case of John Curtin VB. James S, Hathaway, Pratt, Justice, in Or. 
Spectcttor, April 18, 18.30. 
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.' \Vhether he meant to say that no one 



GOVERN
IENT RESERV ATIONS. 


89 


Here the troops had a free and easy life., seeing 
111uch of the gold hunters as they \yent and caIne in 
the nunlerous vessels trading bet\veen San Fran- 
cisco and the Columbia River, and nluch too of the 
nlost degraded population in Oregon, both Indian and 
\vhite. 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 po\ver, in \vhich case 
they \vere still too far inside the capes to prevent the 
enemy's vesself:; from entering the river. They \vere 
so far from the real enerny dreaded by the people it 
\vas intended they should defend-the interior tribes 
of Indians-that much time and lTIOney ,,,"auld be 
required to bring theln where they could be of service 
in case of an outbreak, and after t\VO years the place 
was abandoned. 
The lllounted riflemen, being transferred to Van- 
couver, \vhither the citizens of the Willalnette sa\v 
thenl depart ,vith a deep sense of satisfaction,52 cele- 
brated their removal by burning their old quarters. 53 
At their ne\v station they were employed in building 
barracks on the ground afterward adopted as a n1Ïli- 
tary reservation by the governnlent. 
The first reservation declared \vas that of J\filler 
Island, lying in the Colulnbia 54 about five nliles above 
Vancouver. It contained about four square miles, and.. 
\vas useù for haynlaking and grazing purposes, in con- 
nection \vith the post at that place. This reserve \vas 
nlade in February 1850. No reservation ,vas 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 3Jd C01lg., 2d 8(>"'8" If. E.7J. Doc. 1, i. pt. ii. 123. 
52 Says the Spectator, Kov. 1, 1849, 'the aboun(ling drunkenness in our 
streets is something new under the sun,' and suggests that the officers <1.0 
something to abate the e\-il. But the officers were sell 10m sober themseh'es, 
Hathaway even attempting suici<1.e while suffering from mania a potu. Ill., 
April 18, 18.30. 
53l,
tron[J'8 Ilist. 01'., 
IS., 3. 
M 
I ueh trouble had been experienced in procuring grain for the horses of the 
mounted troops; only fi,OOO bushels of oats being obtainahle, andl 00 tOllS 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 proviùeù for; hence, no ùoubt, the reservation of 
liller Islanù. 



90 


LANE'S AD
IINISTRATION. 


at Vancouver till October 31st of that year, or until 
it ,vas ascertained that the governillent ,vas not pre- 
pared to purchase ,vithout exan1ining the clain1s of 
the Hudson's Bay Company. On the date mentioned 
Colonel Loring, in cOlnmand of the departnlent, pub- 
lished a notice that a Inilitary reservation had been 
111ade for the governnlent of four n1iles square, "COln- 
mencing 'v here a Ineridian line t,vo nliles \vest from 
the flag-staff at the l1lilitary post near Vancouver, O. 
T., strikes the north bank of the Colunlbia River, 
thence due north on said Ineridian four miles, thence 
due east four miles, thence south to the bank of the 
Colul1}bia River, thence down said bank to the place 
of beginning."55 The notice declared that the reserve 
,vas made subject alone to the la\vful claims of the 
Hudson's Bay Company, as guaranteed under the 
treaty of 1846, but prolnised paYlnents for improve- 
lnents Inade by resident settlers \vithin the described 
linlits, a board of officers to appraise the property. 
This large reserve ,vas, as I have before indicated, 
favorable to the British company's clailns, as the only 
All1erical1 squatter on the land ,vas Anlos lVí. Short, 
the history of 'v hose settlenlent at Vancouver is given 
in the first volulne of nlY lIistory of 01'"egon. Short 
took no notice of the declaration of reserve,66 think- 
ing perhaps, and with a sho\v of justicé, that in this 
case he ,vas trespassed upon, inas111uch as there ,vas 
plenty of land for government reservations, which did 
not include ilnprovenlents, or deprive a citizen of his 
choice of a home. He relnained upon the land, con- 
tinuing to improve it, until in 1853 the governll1ent 
restricted the military reservations to one mile square, 
which left him outside the limits of this one. 


55 Or. Spectator, Oct. 31, 1850; 32d Oong., 2d Bess., H. Ex. Doc. 1, pt. 
ii. 124. 
f>6Short had shot and killed Dr D. Gardner, an(l a Hawaiian in his service, 
for trespass, in the spring of 18.30. He was examined and acquitted, of an of 
which Colonel Loring must have heen aware. Or. Spectator, April 18, 18.30; 
[d., 
Iay 2, 1830. He was himself regarùed as a trespasser by the fur com- 
pany. U. S. Ev. IIudson's Bay Oompany 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 tern1 of the United States district court held 
at Vancouver, beginning the 29th of October 1850, to 
stop the further erection of buildings for 111ílitary pur- 
poses on land that ,vas clainled as the county seat. 
The attorney for the United States denied that the 
legislative assembly had the po\ver to give lands for 
county seats, did the territorial act perlnit it, or that 
the land could be taken before it was surveyed; and 
declared that the premises \vere reserved by order of 
the \var departn1cnt, which none might gainsay. 57 
The court sustained the opinion. At a later period a 
legal contest arose bet\veen the heirs of A. l\f. Short 
and the Catholic n1Ïssionaries. The n-:wlitary reserva- 
tion, ho\vever, of one mile square, rell1ains to-day the 
same as in 1853. 


On the 13th of May Major Tucker left Vancouver 
,vith t\VO companies of riflemen to establish a supply 
post at The Dalles. 53 The officers detached for that 
station \vere Captain Claiborne, Lieutenants Lindsay, 
1\Iay, and Ervine, and Surgeon C. H. Slnith. A 
reservation of ten n1iles square ,vas lllade at this 
place, and the troops en1ployed in erecting suitable 
store-houses and garrison accollill1odations to n1ake 
this the head-quarters for the Indian country in thé 
event of hostilities. Both the Protestant and Cath- 
olic 111issions \vere found to be abandoned,59 though 
the claÏlns of both \vere subsequently revived, \vhich 
together \vith the clainl of the county seat of vVasco 
county occasioned lengthy litigation. The n1ilitary 
reservation became a fourth factor in an in) broglio out 
of which the 
Iethodist missionary society, through 


57 The so1icitor for the complanants in this case was W. W. Chapman; the 
attorney for the U. S., Amory Holbrook. The decision was renùered by 
Judge'Villiam Strong in favor of the defendants. Or. Spr>ctator, Nov. 7, 1850. 
";)8 Steel's Rifle Reyiment, :1\18., 5; Cardwell's Emigrant Company, MS., 2; 
Coke's Ride, 313; 31st COllg" 2d Sess., II. Ex. Doc. 1, pt. ii. 123. 
59 Deady's llist. Or., :MS., 6. 



92 


Lfu.
E'S AD
I:rnISTRATION. 


its aaents in Oregon and in vVashington, continued to 
exto
t money from the governnlent and individuals 
for rnany years. Of The Dalles claiul, as a case in 
chancery, I shall speak further on in 111Y ,york. 
As if Astoria, Vancouver, and The Dalles ,vere not 
enough of Oregon's eligible to\vn sites to condelnn for 
nlilitary purposes, Loring declared another reservation 
in the spring of 1850 upon the land claims of l\feek 
and Luelling at l\liI \vaukie, for the site of an arsenal. 
This land \\
as devoted to the raising of fruit trees, 
a Inost ilnportant industry in a ne\v country, and one 
,vhich ,vas progressing ,veIl. The appropriation of 
property ,vhich the claimants felt the government 
,vas pledged to confirnl to them if they desired, \vas 
an encroachment upon the rights of the founders of 
Anlerican Oregon ,vhich they ,vere quick to resent, 
and for \vhich the Oregon delegate in congress ,vas 
instructed to find a renledy. And he did find a 
renledy. The cOlnplainants held that they preferred 
fighting their own Indian ,vars to sublnitting to 111ili- 
tary usurption, and the government lnight \vithdraw 
the rifle regiment at its earliest convenience. All of 
,vhich was a sad ending of the long prayer for the 
military protection of the parent governlnent. 
And all the ,vhile the Cayuse n1urderers ,vent un- 
punished. Lane \vas enough of a military nlan to 
understand the delays incident to the circumstances 
under \vhich Loring found hinlself in a ne\v country 
,vith undisciplined and deserting troops, but he \vas 
also possessed of the fire and energy of half a dozen 
regular arlUY colonels. But before he had received 
any assistance in procuring the arrest of the Indians, 
he had unofficial inforn1ation of his removal Ly the 
,vhig adnlinistration, ,vhich succeeded the one by 
which he ,vas appointed. 
This change, though eagerly seized upon by some 
as a lneans of gaining places for thernselves and secur- 
ing the control of public affairs, \vas not by any llleans 



INDIAN AGEKT. 


93 


aareeable to the Inajority of the Oregon people. No 
s
oncr had the ne\vs been received than a nleeting 
,yas held in Yan1hill precinct for the purpose of ex- 
pressing regret at the ren10val of General Lane fron1 
the office of governor. 60 The 111anner in ,vhich Lane 
had discharged his duties as Indian agent, as ,veIl as 
executive, had 'v on for hiln the confidence of the peo- 
ple, ,vith ,yhom the dash, energy, and den10cratic 
frankness of his character \vt-'re a po\ver and a charln. 
There \yas nothing that \vas of in)portance to any in- 
dividual of the C0111111unity too insignificant for his 
attention; and \vhether the interest he exhibited \vas 
genuine, \vhether it "Tas the suavity of the politician, 
or the irrepressible activity of a true nature, it \vas 
equally effective to Inake hin1 popular \vith all but 
the conservative element to be found in any con1nlU- 
nity, and \yhich ,vas represented principally in Oregon 
by the Protestant religious societies. Lane being a 
Catholic could not be expected to represent then1. 61 
As no official notice of his relTloval had been re- 
cei ved, Governor Laue proceeded acti vcly to carry 
into execution his plans concerning the suppression 
of Indian hostilities, ,,,hich \vere interrupted teln- 
porarily by the pursuit of the deserting riflclllCn. 
During his aLsence on this self-inlposed duty a diffi- 
culty occurred \vith the Chinooks at the mouth of the_
 
Colulubia, in \vhich, in the absence of established 
courts in that district, the 111ilitary authorities \vere 
called upon to act. It gro\v out of the murder of Will- 
ianl Stevens, one of four passengers lost fronl the brig 
FOfTcst \\?hile crossing the bar of the Colulllbia. Three 
of the Inen \vere dro\vned. Stevens escaped alive but 


60 The principal mm"ers in this demonstration were: :Matthew P. Deady, J. 
:McBride, A. S. 'Vatt, J. 'Vallin
, A, J. Hembree, S.11. Gilmore, and N. 
I. 
Creighton. (}J.. Spectator, :March 7, 1830. 
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, ha,'ing 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 hushand. His 
influence was sufficient with the jury to get the obnoxious tenant removeù. 



94, 


LANE'S AD::\IINISTRATION. 


exhausted to the shore, ,vhere the Chinooks murdered 
hiln. J ones, of the rifles, ,vho ,vas at Astoria ,vith 
a slnall company, hearing of it ,vrote to the governor 
and his colonel, saying that if he had men enough 
he ,vould take the lnatter in hand at once; but that 
the Indians ,vere excited over the arrest of one of 
the murderers, and he feared to make lnatters ,vorse 
by attempting ,vithout a sufficient force to apprehend 
all the guilty Indians. On receiving the inforn1ation, 
Secretary Pritchett called for aid on Hatha\vay, ,vho 
sent a conlpany to Astoria to make the arrest of all 
persons suspected of being concerned in the murder; 62 
but by this tin1e the crinlÎnals had escaped. 
Negotiations had been in progress ever since the 
arrival of I
ane for the voluntary delivery of the guilty 
Cayuses by their tribe, it being shown theln that the 
only means by ,vhich peace and friendship could ever 
Le restored to their people, or they be pernlÍtted to 
occupy their lands and treat ,vith the United States 
governlnent, was the delivery of the Whitlnan n1ur- 
derers to the authorities of Oregon for trial. 63 At 
length ,vord \vas received that the guilty 111enlbers of 
the tribe, ,vho ,vere not already dead, \vould be sur- 
rendered at The Danes. Lane went in person to 
receive them, escorted by Lieutenant Addison ,vith a 
guard of ten men. Five of the lnurderers, Tiloukaikt, 
Tamahas, Klokamas, Isaiachalakis, and Kialnasulnp- 
kin, ,vere found to Le there \vith 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, ,vho took leave of 
their friends \vith marked ernotion, ,vas not ,vithout 
interest to their escort, who, anxious to understand the 


62 Or. Spectator, 11arch 21, anc1 April4
 1830. 
63 Lane's Autobio[p"aphy, MS., 56. 
64 Blanchet asserts that the Cayuses consented only to come dawn and 
have a talk with the white authorities, and dcnies th..'1,t they were the actual 
criminals, who he says wcre aU dead, having been killed by the volunteers. 
Oath. ek. in 01'.. 18ù. There appears to be nothing to justify such a state- 
ment, except that the murdcrers submitted to receive tbe consolations of the 
church in their last moments. 



THE CAYUSE MURDERERS. 


'"95 


motives which had actuated the Indians in surrender- 
inO" thCll1Selves, plied them with questions at every 
opportunity. Tiloukaikt answered \vith a singular 
n1ÏnO'ling of savage pride and Christian humility. 
'Vh
n offered food by the guard from their o""Tn n1ess 
he regarded it \vith scorn. "What hearts have you," 
he demanded, "to offer to eat \vith n1e, whose hands 
are red \vith your brother's blood?" 'Vhen asked 
\vhy 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 magnanilnity produced a deep impres- 
sion on SOlne Ininds, who, not \vell versed in Indian or 
in any human character, could not divest themselves 
of a\ve in the presence of such evidences of n10ral 
greatness as these mocking ans\vers evinced. 
The facts are these: The Cayuses, ,yeary of ,van.. 
dering, with the prospect before them of another \var 
with \vhite men, had prevailed upon those \vho an10ng 
thenlselves had done lllost to bring so much \vretched- 
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 \vas 
a case requiring a desperate renledy. They ,vere not 
ignorant that between t\venty and thirty thousand 
Americans, chiefly men, and several government expe- 
ditions had traversed the road to the Pacific the year 
previous; nor that their attelTIpt to expel the fe\v white 
people from the Walla Walla valley had been an igno- 
minious failure. There \vas scarcely a chance that 
white men's laws would acquit then1; but on the other 
hand there \vas the apparent certainty that unless the 
fe\v gave up their lives, all must perish. Could a chief 
face his people Wh01l1 he had ruined without an effort 
to save them 1 All that was courageous or Inanly in' 
the savage breast \vas roused by the emergency; and 
who shall say that this pride, which doggedly accepted 



96 


L.AJ.
E'S ADl\lINISTRATION. 


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 meantime were confined on Abernethy 
island, in the midst of the falls, the bridge connect- 
ing it \vith the mainland being guarded by Lieutenant 
L3,ne, of the rifles, who was assigned to that duty. 6:> 
The prosecution was conducted by An10ry Holbrook, 
district attorney, who had arrived in the territory 
in March previous, and the defense by Secretary 
Pritchett, R. B. Reynolds, of Tennessee, paynlastcr 
of the rifle regiment, and Captain Claiborne, a]so 
of the rifle, WhOlll Judge Pratt assigned to this duty. 
On arraignnlent, the defendants, through Knitzing 
Pritchett, secretary of the territory, one of their 
counsel, entered a special plea to the jurisdiction of 
the court, alleging that at the date of the Inassacre 
the la\vs of the United States had not been extended 
over Oregon. The ruling of the court ,vas that the 
act of congress, June- 30, 1834, regulating trade and 
intercourse with the Indian tribes and to preserve 
peace on the frontiers., having declared all the terri- 
tory of the United States ,vest of the Mississippi and 
not within any state, fo be within the Indian country; 
and the treaty of June 15, 1846, ,vith Great Britain 
having settled that, all of Oregon south of the 49th 
parallel belonged exclusively to the United States, it 
follo\ved that offenses c0111n1itted therein, after such 
treaty, against the la\vs of the United States, ,vere tri- 
able and punishablé in the proper United States courts 
irrespective of the date of their establishlnent. Tho 
indictment stated facts sufficient to sho\v that a crime 
had been committed under the la\vs in force at the 
place of its conln1Îssion, and therefore the s1.lbsequerlt 
creation of a court in \vhich a determination of the 
question of the defendant's guilt or innocence could 


t:i Lane's Autobio[}raplty, 1\18., 139. 



THE TRIAL. 


!)7 


1e had was iJnrllaterial, and could not affect its j uris- 
diction. Exception to the ruling \vas taken. 
The trial proceeded and the defendants ,vere con- 
victed, sentenced, and ordered by a ,varrant, signed 
by the judge, to be hung; the day set for the execu- 
tion being June the 3d. A ne,v trial ,vas asked for 
and denied. Bet,veen the time of conviction and the 
day fixed for execution, the governor being absent 
from the capital, it was rUlnored that he ,vas at the 
111ines near Y reka, in California, and acting upon this 
rUl1l0r, Pritchett, counsel for the Indians and secre- 
tary of the territory, announced that he should, as 
governor, reprieve the Indians fr0111 execution until an 
appeal could be taken and heard by the supren1e court 
at'Vashington. The people generally expressed great 
indignation at even the suggestion of such a course. 
vVhile the exciternent ,vas at its height, l\Ieek, United 
States marshal, called upon the judge for instructions 
ho\v to act in the event that Pritchett should interfere 
to prevent the execution. Judge Pratt pron1ptly 
ans,vered that as there ,vas no actual or official evidence 
that Governor Lane ,vas outside of the territorial 
limits, all assulnptions of Pritchett to that èffect and 
acts based upon then1 could be disregarded. The sec- 
retary having learned of these vie\vs of the judge did 
not interfere, the execution took place, and general 
rej oicing followed. 66 
The solelnnity and quiet of religious services char- 
acterized the entire trial, at \v hich bet,veen four and 
five hundred persons ,vere present, ,vho ,vatched the 
proceedings \vith intense anxiety. Counsel appointed 
by, the judge nlade vigorous effort to clear thcir 
clients. Noone unfamiliar with the condition of 


6GGeneral Lucius H. Allen, a graduate of the V"nited States miiitary 
academy, anlI early identifiell with Oregon, and later with California, who 
deceased in the latter state in 1888, and a man of high eharacter, <hctatecl 
to Col George H. l\Iorrison for my use the full particular.:! of this interesting 
trial. General Allen said, if by any chance the Indians ha:l escaped execu- 
tion, the peoplo would undoubtedly have hung -them, which act on the part 
of the people would have caused retaEation by the Indians, and the situation 
would bave been dreadful, and beyond the power of language to describe. 
HIST. OR., VOL. II. 7 



98 


LANE'S ADMImSTRATION. 


affairs in the territory of Oregon at the tilDe of which. 
I an1 ,vriting) can realize the interest displayed by 
the people of the entire country in this inlportant and 
never-to-be-forgotten trial. The bare thought that 
the five \vretches that had assassinated Doctor Whit- 
Inan, l\Irs "lhitman, ]\11' Saunders, and a large nUlIl- 
bel' of emigrants, might, by any technicality of the 
la\v, be allo\ved to go unpunished, ,vas sufficient to 
disturb every Inan, woman, and child throughout the 
length and breadth of the territoriallinlits. 61 
The judge appreciated, in all its seriousness, the 
responsibility of llÌs position. He seenled to realize 
that upon his decision hung the lives of thousands of 
the ,,"hites inhabiting the Willamette valley. He 
proved, ho,vever, equal to the elnergency. His 
kno\vledge of the law \vas not only thorough, but 
during his early life, and before having been called to 
the bench in Oregon he had becolne falniliar ,vith all 
the questions involving territorial boundaries and 
treaty stipulations. His position was dignified, n.rJn, 
and fearless. His charge was full, logical, and concise. 
His judicial action in this and luauy other trials of 
a criminal and civil nature in the territory during his 
judgeship, made it lnanifest to the great body of the 
early settlers that he was not only thoroughly versed 
in all the needlJd learning required in his position, but, 
in addition, his uns\verving deterlnination that the la,v 
should be upheld and enforced created general cQn- 
fidcnce and reliance that he would be equal to his 
position in all ernergencies. 
The result of the conviction of the Indians was felt 
throughout the territory, and gave satisfaction to all 
elasses. It was said by 111any that the Catholics 68 \vere 
pri vy to this dastardly and dreadful massacre; this, I 
ùo not believe, nor have I found in my researches 
evidence upon which to base such an assertion. 69 It was 
m 0 re[Jon Spectator. 
68 Blanchet's attempt to excuse his neophytes is open to reproa<:h. 
t9l\.ieek seems to have had the erroneous impression that the gov. 
signed the death warrant, and is quoted as having said, 'I have in 



EXECUTION. 


!)!) 


even feared that a rescue might be attelnpted by the 
Indians on the day of execution, and n1en conling in 
froln the country round brought their rifles, hiding 
them in the outskirts of the to\vn, not to create 
alarlll. 7o X othing occurred, ho\vever, to cause excite- 
nlent. The Catholic priests took charge of the spir- 
i tual affairs of the condenined savages, achninisteri ng 
the sacrarnents of baptislll and confirmation, Father 
Veyret attending thenl to the scaffold, \vhere prayers 
for the dying \yere offered. "Touching \yords of en- 
couragelnent," says Blanchet, "\vere addressed to 
then1 on the nl01nent of being s\vung into the air: 
'GInvard, on\vard to heaven, children; into thy hands, 
o Lord Jesus, I cOlnlnend IllY spirit.'''a 011 lovin
 
and consistent Christians I \Vhile the \vorld of Prot- 
estantism r.egarded the victims slain at vVaiilatpu as 
lllartyrs, the priests of Catholicisln nlade Inartyrs of 
the lllurderers, and \vafted their spirits straight to 
heaven. So far as the sectarian quarrel is concerned 
it matters nothing, in n1Y opinion, and I care not 
\vho
e converts these heathen lllay have been, if of 
either; but sure I aln that these Cayuses \verc n1ar- 
tyrs to a destiny too strong for theIn, to the J ugger- 
naut ùf an inconlpressible civilization, before \vhose 
\V heel
 they \vere c0111pelled to prostrate theillselves, 
to that relentless la\v, the survival of the fittest, be- 
fore \v hich, in spite of religion or science, \ve all in 
turn go do\vn. 
vViih the consummation of the last act of the 
Cayuse tragedy Lane's adl11inistration 111ay be said to 
ha ve closed, though he \vas for several \veeks occupied 
\vith his duties as Indian agent in the south, a full 
account of \vhich I shall give later. Having luade a 


my pocket the death-warrant of them Indians, signed by Governor Lane. 
The marshal will execute them men as certain as the" day arrives.' Pritchett 
looked surprised and remarked: 'That is not what you just said, that yon 
would do anything for me.' , You were talking then to :1\1 eek, , Joe returned, 
'not to the marshal, who always does his duty.' rictor's River of the TVest, 
496. The marshal's honor was less corrupt than his grammar. 
70 Bacon's l.Ierc. Lij',; 01'., :MS., 25. 
11 Cath. Ch. in Or., 182. 



100 


LANE'S AD:J\fIKISTRATION. 


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. 


'l2Brackett'8 u. s. CavalT1J, 129-30. It was recrnited afterward and sent 
to Texas under its colonel, Brevet General P. F. Smith. 



CHAPTER IV. 


A DELEGATE TO CONGRESS. 
1849-1850. 


THE EARLY 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 CHAR'\.CTER-PRO- 
CEEDS TO 'V ASHINGTON -1fIsREPRESE
TATIONS AND U NPRI
CIPLED 

IEASURES-RANK INJUSTICE TOWARD :McLOUGHLIN-EFFICIENT 'V ORK 
FOR OREGON-THE DONATION LAND BILL-THE CAYUSE WAR CLAD! 
AXD OTHER ApPROPRIATIONS SECURED-THE PEOPLE LOSE CONFIDENCE 
IN THEIR DELEGATE-DEATH OF THURSTON. 


DURING the transition period through which the 
territory was passing, complaint \vas Inade that tho 
judges devoted tin1e to personal enterprises 'v hich ,vas 
denlanded for the public service. I anl disposed to 
think that those ,vho criticised the judges of the 
United States courts caviled because they overlooked 
the conditions then existing. 
The Il1elnbers of the territorial supren1e court 
were Chief Justice Bryant and Associate Justice 
Pratt. l ""\Vithin a fe,v 11lonths, the chief justice's health 


1 O. C. Pratt was born April 24, 1819, in Ontario County, New York. I-Ie 
t:ntered 'Vest 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 he 
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 prcvious to crrte:'- 
ing the :Military Academy. He I)3.ssed his examination before the supreme 
court of New York in 1840, and wa::J admitted to the bar. During this )"car 
he took an active part in the prcsidential campaign as au advocate of the 
election of :Martin Van Buren. In 1843 he movell to Galena, Illinois, ant! 
established himself as an attorney at law. In 1844 he entercd hC:lrtily into 
politics, as a friend of Polk, and attracted attentio
l by his coge:1t discussion 
of the issucs then uppermost, the annexation of Texas, and the Oregon qlle3- 
tiùn. In 1847 he was a mem.ber of the convention to make the first revi;:;ion 
( 101 ) 



102 


A DELEGATE TO CO
GRESS. 


having becol1Je in1paired, he left Oregon, returned to 
Indiana, resigned, and soon after died. Associate 
Justice Burnett, being in Ca] ifornia, and .very 1 ucra- 
tively en1ployed at the tinle that he learned of his 
appointlllent, declined it; and as their succeSBors, 
Tholllas Nelson and \Villialll Strong,2 were not soon 
appointed, and can1e ultin1ately to their field of duty 
around Cape Horn, Judge Pratt ,vas left unaided 
nearly t\VO years in the judicial labors of the territory. 
By act of congress, March 3,1859, it ,vas provided, in 
the absence of United States courts in California, viola- 
tions of the revenue laws Inight be prosecuted before the 
judges of the 8uprenle court of Oregon. Under this stat- 
ute, ,Judge Pratt ,vent to San Francisco, by request of 
the secretary of the treasury, in 1849, and assisted in 
the adj ustlnent of several inlportant adlniralty cases. 
Also, about the sanle tinle, 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 
adlniralty jurisdiction \vithin the limits of the region 
no,v covered by the states of Oregon and California. 
Another evil to the peace and quiet of the corlllnu" 
nity, and to the security of property, arose soon after 
the advent of the ne,v justices-Strong,S in August 


of tIle constitution of Illinois. In the service of the government he crossed 
the plains to Santa Fé; thence to California. III 1848 he became a membcr 
of the supreme court of Oregon, as noted. He was a man of striking and, 
distinguished personnel, fine sensibilities, analytic intelligence, eloquent, 
12arne: l i
l the law, and honorable, 
2 \Villiam Strong was born in St Albans, Vermont, in 1817, where he re- 
silled 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, anlI followed this occupation while studying law, remov- 
ing to Cleveland, Ohio, in the mean time. On being appointed to Oregon he 
took I)<.lssage with his wife on the U nitecl States store-ship Supply in N ovem- 
Lor 184:9 for San Francisco, and thence proceeded to the Columbia by the 
sloop of war J?al"wlltll. Judge Strong resided for a few years on the north 
side of the Columhia, but finally made Portland his home, where he ha
 long 
practised law in company with his sons. During my visit to Oregon ill ]873 
J u<lge 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 entitleJ Stron:f8 IJisto1'Y of Ore[Jon. It contains a long 
series of events, beginning August ]t;30, and running down to the time 
when it was given, and is enlivened by lnany allccdotes, amusing and curi- 
ous, of carly times, Indian characteristics, political affairs, and court notes. 
a Strong, who seems to have had an eye to speculation as well as other om. 



DECADENCE OF THE FUR COMPANY. 


103 


1850, and Nelson, in April 1, 1851-fronl the inter- 
ference of one district court with the processes of 
another. Thus it \vas iU1possible, for a time, to n1ain- 
tain order in J udO'e Pratt's district (the second) in t,yO 
instances, senten
s for contell1pt passed by him being 
practically nullified by the interference of the judge 
of the fir
t district. 


Among the changes occurring at this tin1e none 
,vere n10re perceptible than the diminishing i1TIport- 
ance of the Hudson's Bay Con1pany's business in 
Oregon. Not only the gold Inania carried off their 
servants, but the naturalization act did like,vise, and 
also the prospect of a title to six hundred and forty 
acres of land. And not only did their servants desert 
thenl, but the U llited States revenue officers and Inù- 
ian agents pursued therll at every turn. 4 When Thorn- 
ton ,vas at Puget Sound in 1849 he caused the arrest 
of Captain 
lorris, of the IIa:ïlJooner, an English ves- 
sel whieh had transported Hill's artillery COlllpany to 
Nisqually, for giving the custonlary grog to the Ind- 
ians and half-breeds hired to discharge the vessel in 
the absence of 'v hite labor. Captain l\forris ,vas held 
to bail in five hundred ùoHars by Judge Bryant, to 
appear before hi1ll at the next terlTI .of court. What 
the decision ,vould have been can only be conjectured, 
as in the absence of the judges the case never caUle 
to trial. l\Iorris ,vas released on a prolnise never to 
return to those ,vaters. 5 
But these annoyances ,vere light compared to those 
,y hich arose out of the establishrnent of a port of 


ciaIs, had purchased a lot of side-sadJlcs before leaving New York, and other 
goods at auction, for sale in Oregon. His saddlcs cost him $7,50 a:ld $13, and 
he soLI them to women who
e husbands lnd hee:a to the gold mines for $30, 

GO, and 
ï3. _\ gross of playing cards, purchascd for a cent a pack at auc- 
tion, solLl to the soldiers for 81.50 a pack. Brown sugar purchased for 5c. a 
pound by the barrel hrought ten times that amount; and 80 on, the goods 
Leing sold for him at the fur company's store. 8troJly',ç llist. 01.., 1\18 , 27-30. 
-1 Roberts says, ill his Recollections, 1\1'3., that Douglas left Vancouver just 
ia ti.me to save his peace of mind; anÜ it was perhaþ3 partly with that object, 
for he was a strict disciplinarian, and coulù never have bent to the new orJer 
of things, 
Ô Roberts' Recollections, JUS., 16. 



104 


A DELEGATE TO CONGRESS. 


entry, and the extension of the revenue la\vs of the 
United States over the country. In the spring of 
1849 arrived Oregon's first United States revenue 
officer, John Adair, of l{entucky; and in the autulllll 
George Gibbs, deputy-collector. 6 No trouble seCIns 
to have arisen for the first fe\v Inonths, though the 
conlpany ,vas subjected to 111uch inconvenience Ly 
having to go fron1 Fort Victoria to Astoria, a distance 
of over t\VO hundred rr1Íles, to enter the goods designed 
for the An1erican side of the strait, or for Fort Nis- 
qually to \vhich they lllust travel back three hundred 
uliles. 
About the last of December 1849 the British ship 
Lllbion, Captain Richard O. Hinder\vell, \Villiaul 
Brotchie, supercargo, entered the strait of Fuca \vith- 
out being a\vare of the United States revenue la\vs 
on that part of the coast, and proceeded to cut a cargo 
of spars at N e\v Dungeness, at the saIlle tittle trading 
\vith the natives, for vvhich they \vere prepared, L,y 
perInission of the Hudson's Bay Con1pany in London, 
\vith certain Indian goods, though not allo\ved to buy 
furs. The o\vners of the Albion, \vho had a govern- 
n1ent contract, had instructed the captain and super- 
cargo to take the spars \vherever they found the best 
tin1ber, but if upon the An1erican side of the strait, to 
pay for thenl if they could be bought cheap. But 
during a stay of about four n10nths at Dungeness, as 


6 Gibbs, who came with the rifle regiment, was employed in various posi- 
tions on the Pacific coast for several ye3.rs, He became interested in philology 
and published a Dictionary (If the Chinook JW'[jou, and other matter concern- 
ing the native races, as well as the geography and geology of the west coast. 
In Suckl(Jf m/(l Cooppr's Natural lIistory it is said that he spent two ycars in 
southern Oregon, near the Klamath; that in 1833 he joined 
lcClel1all's 1mI'. 
veying party, and afterward made explorations with I. I. Stevens in ,y a
h- 
ington. In 1839 he was still employed as geologist of the north-we::;t Lonndal'Y 
survey with Kennerly. He was for a short time collector of customs at 
Astoria. He went from there to Puget Sounù, where he applied himself to 
the study of the habits, languages, ana traditions of the nati,-cs, which study 
enaùled him to make some valuable contributiolls to the Smithsonian Insti- 
tution. J\lr Gibbs died at New Ha\-en, Conn., May 11, 1873. 'He \-vas a man of 
fine scholarly attainments,' says the OlNmpi(t Pacific 1'rilnme, J\Iay 17, 1873, 
, and ardently devoted to science and polite literature. He was something of a 
wag withal, and on sen;ral occasions, in conjunction with the late Lieut. 
Derby (.John Phænix) and others, perpetrated "sens" that oLtained a world 
wiùe publicity. His friends were many, warm, anù earnest.' 



A DISREPUTABLE AFFAIR. 


105 


no one had appeared of ,vhom the tiu1ber could be 
purchased, the ,vood-cutters continued their ,vork un- 
interruptedly. In the n1eall time the United States 
surveying schooner Ewing being in the sound, Lieu- 
tenant J\IcArthur informed the officers of tho Albion 
that they had no right to cut timber on Alllerican 
soil. When this can1e to the ears of deputy-collector 
Gibbs, Adair being absent in California, he appointed 
Eben l\Iay Dorr a special inspector of cust0111S, ,vith 
authority to seize the Albion for violation of the 
revenue laws. United States district attorney Hol- 
brook, and United States marshal Meek, ,vere duly 
infornled. 
The marshal, with Inspector Dorr, repaired to 
Steilacoom, where a requisition ,vas n1ade on Cap- 
tain Hill for a detachluent of n1en, and Lieutenant 
Gibson, five soldiers, and several citizens proceeded 
do,vn the sound to Dungeness, and made a forInal 
s'2izure of the ship and stores on the 22J of April. 
'rhe vessel ,vas placed in charge of Charles Kinney, 
the English sailors ,villingly obeying hil1l, and navi- 
gating the ship to Steilacoon1. Arrived here every 
Jnan, even to the cook, deserted, and the captain and 
supercargo \vere ordered ashore ,vhere they found 
succor at the hospitable hands of Toln1ie, at Fort 
Nisqually. 
It ,vas not a very magnanimous proceeding on the 
part of officers of the great American republic, but 
,vas about ,vhat might have been expected fronl Indian 
fighters like Joe l\rIeek raised to ne,v dignities. 7 \V e 
sll1Íle at the sirnple savage denlanding pay fro in nayi- 
gators for ,vood and ,vater; but here ,vere officers of 
the United States govcrnInent seizing and confiscating 
a British vessel for cutting a fe\v sman trees frotn 


7 See 31st Conq.. 2cl S
88., S. Doc" 30, 15-16. "Ve have met before,' said 
Brotc!lie to 
leck as the latter presented himself. 'Yon did meet me at 
Vancou\-er seyeral years ago, but I was then nothing but Joe :l\Ieek, and 
you orùered me ashore, Circumstances are changed sincc then. I am Colonel 
Joseph L. 
leek, Lnitetl States marshal for Oregon Territory, and you, sir, 
are only a damned smugglcr! Go ashore, sir!' Victor's Rivero/the West, 50:>. 



106 


A DELEGATE TO CONGRESS. 


land lately stolen froIn the Indians, relinquished by 
Great Britain as Illuch through a desire for peace as 
froIll any othcr cause, and ,vhich the United States 
governnîent after\vard sold for a dollar and a quarter 
an acre, at \yhich rate the present danlage could not 
possibly haye reached the sunl of three cents! 
I(inney proved a thief, and not only stole the goods 
intrusted to his care, but allo\ved others to do SO, 8 and 
,vas finally placed under bouch; for his appearance to 
allS\yer the charge of ernbezzlement. The ship and 
spars \vere condeillneù and sold at Steilacoom N OV8In- 
bel' 23d, bringing about forty thousand dollars, \v hich 
,vas considerably less than she \yas ,vorth; the llloney, 
according to COIl1InOn report, never reaching the treas- 
ury. 9 A fornlal protest ,vas entered by the captain 
and supercargo inllliediately on the seizure of the 
Albion, and the \v hole correspondence finally caIne 
before congress on the matter being brought to the 
attention of the secretary of state by the British 
ll1inister at Washington. 
In the 111ean tinle congress had passed an act Sep- 
tenlber 28, 1850, relating to collection Inatters on the 
Pacific coast, and containing a proviso intended to 
111eet such cases as this of the Albion,Io and by virtue 
of 'v hich the o\vners and officers of the vessel ,vere 
indelnnified for their losses. 
This high-handed proceeding against the Albion, as 
\ve Inay ,veIl ilnagine, produced Hluch bitterness of 
feeling on the part of the British residents north 
of the COIU111bia,11 and the Inore so that the vessels 


8 Or. Spectator, Dec. 19, 1850. 
9 This money fell into bad hands and was not accounted for. According 
to l\Ieek 'the officers of the court' founù a private use for it. Victm"s River 
of tlLP JVe.st, 506. 
10 That where any ship or goods may have been subjected to seizure 
by any officer of the customs ill the collection ùistrict of Upper California or 
the district of Orcgon prior to the passage of this act, and it shall be maùe 
to appear to the satisfaction of the secretary of the trcasury that the owncr 
sustained loss by rcason of any improper seizurc, the said sccreta,ry is author. 
ized to extend such rclief as he may deem just and proper. 31st Cony., 1st 
Bess., United States Acts and Res., 128-9. 
11 · I fancy I am pretty cool about it now,' says Roberts, 'but then it did 
rather damp my democracy.' Recollections, 
lS., 17. 



THE REVENUE LA'VS. 


107 


of the Hudson's Bay Company were not exempt 
from these exactions. When the troops ,vere to be 
relnoved froln Nisqually to Steilacoon1 on the estab- 
lishillellt of that post, Captain Hill enIployed the 
ForClger, one of the company's vessels, to transport 
the n1en and stores, and the settlers also having some 
shingles and other insignificant freight, 'v hich they 
,yished carried do,vn the sound, it ,vas put on board 
the Forager. 
"'or this violation of the United States 
revenue la,vs the vessel ,vas seized. But the secretary 
of the treasury decided that Hill and the artillerynlen 
,vere not goods in the meaning of the statute, and 
that therefore the la\vs had not been violated. 12 
Soon after the seizure of the Albion, the company's 
schooner CadboTo ,vas seized for carrying goods direct 
froln Victoria to Nisqually, and that not\vithstanding 
the duties \vere paid, though under prote'st. The 
Ccu1bol
o ,vas released on Ogden ren1Ïnding the col- 
lector that he had given notice of the desire of the 
COl1lpany to continue the ilnportation of goods direct 
fronl 'Tictoria, their readiness to pay duties, and also 
that their business ,voult! be broken up at Nisqually 
and other posts in Oregon if they were conlpelled to 
inlport by the \vay of the Columbia River. 13 
In January 1850 President Taylor declared Port- 
land and Nisqually ports of delivery; but subsequently 
the office ,vas rellloved at the instance of the Oregon 
delegate fronl Nisqually to OlynIpia, ,vhen there 
follo,ved other seizures, naillely, of the JIary Dare, 
and the Beaver, the latter for landing 
Iiss Rose 
Birnie, sister of J anles Birnie fornlerly of Fort George, 
at Fort Nisqually, ,vithout first having landed her at 
Olyn1pia. 14 The cases \yere tried before J udae Stron g , 
. ð 
\v ho very Justly released the vessels. Strong \vas 
accused of bribery by the collectur; but the fi"iends 
of the judge held a public nleeting at OlYll1pia sus- 


12 Leftc7' of N.IJI. Jleridrth to 8. R. Thurston, in 01". Spectator, l\1ay 2, 1850" 
1331th Cong., 2d 8('8S., Sen. Doc. 30, 7. 
14Roberts' Recollections, 1\18., 16. 



108 


A DELEGATE TO CONGRESS. 


taining him. The seizure cost the governnlent t,venty 
thousand dollars, and caused much ill-feeling. This 
,vas after the appointrnent of a collector for Puget 
Sound in 1851, \vhose construction of the revenue 
law's ,vas 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 ,vas over increasingly pre- 
carious and disa.greeable. The treaty of 1846 had 
proven altogether insufficient to protect the assunled 
rights of the conlpany, and ,vas liable to different 
interpretations even by the ablest jurists. The C0111- 
pany clainled thëir 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 ,varning by the ,yell kno,vn tenlper of the 
Anlerican occupants of Oregon toward thenl, and had 
offered their rights for sale to the governUlent at one 
nlillion of dollars; using, as I have previously inti- 
nlated, the ,veIl kno\vn democratic editor and politician, 
George N. Sanders, as their agent in \Vashington. 
As early as January 1848 Sir George Simpson 
addressed a confidential letter to Sanders, 'VllOlll he 
had previously met in l\IontreaJ, in ,vhich he defined 
his vie\v of the rights confirmed by the treaty, as the 
right to "cultivate the soil, to cut do\vn and export 
the tinlber, to carryon the fisheries, to trade for furs 
,vith the natives, and all other rights ,ve enjoyed at 
the tinle of franling the treaty." As to the free navi- 
gation of the Colunlbia, he held that this right like 
the others ,vas salable and transferable. " Our 
possessions," he said, "elnbrace the very best situa- 
tions in the 'v hole country for offensive and Jefensive 
operations, to\vns and villages." These ,vere all in- 


15 S. P. 1\Iùses was the first collector on Puget Sound. Roberts says con- 
cerning him that he 'took almost e\'cry British ship that came. His conduct 
was hcneath the government, and probably was from beneath, also.' Recol- 
leCtiOIlS, l\lS., Hi. 



PROPOSALS OF SALE. 


109 


cluded in tIle offer of sale, as well as the lands of the 
Puget Sound Agricultural Company, together \vith 
their flocks and herds; the reason urged for making 
the offer being that the company in England \vere 
apprehensive that their possession of the country 
11light lead to "endless disputes, ,yhich might be pro- 
ductive of difficulties bet\yeen the t\VO nations," to 
a yoid \v hich they were willing to Inake a sacrifice, and 
to ,yithdraw within the territory north of 49. 016 
Sanders laid this proposition before Secretary 
Buchanan in July, and a correspondence ensued 
bet,veen the officers and agents of the Hudson's Bay 
Company and the nlinisters 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, ,vas dissatisfied ,vith the ternlS of 
the treaty and wished to make a ne,v one in which 
this right ,vas surrendered, but that Great Britain 
declined to relinquish the right \vithout a considera- 
tion. "Her J\fajesty's government," said Addington, 
"have no proposal to make, they being quite content 
to leave things as they are." 
The operation of the revenue la\vs, however, ,vhich 
had not been anticipated by the British companies or 
governlnent, considerably lnodified 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 ternls, they \vere at the 
nlercy of the United States, which could ,yell afford 
to alIo,v 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 Disappointlnent, 
George, Vancouver, U mpqua, Walla 'Valla, Boisé, 
Okanagan, Colville, Kootenai, Flat Head, Nisqually, 
Cnwlitz, and all other posts belonging to said com.. 
1131st Cong., 2d Bess., Sen. Doc. 20, 4-5. 



110 


A DELEGATE TO CONGRESS. 


panies, together \vith their \vild lands, reserving only 
their shipping, nlerchandise, provisions, and stores of 
every description, and their enclosed lands, except 
such portions of theln as the United States govern- 
nlent nlight \vish to appropriate for military reserves, 
,vhich \vere included in the schedule offered, for the 
BUIll 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 \vithin one year by the 
goverilluent; or if the governnlent should not elect 
to purchase, the cOlllpanies bound thenlsel 'les to sell 
all their farnling lands to private citizens of the 
United States \vithin t\VO years, so that at the end 
of that tilHe they \vould have no property rights 
whatever in the territories of the United States. 
Surely it could not be said that the British conl- 
panies \vere not as anxious to get out of Oregon as 
the Americans \vere to have thenl. It is nlore than 
likely, also: that had it not been for the persistent 
aninlosity of certain persons influencing the heads 
of the government and senators, sonle arrangernent 
might have been effected; the reason given for re- 
jecting the offer, ho\vever, \vas that no purchase 
could be made until the exact limits of the cOlllpany's 
possessions could be deterinined. In October 1850, 
Sir John Henry Pelly addressed a letter to \Vebster, 
then secretary of state, on the subject, in \vhich he 
referred to the seizure of the Albion, and in \vhich he 
said that the price in the disposal of their property 
,vas but a secondary consideration, that they ,vere 
more concerned to avoid the repetition of occurrences 
\vhich might endanger the peace of the t\VO govern- 
ments, and proposed to leave the 111atter of valuation 
to be decided by t\VO comnlissioners, one froln each 
government, who should be at liberty to call an 
ul11pire. But at this tirne the saIne objections exi
ted 
in the indefinite liinits of the territory chtilned \vhich 
,vould require to be settled before cOllllnissioners 



ABANDON
lENT OF POSTS. 


III 


could be prepared to decide, and nothing ,vas done 
then, nor for t\venty years after\vard,l1 to\vard the 
purchase of Hudson's Bay Conlpany claillls, during 
\yhieh tilne their forts, never of luuch value except 
for the purposes of the C0111pany, \yent to decay, and 
the lands of the Puget Sound Conlpany \vere covered 
\"ith AlIlerican squatters, \v ho, holding that the rights 
of the cOll1pany under the treaty of 1846 \vere not in 
the nature of an actual grant, but. nlerely possessory 
so far as the cOlnpany required the land for use until 
their charter expired, looked upon their pretensions 
as unfounded, and treated thenl as trespassers,18 at 
the sanle t.inle that they \vere cOlllpelled to pay taxes 
as proprietors. 19 
Gradually the different posts \vere ahandoned. The 
land at Fort Umpqua ,vas let in 1853 to W. ,\r. 
Chapman, \",ho purchased the cattle belonging to it,20 
\vhich travellers \vere in the habit of shooting as 


11 32d Cona., 1st Sess., H. Ex. Doc. 2, pt. iii. 473-4. 
IS Robcrts, who was a stockholder in the Puget Sound Company, took 
charge of the Cowlitz farm in 1846. :Matters went on very well for two years. 
Then. came the gold excitement and demoralization of the company's senTalits 
consequent upon it, and the expectation of a donation land law. He left the 
farm which he found it impossible to carryon, and took up a land claim as a 
settler outside its limits, becoming a naturalized citizen of the Cnited 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 quartcr- 
master general. 'Vhen the Frazer River mining excitement came on he 
thought he might possibly make something at the Cowlitz by raising proyis- 
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 folIo-wed 
arson and other troubles with the squatters, who took away 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 goo(l man persecuted in this manner, that the squatters on the Cowlitz 
farm were 1inally compelled to desist from these acts, and Roherts was left in 
peace until the 'Vashington delegate, Garfielù, secured patents for his clients 
the squatters, and Roberts was evicted. There certainly should ha\'e bcen 
somc way of preycnting outrages of this kind, and the goycrnment should 
ha,'e secn to it that its treaties were respected by the people. But the peo- 
ple's representatives, to win favor with their constituents, pprsistE.ntly 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, 
1S., 73. 
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 couìd be used to 
show the value of their property. Rpcol[ection.o;, :MS., 91. 
20 A. C. Gibbs, in U. S. Ev. II. B. C. Cluims, 29; JV. ']'. Tolmie, Id., 104; 
JV. JV. Ohapman, Id., 11. 



112 


A DELEGATE TO CONGRESS. 


game ,vhile they belonged to the company. The 
stockade and buildings ,vere burned in 1851. The 
land ,vas finally taken as a douation clairn. Walla 
'VaHa ,vas abandoned in 1855-6, during the Indian 
,var, in obellience to an order fron1 Indian Agent 
Olney, and ,vas after\vard claimed by an An1ericall 
for a to\vn site. Fort Boisé ,vas abandoned in 1856 
on account of Indian hostilities, and Fort Hall about 
the same tilne on account of the statute against selling 
an1111unition to Indians, without ,vhich the Indian 
trade ,,,as ,vorthless. Okanagan ,vas kept up until 
1861 or 1862, 'v hen it was left in charge of an Indian 
chief. Vancouver ,vas abandoned about 1860, the 
land about it being covered ,vith squatters, English 
and American. 21 Fort George ,vent out of use before 
any of the others, Colville holding out longest. At 
length in 1871, after a tedious and expensive ex- 
anlination of the claims of the Hudson's Bay and 
Puget Sound companies by a commission appointed 
for the purpose, an a\vard of seven hundred and fifty 
thousand dollars ,vas lllade and accepted, there being 
nothing left ,vhich the United States could confirnl 
to anyone except a dozen dilapidated forts. The 
United States gained nothing by the purchase, unless 
it ,vere the n1ilit.ary reserves at Vancouver, Steila- 
coonl, and Cape Disappointment; for the broad acres 
of the companies had been donated to squatters \vho 
applied for them as United States land. As to the 
justice of the cause of the An1erican people against 
the cOJnpanies, or the companies against the United 
States, there \vill be al\vays t\VO opinions, as there 
have al\vays been t\VO opinions concerning the Oregon 
boundarJ question. Sentinlent on the An)erican side 
as enuneiated by the Oregon pioneers \vas as follo\vs: 
They held that Great Britain had no rights on the 
,vest shore of the American continent; in ,vhich 
opinion, if they would include the United States in 
the same category, I ,vould concur. As I think I 
21J. L. Meek, in U. S. Ev. II. B. O. Claims, 90. 



THE FINAL ISSUE. 


113 


have clearly sho,vn in the IIisto1"Y of tlLe North1L'est 
Coast, 'v hether on the ground of inherent rights, 
or rights of discovery or occupation, there ,vas littl
 
to choolSe bct\veen the t,vo nations. The people of 
OrcO'on further held that the convention of 1818 
ð 
conferred no title, in ,vhich they ,vere correct. They 
held that the I-Iudson's Bay Company, under its 
charter, could acquire no title to land-only to the 
occupancy of it for a limited tilDe; in which position 
they ,vere undoubtedly right. They denied that the 
Puget Sound Con1pany, ,vhich derived its existence 
fronl the Hudson's Bay COlnpany, could have any title 
to land, ,vhich ,yås evident. They ,vere quick to per- 
ceive the intentions of the parent COITlpany in laying 
c]aiUl to large bodies of land on the north side of the 
Colurnbia., and covering thenl ",
ith settlers and herds. 
They had no thought that w"hen the boundary ,vas 
sottled these clainls ,vould be respected, and felt that 
not only they but the governnlent had been cheated- 
the latter through its ignorance of the actual facts in 
the case. So far I cannot fail to sympathize with 
their sO
lnd sense and patriotisn1. 
But I find also that they forgot to be just, and to 
realize that British subjects on the north side of the 
Columbia ,vere disappointed at the settlement of the 
bounùary 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 ne\v forts, opening ne\v 
farms, and laying out ne,v roads. But above all they 
forgot that as good citizens they 'v ere bound to re- 
spect the engagements entered into by the govern- 
ment ,vhether or not they approved them; and \vhile 
they were using doubtful means to force the British 
companies out of Oregon, \vere guilty of ingratitude 
both to the corporation and individuals. 
The issue on which the first delegate to congress 
elected in Oregon, Samuel R. Thurston, received his 
HIS:!:. OB.. VOL. II. 8 



114 


A DELEGATE TO CONGRESS. 


Inajorit.y, was that of the anti-Hudson's Bay Com- 
pany sentinlent, ,vhich ,vas industriously ,yorked up 
by the n1Ïssionary eleillent, in the absence of a large 
nUlnber of the voters of the territory, notably of the 
Canadians, and the young and independent ""'estern 
nlen. 22 Thurston ,vas besides a dell1ocrat, to ,vhich 
party the greater part of the population belonged; 
but it is the testill10ny of those ,,",ho kne\v best that 
it \vas not as a denlocrat that he ,vas ejected. 2
 As a 
lnenlber of the legislature at its last session under the 
provisional governrrlent, he displayed sonLe of those 
traits \vhich lnade him a po\verful and useful champion, 
or a dreaded and ha.ted foe. 

Iuch has been said about the rude and violent 
manners of ,vestern lIlen in pursuit of an ohject, but 
Thurston ,vas not a \vestern lllan; he ,vas supposed to 
be sonlething lnore elevated and refined, nlore cool 
and logical, nlore moral and Christian than the peo- 
ple beyond the AUeghanies; he ,vas born and bred 
an eastern nlan, educated at an eastern college, 
'vas a good Methodist, and yet in the canvass of 


22 Thurston received 470 votes; C. Lancaster, 321; l\Ieek and Griffin, 46; 
J. 'V. Nesmith, 106. Thurston was a democrat and Nesmith a whig. Tribune 
.Almanac, 1850, 51. 
23 
Irs E. F. Odell, née 
IcClench, who came to Oregon as Thurston's 
wifc, and who cherishes a high regard for his talents and memory, has fur- 
llishcd to my library a biographical skctch of her first husband. Though 
strongly tinctured by personal and partisan feeling, it is valuable as a view 
from her standpoint of thc character and services of the ambitious young man 
who first represcnted Oregon in congress-how worthily, the record will 
determine. .Mr Thurston was born in l\Ionmouth, :Maine, in 1816, and rcared 
in tnc little town of Peru, subject to many toils and privations common to 
the Yankee youth of that day. He possessed a thirst for knowleùge also 
common in New England, and bccame a hard student at the 'Vesleyan scmi- 
nary at Readfield, from which he entcred Bowùoin college, graduating in thc 
class of 1843. Hc then entered on the stuùy of law in Brunswick, where he 
was soon admitted to practice. A natural partisan, he became an arùent 
democrat, and was not only fearless but aggressive in his leadership of the 
politicians of the school. Having married 
Iiss Elizabeth F. l\IcClench, of 
:Fayctte, he removed with her to Burlington, Iowa, in 184.3, where he edited 
the Burlington Ga:ette till 1847, when he emigrateù to Oregon. From his 
education as n. Methodist, his talents, and readiness to become a partisan. he 
naturally affiliated with the :\Iission party. l\1rs Oùell remarks in her Bio:l- 
'raphy of 1'huro'iton, 
IS., 4, that he was' not electcd as a partisan, though his 
political views were well understood;' but L. F. Grover, who knew him well 
in college ùays and afterward, says that' he ran on the issue of thc missionary 
settlers against the Hudson's Bay Company.' Public Life in Or. J :MS. J 95. 



CHARACTERISTICS OF THURSTO:N. 


115 


1849 he introduced into Oregon the vituperative and 
invective style of debate, and nlingled \vith it a species 
of coarse blackguardism such as no Kentucky ox- 
driver or l\Iissonri flat-boatlnan Inight hope to excel. 24 
\Vere it nlore effective, he could be siulply eloquent 
and ilupressive; \vhere the fire-eating style seerrled 
likely to ,yin, he could hurl epithets and denuncia- 
tions until his adversaries ,vithered before theln. 25 
And ,vhere so pregnant a thenle on ,vhich to rouse 
the feelings of a people unduly jealous, as that of the 
aggressiveness of a foreign nlonoply? And \vhat easier 
than to lllake pron1Îses of accolTIplishing great things 
for Oregon? And yet I am bound to say that ,vhat 
this scurrilous and unprincipled denlagogue pronlised, 
as a rule he perfornled. He believed that to be the 
best course, and he \vas strong enough to pursue it. 
Had he never done more than he engaged to do, or 
had he Hot privately engaged to carry out a schen1e 
of the l\Iethodist Inissionaries, ,vhose sentiments he 
n1i
took for those of the nJajority, being hilTIself a 
l\Iethodist, and having been but eighteen months in 
Oregon ',vhen he left it for 'Vashington, 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 ,vith him when Lane issued his proclama- 
tion to elect a delegate to congress. He immediately 


2-1 '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 siùe, aud said: "Don't you take anothcr 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 distinguish cd, and the result was that Thurston carried the election 
by a large majority.' Grover's Pub. Life, 1\18., 96-7. 
25 , He was a man of such impulsive, harsh traits, that he would often carry 
college feuùs to extremities. I have known him to get so excited in recount- 
ing some of his struggles, that he would take a chair anù smash it all to pieces 
over the table, evidently to exhaust the extra amount of vitality.' ld., 94. 



116 


A DELEGATE TO CONGRESS. 


decided to take his chance alllong the candidates, ,vith 
,,
hat result ,ve kno\v. 26 
The first ,\Te hear of Thurston in his character of 
delegate is on the 24th of January 1850, \vhen he 
rose in the house anù insisteù upon being allo\ved to 
11lake an explanation of his position. \Vhen he left 
Oregon, he said, he bore a 111enlorial fron1 the legisla- 
tive assell1bly to congress ,vhich he could not produce 
on account of the loss of his baggage on the Isthn1us. 
But since he had not the 111en1orial, he had dra\vn up 
a set of resolutions upon the subjects elubraced in the 
Inemorial, ,yhich he ,vished to offer and have referred 
to their appropriate cOlnrnittees, in order that 'v hile 
the house Inight be engaged in other n1atters he 
nlight attend to his before the conlll1ittees. He had 
,yaited, he said, nearly t\VO 1110nths for an opportunity 
to present his resolutions, and his territory had not 
yet been reached in the call for resolutions. lIe 
,yould detain the house but a fe\v n1Ïnute3, if he nlight 
be allowed to read \vhat he had dra,vn up. On leave 
being granted, he proceeded to present, not an ab:stract 
of the menlorial, \vhich has been given else\vhere, but 
a series of questions for the judiciary COn111littee to 
ans\ver, in reference to the rights of the Hudson's 
Bay Company, and Puget Sound Agricultural A:ssoci- 
ation. 27 This first utterance of the Oregon delegate, 
,vhen tilne ,vas so precious and so short in \vhich to 
labor for the accomplishn1ent of high designs, gives 
us the key to his plan, vdlich was first to raise the 
question of any rights of Bl'iti
h subjects to Oregon 
Ian ds in fee sim pIe under the treaty, and then to 
exclude theln if possible fronl the pri vileges of the 
donation la,v wben it should be frarned. 28 


26 Thurston was in ill-health when he left Oregon. He travelled in a sma11 
boat to Astoria, taking six days for the trip; by sailing yessel to San Francisco, 
and to Panamá by the steamer Cm'oUna, being ill at the last place, yet having 
to ride across the Isthn:.us, losing his baggage because he was not able to look 
after the thieving carriers. His detennination and ambition were remarkable. 
Udell',
 Bioyraphy of Thurston, 118., 56. 
21 For the resolutions complete, see Congo Globe, 1849-50, 21, pt. i. 220. 
28 That Thurston exceeded the instructions of the legislative assembly 
there is no question. See 01.. An:hivcs, 
1
.J 183-6. 



IGNOBLE :MEASURES. 


117 


The t,YO lTIonths ,vhich. intervened bet,veen Thurs- 
ton's arrival in 'Vashington and the day ,vhen he in- 
troduced his resolutions had not been lost. He had 
studied congressional nlethods and proved himself an 
apt scholar. He atte111pted nothing ,vithout first hav- 
ing tried his ground \vith the conlnlittees, and pre- 
pared the ,yay, often \vith great labor, to final success. 
On the 6th of February, further resolutions \vere 
introduced inquiring into the rights of the Hudson's 
Bay Cornpany to cut and nlanufacture tirnber gro\ving 
on the public lands of Oregon, and particuarly on 
l::nds not inclosed or cultivatell by thenl at the time 
of the ratification of the Oregon treaty; into the 
right of the Puget Sound Agricultural COlnpany to 
any more land than they had under inclosure, or in a 
state of actu&l cultivation at that tinle; and into the 
right of the Hudson's Bay Cornpany, under the sec- 
ond article of the treaty, or of British subjects trad- 
ing \vith the conlpany, to introduce through the port 
of Astoria foreign goods for consumption in the ter- 
ritory free of duty,29 \vhich resolutions \vere referred 
to the judiciary cOlnmittee. On the sanIe day he in- 
troduced a resolution that the cOlllrnittee on public 
lands should be instructed to inquire into the expedi- 
ency of reporting a bill for the establishll1ent 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 
conlnlittee Inight dcenl necessary for the proper lllan- 
agen1ent and protection of the public lands. 30 
In the nlcan tinle a bill ,vas before the senate for 
the extinguishlnent of the Indian title to land ,,
cst 
of the Cascaùe l\Iountains. This ,vas an inlportant 
preliminary step to the passage of a donation act. 31 


29 Congo Globe, 1849-50, 29:>. 
30 I d., 293. A correspondent of the New York Tribune remarks on 
Thurston's resolutions: 'There are squalls ahead for the Hudson's Bay 
Company.' (Jr. Spectat01', 
Iay 2, 1830. 
B1 See Ur. Spectator, April 18, 18.30; 31st Cong., 1st Sess., U. 8. Act.ç and 
Res., 
ü-7; Joh"ðon'.
 Cal. and Ur., 332; COllY. Globe, 1849-50, l07G-7; Id., 
IGIOj Ùr. Spectator, Aug. 8, 1830. 



118 


A DELEGATE TO CONGRESS. 


It ,vas chiefly suggested by l\Ir Thurston, and was 
passed April 22d ,vithout opposition. Having se- 
cured this llleaSUre, as he believed, he next Lrought 
up the topics ell1 braced in the last menlorial on which 
he expected to found his advocacy of a donation la\v, 
and enlbodied the1l1 in another series of resolutions, 
so artfully dra,vn Up32 as to con1pel the c01l1mittee to 
take that vie,v of the subject most likely to promote 
the success of the ll1easure. Not that there was 
reason to fear serious opposition to a law donating a 
liLeral amount of land to Oregon settlers. It had for 
years been tacitly agreed to by every congress, and 
could only fail on SOllle technicality. But to get up a 
syn1pathetic feeling for such a bill, to secure to Ore- 
gon all and n10re than \vas asked for through that 
feeling, and to thereby so deserve the approval of the 
Oregon people as to be reëlected to congress, was the 
desire of Thurston's active and ardent Inind. And 
to\vard this ainl he \vorked \vith a persistency that 
,yas admirable, though SOlne of the Illeans resorted to, 
to bring it about, and to retain the favor of the party 
that elected hin1, ,vere as unsuccessful as they were 
reprehensible. 
Jj-'rom the first day of his labors at \Vashington this 
relentless demagogue acted in ceaseless and open hos- 
tility to every interest of the Hud
on's Bay Conlpany 
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 la\v. I have sho\vn in a 


32 COr/V. Globe, 184-9-50, 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 \Vashington to save letter- 
writing, says, speaking of the country in which Vancou,-er is located: 'It 
was formerly called. Clarke county; but at a time ,,,,hen British sway was ill 
its palmy days in Oregon, the county was changed. from Clarke to Vancouver, 
ill honor of the celebrateù navigator, anù no less celeblated. slanùerer of our 
government and people. Now that American influence rules in Oregon, it is 
due to the harùy, wayworn American explorer to rcalter 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 110 doubt 
they spoke and acted. at their recent session,' Johm;on's Cal. and Or., 2G7. 
It was certainly peculiar to hear this intdligent 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, \vas before congress 
in both houses in January 1848, and that it failed 
through lack of tilue, having to a\vait the territorial 
Lill \vhich passed at the last n10nlent. Having been 
cro\vded out, and other affairs pressing at the next 
session, the only trace of it in the proceedings of con- 
gress is a resolution by Collaluer, of Verillont, on the 
25th of January 1849, that it should be 111ade the 
special order of the house for the first Tuesday of 
February, \vhen, however, it appears to have been 
forgotten; and it \vas not until the 22d of April 1850 
that 
Ir Fitch, chairn1an of the cOl11lnittee on territo- 
ries, again reporteJ a bill on this subject. That the 
bill brought up at this session ,vas but a copy of the 
previous OIle is according to usage; but that. Thurston 
had been at \vork \vith the comnlÎttee SOllle peculiar 
features of the bill sho\v. 34 
There ,vas tact and diplomacy in Thurston's char- 
acter, \v hich he displayed in his short congressional 


in Oregon before the palmy days of British sway, and of British rcsidents 
naming counties at all. \Vhile Thurston was in \\:' ashington, the postmaster- 
general changed the name of the postotfice at Vancouver to Columbia City. 
VI'. State.'iman, 1\Iay 28, 18.31. 
3,1 Thornton alleges that he prcsented Thurston before leaving Oregon with 
a copy of his bill, Vr. llist., 1\18" 13, and further that' the donation law we 
now have, except the II th section :lnd one or two unimportant amendments, 
is an exact copy of thc l,ill I prepared.' V7'. Pinner'}' A 880. '1'7'an.
. 187.4, ü4. 
Yet whcn Thurston lost his luggage on the Isthmus he lost all his papers, 
and could not have made an 'exact copy' from memory. In another placc he 
says that before lcaving \Vashington he drew up. a land bill which be sent to 
Collamer in Vermont, and would have us believe that this was the idcn- 
tical bill which finally passed. Not knowing further of the bill than what 
was stated by Thornton himself, I would only rcmark upon the evidence 
that Collamer's term expired before 1850, though that might not have prc- 
vcnted him from introducing any suggestions of Thornton's into tbe bill 
reported in January 184ü. But now comcs Thornton of his own accord, and 
admits he has claimed too much. He did, he says, preparc a tcrritorial anll 
also a land bill, but on 'further reflction, and after consulting others, I 
dcemed it not well to have these new bills offered, it having been suggcsted 
that the bills already pending in both houses of congress could be amenJcd 
by incorporating into thcm whatc,"er thcre was in my bills not already pro- 
vidcd for in thc bills which in virtue of their being already on the cal
l}(lar 
wuuld be reached lJ
forc any bills subsequently introduced. ' From a lettcr 
dated August 8, 188:!J which is intcnded as an addcndum to the Or. l1i.ðt. J 

I:::;., of Thornton. 



120 


A DELEGATE TO CONGRESS. 


career. He allo,ved the land bill to drift along, mak- 
ing only sonle practical suggestions, until his resolu- 
tions had had time to sink into the minds of menlbers 
of both houses. When the bill ,yas ,veIl on its ,yay 
he proposed an1endlnent
, such as to strike out of 
the fourth section that portion 'v hich gave every set- 
tler or occupant of the public lands above the aO'e of 
. ð 
, eighteen a donatIon of three hundred and t,ventyacres 
of land if a single Ulan, and if married, or Leconling 
lllarried ,vithin a given tillie, six hundred aud forty 
acres, one half to hin1self in his O\Vll right, and the 
other half to his "Tife in her o,vn right, the surveyor- 
general to designate the part inuring to each;35 and 
to lllake it read" that there shall be, and hereby is 
granted to every ,vhite nlale settler, or occupant of the 
public lands, Alnerican half-breeds included, lllenlbers 
and servants of the Hudson's Bay and Puget Sound 
. t d " 
com panles excep e , etc. 
He proposed further a proviso "that every foreigner 
nlaking clai[n to lands by virtue of this act, befure 
he shall receive a title to the same, shall prove to 
the surveyor-general that he has cOlnnlenced and C0111- 
pleted his naturalization and beconle an American 
citizen." The proviso ,vas not objected to, Lut the 
previous amendnlent ,vas declared by Bo,vlin, of l\1i8- 
souri, unjust to the retired servants of the fur C0I11- 
pany, ,vho had long lived on and cultivated farnls. 
The debate upon this part of the bill becalne "varnI, 
aud Thurston, being pressed, gave utterance to the 
folltHving infamous lies: 
"This cOlnpany has been warring against our gov- 
ernn1ellt these forty years. Dr l\lcLoughlin has been 
their chief fuglen1an, fir8t to clleat our governnlent 
out of the "\",hole c0 1 .1ntry, and next to prevent its 
settlement. He has driven Inen frolll clailns and frOln 


35 This was the principle of the donation 1awas passed. The surveyor- 
general usually inquired of the wife her choice, and was gallant enough to 
gÏ\'c it her; hence it usually happened that the portion having the dwelling 
and improvements upon it went to the wife. 



THE CHIEF OF LIARS. 


]21 


the country to stifle t.he efforts at settlement. In 
1845 he sent an express to Fort Hall, eight hundred 
nliles, to ,yarn the An1erican en1Ïgral1ts that if they 
attclllpted to conle to 'Villamette they ,vould aU be 
cut off; they \vent, and none \vere cut off... I ,vas 
instructed by my legislature to ask donations of land 
to Al1lerican citizens only. The 111elTIorial of the 
Oregon legislature "Tas reported so as to ask dona- 
tions to settlers, and the ,vord ,vas stricken out, and 
citizens inserted. This, sir, I consider fully bears l11e 
out in insisting that our public lands shall not be 
thro,vn into the hands of foreigners, 'v ho "Till not 
beconle citizens, and ,,,ho sympathize ,vith us "Tith 
crocodile tears only.36.. . I can refer you to the su- 
prenle judge of our territory37 for proof that this Dr 
l\IcLoughlin refuses to file his intention to becolne an 
An1erican citizen. 38 If a foreigner ,vould bona fide 
file his intentions I ,vould not object to gi \Te hiul land. 
There are many Englishlnen, Inembers of the Hudson's 


36 The assertion contained in this paragraph that the word C settler' was 
altered to 'citizen' in the memorial was also untrue. I haye a copy of the 
memorial signed by the chief cherk of both the house and council, and in- 
scril>ed, 'Passell 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. 
Arcltil'e8, .:\IS" 177. 
37 Bryant was then in Washington to assist in the missionary scheme, of 
which, as the assignees of Abernethy, both he anù Lane were abettors. 
38 Thurston also knew this to be untrue. 'Villiam J. Berry, writing in 
the Spectator, Dee, 26, 1830, says: 'Now, I assert that 
Ir Thurston knew, 
previous to the election, that Dr 
IcLoughlin had filed his intentions. I 
heard him say, in a stump speech at the City Hotel, that he exp'ected his (the 
doctor's) vote. At the election I happened to be one of the judges. Dr 
:McLonghlin 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, saiù that he had. He voted, ' Says )IcLoughlin: 
'I declared my intention to become an American citizcn on the 30th of .May, 
184U, as anyone may see who will examine the recorùs of the court.' 01". 
Sj)(('{ator, Sept. 12, 1830. 'Valùo, testifies: 'Thurston licd on the doctor. 
He diel it because the doctor woulù not vote for him. He lied in congress, 
and got others to write lies from herc about him-mcn who knew nothing 
about it. They falsitìed about the old doctor cheating the people, setting tbe 
Indians 011 them, anù treating them badly.' Critique.
, 
l
., ]3. 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.' JIistorical Correspondence, l\1
., 14. Says Grover: 'The old doctor 
was looking to becoming a leading American citizen until this difficulty oc- 
curretl in regard to his land. He had taken out naturalization papers. All 
his lifc from young manhooù had been spcnt in the llorth-'.vestj and he was 
not going to leave the country.' Public Life in Or., I\1S., 91. 



122 


A DELEGATE TO CONGRESS. 


Bay COl11pan
r, \vho \vould file their intention merely 
to get the land, and then tell you to \v histle. N O\V, 
sir, I hope this house, this congress, this country, \vill 
not aHa,\" that company to stealthily get possession of 
all the goud land in Oregon, and thus keep it out 
of the hands of those \v ho would becon1e good and 
\,?orthy citizens." 39 
Having prepared the ,yay by a letter to the house 
of representatives for introducing into the land bill a 
section depriving ßIcLoughlin of his Oregon City 
clain}, \v hich he had the audacity to declare ,vas first 
taken by the 1\Iethodist n1ission, section eleventh of 
the law as it finally passed, and as it no,v stands upon 
the sixty-eighth page of the General Lalvs if Ore- 
gon, ,vas introduced and passed without opposition. 
Judge Bryant receiving his bribe for falsehood, by 
the reservation of Abernethy Island, which \vas "con- 
firlned to the legal assigns of the WiUalnette l\iilling 
and Trading Company," ,vhile the reInainder, except 
lots sold or given a\vay by l\IcLoughlin previous to 
the 4th of :\larch 1849, should be at the disposal of 
the legislative assen1bly of Oregon for the estab1ish- 
lllcnt and endo\v111ent of a university, to be located 
not at Oregon City, but at such place in the territory 
as the legislature 111Ïght designate. Thus artfully did 
the servant of the 
Iethodist n1Îssion strive for the 
ruin of l\IcLoughlin and the approbation of his con- 
stituents, ,veIl kno\ving that they \vould not feel 
o 
luuch at liberty to reject a bounty to the cause of 
education, as a gift of any other kind. 40 
39 Congo Globe, 181/)-50, 1079. 
40 In Thurston'g lettcr to the house of representatives he appealer1 to them 
to pass the land bill without delay, on the ground that Oregon was becoming 
dcpopulated through the llcglf:ct of congress to kccp its cngagcment. The 
pcople of the States had, he declared, lost all confiùcnce in their previous belief 
that a donation law would be passed; and the people in the territory were 
ccasing to improve, wcre going to California, anù when they were fortunate 
enough to make any moncy, werc returning to thc Atlantic States. ' Our pop- 
ulation,' he said, ' is dwindling away, and our anxieties and fcars can casily be 
perceÏ\'ed.' Of the high watcr of 184D-30, which carried away property and 
damageù mills to the amount of about $300,000, hc said: 'The owners who have 
means ùare not rebuild because tbcy have 110 titlc. Each man is collccting 
his means in anticipation that he may leave the country.' And this, although 



OVERREACHED HI:\1SELF. 


123 


In his endeavor to accoInplish so nluch villany the 
delcO'ate failed. The senate struck out a clause in the 
'=' 
fourth section \vhich required a foreigner to en1Ïgrate 
froln the United States, and \vhich he had persuaded 
the house to adopt by his assertions that \vithout it 
the British fur c01l1pany ,vould secure to thenlselvcs 
all the best lands in Oregon. Another clause insisted 
on by Thurston ,vhen he found he could not exclude 
British subjects entirely, ,vas that a foreigner could 
not Lecollle entitled to any land not,vithstanding his 
intentions \vere declared, until he had con1pleted his 
naturalization, 'v hich ,vould require t\VO years; and 
this ,vas allo,yed to stand, to the annoyance of the 
Canadian settlers ,vho had been t\venty years on their 
clainls. 41 But the great point gained in Thurston's 
estilnation by the Oregon land bill ,vas the taking- 
a\vay fronl the fOrlller head of the Hudson's Bay 
C0111pany of his dearly bougbt clailll at the falls of 
the \\Tillaluette, 'v here a large portion of his fortune 
was in vested in iluprovelnents. The last proviso of 
the fourth section forbade anyone clain1Îng under the 
landla\v to claim under the treaty of 1846. }fcLough- 
Jin, having declared his intention to become an An1eri- 
can citizen ,vas no longer qualified to clailll under the 
treaty, and congress having, on the representations of 
Thurston, taken fron1 l\fcLoughlin 'v hat he clain1ed 
TInder the land law there ,vas left no recourse ,vhat- 
ever. 42 


he had told Johnson, California and Oregon, which see, page 2.32, 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 1830, and a fair 
IJroportion of them ground wheat. They were scattered through all the 
counties from the sound to the head of the \Villamette Valley. Or. Sfafe8mcw, 
April 23, 1831; and with this: 'The census of 1849 showed a population of 
oyer 9,000, about 2,000 being absent in the mines. The census of 1830 
showed m"er 13,000, without counting the large immigration of that year or 
the few settlers in the most southern part of Oregon.' 01'. Statesman, April 
lOth and 23, 1831. 
H COllg, UlI,be, 1849-50, 1853. 
f2 t;ays Applegate: lIt must have excited a kind of fiendish merriment in 
the hearts of ]
ryallt 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.' lIistorical Cor- 
'j'cðpolldence, :!\IS., 15. 



124 


A DELEGATE TO COXGRESS. 


I have said that Thurston clail11ed the Oregon land 
bill as his O\\Tl1. I t ,vas his ü,yn so far as concei'ncd 
the :llnendlnellts ,vhich da1nagcd the interests of 1ne11 
in the country 'v h01H he designated as foreigners, but 
\yho really \vere the first \vhite per
ons to lllaintain a 
settlenlent in the country, and \yho as individuals, 
,vere in every \vay entitled to the sanle privileges 
as the citizens of the United States, and \vho bad 
at the first opportunity offered thelnselves a::; such. 
In no other sense \vas it his bill. There ,vas not an 
Ï1l1portant clause in it \vhich had not been in contenl- 
plation for years, or \y hich \yas not suggested by the 
frequent nlenlorials of the legí
lature on the subject. 
He \vorkeJ earnestly to have it pass, for on it, he 
believed, hung his reëlection. So earnestly did ha 
labor for the settlenlent of this great 111eaSUre, and for 
all other rneasures \vhich he kne\v to be most desired, 
that though they kne\v he ,vas a 1110st selfish and 
unprincipled politician, the people gave hilH their 
gratitude. 43 
A frequent nlistake of young, strong, talented, but 
inexperienced and unprincipled politicians, is that of 
going too fast and too far. Thurston \vas an exceed- 
ingly clever fello\v; the Ineasures which he took upon 
hinlself to chanlpion, though in some respects unjust 
and infamous, 'v ere in other respects Inatters \v hich lay 
very near the heart of the Oregon settler. But like 
Jason Lee, Thurston overreached hinlself. The good 
that he did \vas din1nled by a sinister shado\v. In 
Septenlber a printed copy of the bill, contaiuing the 
obnoxious eleventh section, \vith a copy of his letter 
to the house of representatives, and other like nlatter, 
,vas received by his confidants, together ,vith an in- 
junction of secrecy until sufficient tirne should have 


(3 Grover, Public Life in Oregon, 
lS., 98-9, calls the land bill 'Thurston's 
work, baset1 upon Linn's bill;' but Groyer simply took Thurston's word for it, 
he being then a young man, whom Thurston pcrsuaded into going to Oregon. 
Johnson's CaL and Or., which is, as to the Orcgon part, mcrely a reprint of 
Thurston's papers, calls it Thurston's bill. Hines, Ur. and Institution..., does 
the same; but anyone con\-ersant with the congressional and legislative 
history of Oregon knows better. 



:h1cLOUGHLIN'S REPLY. 


125 


passed for the bill to beC0l11e a la\v. 44 vVhen the vile 
injustice to John 
IcLoughlin bCCal11e kno\vn, those 
of Thurston's friends 'v ho ,,-ere not in the conspiracy 
lllct the charge ,vith :scornful denial. They ,vould not 
believe it. 45 And \vhen tÏlne had passed, and the 111at- 
ter becalne understood, the feeling ,vas intense. Mc- 
Loughlin, as he had before Leen driven by the thrusts 
of his enenlÍes to do, replied through the SlJcctatol' 
to the lllunerous falsehoods contained in the letter. 46 
He kne,v that although luany of the older settlers 


U , Keep this still,' writes the arch schemer, 'till next mail, when I shall 
send them gcnerally. The ùebate on the California bill closes next Tuesllaj-, 
when I hope to get passed my land bill; keep dark 'til next mail. Thurston. 
June D, 1830.' Ur. Spectator, Sept. 12, 1850. 
4:> "Tilson Blain, who was at that time editor of the Spectator, as Robert 
:Moore was proprietor, found himself unable to credit the rumor. ' 'Ve ven- 
ture the assertion, 1 he says, 'that the story was started by some malicious or 
mischit.J-making person for the purpose of preventing the improvement of 
Clackamas rapids.' Or. Specta'or, Aug. 22, 1830. 
46' He says that I have realized, up to the 4th of 
Iarch 1849,8200,000 from 
sale of lots; this is also wholly untrue. I ha,-e given away lots to the 
Ietho- 
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 I>rotestants, though it is well known I am a Roman 
Catholic. In short, in one way and another I hiwe donated to the county, 
to schools, to churches, and l)ri ,-ate individuals, more than three hunllretl 
town lots, and I never realized in cash S
O,OOO from all the original sales I 
e"er malle. . . I was a chief factor in the Hudson's :Day Comrany service, and 
by the rules of the company enjoy a retired interest, as a matter of right. 
Capt. 
Ic
eil, a native-born citizen of the United 
tates of America, holds 
the same rank that I held in the Hudson's Bay Company's service. He nc"er 
was required to become a British subject; he will be entitled, by the laws of 
the company, to the same retirell interest, no matter to what country he may 
owe allegiance.' After declaring that he had taken out aaturalization papers, 
and that Thurston was aware of it, and had asked him for his ,.ote anù influ- 
ence, but that he had voted against him, he says: 'But he proceeds to refer 
to J ullge 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 ùo it without l)rejudic- 
ing my standing in England, I am abtonished how the supreme judge coultl 
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 
Islan<1 by ßIr Thurston, and which he proposes to donate to .Mr Abernethy, 
his heirs and assigns, is the same i:::;laull which .Mr Hathaway and othcrs 
jumpecl in 1841, and formed thelllseh.es into a joint stock company, and 
erected a saw and grist-mill on it, as already stated. :From a desire to pre- 
serve t.he peace of the country, I deferred bringing the case to a trial 'til the 
government extendecl its jurisdiction oyer 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 
hall hought the stock of the other associates, and as the island was in J ndge 
Bryant's district, and as there were only two judges in the territory, I 



126 


A DELEGATE TO CONGRESS. 


understood the nlerits of the case, all classes "
erc 
to be appealed to. There ,vere those \v ho had no 
regard for truth or justice; those 'v ho cared lllore 
for party than principle; those ,vho had ignorantly 
believed the charges nlade against hinl; and t.ho
e 
,,,ho, frolll national, religious, or jealous feelings, \vere 
united in a crusade against the luan \vho represented 
in their eyes everything hateful in the British char- 
acter and ullholy in the Catholic religion, as ,vel1 as 
the fe\v ,vho "Tere ,vilfully conspiring to cOll1plete the 
overthro\v of this British Ronlan Catholic aristocrat. 
There ,vere others besides 
IcLoughlin \vho fèlt 
thernselves inj ured; those who ha(l purchased lots in 
Oregon Cit.y since the 4th of l\Iarch 1849. Notice 
,vas issued to these property-holders to 111eet for the 
purpose of asking congress to confirrn their lots to 
them also. Such a meeting \vas held on the 19th of 
Septenlber, in Oregon City, Andre,v Hood being 
chairn1an, and Noyes SnlÍth secretary. The meeting 
,vas addressed by Thornton and Pritchett, and a 
111emorial to congress prepared, \vhich set forth that 
the Oregon City clailn ,vas taken and had been held 
in accordance \vith the la,vs of the provisional and 
territorial governments of Oregon; and that the 
111enlorialists considered it as fully entitled to pro- 
tection as any other claim; no inti111ation to the 
contrary ever having been made up to that tilHe. 
That under this Í1llpreSSioll, both before and since the 
4th of l\Iarch 1849, large portions of it, in lots and 
blocks, had been purchased in good faith by many 
citizens of Oregon, 'v ho had erected valuable buildings 
thereon, in the expectation of having a complete and 
sufficient title \vhen 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 bclieyc that 
Ir Thurston did not know, some 
months before he left this, that 
lr Abcrnethy had sold his rights, whate\"er 
thcy were, to Judge Bryant, and therefore })roposing to congress to donate 
this island to l\lr Abernethy, his heirs and assigns, was in fact, proposing to 
donate it to Judge Bryant, his heirs and assigns.' Or. Spectat01., 
ept. 12, 
1850. 



OREGON CITY CLAI
i. 


127 


the original occupant. That since the date mentioned, 
the occupant of the claim had donated for county, 
educational, charitable, and religious purposes nlore 
than t\VO hundred lots, ,vhich, if the bill pending 
should pass, \vould be lost to the public, as ,yell as a 
great loss sustained by private indiyiduals \v ho had 
purchased property in good faith. They therefore 
prayed that the bill might not pass in its present 
forn), believing that it ,vould ,york a "severe, inequi- 
table, unnecessary, and irreillediable injustice." The 
memorial was signed by fifty-six persons,47 and a reso- 
lution declaring the selection of the Oregon City 
clainl for reservation uncalled for by any consider- 
able portion of the citizens of the territory, and as 
invidious and unjust to l\lcLoughlin, ,vas offered by 
'Vait and adopted, follo,ved by another by Thorn- 
ton declaring that the gratitude of multitudes of 
people in Oregon was due to John l\lcLoughlin for 
assistance rendered theIll. In some preliminary re- 
nlarks, Thornton referred to the ingratitude sho,vn 
their benefactor, by certain persons who had not paid 
their debts to l\lcLoughlin, but who had secretly 
sib'ned a petition to take a\vay his property. l\Ic- 
Loughlin also refers to this petition in his ne,vspaper 
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 hinlself, and only used in the conlnlÎttee 
roonlS of nletl1 bel's of congress. 48 
47 The names of the signers were: Andrew Hood, Noyes Smith, Forbes 
:Barclay, A. A. Skinner, James D. Hûlman, 'V. C, Holman, J. Quinn Thorn- 
ton, \Valter Pomeroy, A. E. \Vait, Joseph C. Lewis, James 
I. l\loore, Robert 
Moore, R. R. Thompson, George H, Atkinson, 1\1. Crawford, 'Vm. Hood, 
Thomas Lowe, 'Vm. B. Campbell, John Fleming, G. Hanan, Robert Canfiehl, 
Alex. Brisser
 
amuel \Velch, Gustavus A. Cone, Albert Gaines, 'V. H. 
Tucker, Arch. McKinlay, Richard l\Ic
Iahon, David Burnsides, Hezekiah 
Johnson, P. H. Hatch, J. L. lVlorrison, Joseph Parrott, Ezra :Fisher, Geo. T. 
Allen, L. D. C. Latourette, D. D. Tompkins, 'Vm, Barlow, Amory Holbrook, 
:i\1atthew Richardson, John .McClosky, 'Ym. Holmes, H. Burns, \Ym. Chap- 
man, 'Ym. K. Kilborn, J. R. Ralston, B. B. Uogers, Chas. Friedenberg, 
Abraham "rolfe, Samuel Vance, J. B, Backenstos, .John J. Chandler. S. 'V. 
Moss, James \Vinston Jr., Septimus Huelot, 1\lilton Elliott. Or. Spectator, 
Sept. 26, 1830. 
f8 Considering the fact that Thornton had been in the first i.nstance the 



]28 


A DELEGATE TO CONGRESS. 


Not long after the nleeting at Oregon City, a pub- 
lic gathering of about t\VO hundred ,vas convened at 
Salem for the purpose of expressing disapproval of the 
resolutions passed at the Oregon City 111eeting, and 
con}nlendation of the cause of the Oregon delcgate. 49 
In November a meeting ,vas held in Linn county 
at ,vhich resolutions ,vere passed endorsing Thurston 
and denouncing 
IcLoughlin. Nor ,vere there ,vant- 
ing those \vho upheld the delegate priva
ely, and ,vha 
,vrote approying letters to hin1, assuring him that he 
,vas losing no friends, but gaining them by the score, 
and that his course ,vith regard to the Oregon City 
clairIl \vould be sustained. 50 

lr Thurston has been since condemned for his 
action in the matter of the Oregon City claims. But 
even \vhile the honest historian nlust join in reprobat- 


unsuccessful agent of the leading missionaries in an effort to take away the claim 
of :L\lcLoughlin, 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 ad vice he was likely to need, if ever he was extricate(l from the anomalous 
position in to 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, howe\Ter, this doughty 
defender of the just, on the appearance in print of 
lrs Victor's Bir("/" of the 
JVe
t, in which the author gÜ-es 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 Uh7'istian 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 Spe('tat07' 
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 havin? been 1\IcLoughlin's attorney should be mentioned, 'in justice to 
the doctor! It will be left for posterity to judge whether Thornton or 

1cLoughlin was honored by the association. 
49 'Villiam Shaw, a member of the committee framing these resolutions, 
says, in his Pioneer Life, .MS., 14-15: 'I carne 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.' Y{. C. Rector has, in later 
years, declared that .McLoughlin was the father of Oregon. l\lcLoughlin little 
understood the manner in which public sentiment is manufactured for party 
or even for individual purroses, when he exclaimed indignantly: 'No man 
coul(l be found to assert' that he had done the things alleged. 
50 Udell's Bio!J. of ThuT;;ton, 
1
., 26. 



UPHOLDING THE 'VRONG. 


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 \vhich has attached 
to hÎln. IIis course had been n1arked out for him by 
those \vho stood high in society, and \vho \vere leaders 
of the largest religious body in Oregon. lIe had been 
elected by a majority of the people. The people had 
been pleased and more than pleased \vith \vhat he had 
done. 'Vhen the alternative had been presented to 
then1 of conden1ning or endorsing hirn for this single 
action, their first in1pulse w'as to sustain the man who 
had sho\vn hilnself their faithful servant, even in the 
\vrong, rather than have his usefulness impaired. AI- 
nlost the only persons to protest against the robbery 
of l\IcLoughlin ,vere those \v ho \vere n1ade to suffer 
\vith hiln. All others either renlained silent, or \vrote 
encouraging letters to Thurston, and as Washington 
\vas far distant froln Oregon he was liable to be de- 
ceived. 51 
'Vhen the memorial and petition of the o\vners of 
lots in Oregon City, purchased since the 4th of l\larch 
1849, canle before congress, there \vas a stir, because 
Thurston had given assurances that he \vas acting 
in accordance \vith the \viII of the people. But the 
Illelnorialists, \vith a contemptible selfishness not unu- 
sual in rnankind, had not a
ked that 1\IcI
oughlin's 
clain1 n1ight be confirmed to hhn, but only that their 
lots Inight not he sacrificed. 
Thurston sought every\vhere for support. While 
in Washington he wrote to Wyeth for testilllony 
against 
IcLoughin, but received froln that gentlerrlan 
only the \yarn1est praise of the chief factor. Sus- 
pecting Thurston's sinister design \Vyeth even wrote 


C>1 Thornton wrote several articles in vindication of McLoughlin's rights; 
but he was employed by the doctor as an attorney. A. E. 'Vait also denounced 
Thurston's course; but he also was at one time employed by the doctor. 
\Vait said: 'I believed him (Thurston) to be strangely wanting in discretion; 
morally and politically corrupt; towering in ambition, and unscrupulous ot 
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.' OÎ'. 
Spectator, 
Iarch 20. 1851. 
BlBT. OR., VOL. II. 9 



130 


A DELEGATE TO CONGRESS. 


to Winthrop, of l\Iassachusetts, cautioning hiln against 
Thurston's 111isrepresentations. Then Thurston pre- 
pared an address to the people of Oregon, covering 
sixteen closely printed octavo pages, in ,vhich he re- 
counts his services and artifices. 
'Vfth no sll1all cunning he declared that his reason 
for not asking congress to confirm to the owners lots 
purchased or obtained of l\fcLoughlin after the 4th 
of l\farch, 1849, ,vas because he had confidence that 
the legislative assenlbly ,vould do so; adding that the 
bill \vas purposely so worded in order that l\fcLough- 
lin would have no opportunity of transferring the 
property to others ,vho ,vould hold it for him. Thus 
careful had he been to leave no possible means by 
which the man ,vho had founded and fostered Oregon 
City could retain an interest in it. And having openly 
advocated educating the youth of Oregon ,vith the 
property 'v rested fro111 the venerable benefactor of 
their fathers and mothers, he sublnitted hilnself for 
reëlection,52 ,vhile the victiln of lllissionary and per- 
sonal nlalice began the painful and useless struggle to 
free himself frOlTI the toils by which his enemies had 
surrounded hilll, and from ,vhich he never escaped dur- 
ing the fe,v ren1aining years of his life. 53 


52 Address to the Electors, 12. 
53 :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 ,'ain. Lane, who was thcn in that body as a 
delegate from Oregon, and who was personally interested in defeating tbe 
memorial, succeeded in doing so by asscrtions as unfounded as those of 
Thurston. This blunt old soldier, the pride of the people, the brave killer of 
India
s, turned demagogue could deceive and eheat with the best of them. 
See Congo Globe, 1853-4, 1080-82, and Letter of D1 4 i11 cLouyhlin, in Portland 
Ore!lonirtrz, July 22, I 85t1:. Toward the el
se of his life McLo1J.ghlin 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: '1 shall live but a little while 
longer; an
l this is the reason that 1 sent for you. 1 am an old m;:m and just 
dying, and you are a young man and will live many years in this country. 
As for me, 1 might bettcr have been shot'-and hc hrought it out harshly- 
'like a bull; 1 might better have becn shot forty years ago!' After a silence, 
for 1 did not say anything, he concluded, 'than to bave lived here, and tried 
to build up a family and an estate in this government. 1 became a citizen of 
the United States in good faith. 1 planted all I had here, and the govern- 



DEATH OF :M:cLOUGHLIN. 


131 


"\Vhen the legislative asselnbly met in the autumn 
of 1850 it COIIlplied \vith the suggestion of Thurston, 
so far as to confirm the lots purchased since l\farch 
1849 to their o,vners, by passing an act for that pur- . 
pose, certain 111en1bers of the council protesting.
4 This 
act ,vas of sonle slight benefit to l\IcLoughlin, as it 
stopped the demand upon hin1, by people ,vho had 
purchased property, to have their lnoney returned. 55 
Further than this they refused to go, not having a 
clear idea of their duty in the luatter. They neither 
accepted the gift nor returned it to its proper owner, 
and it 'vas not until 1852, after l\IcLoughlin 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 ,vas given bac]{ 
to the heirs of l\IcLoughlin, that political party to 
,yhich Thurston belonged, and which felt bound to 
justify his acts, had gone out of po\ver in Oregon. 
Sinèe that tin1e n1any persons have, like an arJIlY in 
a ,vilderness building a lllonunlent over a dead COlll- 
rade by casting each a stone upon his grave, placed 
their tribute of praise in Iny hands to be b
ilt 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. Liff, 
lS., 88-90. 
51 \Vaymire and 
1iller protested, saying that it was not in accordance 
with the object of the donation, and was robbing the university; that the 
asscmbly were only agcnts in trust, and had no right to dispose of the prop- 
erty without a consideration. Or. 8pcctato/
, Feb. 13, 1831. 
5:>' :My father paid back thousanùs of dollars,' says 
lrs Harvey. Life of 
McLoughlin, 1\18., 38. 
56 The legislature of 1852 accepted the donation. In 1853-4 a resolution 
was offered by Orlando Humason thanking 
IcLoughlin 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 185.J--6 a memorial was drawn up by 
the legislature asking that certain school lands in Oregon City should be 
restored to John l\lcLoughlin, and two townships of land ill 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 sceking investment away from the place and materially lessened its 
value. 



132 


A DELEGATE TO CONGRESS. 


the Inonument of history testifying one after another 
to the virtues, 111 agnaninlÎty , and wrongs of J ohn 
Ic- 
Loughlin. 57 


l\Ieau,vhile, and though reproved by the public 
prints, by the n1elTIoriai spoken of, and by the act of 
the legislature in refusing to sanction so patent an 
iniquity,6'3 the Oregon delegate never abated his in- 
dustry, but toiled on, leaving no stone unturned to 
secure his reëlection. He ,vould cOIn pel the appro- 
bation and gratitude of his constituency, to \VhOln he 
,vas ever pointing out his achieveu1ents in their be- 
half. 69 The appropriations for Oregon, besides Olle 
hundred thousand dollars for the Cavuse war ex- 
penses, amounted in all to one hundr
d and ninety 
thousand dollars. 60 


57 :l\icKinlay, his friend of many years, comparing him with Douglas, 
remarks that 11cLoughlin's name will go down from generation to gencration 
w hen Sir James Douglas' will be forgotten, as the maker of Oregon, and oue 
of the best of men. Compton's Forts and Fort Life, 
lS., 2. Finlayson says 
identically the same in Vanc. f."l. and .LV. JV. Coa.
t, :US., 28-30. There are 
similar observations in .i.1Jinlo's Early Days, M:S" and in JValdo's Critiquc8, 
:M:';.; Brown's JViliamette Valley, 1\IS.; Parrish's OJ". Anfcdofps, 
IS, ; Joseph 
'Vatt, in Palmer' $ JVagon Trains, 
IS.; Rev. Geo. H. Atkinson, in U re:jon 
Colonist,5; :\1. P. Deady, in Or. Pioneer A
soc" Trans., 1875, ]8; 'Y. II, Ree.', 
Id., 1879,31; Grover's Public Life in Or., 
IS., 86-D2; Fm"d's Roadmakp1'8, 

JS.; Crawford's .11fissionarics, 
IS.; filos.y' Pioneer rpime..
, l\I
.; Buruett'.-; 
Rcco!lectio1l!;, :MS., i. 91-4, 273-4, 298, 301-3; .Mrs E. 1\1. \Vilson, in Orc!l07
 
1JI.:etches, 
IS., 19-21; Blancllet's Cath. Ch. in Or., 71; Chadwick's P'ltb. ReC07"ds, 

1S., 4-5; H. H. Spalding, in 27th Cong., Ed Bess., 830, 57; Ebbert'.
 'l.'1.apper's 
Life, :MS., 36-7; Pett!/[Jrove','i Orp[Jon, MS., 1-2,5-6; Lovrjoy's Portlan I, 
lS., 
37; Andprflon's Ilist. N. JV. COllSt., 
18., 15-16; Applc!Jate'l'3 Vieu..s of lIist., 

IS., 12, 15-16; fd., in Saxon's Or. :iTer., 131-41; C. Lancaster, in Cony. Globe, 
1853-4, 1080, and others already quoted. 
68 U1'. Specta.tor, Dec. 19 and 26, 1850. 
59 'V. 'V. 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 
penitcntiary; $,j3,140 for lighthouses at Cape Disappointment, Cape Flattery, 
and New Dl1ngeness, and for buoys at the mouth of the Cohllnhia River; 
$:23,000 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 messengers, Thornton and l\leek; $]0,000 for 
the pay of the superintendent of Indian affairs, his clerks, office rent, ctc.; 
$10,500, salaries for the governor, secretary, and judges; 
1,500 for taking 



PERSISTENT EFFORT. 


133 



Ir Thurston set an example, \vhich his immediate 
successors "
ere con1peHed to ilnitate, of con1plete con- 
forluity to the demands of the people. He aspired to 
please all Oregon, and he n1ade it necessary for those 
,yho callIe after him to labor for the same end. It 
,vas a \vorth y effort 'v hen not carried too far; but no 
nlan ever yet succeeded for any length of tinle in act- 
ing upon that policy; though there have been a fe\v 
\y ho have pleased all by a ,vise independence of all. 
In his ardor and inexperience he ,,"'eut too far. HC' 
not only published a great deal of matter in the east 
to dra\v attention to Oregon, nluch of which ,vas cor- 
rect, and SOine of which ,vas false, but he \vrote 
letters to the people of Oregon through the SjJecfct- 
tor,61 sho\ving forth his services froID n10nth to n1onth, 
and giving them advice which, \vhile good in itself, 
\\Tas akin to inlpudence on the part of a young man 
"Those acquaintance with the country \vas of recent 
date. But this ,vas a part of the man's telnperanlent 
and character. 
Congress passed a bounty land bill, giving one 
hundred and sixty acres to any officer or private \vho 
had served one year in any Indian \var since 1790, 
or eighty acres to those ,vho had served six Inonths. 
This bill n1Ïght be n1ade to apply to those \vho had 
served in the Cayuse \var, and a bill to that effect 
,vas introduced by Thurston's successor; but Thurston 
had already thought of doing sonlething for the old 
soldiers of 1812 and later, nlany of "rhon1 were set- 
tlers in Oregon, by procuring the passage of a bill 
establishing a pension agency. 62 
He kept hirnself informed as \vell as he could of 
everything passing in Oregon, and expressed his ap- 
proval \vhenever he could. He complirnented tho 


the census; 81,500 contingent fund; and a copy of the exploring expedition 
for the territorial library. 3h;t Cony., 18t Bess., U. S. Acts aud Res., 1:
. '27, 
28, 31, 72, Ill, 1.39-60, H)2, 198; Or. Spectator, Aug. 8th and 22d, and Oct. 
24, 1830. 
61 Ur. Sp(lctator, from Sept. 2ûth to Oct. ] 7, 18'>0. 
62 COllg. Glob(l, 181;9-50, 5G4, Theophilus 
lagruùer was appointed pension 
agent. Or. Spectator, July 25, 1&50. 



134 


A DELEGATE TO CONGRESS. 



chool superintendent, 
IcBride, on the sentilnents 
uttered in his report. He "\\Trote to 'Villíam 
Ieek of 
J\Iil\vaukie that he \vas fighting hard to save his land 
clainl fron1 being reserved for an ordnance depot. 
He procured, unasked, the prolongation of the legisla- 
tive session of 1850 frolH sixtJ to ninety days, for 
the purpose of giving the asse111bly tin1e to perfect a 
good code, and also secured an appropriation sufficient 
to meet the expense of the long session. 63 He secured, 
\vhen the cheap postage bill ,val:; passed, the right of 
the Pacific coast to a rate uniforIll ,vith the Atlantic 
states, 'v hereas before the rate had been four tinles as 
high; and introduced a bill providing a revenue cutter 
for the district of Oregon, and for the establish rnent of 
a nlarine hospital at Astoria; presented a Ineillorial 
frorH the citizens of that place asking for an appropria- 
tion of ten thousand dollars for a custoll1-house; and 
a bill to create an additional district, besides applica- 
tion for additional port
 of entry on the southern 
coas,t of Oregon. 
In regard to the appropriation secured of $100,000 
for the Cayuse \var, instead of $150,000 asked for, 
Thurston said he had to take that or nothing. No 
nloney was to be paid, ho\vever, until the evidence 
should be presented to the secretary of the treasury 
that the anlount claiuled had been expended. 64 
This practically finished J\Ir Thurston's ,york for 
the session, and he so \vrote to his constituents. The 
la
t of the great nleasures for Oregon, he said, had 
been consulllmated; but they had cost hin1 dearly, as 
his impaired health fearfully adn10nished hiln. But 
he declared before God and his conscience he had 
done all that he could do for Oregon, and \vith an eye 
single to her interests. He rejoiced in his success; 


63 Id., Oct. 10, 1850; 31st Cong., 1st Bess., U. S. Acts and Res., 31. 
64 A memorial was received from the Oregon legislature after the passage 
of the bill dated. Dec. 3, 18.30, giving the report of A. E. 'Vait, conunis- 
sioner, stating that he had investigated and allowed 340 claims, amounting in 
all to $87,230.53; anù giving it as his opinion that the entire indebtedncss 
would amount to about $130,000. 31st Cony., Eel Bess., Ben. .lJIisc. 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 
Bet,veen the time of the receipt of the first copy 
of the laud bill and the \vriting of this letter partisan 
feeling had run high in Oregon, and the ne\vspapers 
,vere filled \vith correspondence on the subject. l\Iuch 
of this ne\vspaper writing ,vould have ,vounded the 
delegate deeply, but he \vas spared from seeing it by 
the irregularity and insufficiency of the mail trans- 
portation,66 \vhich brought him no Oregon papers for 
several months. 
It soon became evident, notwithstanding the first 
ilnpulse of the people to stand by thèir delegate, that 
a reartion \vas taking place, and the rnore generous- 
111inded \vere ashamed of the position in \v hich the 
eleventh section of the land bill placed thenl in the 
eyes of the \vorld; that \vith the whole vast territory 
of Oregon wherein to pick and choose they nlust 
needs force an old lTIan of venerable character froul 
his just possessions for the un-American reason that 
he \vas a foreigner born, or had formerly been the 
honored head of a foreign conlpany. It ,vas ,veIl un- 
derstood, too, \vhence canle the direction of this vin- 
dicti ve action, and easily seen that it would operate 
against the real ,velfare of the territory. 
The Inore tilne the people had in \vhich to think 
over the nlatter, the n10re ea
ily \vere they convinced 
that there \vere others \vho could fill Thurston's place 
,vithout lletrinlent to the pub1ic interests. An in- 
formal canvass then began, in \vhich the nanles 67 of 
65 Or, Spectator, April 3, 1851. The appropriations made at the second 
session of the 31st Congress for Oregon wcre for the expenses of the territory 
836,000; for running Lase and meridian lines, $D,Ooo; for surveying in Ore- 
gon, $.jI,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 'Vriting Jan. 8th, he says: 'SeptemLer is the latest date of a paper I have 
seen. I am uninformed as yet what the cause is, only from what I expe- 
ricnced once Lefore, that the steamer left San Francisco before the arrival 
of, or without taking the Oregon mail.' Or. Spectator, April 10, 18;;0. 
67 'Thcre 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 kno\vn citizens and early settlers ,vere 
Inentioned; but public sentin1ent took no form before 
l\Iarch, \v hen the Star, published at Mil\vaukie, pro- 
clainled as its candidate Thurston's opponen in the 
election of 1849, Columbia Lancaster. In the mean 
tinle R. R. Thompson had been corresponding ,vith 
Lane, ,vho ,vas still mining in southern Oregon, and 
had obtained his consent to run if his friends \vished 
it.m
 The Star then put the name of Lane in place of 
that of Lancaster; the SjJectator, no\v nlanaged by 
D. J. Schnebley, and a ne\v delnocratic paper, the 
Oregon Statesrnan, ,vithholding their announcenlents 
of candidates until Thurston, at that nloment on his 
,yay to Oregon, should arrive and satisfy his friends 
of his eligibility. 
But \vhen 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 enen1ies, 
death, and saved him frotn 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 discolnfort 
of the voyage through the tropics, with the anxiety of 
111ind attending his political career, sapped the lo,v- 
burning lanlp of life, and its flickering Hatne ,vas ex- 
tinguished. Yet he died not alone or unattended. 
He had in his charge a company of young \VOnlen, 
teachers Wh0l11 Governor Slade of Verlnont ,vas send- 
ing to Oregon,69 who no,v became his tender nurses, 


others, namely, Jesse Applegate, J. 'V. Nesmith, Joel Palmer, Daniel 'Val do, 
Rev. 'Vm Roberts, the venerable Robert Moore, James IVI. 1\loore, Gen. 
Joseph Lane and Gen. Lovejoy, and many others who have recently arrived 
in the country.' Cor. of the Ur, Spectator, 
Jarch 27, 18.31. 
ð't30 r . Spectator, March 6, 1851; Lane's Autobiography, :MS., 57. 
C9 Five young women were sent out l)y 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-:\liss'Vands to Governor Gaines; :Miss Smith to 
Ir 
Beers; :l\1iss Gray to 
lr :McLeach; Miss Lincoln to Judge Skinner; and 
Iiss 
:l\1illar to Judge 'Vilson. Or. Sketches, .MS., 15; Grover's. Pub. Life in Or., 
ltIS., 100; Or. Spectator, :Marcb 13, 18.31. 



DEATH OF THURSTON. 


137 


and ,vhen they had closed his eyes forever, treasured 
up every ,vord that could be of interest to his bereaved 
,,
ife and friends. 70 Thus ,vhile preparing boldly to vin- 
dicate his acts and do battle ,vith his adversaries, he 
,vas forced to surrender the s,vord ,vhich ,vas too sharp 
for its scabbard, and not even his mortal remains were 
perlllitted to reach Oregon for t\VO years. 7I 
The reverence ,ve entertain for one on 'v hOln t.he 
gods have laiù their hands, caused a revulsion of feeling 
and an outburst of syn1pathy. Had he lived to nlake 
,var in his o\vn defence, perhaps l\.IcLoughlin ,voulcl 
have been sooner righted; but the people, ,vho as a 
lllajority blalned him for the disgraceful eleventh sec- 
tion of the land la,v, could not touch the dead lion 
,vith disdainful feet, and his party'" ho honored his 
talonts 72 and felt under obligations for his industry, 
protected his n1emory fronl even the implied censure 


70 l\Irs E. 1\1. 'Vilson, daughter of Rev. James P. :l\Iillar of Albany, New 
York, who soon followed his daughter to Oregon, gives some notes of Thur- 
ston's last days. ' He was positive enough,' she says, 'to make a vivid im- 
prpssion 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. Skf'tchGS, .MS" 16. 
71 The legislature in 1833 voted to remove his dust from foreign soil, 
and it was deposited in the cemetery at Salem; and in 1836 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, l\Iay 20, 1836; Odell's Biog. of Thurston, 
IS., 
37; 8. 1
 D. Alta, April 23, 1831. 
72 Thurston made his first high mark in congress by his ipeech on the 
admission of California. See Cong. Globp, 1849-50, app, 343. 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 be was 
assured that if he had asked for $30,000 after such a speech he would have 
received it. Or. Spectator, Aug. 22, 1830. 'Vith that tendency to see some- 
thing peculiar in a man who has identified himself with the west, the J..V. Y. 
Sun of :March 26, 1830, remarked: 'Coming from the extreme west'-he was 
not hvo years from 
Iaine-'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 tbe hall, which has created no little surprise.' A 
l\Iassachusetts paper also commented in a similar strain: '!\lr Thurston is a 
young man, an eloquent and effC'ctive debater, and a bold and active mall.. 
such as are found only in the west.' 



138 


A DELE<JATE TO CONGRESS. 


of undoing his ,york. And an felt that not he alone, 
but his secret advisers ,vere like,yise responsible. 
In vie,v of all the circlunstances of Thurston's 
career, it is certainly to be regretted, first, that he fell 
under the influence of, or into alliance ,vith, the nlis- 
sionary party; and secondly, that he had adopted as 
a part of his political creed the maxim that the end 
sanctifies the 111eans, by \yhich he n1Ïssed obtaining 
that high place in the estilnation of posterity to \yhich 
he aspired, and to ,vhich he could easily have attained 
Ly a 1110re honest use of his abilities. Associated as 
he is ,vith the donation la\v, \vhich gave thousands of 
persons free farms a mile square in Oregon, his narne 
is engraved upon the foundation stones of the state 
besiùe those of Floyd, Linn, and Benton, and of Gra- 
halH N. Fitch, the actual author of the bill before con- 
gress in 1850. í3 No other compensation had he ;74 and 
of that even the severest truth cannot deprive hin1. 
Thurston had accomplished nothing to\vard securing 
a fortune in a financial sense, and he left his ,vido\v 
,,'ith scanty means of support. The mileage of the 
Oregon delegate was fixed by the organic act at 
$2,500. It \vas afterward raised to about double 
that arnount; and ,yhen in 1856-7 on this ground a 
hill for the relief of his heirs ,vas brought before con- 
gress, the secretary of the treasury ,vas authorized 
to make up the difference in the mileage for that 
purpose. 


78 Congo Globe, 1850-51, app. xxxviii. 
74. Or. Statesman, April 14, 1857i Grover'8 Pub. Life, MS., 101. 



CHAPTER V. 


ADMINISTRATION OF GAINES. 


1830-18.32. 


AN OFFICIAL VACANCy-GAINES ApPOINTED GOVERNOR-HIS RECEPTION IS' 
OREGON-THE LEGISLATIVE ASSE:\IBLY IN SESSION-ITS PERSOYYEL- 
THE TERRITORIAL LIBRARy-LOCATION OJ' THE CAPITAL-OREGON CITY 
OR SALEM- 'V ARM AND PROLONGED COXTEST-Two L:EGISLATURES- 
"
AR BETWEEN THE LAW-MAKERS AND THE FEDERAL JUDGES-ApPEAL 
TO CÛ:NGRESS - SALEM DECLARED THE CAPITAL -A NEW SESSION 
CALLED-FEUDS OF THE PUBLIC PRESS-UNPOPULARITY OF GAINES- 
CLOSE OF HIS TERM-LANE ApPOI
TED HIS SUCCESSOR. 


FRO:\I the first of 
Iay to the middle of August 
1850 there was neither governor nor district jULIge 
in the territory; the secretary and prosecuting attor- 
ney, ,vith the United States lnarshal, adlninistered 
the governn1ent. On the 15th of August the United 
States sloop of \var l.?abnouth arrived fronl San Fran- 
ci
co, having on board General John P. Gaines,1 ne\vly 
appointed governor of Oregon, \vith his fan1Ïly, and 
other federal officers, nalnely: General Ed\vard Han1- 
ilton of Ohio,2 territorial secretary, and J uclge Strong 
of the third district, as before n1entioneel. 3 


1 According to A. Bush, of the Orp[}on Statesman, l\Iarshall of Indiana was 
the first choice of President Taylor; but according to Grover, Pub. Life in 
Úr" :MS., Abraham Lincoln was first appointed, and declined. 'Vhich of 
these authorities is correct is immaterial; it shows, however, that Oregon 
was consi(lered too far off to be desirable. 
2 Hamilton was born in Culpepm- Co., Va. He was a lawyer by profession; 
removeù to Portsmouth, Ohio, where he edited the Portwmollth 'Pribunp. He 
was a captain in the l\fexican war, his title of general being obtained in the 
militia service. . His wife was 1Iiss Catherine Royer. 
3 The other members of the party were Archibald Gaines, A. Kinney, 
James E. Strong, l\lrs Gaines, three daughters and two sons, 
Irs Hamilton 
and daughter, and 
Irs Strong and daughter. Gaines lost two daughters, 17 
and 19 years of age, of yellow fever, at 8t Catherine's, en route; and Judge 
Strong a son of five years. They all left New York in the United States 
( 139 ) 



140 


AD
1IXISTRA TION OF GAIXES. 


Con1Íng in greater state than his predecessor, t,he 
ne,v goyernor ,vas lnore royally ,velco1l1ed,4 by the 
firing of cannon, speeches, and a public dinner. In 
r
turn for these courtesies Gaines presented the ter- 
ritory ,vith a handsorne silk flag, a gift ,vhich Thurs- 
ton, in one of his eloquent encomiUIllS upon the 
pioneers of Oregon and their deeds, renlinded con- 
gress had never yet been offered by the govcrnn)ent 
to that people. But Governor Gaines ,vas not 
in- 
cerely ,velc(Hlled by the denlocracy, ,vho re
ented the 
reuloval of Lane, and ,vho on other grounds disliked 
the appointment. They \vould not have n10urned if 
when he, like Lane, ,vas cOlnpelled to make procla- 
nlation of the death of the president by ,vhom he \vas 
appointed,5 there had been the prospect of a removal 
in consequence. The grief for President Taylor ,vas 
not profûun(l ,vith the Oregon den1ocracy. He ,vas 
accused of treating them in a cold indifferent nlan- 
ner, and of lacking the cordial interest displayed in 
their affairs by previous rulers. N or ,vas the differ- 
ence whoIly ilnaginary. rrhere ,vas not the san1e 
incentive to interest \vhich the boundary question, 
and the contest over free or slave territory, had 
inspired before the establishnlent of the territory. 
Oregon was no\v on a plane with other territories, 
which could not have the national legislature at their 
beck and call, as she had done fornlerly, and the 
change could not occur ,vithout an affront to her feel- 
ings or her pride. Gaines ,vas ,vholly unlike the 
energetic and debonair Lane, being phlegnlatic in 


store-ship Supply, in November 1849, arriving at Ran Francisco in July 1850, 
where they were transferred to the Fa,lmouth. California (}olO'ifj', July 21, 
J8.;0; O'/', Spfctator, Aug, 22, 18.30; StrullY's l/ist. Or., 1\1S., 1, 2, I:j, 
4, The Or. State.çman of .March 28, 18.31, remarks that Gaines came a,round 
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 performcd the labor of his 
office. 
S President Taylor died July 9. 18.30. The intelligence was reccived in 
Oregon on the 1st of September. Friday the 20th was sct for the olJservance 
of religious funeral ceremonies by proclamation of Gaines. Or. Spectator" 
Sept. 5, 1850. 



LEGISLATIVE PROCEEDINGS. 


141 


temperalnent, fastidious as to his personal surround- 
ings, pretentious, pompous, and jealous of his dig- 
. nity.6 The spirit in ,vhich the denIocracy, ,vho ,vere 
n10re than satisfied ,vith Lane and Thurston, received 
the ,yhig governor, ,vas ominous of what soon fol.. 
lo,ved, a bitter partisan \varfa.re. 


There bad been a short session of the legislative 
asseillbly in 11ay, under its privilege granted in the 
territorial act to sit for one hundred days, twenty- 
seven days yet remaining. No tinle or place of Ineet- 
ing of the next legislature had been fixed upon, nor 
,vithout this provision could there be another session 
\vithout a special act of congress, which omission ren- 
dered necessary the 1fay term in order that this 
matter n1Ïght be attended to. The first Monday in 
Decelnbcr ,vas the time narned for the convening of 
the next legislative body, and Oregon City the place. 
The assen1bly relnained in session about t\VO weeks, 
calling for a special session of the district court at 
Oregon City for the trial of the Cayuse IIlurderers, 
giving the governor power to fill vacancies in certain 
offices by appointlnent, and providing for the printing 
of the la\vs, \vith a fe\v other enactments. 
The subject of subnlitting the question of a state 
constitution to the people at the election in June ,vas 
being discussed. The lueasure was favored by lllany 
,vho \vere restive under presidential appointnlents, anù 
who thought Oregon could more safèly furnish the 
tnaterial for executive and judicial officers than de- 
pend on the ability of such as might be sent thenl. 
The legislature, how'over, did not entertain the idea 
at its :\Iay ternI, on the ground that there \vas not 
titne to put the question fairly before the people. 
Looking at the condition and population of the t.erri- 
tory at this tÌlne, and its unfitness to assume the 


6 Lane himself bad 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 llot altogether true. Autobiography, :MS., 56-7. 



142 


ADMINISTRATIO
 OF GAINES. 


expenses and responsibilities of a state, the conclusion 
is irresistible that jealousy of the lead taken in this 
n)atter by California, and the aspirations of politi- 
cians, rather than the good of the people, prompted 
a suggestion ,yhich could not have been entertained 
by the tax-payers. 
On the 2d of December the legislative assen1bly 
chosen in June ll1et at Oregon City. It consisted of 
nine members in the council and eighteen in the 
lo\ver house. 7 W. \V. Buck of Clackanlas county ,vas 
chosen president of the council, and Ralph 'Vilcox of 
Washington county speaker of the house. 8 George 


7ll. P. Boise, in an aadress before the pioneer association in 1876, says 
that there were 23 members in the house; but he probably confounds this 
session with that of 18.31-2. The assembly of IR.30-1 provided for the increa
e 
of representatives to twenty-two. See list of Acts in Or. Statesman, J\Iarch 
28, 1831; Gfn. LU'l1)8 Or., 18.30-1, 22.3. 
8 The names of the councilmen and representativ.es are given in the fir
t 
number of the Oregon Statesman. 'V. ,Yo Buck, Samuel T. J\IcKean, Samuel 
Parker, and 'V. B. 
lealey were of the class which held over from 1840. I 
have already given some account of nuck and :l\IcKean. Parker and 
Iealcy 
were both of the immigration of 1845, Parker was a Virginian, a farmer al
d 
carpenter, but a man who interested himself in public affairs. He was a 
good man. J\1ealey was a Pennsylvanian; a farmer and l)hysician. 
Of the newly elected councilmen, James 11cßride has been mentioned as 
one of the immigrants of 1847. 
Richard .Miller of J\larion county was born in Queen Anne's county, l\lary- 
land, in 1800. He came to Oregon in 1847, and was a farmer. 
A. L. Humphrey of Benton county was Lorn in Litchfield, Connecticut, 
in 1796 and emigrated to Oregon in 1847. He was a farmer and merchant. 
Lawrence Hall, a farmer of 'Vashington county, was born in Bourbon 
county, Kentucky, 
1arch 10, 1800, and came to Oregon in 184.3, 
Frederick 'Yaymire, of l}olk county, a millwright, was born in :Montgomery 
county, Ohio, :March 15, 1807. He married Fanny Cochagan, of Indiana, llY 
w horn he had 17 children. He came to Oregon in 1843 and soon lJecame 
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 frienl1s in deseribing 'Vaymire. 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 llayden Hall. H<:> lmll 
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 <lied 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. I>. 
noise, in '1'raus. Or. Piorll'(>r Assoc., 1876, 27-8. His wife survived until 
Oct. 15, 1878, when she <lied in her 60th year. Three only of their chilJren 
arc 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 'Vilcox, 'Villiam 
I. King of 
'Vashington county, 'Villiam Shaw, 'Villiam Parker, and nenjamin F. !lard. 
ing of 
lariont the latter elected to fill a vacancy created by the death of E. 




IE:\IBERS OF ASSE
IBLY. 


143 


L. Curry Vi"'as elected chief clerk of the council, as- 
sisted by J anlCS D. Turner. Her111an Buck ,vas 
sergeant-at-arnls. Asahel Bush ,vas chosen chief 
clerk of the house, assisted by B. Gcnois. 'Villialll 
1-Iol1118S ,vas sergeant-at-arnls, and Septiu}us Heulat 
doorkeeper. 
The assel11bly being organized, the governor ,vas 
invited to 111a1\:e any suggestions; and appearing before 
H. Bellinger, who died after election; W. T. 
Iatlock, Benjamin Simpson, 
Hector Campbell, of Clackamas; 'Villiam 
lcAlphin, E. L. 'Valters, of Linn; 
John Thorp, H. N. V. Holmes, of Polk; J. C, Ayery, 'V. 
t Clair, of Benton; 
Aaron Payne, S. 11. Gilmore, 1Iatthew P. Deady, of Yamhill; Truman 1>. 
Powers, of Clatsop, Lewis, and Clarke counties. 
Of 'Vilcox I have spokcn in another place; also of Shaw, 'Valter, Payne, 
and .McAlphin. 'Villial11 1\1. King was born and bred in I.itchfie\l, Cenn., 
"hence he moved to Onondag
 county, X cw York, and su bsequcn tly to 
Pennsylvania and :Missouri. He came to Oregon in lOtS and ('ngagcd in 
busincßs in Portland, suon becoming known as a talented and unscrupulOl;S 
politician, as well as a cunning dcbater and successful ta:;tician. He Ï3 nu:ch 
censured in the early tcrritorial newspapers, partly for re21 faults, amI partly, 
no dou Lt, from rartisan feeling. He is c.1escribed Ly one who blew him as [1 (I'm 
frien
l f.nd bitter enemy. He died at Portlallll, after seeing it grow to 1 e a 
place of wealth and importance, Novcmbcr 8, 18GÐ, agcti GU years. II, N. \
. 
IIolmcs was born in'Vythe county, Va" in 1812, but rcmon
d in chillihood to 
!)ulßski county, cmi2Tating to Oregon in 1848. He settled iil a picturcsqee 
district of Polk county, in the gap between the Yamhill mIll La Creole vd- 
lcys. He ,,-as a gcntleman, of the old Kentucky school, was several times 3. 
member of the Orcgonlegislature, and a prosperous farmer. 
B. F. Harding, a native of \\Yyoming county, Penn., was born in 18
::?, 
and came to Ore
on in IS4U. He \vas a bWJ-er by profcssion, and sett'ed L
t 
Salem, for the interests of which place hc fa.ithfully bbored, and for 
,Iari:;n 
county, which rewarded him hy kecping him in a position of lu'ominellce tor 
many years. lIe marricd Eliza Cox of Salem in 1851. lIe lived la:er 
 n 
a fine farm in the cnjoyment of abundance and independence. J oh11 Thorp 
was captain of a company in the immigration of 1844, He was from :Madison 
county, Ky, and settled in Polk county, Ore
on, where he followed farm- 
i:ug. Truman P. Powers was born in 1807, aud brought up ill Chittenl
cn 
county, Vt, coming to Oregon in 1840. He scttlcd on the Columbia near 
Astoria. 'Yilliam Parker was a native of Derby county, E
.1:s1and, horn in 
1813, but removed when 
" child to New York. He was a farmer and l:õur- 
yeyor. Benjamin Simpson, Lorn in 'Vanen county, Tcnn., in 101Ð, was 
raised in Howarù county, 
1o., and came to Oregon in 1010, and enga3cd in 
merchandising. Hector Campbell was born in H::mpùen COl:llty, .Mass., in 
17
3, removcd to Ore 6 0n in 1840, and settled on a farm ill Clackamas cOl-;.nty. 
'Yilliam T. 
latlock, a lawycr, was bOTIl in Rhone county, Tennessee, in 
IS0
, removed when a child to Indiana, and to Ore
on ia lC47. Sam..1CI 11. 
Gilmorc, Lorn in Bedford coenty, Tcnn., in 1814, remon.a fIrst to Cla-y ::l
d 
then to Buchanan county, 11issouri, whence he emigrated in 1843, settìing 
in Yamhill county. 'V, St Clair was an immigrant of IS4G. 
Josc}ìh C. Ayery W:lS Lorn in Lucerne COUll
y, Penn., June Ð, 1817, and was 
educated at'VilkesLarre, the county seat. He removed to Ill. in HmO, v,-here 
he m::trried J\lartha 1\lars11 in 1841. Four years aftcrward he came to Oregon, 
spending the winter of 1843 at Oregon City. In the fol1ov;Tin.
 snrill
 he set- 
tled on a land claim at the mouth of l\lary's River, where in 1830 he laH1 out 
a town, calling it 11arysville, but asking the legijlature afterward to change 
the name to Corvallis, which was ùoue. · 



144 


ADMIYISTRATION OF GAINES. 


the joint legislature he read a 111essage of considerable 
Jength and no great interest, except as to SOllle items 

Iatthew Paul Deady was born in Talbot co" 1Id, )Iay 12,1824, of Irish and 
E:1glish a:lCe3try. His father, Daniel Dea.dy, was a native of Kanturk, Ireland, 
a:llL was a t
a(;h('r by profession. 'Vhen a young man he came to Baltimore, 

lù, where he soon married. After a few years' residence in the city he re- 
moved to 'Vheeling, Va, and again in 1837 to Belmont co., Ohio. Here the 
son wor
-.:eJ O.:l a brm until] 8U. For four yeara afterwarù he le:lrneLl bhck- 
smithing, a:ul attendel school at the BarnesviIb academy. From 184:> to 
1848 he tau
ht school and re:l.dhw with Judge 'Villiam Kennon, of St Clairs- 
vilIe, where he was admitted to the bar of the supreme court of Ohio, Oct. 26, 
1847. 1:11819 he c:tme to Oregon, settling at Lafayette, in Yamhill co., a
d, 
teJ.ching Hchool until t!w spring of 18.30, when he commenced tbe practice of 
t
l') b.w, a:J.ù in June of t
lO s:tme year was electetl a member of the legislature, 
arrù sen'ed on the judiciary committee. In IS:>1 he was elected to tbe council 
for two years, set'ving as chairman of the judiciary committee and president 
of the (;ouncil. In 1833 he was appointed judge of the territorial supreme 
court, and h
IJ the position- until Oregon was admitted into the Union, Feb. 
rTI
ry 14, IS.3!), a!ld Ül the mean time performed the ù.uties of district judge 
i:l th
 couthern district. He was a member of the constitutional conve:1tion 
of 1837, being presi<ll'nt of that body. His influence was strongly felt in 
formi:lg the cO:lstitution, some of its marked features being chiefly his wo
k; 
wllile i:l p
eventingthe adoption of othcr measures he was equally service
Lle. 
0:1 the admission of Oregon to stat
hooù he was elected a judge of the supreme 
court fro:n the southern district without opposition, and also received the 
p. 
poÏntmcnt of U. S, district judge. He accepted the latter positio:l a:3J re. 
moveù t3 Portland, where he has resided ùown to the present time, enjoying 
tl:e confidc::.1ce aUtI respect paid to integrity and ability in office. 
During the yearJ ]SG2-4, Judge Deacly prepared the codes of civil a!ld 
criminal procel1ure and the penal code, and procured their p3.ssage by t!le 
bgislature LL'J they c:une fL'o:n his hand, besides much other legi

latio:l, in- 
c1:111ing t!w gencr:::.l incorporation act of 18G2, which for the first time i:l tho 
U. S. m.1Je Incorporation free to any three or more perSO!lS wishing to e:'13:1
e 
i_l <:"':1y bw
nl enterprise or occupation. In 18G! and 18ï4 he made and pub. 
Ii :,heJ a gencrJ.l compilations of the hws of Oregon. 
lIe '7:1::; 0:1
 of the org:mizer3 of th
 Uaiversity of Oregon, and for over 
twelve yea:'3 has hee:! an active m
mber of the bo:trJ of regc:lts 
nd pre3i. 
dc'at of that body. For twcnty Y3ars he ha'3 been president of the L!.b

ry 
A'3sociJ.tÌoll of Portland, which under hi3 fostering care has grown to Le one 
of the mo...;t creditabb i:1stitutio:ls of the state. 
On various occasions J udgs Deacly has sat i:l the U. S, circuit court in Sa!l 
Franci3co, where he Ins given judgment in some celebrate:.l ca'3e3; among 
them arc :McCall v. .McDowell, I Deady, 233, in which he helù that the presi- 
dcnt coull not suspenù the habeas corpU3 act, the power to do so being vested 
in congress; .i\Iartilletti v. :McGuire, I Deady, 216, commonly called the Black 
Croo
t. case, in which he held that this spectacular exhibitio:l was not a dra- 
matic compositio:), and therefore not entitled to copyright; 'V oodrufI v. N. B. 
Gr
vel Co., D S::twyer, 441, commonly called the Vebris case, in which it was 
hclJ thJ.t the hydraulic miners had no right to deposit the waste of the mines 
in the watercourse3 of the stat3 to the injury of the ripJ.rian owners; and 
Sharon v. Hill, 11 Sawyer, 290, in which it was determineù that the so-called 
Illarriage contract betwe
m these pJ.rties was a. forgery. 
Oa the 24th of June, 18;:)2, Juùge Deady was married to Miss Lucy A. 
He.:1ùerso:l, a daughter of RoLert and Rhoda Henùerson, of Yamhill co., who 
cJ.me to Oregon lJY the southern route in 184G. 1\11' Henderson was Lorn iu 
Gree:l co., Tenn., Feb. H., 18
m, and removed to Kentucky in 1831, aud to 

lissouri in IS:34. 1\lrs Dt'ady i3 l)ossessed of many charms of person and 
character, anù is distinguished for that tact which rendera }wr at ease in all 
statio:ls of life. Her chilùren are three sons, Eclward Nesmith, Paul Robert, 
an1 Henùerson Brooke. The first two have Leen a.dmitted to the bar, the 
thirJ is a physician. 



LOCATION OF THE CAPITAL. 


145 


of infornlation on the progress of the territory toward 
securing its congressional appropriations. The fiyc 
thousand dollars granted in the organic act for erect- 
ing pul,lic buildings was in his hands, he said, to 
which \vould be added the forty thousand dollars ap- 
propriated at the last session; and he recolllmendcd 
that some action be taken ,vith 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 aSSeITI- 
bly, had been expended, and the books placed in a 
roon1 furnished for the purpose, the custody of ,vhich 
was placed in their hands. () 
The legislative session of 1850-1 was not harmo- 
nious. There ,vere quarrels over the expenditure of the 
appropriations for public buildings and the location of 
the capital. -Lt\lthough the foriner assembly had called 
a session in l\fay, ostensibly to fix upon a place as ,yell as 
a tin1e for convening its successor, it had not fixed the 
place, and the present legislature had COine together 
by COInmon consent at Oregon City. Conceiving it to 
be proper at this session to establish the seat of go v- 
ernn1ent, according to the fifteenth section of the or- 
ganic act, ,vhich authorized the legislature at its first 
session, or as soon thereafter as n1Ìght be expedient, 
to locate and establish the capital of the territory, 
the legislature proceeded to this duty. Tbe only 
places put in conlpetition with any chance of success 
were Oregon City and Salen}. Bet\veen these there 
was a lively contest, the n}ajority of the assenlbly, 
backed by the 111issionary interest, being in favor of 
Salem, ,vhile a nlinority, and 111any Oregon City lobby- 
ists, ,vere for keeping the seat of government at that 
place. In the heat of the contest Governor Gaines un- 
,visely interfered by a special 111essage, in which, \vhile 
Scattered throughout this history, and elsewhere, are the evidences of 
the manner in which Judge Deady has impressed himself upon the institu- 
tions of Portlantl 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,OOO worth of the books for tlY4 
public library, and Gov. Gaines the remainder. 
HIST, OR., VOL. 11. 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, ,vhich distinctly said that tho lnoney there ap- 
propriated should be applied by the governor; and 
also, that the act of June 11, 1850, Inaking a fur- 
ther appropriation of t,venty thousand ùollars for the 
erection of puLlic buildings in Oregon, declared that 
the llloney ,vas to be applied by the governor and 
the legislative assembly. He further called their at- 
tention to the ,vording of the sixth section of the act, 
",
hich declared that every la,v should have Lut one 
object, ,vhich should be expressed in the title, ,vhile 
the act passed by the legislative assembly embraced 
several objects. He gave it as his opinion that the 
la,v in that fornl ,vas unconstitutional; but expressed 
a hope that they ,vould not adjourn ,vithout taking 
effect.ual steps to carry out the reconl111endation he 
had l1lade in his 111eSsage at the beginning of the 
session, that they would cause the public buildings to 
be erected. 
The location bill, which on account of its en1bracing 
several objects received the name of the olnnibus 
bill/ o passed the assembly by a vote of six to three in 
the council and ten to eight in the house, Salel11 get-, 
ting the capital, Portland the penitentiary,tl Corvallis 
the university, and Oregon City nothing. The mat- 


lOThe Gaines 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 aud penitentiary, 
authorizing them to select one of their number to be acting commissioner and 
give honds in the sum of $20,000. The state-house board consisted of John 
Force, H. M:. \V aller, 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- 
fineù in separate cells, Or. 8pertator, l\1arch 27, 1851; Or. Statllte.
, 18.33-4, 
509. That Oregon City should get nothing under the embarrassment of the 
II th scction of the donation law was natural, but the whigs and the prop- 
erty-owners there may have hoped to change thc 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 wcre accused of bribery, 
and there were the usual mutual recriminations. Or. Spectator, Oct. 7 and 
Nov. 18, 18'-:;1. 



147 
ter rapidly took shape as a political Ì::5sue, the demo- 
crats going for Salerll and the \vhigs for Oregon City, 
the question being still considered by many as an 
open one on account of the alleged unconstitutionality 
of the act. 12 At the saIne tiIlle t\VO ne\vspapers \vere 
started to take sides in territorial politics; the Ore- 
gonian, ,,,hig, at Portland in Decelnber 1850, and 
the Oregon Statesman, delTIocratic, at Oregon City in 

Iarch follo\ving. 13 A third paper, called the Tirnes, 
,vas published at Portland, beginning in 
Iay 1851, 
,vbich changed its politics according to patronage and 
ci renulstan ces. 


POLITICAL JOURNALS. 


1
 Id., July 29, 185]; Or. Statesman, Aug. 5, 1851; SEd COYlg., bit Ses,fl., 
H. Ex. Dol'. 94,2-32; Ill., 96, vol. ix. 1-8; Id., 104, vol. xii. 1-24; 32d Cong., 
1s1 Se.'(,<;., 11. JJ1isc. Doc. 9, 4-5. 
'3 Thc Oregon i(u
 was founded by T, J. Dryer, who had been previously en. 
gaged upon the California Courier as city editor, and was a weekly journal. 
Ðryer brought an old Ramage press from San Francisco, with some second- 
hand material, which answered his purpose for a few months, when a new 
'Vashington press and new material came out by sea from N ew York, and 
the old one was sent to Olympia to start the first l)aper published on Puget 
Sound, call cd the Columbian. In time the 'Vasbington .press was displaced 
by a power press, and was sold in 1862 to go to 'Valla 'Val1a, and afterward 
to Ïdaho. Dryer conducted the Oregonian with energy for ten years, when 
the paper passed into the hand::) of H. L. Pittock, who first began work upon 
it a
 a printer in 1833. It has since become a daily, and is edited anù partly 
owned by Harvey \V. Scott. 
The Statesman was founded by A. \V. Stockwell and Henry Russel of 
:Massachusetts, with Asahel Bush as editor, It was published at Oregon City 
till June 18.33, 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 gO\'ernment was relocated there a few months later. As a party 
paper it was conducteù 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 'Vait 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 or the Uniord."t, 
and ceased to exist as the Oregon StatL!srll,an, 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. 'Thc number of those who 
were connected with thc paper as contributors to its columns, who have 
ri::;en to distinguished positions, is rcckoned by the dozen.' Salem Dl1"ectm'y, 
18i1; 0,". Statesman, .March 28, 1851; [d., July 2.3, 1854; Bl"Own's JVill. 
Vul., :MS., 34; Portland Ol'f[Jonian, April 15, 1876, Before either of these 
papers was started there was estahlished at Milwaukie, a few miles below 
Oregon City, the l1Iilwllllkie Star, the first number of which was issued on 
the 21st of November 1850. It was owned princip:1l1y by Lot'Vhitcomb, 
the proprietor of the town of 
lilwaukie. Thc prospectus stated that Carter 
anù 'Vaterman were thc printers, and Orvis 'Vaterman editor. The paper 
ran for three months under its first management, then was purchased by the 



148 


AD
n
ISTRATION OF GAIXES. 


The result of the interference of the governor \vith 
legislation \yas to bring do\vn upon !liBl bitter denun- 
ciations fron1 that body, anù to Inake the feud a per- 
sonal as \vel1 as political one. 'Vhell the assenlhly 
proyided for the printing of the public docUlnonts, it 
voted to print neither the governor's annual nor his 
special message, as an exhibition of disapprobation at 
his presun1ption in offering the latter,14 assuming that 
he \vas not cal1ed upon to adùress thell1 unless invited 
to do so, they being invested by congress \vith p()\ver 
to conduct the public business and spend the public 
llloney \yithout consulting hirn. But \v h ile the legis- 
lators quarrel1ed ",vith the executive they ,vent on 
\vith the business of the cOlIlnlOn\vealth. 


The hurried sessions of the territorial legislat,ure 
had effected little inlprovenlent in the statutes \vhich 
\vere still in great part in lnanuscript, consisting in 
lllany instances of l11ere reference to certain Io\va 
la\vs adopted \vithout change. An act. \vas passed for 
the printing of the laws and journals, a.nd Asahel 
Bush elected printer, to th0 disappointnlent of Dryer 
of the 01"egonian, \v ho had built hopes on his political 
vie\vs \yhich ,vere the san1e as tho
e of the lle\V ap- 
pointees of the federal governnlent. But the terri- 
torial secretary, Hamilton, literally took the la\v into 
his o\vn hands and sent the printing to a N e\v York 
contractor. Thus the war \vent on, and the la\vs 
were as far as ever from being in an intelligible state, 1;; 


printers, and in l\Iay 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 puhlished till 1804, recording in the 
mean time many of the early incidents in the history of the country. Portland 
Oregonian, 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 coulù 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, 1831, but the list of laws passed at the session of 1850-1 contains 
none on marriage. A marriage law was enacted by the lcgislature of 1851-2. 



OREGON ARCffiVES. 


149 


although the most ilnportant or latest acts ,vere pub- 
lished in the ne\Yspapers, and a volume of statutes 
\vas printed and bound at Oregon City in 1851. It 
,vas not until January 1853 that the assenlbly pro- 
vided for the conlpilation of the la\ys, and appointed 
L. F. Grover cOlnn1Ïssioner to prepare for publication 
the statutes of the colonial and territorial governlneuts 
froln 1843 to 1849 inclusive. The result of the con1- 
111issioner's labors is a small book often quoted ill these 
pages as OT. Lenos, 1843-9, of nluch value to the his- 
torian, but \v hich, nevertheless, needs to be confirnlcd 
by a close comparison ,vith the archives compiled and 
printed at the same tinIe, and with corroborative 
eyents; the dates appended to the la\vs being often 
several sessions out of time, either guessed at by the 
compiler, or mistaken by the printer and not corrected. 
In nlany cases the la \VS themselves are 111ere abstracts 
or abbreviations of the acts published in the 
'Y)ec- 
tator. 16 
Nor ,vere the archives collected any more complete, 
as boxes of loose papers, as late as 1878, to lllY kno\vl- 
edge, ,vere lying unprinted in the costly state-house" 
at Salem. J\Iany of them have been copied for IllY 


Among men inclined from the condition of society to early marriages, as I 
ha\Te before mentioncù, the wording of the donation law stimulated the <lesire 
to ll1arry in order to become lord of a mile square of land, while it illtluenced 
women to the same mt:asure, as it was only a wife or widow who was entitled 
to 3
0 acres. !\lallY uuhappy unions were the consequence, and numerous 
divorcps. Deady's lIi,;t. Or., .MS., 33; JTictO'i"s New Penelope, 19-20. 
16 P'llblic Life 'in Oreflon is one of the most scholarly and analytical contri- 
butions to history which I was D ble to gather during my many intervicws of 
IS78. Besides being in a measure a political history of the country, it abounds 
with life-like sketches of the public men of thc day, givcn in a clear and fluent 
style, and without apparent bias. L. F. Grover, the author, was born at Bethel, 

Iaine, Nov. 29, 18
3. He came to California in the winter of 18,"jO, and 
to Oregon early in 1831. He was almost immediately arpointed clerk of 
the first judicial ùistrict by Judge Nelson. He soon afterward r
ceived 
thc 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 protegé of Thurston, ,,\110 had known him in 
lYlaine, and advised him when admitted to the bar in Phi]a<lelphia to go to 
Oregon, where he would take him into his own office as a law-partner; hut 
Thurston dying, Grover was left to introduce him::;elf to the ncw common- 
wealth, which he ('id most successfully. G'rore.r's Puù. Life in Or., .MS., 100-3; 
Yreka Union., April 1, 1870. 



150 


AD
IIXISTRATION OF GAINES. 


,york, and constitute the nUlnuscript entitled Oregon 
ATcAil'es, froln ,vhich I have quoted n10re '\Tidely than 
I should have done had they been in print, thinking 
thus to preserve the lnost ilnportant information in 
then1. The san1e legislature ,vhich authorized Grover's 
,york, passed an act creating a board of cOlnn1issioners 
to prepare a code of la,vs for the territory,17 and elected 
J. !{. Kelly, D. R. Bigelo\v, and R. P. Boise, ,vho 
,vere to meet at Salen1 in February, and proceed to the 
discharge of their duties, for \vhich they ,vere to re- 
ceive a per diem of six dollars. 18 In 1862 a new code 
of civil procedure ,vas prepared by Matthe\v P. Deady, 
then United States district judge, A. C. Gibbs, and 
J. K. Kelly, and pa
scd by the legislature. The work 
,vas perforlned by Judge Deady, ,vho attended the 
session of the legislature and secured its passage. The 
salne legislature authorized hin1 to prepare a penal 
code and code of crin1inal procedure, which he did. 
This ,vas enacted by the legislature of 1864, ,yhich 
also authorized hÏ1n to prepare a compilation of all the 
laws of Oregon then in force, including the codes, in 
the order and 111ethod of a code, 'v hich he did, and en- 
riched it with notes containing a history of Oregon 
legislation. This con1pilation he repeated in 1874, by 
authority of the legislature, aided Ly Lafayette Lane. 

Iean,vhile the ,york of organization and nation- 
l1)aking ,vent on, all being conducted by these early 
legi
lators ,vith fully as IDuch honesty and intelligence 
as have been generally displayed by their successors. 
Three ne\v counties were established and organized 
at the session of 1850-1, namely: Pacific, on the north 
side of the ColunlLia, 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 supportcd IJY 
De
dy, then president of thc council; and thus the code system was begun in 
Oregon with reformed practice and proceedings. At the samc time, Thurs- 
ton, it is said, when in 'YashingtoIl, advised the appointment of conuuis- 
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, 
$G,COO, to pay the cost. 
Hi Ur. Statutes, 1853-3, 57-8; Or. Statesman, Feb. 5, 1853. 
III See 0,'. Gen. Lwcs, 181;3-72. 



COUNTIES AND JUDICIAL DISTRICTS. 


151 


all that portion of the Willalnette Valley south of 
Benton and Linn ;20 and Umpqua, cornprising all the 
country south of the Calapooya mountains and heaJ- 
,vaters of the \Villanlette. County seats ,vere located 
iu Linn, Polk, and Clatsop, the county seats of Clack- 
aUlas and Washington having been established at the 
IJrcyious sessions of the legi
lature. 21 
The act passed by the first legislature for coHecting 
the county and territorial revenues \vas anlended; and 
a la\v passed legalizing the acts of the sheriff of Linn 
county, and the probate court of Yan1hill county, 
in the collection of taxes, and to legalize the judicial 
proceedings of Polk county; these being cases w'here 
the la ,vs of the previous sessions \vere found to be in 
conflict ,vith the organic act. Some difficulty had 
Leen encountered in colloctillg taxes on land to 'v hich 
the occupants had as yet no tnngible title. The salne 
feeling existed after the passage of the donation la,v, 
though ::iOn1e legal authorities contended, and it has 
since been held that the donation act gave the occu- 
pant his land in fee sinlple, and that a patent ,vas 
ouly evidence of his o,vnership.22 But it tùok IHore 
titlle to settle these questions of la,v than the people 
or the legislature had at their comlnand in 1850; 
hence cOllfiicts arose \v hich neither the judicial nor 


20 Eugene City Guard, July 8, 1876; Eugene City State Journal, July S, 
1876, 
II It is difficult determining the value of these enactments, when for sev- 
eral scssions one after the other acts with the same titles appear-instance 
the county seat of Polk county, which was located in 1849 and again in 18.30. 
22 Deady's Scrap Book, 5. For some years :Matthew P. Deady cmployed his 
leisure lllOlllC'nts as a correspondent of the San Francisco Bulletin, his subjccts 
often being historical and biographical matter, in which he was, from his 
habit of comparing evidence, very correct, and in which he sometimes enun- 
ciatcd a legal opinion, His lctters, collectcd ill the form of a scrap-Look, 
".cre kindly loaned to me. From these Scraps I have drawn largely; aIlcl 
still 111 ore frequcntly from his Hi..40ry of Oreyoll, a thick manuscript volume 
gi,.en to me from his own lips in the form of a dictation while I was in Port- 
L nd 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, amI well 
digested a store of facts, the recital of which to me was a ncver failing 
source of wondcr and admiration. His legal decisions and public addresses 
ha,'e also heen of great assistance to me, being frcc from the injudicial bias of 
many authors, and hence most substantial lliaterial for history to rest upon. 
Further than this, Judge Deady is a graceful writer, anù always interesting. 
As a man, he is one to whom Oregon owcs much. 



152 


ADl\IINISTRATION OF GAINES. 


tho legislative branches of the government could at 
once satisfactorily terulinate. 
The legislature an1ended the act laying out the 
judicial district.s by attaching the county of Lane to 
the first and U nlpqua to the second districts. This 
distribution made the first district to consist of Clack- 
alnas, l\Iarion, Linn, and Lane; the second of \Vash- 
ington, Yam hill, Benton, Polk, and U Il1pqua; and the 
third of Clarke, Le\vis, and Clatsop. Pacific county 
\yas not provided for in the anlendment. The judges 
,vere required to hold sessions of their courts t\vice 
annually in each county of their districts. But le
t 
in the future it might happen as in the past, any 011e 
of the judges \yas authorized to hold special terlYJS in 
any of the districts; other la\vs regulating the practice 
of the courts ,vere passed,23 and also la\vs regulating 
the general elections, and ordering the erection of 
court-houses and jails in each county of the territory. 
They amended the COllllllon school la"v, abolishing 
the office of superintendent, and ordered the election 
of school exanliners; incorporated the Young IJadics' 
.L
Ca(.lenlY of Oregon City, St Paul's J\Iission Fcnlale 
Sen1Ínary, the First Congregational Society of Port- 
land, the First Presbyterian Society of Clatsop 
plains; incorporated Oregon City and Portland; lo- 
cated a nun} ber of roads, notably one frol11 Astoria 
to the Willamette Valley ,24: and a plank -road froln 
Portland to Yalnhill county; and also the Yan1hill 
Bridge COlnpany, \vhich built the first great bridge 
ill the country. These, \vith Hlany other less iUlpor- 
tant acts, occupied the assen1bly for sixty days. 
1"hur
ton's advice concerning melnorializing congre8s 


23 Or, Gen. Laws, 1850-1, 158-164. 
24 This 'HtS a scheme of Thurston's, who, on the citizens of Astoria peti- 
tioning cOllgress to open a road to the 'Villamette, propose(l to accept S 1 0, COO 
to huild the hriùges, promising that the people wouh1 Imih1 the road. He 
then advi::;ed the legislature to go on with the location, leaving it to him to 
manage thc appropriations. Lane finished his work in congress, and a gov- 
ernment officer expcnded the appropriation without henefitillg the Astorians 
beyond disLursing the money ill their midst. See 31st Cony., 1:;t Be::;s, , 11. 
U01n. llcjJt" 3.48, 3. 



A NE\V DELEG.A.TE. 


1.'53 


to pay the relnaining expenses of the Cayuse war ,vas 
acted upon, the cOlnrni ttee consisting of l\icBride, 
Parker, and Hall, of the council, and Deady, Sin1pson, 
and IIarding of the house. 25 Nothing further of iUl- 
porta nee \vas done at this session. 


vVhen the legislative assembly adjourned in Feb- 
ruary, it ,vas kno,vn that Thurston ,vas returning to 
Oregon as a candidate for reëIectiol1, and it ,vas ex- 
pected that there \vould be a heated canvass, but that 
his party ,vould probably carry hin1 through in spite 
of the feeling 'v hich his course \vith regard to the 
Oregon City claim had created. But the unlooked 
for death of Thurston, and the popularity of I
ane, 
,vho, Leing of the san1e political sentin1ents, and gen- 
erously "Tilling to condone a fault in a rival ,vho had 
cOllfirlued to hin1 as the purchaser of Abernethy Isl- 
and a part of the contested land clain1, l11ade the 
ex-governor the 1110st fitt.ing suLstitute even ,vith 
Thurston's personal friends, for the position of dele- . 
gate frol11 Oregon. SOlne efforts had been made to 
injure Lane by anonYIDous letter-\vriters, \vho sent 
to the Þtell) York Tribune allegations of intemperance 
and illlproper associations,26 but \vhich ,vere sturdily 
repelled by his denlocratic friends in public 111eetings, 
and \vhich could not have affected his position, as 
Gaines ,vas appointed in the usual round of office-giv- 
ing at the beginning of a new presidential and party 
adlllÍnistration. That these attacks did not seriously 
injure hil11 in Oregon ,vas sho\vn by the enthusiasrn 
\vith \vhich his nOlnination \vas accepted by the Ina- 
jOl'ity, and the result of the election, a8 ,veIl a8 by the 
fact of a county having been narned after hiln Let\veen 
his rC1110val as governor and non1Îllation as delegate. 
The on1yobjection to Lane, \vhich seen1ed to carry 
any 'v eight, ,vas the one of Leil1g in the territory 


2j:J:Jd Cong., 1st Bess., II. Jour., 1039, 1224. 
2GThewriter signcd himself 'Lansùale,' but was probabJyJ, Quinn Thorn- 
ton, \';ho aùmits \"Titin3 such letters to get Lane removr:d, but givcs a ùÜïercnt 
soLrique
 as I have alreaùy mentioneù -that of ' Achilles de Harley.' 



154 


AD:\IINISTRATION OF GAIl\TES. 


\vithol1t his fanlily, \vhich gave a transient air to his 
patriotisnl, to \vhich people objected. They felt that 
their representative should be one of themselves in 
fact as \vell as by election, and thi8 Lane declared his 
intention of beco1l1ing, and did in fact take a claiul on 
the Unlpqua River to sho,v his \villingness to becorne 
a citizen of Oregon. The opposing candidate \vas \V. 
II. 'Villson, \vho ,vas beaten by eighteen hundred or 
t\VO thousand votes. As soon as the election \vas 
over, Lane reterned to the lately discovered rnining 
di
tricts in southern Oregon, taking ,vith hirn a strong 
party, intending to chastise the Indians of that sec- 
tion, T
yho \vere becol11ing lllore and lllore aggressive 
as travel in that direction increased, and their profits 
fro1l1 robbery and lnurder becalne n10re iUlportant. 
That he should take it upon hinlself to do this, \v hen 
there \vas a regularly appointed superintendent of 
Indian affairs-for Thurston had persuaded congress 
to give Oregon a general superintendent for this \vork 
alone-surprised no one, but on the contrary appeared 
to be \y hat \vas expected of hirn from his aptituùe in 
such 111atters, \vhich becan1e before he reached Rogue 
River Valley \vholly a 111Ïlitaryaffair. The delegate- 
elect \vas certainly a good butcher of Indians, \vho, as 
\ve have seen, cursed thel11 as a lnistake or dan1nable 
infliction of the Aln1ighty. And at this noble occu- 
pation I shall leave hi Ill, \vhile I return to the history 
of the executive and judicial branches of the Oregon 
governrnent. 


Obviously the tendency of office by appointlnent 
instead of by popular election is to Inake men indiffer- 
cut to the opinions of those they serve, so long as they 
are in favor \vìth or can excuse their acts to the ap- 
pointing pO\Yer. The distance of Oregon fro in the 
seat of general goverOlnent and the lack of adequate 
· Inail service lnade the Gaines faction 1110re tha.n usu- 
ally indcpenùènt of censure, as it also rendered its 
critic
 11101'0 iUlpatient of \vhat they looked upon as an 



CENSURE OF JUDGES. 


155 


exhibition of petty tyranny on the part of those \vho 
\vere present, and of culpable neglect on the part of 
tho88 \vho relnained absent. Fron1 the date of Judge 
Bryant's arrival in the territory in L
pril 184
, to the 
1st of January 1851, \vhen he resigned, he had spent 
Lut five 1110nths in his district. Frolu Decelnber 1848 
to August 1850 Pratt had been the only judge in 
Oregon-excepting Bryant's brief sojourn. Then he 
\vent east for his fan1Ïly, and Strong \vas the only 
judge for the eight nlonths follo\ving, and till the 
return about the last of April 1851 of Pratt, accom- 
panied by Chief Justice Thoillas Nelson, appointed in 
the place of Bryant,21 and J. R. Preston, surveyor- 
general of Oregon. 
The judges found their several dockets in a condi- 
tion hardly to justify Thurston's enconliums in con- 
gress upon their excellence of character. The freedo1u 
cnjoyed unòer the provisional governn1ent, due in part 
to the absence of tenlptation, \v hen all 111en \vere 
laborers, and \vhen the necessity for lnutual help and 
protection deprived theln of a n10tive for violence, had 
ceased to be the boast and the security of the coun- 
try. The presence of la\vless adventurers, the abun- 
dance of n1oney, and the absence uf courts, had tended 
to deyelop the crill1inal ele1nent, till in 1851 it becanle 
notorious that the causes on trial \vere oftener of a 
crinlÏnal than a civil nature. 28 


27 .J..lfemo1'Ïal of the Le[ji.Cllative Assembly of 1851-2, in 32d Cong., 1.Clt Se.s r .;., 
II. AIisc. Doc., ix. 2-3, Thomas Nelson was born at Pcckskill, New York, 
January 23, 1819. He was the third son of \Yilliam Nelson, a represen- 
tative in congrcss, a lawyer by profession, and a man of worth and public 
spirit. Thomas g!'aduateJ at \Villiams college at the age of 17. TIcing still 
vcry young he was placed under a private tutor of ability in NcwYork city, 
that he might study literature and the French language. He also attcnded 
medical lectures, acquiring in various ways thorough culture and scholarship, 
after which he added European travel to his other sources of knowledge, 
finally adopting law as a profession. Advancing in the practice of the law, 
he became an attorney and counsellor of the supreme court of the United 
States, and was practising with his father in \Vestchcster county, .KewYork, 
whcn he was appointed chief justice of Oregon, J udge Nelson's private 
character was faultless, his manners courteous, and his bearing modest and 
refined. Li,.iJlyston's Bio[J. Sketches, 69-72; S. R. Thurston, ill Ur. Spectator, 
April 10, 18.31. 
'l.B StrOU!/'8 Hi8t. Or., 1\18" 14. On the 7th of January 18.31 \Villiam Ham- 
ilton was shot and killed near Salem by \Villiam Kendall on whose lantl claim 



156 


AD
IIKISTRATION 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 
Inet'ting held in Portland April 1st., it ,vas resolved 
that the president of the United States should be 
illforn1ed of the neglect of the judges of the first and 
second districts, no court having been held in \Va:--;h- 
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 ::\Iarch to try 
l\:elltIall, who was defcntIcd by "T. G. T'Vault aud ß. F. Harding, convicted, 
scntenced by J l1dge Strong, and executed on the 18th of April, there being 
at the time no jail in which to contine criminals in :l\Iarion county. About 
the same time a sailor named Cook was shot by,rilliam Keene, a gambler, 
in a dispute about a game of tcn-pins. R.eene was also tried before Judge 
Strong, convicted of manslaughter, antI sentenced to six years in the peniten- 
tiary. As the jury had decided that he ought not to hang, anù he t
ould not 
be confined in an imaginary penitentiary, he was pardoned by the governor. 
Or. StaÜ8man, :May 16, 18.31. Creed Turner a few months after stabLell and 
killed Edward A. Bradbury from Cincinnati, Ohio, out of jealousy, both 
being in love with a :Miss Bonser of Sauvé Island. Deady dcfended him 
before Juùge Pratt, but he was convicted and hanged in the autumn. Id., 
Oct. 28, 18.31; Deady's [list. Or" 
IS., 59. In Fcb. 18.32 'Villiam E\'erman, 
a ùesperate charactcr, shot and killed Serenas C. Hooker, a worthy farmer of 
Polk county, for accusing him of taking a watch, He also was convictcd and 
hange(1. He had three associates in crime, Hiram Everman, his brother, who 
plead guilty and was sentenced to three years in the penitentiary; Enoch 
lllith, 
who escaped. by thc dis
greement of the jury, was rearrested, tried again, 
scntcnced to ùeath, and finally l)ardoned; and David J, Coe, who hy obtaining 
a change of venue wa:::! acquitted. As there was no prison where Hiram 
Eyerman could serve, he was publicly sold by the sheriff on the day of his 
brother's cxecution, 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 
)Tcars his wife left him for some cause unknown. He shot himself in April 
1877, intentionally, as it was believed. Salem l11erczwy, Al'rill8, 1877, About 
the time of the formcr murder, Nimrod O'Relly, in Benton couuty, killed J ere- 
miah :ßIahoney, in a quarrel about a land-claim. He was sentenced to the peni- 
tentiary and pardoned. In August, in Polk county, Adam E, 'Vimple, 3.3 
years of age, murdered his wife, a girl of fourteen, setting fire to the house 
to conccal his crime. He had married this child, whose name was l\lary 
Allen, about one year before. 'Yimple was a native of New York. S. 1(
 
Alta, Sept. 28, 18.32. He was hanged at Dallas October 8, 18.32. 07". Sfat()s- 
'lnau, Oct, 23, 1852. Robert :Maynard killed J. C. Platt on Rogue Riyer 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 
'V. 'V. }
owler, temporarily elected judge, and hanged. Prim's Judic. AjJèÛrs 
ill. Sout!zrrn Or., ThIS., 10. In July 185:3, 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 larccny: and frequent jail deliveries were ('ffected, thcse struc- 
tures being built of logs and not guarded. In two years after the discoyery 
of gold in California, Oregon had a criminal calender as large in proportion to 
the population as the older st.'ìtes. 



1 


EXPULSION OF NEGROES. 


157 


could be made for the adnlÏnistration of the la\ys. 
The president should be plainly told that there \vere 
"l11auy respectable individuals in Oregon capable of 
discharging the duties of judges, or filling any offices 
under the territorial governnlent, \vho \vould either 
discharge their duties or resign their offices. "29 The 
arrival of the ne\v chief justice, and Pratt, brought a 
ten1porary quiet. Strong \vent to reside at Cathlamet, 
in his o\vn district, and the other judges in theirs. 
At the first ternl of court held in Clackamas county 
by Chief Justice Nelson, he \vas called upon to decide 
upon the constitutionality of the la\v excluding negroes 
fron1 Oregon. This la\v, first enacted by the provis- 
ionallcgislature in 1844, had been amended, reënacted, 
and clung to by the la\v-makers of Oregon \yith sin- 
gular pertinacity, the first territorial legislature reviv- 
ing it aillong their earliest enactments. Thurston, 
\vhen questioned in congress concerning the n1atter, 
defended the law against free blacks upon the ground 
that the people dreaded their influence among the 
Indians, \vhom they incited to hostilities. so Such a 
reason had indeed been given in 1844, \vhen t\VO dis- 
orderly negroes had caused a collision bet\veen \vhite 
1118n and Indians, but it could not be advanced as a 
sufficient explanation of the settled deterluination 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 tilne they had fought the 
savages, \vithout finding the negroes a dangerous e1e- 
Il1ent of their population. It ,vas to quite another 
cause that the hatred of the African \vas to be ascribed; 
naillely, scorn for an enslaved race, \vhich refused 
political equality to n1en of a black skin, and which 
nlÏght raise the question of slavery to disturb the 
peace of society. It was not enough that Oregon 


29 Or. Statpsman, April II, 1851. Among those taking part in this meet- 
ing were 'v. ,v. Uhapmall, D. H, Lounsdale, H. D. O'Bryant, J. S. Smith, 
Z. C. Norton, S. Coffin, 'V. B. Otway, and N . Northrop. 
so Cun!). Globe, 1849-50, 1079, 1091.. 



'" 


158 


ADMIXISTRATION OF GAINES. 


should be a free territory \v hich could not n}ake a 
bondsman of a black Ulan, but it n1ust exclude the 
relnainder of the conflict then raging on his behalf in 
certain quarters. Judge Nelson upheld the constitu- 
tionality of the la\v against free blacks, and t\VO of- 
fenders \vere given thirty days in \vhich to leave the 
terri torv. 31 
The Judges found a large number of indictments in 
the first and second districts. 32 The most inlportant 
case in Yan1hill county \vas one to test the legality 
of taxing land, or selling property to collect taxes, 
and \vas brought by C. 
I. Walker against the sheriff, 
Andre\v Shuck, Pratt deciding that there had been 
no trespass. In the cases in behalf of the United 
States, Deady \vas appointed conlnlissioner in chan- 
cery, and David Logan 33 to take affidavits and 
ackno\vledgrneuts of bail under the la\ys of congreSR. 
The la\v practitioners of 1850-1-2 in Oregon had tho 
opportunity, and in many instances the talent, to 
stan1p thernselves upon the history of the COIIl111011- 
wealth, supplanting in a great degree the n}cn \vho 
were its founders,34 \vhile endeavoring to rid the terri- 


31 By a curious coincidence one of the banished negroes was 'Vinslow, the 
culprit in the Oregon City Indian affair of 1844, who had lived since thcn at 
the mouth of the Columbia. Vanderpool was the other exile. S. F. Alta, 
Sept. 16, 18;)1; Or. Statpsmtln, Stpt. 2, 1831. 
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. 
3:J Logan was born in Springfield, Ill., in 1824. His father was an emincnt 
lawyer, and at one time a justice of the supreme court of Illinois. Da,'id im- 
migrated to Oregon in 1830 and settled at Lafayette. He ran against Deady 
for the legislature in 185] and was beaten. Soon after he removed to I>ort- 
land, whcre he became distinguished for his shrewdness and powers of oratory, 
being a great jury lawyer, He married in 1862 :Mary p, 'Valùo, daughter of 
Daniel 'Valdo. His highly excitable temperament led him into excesses 
which injured his otherwise eminent standing, and cut short his brilliant 
career in 1874. Salem ltfercury, April 3, 1874. 
54 The practising attorneys at this time were A. L. Lovejoy, 'V. G, T'Vanlt, 
J. Quinn Thornton, .E. Hamilton, A. Holbrook, :l\Iatthew P. Deady, B. F. Hard- 
ing, R. P. Boise, Da,'id Logan, E. 1\1. 13arnum, J. ,Yo Nesmith, A. D. 1\1. 
Harrison, .J ames 
lcCahe, A. C. Gihhs, So F. Chadwick, A. B. P. 'Y ood, 'r. 

lcF. Patton, F. Tilford, A. Campbcll, D. B. Brenall, ,Yo \V. Chapman, A. 
E. 'Yait, S. D. l\Iayre, John A. AlUlersoll, and C. Lancastcr. Thcrc wcre 
others who had been bred to a legal profcssion, who werc at work in the 
mines or living on land claims, some of whom rcsumcd practice as socicty 
became more organizeù. 



POLITICS AND SOCIETY. 


159 


tory of nlen \vhom they regarded as transient, ,vhose 
places they coveted. 
There is al\vays presumably a coloring of truth to 
charges brought against public officers, even 'v hen 
used for party purposes as they were in Oregon. The 
denlocracy \vere united in their determination to see 
nothing good in the federal appointees, \vith the ex- 
ception of Pratt, who besides being a democrat ha.d 
been sent to thenl by President Polk. On the other 
hand there were those ,vho censured Pratt 35 for being 
what he \vas in the eyes of the democracy. The 
governor \vas held 36 equally objectionable ,vith 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 governnlent freely \vithout consulting anyone, 
and as his enemies chose to believe ","ithout any care 
for the public interests. A sort of gay and fashion- 
able air \vas irnparted to society in Oregon City by 
the farnilies of the territorial officers and the hospita- 
ble Dr 1IcLoughlin,37 which ,vas a new thing in the 
Willan1ette Valley, and provoked not a little jealousy 
alnong the n10re sedate and surly.38 


35 'v. ,v. 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 Coug., l.'5t Sess" .JIisc, 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 ad vice 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. I\Irs Gaines 
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. l\lrs Gaines was a 
daughter of Nicholas Kincaid of Versailles, Ky. Her mother was Priscilla 
McBride. She was horn 11arch 13, 1800, and married to Gaines June 22, 
1819. Or. Spt'ctato'ì', Aug. 19, 1831. About fifteen months after his wife's 
death, Gaines married Margaret B. 'Vands, one of the five lady teachers sent 
to Oregon by GOY. Slade, Or. Statesman, Nov. 27, 18:)1. 
8; illrs ill. E, JViI.son in Or. Sketches, MS., 19. 
38 Here is what one says of Oregon City society at the time: All was 
oddity. 'Clergymen 80 eccentric as to ha\'e 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 kinù. People were oùù 



160 


AD
1I
I8TRATION OF G AI
 ES. 


In order to sustain his position ,vith regard to the 
location act, Gaines appealed for an opinion to the 
attorney-general of the United States, who returned 
for an ans,ver that the legislature had a right to locate 
the seat of governlnent ,vithout the consent of the 
governor, but that the governor's concurrence ,vas 
necessary to nlake legal the expenditure of the appro- 
priations,39 \vhich reply left untouched the point raised 
by Gaines, that the act ,vas invalid because it em- 
braced 11lore than one object.. With regard to this 
nlatter the attorney-general ,vas silent, and the 
quarrel stood as at the beginning, the governor re- 
fusing to recognize the la,v of the legislature as binding 
on hiln. His enenlies ceased to deny the unconstitu- 
tionality of the la\v, adnlitting that it rnight prove 
void by reason of non-conforn1Îty to the organic act, 
but they contended that until this ,vas sho\vn to be 
true in a conlpetent court, it ,vas the la\v of the land; 
and to treat it as a nullity before it had been disap- 
proved by congress, to \v hich all the acts of the legis- 
lature lTIUst be sublnitted, was to establish a dangerous 
precedent, a principle striking at the foundation of all 
la\v and the public security. 
Into this controversy the United States judges 
were necessarily drawn, the organic act requiring 
them to hold a terlll of court, annually, at the seat of 
governnlent; 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 'Valker, wife of a missionary at Chimikane, 
near Fort Colville, having been II 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.' 1Jb.s JVil.<wn, Or. Sketche.'1, 1\18., 16, 17. Another 
says of the missionary and pioneer families: 'One lady who had been living at 
Ulatsop since 1846 bad a parasol wcll 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 nf:'arly the same age which she worc 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 o(:d.ity l\1rs vVilson discovered in an Oregon assembly in Gov. Gaines' 
time was only manners out of fashion. 
:IV Or. Spectator, July 29, 1851j Or. Stat-esrnan, Aug. 5. 18
H... 



OPPOSITION GOVERN
IENTS. 


161 


quorum. 40 On the first of Decelnber, the legislature- 
elect 41 convened at Salem, as the capital of Oregon, 
except one councilman, Colulnbia Lancaster, and four 
representatives, A. E. Wait, \V. F. l\1atlock, and 
D. F. Bro\vnfield. Therefore this slnall minoritv 
organized as the legislative asselnbly of Qregon, à't 
the territorial library room in Oregon City, ,vas qua1i- 
. fled by Judge Strong, and continued to meet and 
adjourn for t\VO \veeks. Lancaster, the single coun- 
cilnlan, spent this fortnight in making motions and 
seconding them himself, and preparing a memorial to 
congress in \v hich he asked for an increase in the 
11 unlber of councilrnen to fifteen; for the improve- 
n1ent of the Colun:bia River; for a bounty of one 
hundred and sixty acres of land to the volunteers in 
the Cayuse \var; a pension to the \vidows and orphans 
of the men killed in the \var; troops to be stationed 
at the several posts in the territory; protection to 
the innnigration; ten thousand dollars to purchase 
a library for the university, and a military road to 
Puget Sound. 42 
About this time the supreme court lnet at Oregon 
City, Judges Nelson and Strong deciding to adopt 


40 Or. Gen. Laws, 184$-1864, 71. 
fl The council was composed of Matthew P. Deady, of Yamhil1; J. M:. Gar- 
rison, ofl\Iarion; A. L. Lovejoy, of Clackamas; Fred. 'Vaymire, of Polk; 'V. B. 
:Mealey, of Linn; Samuel Parker, of Clackamas and 1Iarion; A. L. Humphrey, 
of Benton; Lawrence Hall, of 'Vashington; Columbia Lancaster, of Lewis, 
Clark, and Vancouver counties. The house consisted of Geo. L. Curry, A. E. 
\Vait, and ,Yo T. :l\Iatlock, of Clackamas; Benj. Simpson, "Hie Chapman, and 
James Davidson, of :Marion; J. C. Avery and Geo, E. Cole, of Benton; Luther 
'Vhite and 'Vil1iam Allphin, of Linn; Ralph \Vilcox, 'v. :M. King, anù J. 
C. Bishop, of 'Vashington; A. J. Hembree, Samuel :l\IcSween, and R. C. 
Kinney, of Yamhill; Nat Ford and J. S. Holman of Polk; David :M. Risùon. 
of Lane; J. 'V. Drew, of Umpqua; John A. Anderson and D. F. Brownfield 
of Clatsop and Pacific. Or. Statfsman, July 4, 18.3 1. 
42 In style Lancaster was something of a Munchausen. 'It i
 true,' he says 
in his memorial, which must indeed have astonished congress, 'that the 
Columhia River, like the principles of ciyil 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. 3!d 
CO'nff., 1st Sess., 11. .lUi-::sc. Doc. 14, 1-5; Or. Statema1l.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 tem. of the council, and W. T. :Matlock, latc speaker 
pro tern. of the house of representatives.' 
HI.8T. OB., VOL. II. 11 



162 


ADMINISTRATION OF GAINES. 


the governor's vie\v of the seat-of-government ques- 
tion, while Pratt, siding \yith the main body of the 
legislature, repaired to Salelll 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 nlajority of the su- 
prellle 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 
\vho had set themselves up in opposition to their 
representatives. Before the llleeting 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 \vas at the claim of Sidney Ford, on the 
Chehalis River, \vhereas the judge \vent to the þouse 
of John R. Jackson, t\venty miles distant, and sent a 
peremptory order to the jurors to repair to the sarrle 
. place, which they refused to do, on the ground that 
they had been ordered in the nlanner of slave-driving, 
to \vhich they objected as unbeconling a judge and 
insulting to theIl1selves. A public nleeting \vas held, 
at \vhich it was decided that the conduct of the judge 
n1erited the investigation of the impeaching po\ver. 44 
The proceedings of the meeting \vere published 
about the tilne of the convening of the asselllbly, and 
a correspondence follo\ved, in which J. B. Chapnlan 


43 Francis Ermatinger being cited 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, 1831. 
44 The principal persons in the transactions of the indignation meeting 
were J.. B. (jhapman, M. T. Simmons, D. F. Brownfield, 'V. P. Dougherty, 
E. Sylvester, Thos. W. Glasgow, and James McAllister. Or. Statesman, Dec. 
.2, 1851. 



IN SESSION AT SALE
r. 
. 


163 


exonerated Judge Strong, declaring that the senti- 
1l1ent of the meeting had been maliciously misrepre- 
sented; Strong replying that the explanation "ras 
satisfactory to hin1. But the Statesman, ever on the 
alert to pry into actions and motives, soon nlade it 
appear that the reconciliation had not been between 
the people and Strong, but that VV. W. Chapman, 
,vho had been dismissed from the roll of attorneys in 
the second district, had himself ,vritten the letter and 
used means to procure his brother's signature ,vith the 
ohject 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 
Chapn1an on the roll of attorneys.
 
A Inajority of the legislative assembly having con- 
vened at Salem, that body organized by electing 
Samuel Parker president of the council, and Richard 
J. \Vhite, chief clerk, assisted by Chester N. Terry and 
Thonlas B. l\Iicou. In the house of representatives 
William 
f. I(ing was elected speaker, and Benjamin 
F. Harding chief clerIc Having spent several days 
in nlaking and adopting rules of procedure, on the 5th 
of December the representatives informed the council 
of their appointn1ent of a COtlln1ittee, consisting of 
Cole, Anderson, Drew, vVhite, and Chapman, to act 
in conjunction \v-ith a committee from the council, to 
draft resolutions concerning the course pursued by 
the federal officers. 46 The luessage of the representa- 
ti ves ,vas laid on the table until the 8th. In the 
nlean 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 
follo\ved this resolution with another, that Halnil- 
ton, secretary of the territory, should be informed 
that the legislative assembly ,vas organized at Salem, 
and that his services as secretary were required at the 
. 


ß Or. Statesman, Feb. 3, 1852. 
fo6 Ur. Counc'Ìl, Jour. 1851-2, 10. 



164 


AD:ðIINISTRATION OF GAINES. 


place narned, ,vhich ,vas laid on the table. Fina1Jy, 
on the 9th, a con1111ittee from both houses to draft 
a InelTIOrial to congress ,vas appointed, consisting of 
Curry, Anderson, and Avery, on the part of the 
representatives, and Garrison, WaYlnire, and II Ulllph- 
rey, on the part. of the council. 47 
Pratt's opinion in the lllatter ,vas then asked, ,vhich 
sustained the legi
lature as against the judges. Rec- 
tor "vas then ordered to bring the territorial library 
from Oregon City to Salen1 on or before the first 
day of January 1852, which ,vas not pernlÎtted by 
the federal officers. 48 
The legislators then passed an act re-arranging the 
judicial districts, and taking the counties of Linn, 

Iarion, and Lane from the first and attaching thc111 
to the second district. 49 This action ,vas justified by 
the Statesnlan, on the ground that Judge N elso11 had 
proclaimed that he should decree aU the legislation 
of the session held at Salel11 null. On the other hand 
the people of the three counties mentioned, excepting 
a srnaU minority, held then) to be valid; and it ,vas 
bettér that Pratt should adnlinister the Ja,vs pcace- 
funy than that Nelson should, by declaring thell1 
void, create disorder, and cause dissatisfaction. The 
latter ,vas, therefore, left but one county, Clackau1as, 
in ,vhich to administer justice. But the nullifiers, 
as the whig officials came now to be caned, ,vere not 


47 Or. Council, Jour. 1851-2, 12-13. This committee appears to have been 
intended to draft a memorial on genernl 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 lihrarian 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, O. 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 D('ady's Ili8t. Or., :'MS., 27-8; ,')trOJl.y'8 llist. Or., 
IS., 62-3; Grover'8 
Pub. Life in Or., MS., 53. 



LA WS ENACTED. 


165 


'lrithout their friends. The Oregonian, which was 
the accredited organ of the federal clique, ,vas loud 
in coñdennlation of the course pursued by the legisla- 
tors, ,,'hile the Spectator, ,vhich professed to be an in- 
dependent paper, \veakly supported Governor Gaines 
and Chief J ustice Nelson. Even in the legislative 
body itself there \vas a certain 111inority \v ho protested 
against the acts of the Inajority, 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 111elnorial to 
congress, prepared by the joint cOlnn1ittee fronl Loth 
houses, setting forth the condition of affairs in the 
territory, and asking that the people of Oregon 111ight 
be perlnitted to elect their governor, secretary, and 
judges. 
The n1eIIlorial passed the assembly almost by accla- 
mation, three IIlembers only voting against it, one uf 
thenl protesting forlnally that it ,vas a calulnnious 
docun1ent. The people then took up the Inatter, pub- 
lic nleetings being held in the different counties to 
approve or COndelTIn the course of the legislature, a 
large nlajority expressing approbation of the asselllLly 
and censuring the ,vhig judges. A bill \vas finally 
passed calling for a constitutional convention in the 
eyellt of éongress refusing to entertain their petition 
to per111it Oregon to elect her governor and judges. 
This ilnportant Lusiness having been disposed of, the 
legislators addressed thenlsel yes to other nlattcrs. 
Lane was instructed to ask for an anlendment to the 
land la\v; for an increase in the l1lunber of councihnen 
in proportion to the increase of representatives; to 
procure the inunediate survey of Yaquina Bay and 
Un1pqua River; to procure the auditing and payulellt 
of the Cayuse ,val' accounts; to have the organic act 
amended so as to allo,v the couuty cOlnnlissioner
 to 
locate the schuullands in legal subtlivi
ions or in frac- 
tions lying bet\vecn claÎ1us, ,vithout reference to ::;ize 
or shape, \vhere the sixteenth and thirty-sixth sec- 



166 


AD
MINISTRATION OF GAINES. 


tions ,vere already settled upon; to have the postal 
agent in Oregon fiO instructed to locate post-offices and 
establish Inail routes, so as to facilitate correspondence 
"Tith different portions of the territory, instead of 
ain1Ìng to increase the revenue of the general govern- 
.11lent; to endeavor to have the nlail steanlship con- 
tract cOlllplied ,vith in the nlatter of leaving a mail at 
the mouth of the Unlpqua River, and to procure the 
change of the port of entry on that river from Scotts- 
burg to U nlpqua City. Last of all, the delegate ,vas 
requested to advise congress of the fact that the ter- 
ritorial secretary, Hanlilton, refused to pay the legis- 
lators their dues; and that it \vas feared the n10ney 
had been expended in SOHle other manner. 
Several ne\v counties ,vere created at this session, 
raising the whole nunlber to sixteen. An act to create 
and organize Silnl110nS out of a part of Lewis county 
,vas alnended to nlake it Thurston county, and the 
eastern linlits of Le,yis ,vere altered and defined. 61 
Douglas ,vas organized out of Ulupqua county, leav- 
ing the latter on the coast, 'v hile the U Inpq ua Valley 
constituted Douglas. The county of Jackson was 
also created out of the southern portion of the fornler 
U ITlpqua county, conlprising the valley of the Rogue 
River,62 and it ,vas thought the Shasta Valley. These 
t\VO ne,v countries ,vere attached to U IIlpqua for judi- 
cial purposes, by \vhich arrangclnent the Second J udi- 
cial district ,vas lIlade to extend frOl11 the Colulnbia 
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 ginm in the reports. They were subsequently 
changed when 'Vashington was set off. See Or. Local Laws, 1851-2, 13-15, 
30; ..New 'Pacoma North Pw'ific 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 I(Yreka) was in Oregon or not, and to publish the result of his 
observations ill the State..mwll. Ur, Council, JOW". 1851-2, 53. 
53 The first term of the United States district court held at the new 
court-house in Cyntheanll was in October 1851. At this term James 1\1c- 
Cabe, B. F. Harding, A. B. P. ',","ood, J. 'Y. .Kesmith, and 'Y. G. T'Vault 
were admitted to practice in the Second Judicial district. J\1cCabe was 
appointed prosecuting attorney, Holbrook having gone on a visit to the 



LA'VS AND :ME
IORIALS. 


167 


The legislature prövided for taking the census in 
order to apportion representatives, and authorized the 
county con1missioners to locate the election districts; 
and to act as school commissioners to establish COlll- 
1110n schools. A board of three conlmissioners, Har- 
rison Linnville, Sidney Ford, and Jesse Applegate, 
,vas appointed to select and locate t\VO townships of 
land to aid in the establishlnent of a university, ac- 
cording to the provisions of the act of congress of Sep- 
tenlber 27, 1850. 
An act ,vas. passed, of which Waymire was the 
author, accepting the Oregon City claim according to 
the act of donation, and also creating the office of 
C0l11111issioner to control and sell the lands donated by 
congress for the endo,vment of a university; but it 
becalne of no effect through the failure of the assern- 
bly to appoint such an officer. 54 Deady \vas the 
author of au act exe1npting the ,,"ife's half of a donation 
clai1ll from liability for the debts of the husband, 
,y hich ,vas passed, and 'v hich has saved the horl1osteads 
of 111any fau1Ílies froll1 sheriff's sale. 
Al110ng the local la,vs \vere t\yO incorporating the 
Oregol1 acaJ.em y at Lafayette, and the first l\Iethodist 
churçh at Sale 111. 55 In order to defeat the federal 


States. J. 'v. Nesmith was appointed master and commissioner in chancery, 
and J. H. Lewis commissioner to take bail. Lewis, familiarly known as 
'Cncle Jack.' came to Oregon in 1847 and settled on La Creole, on a farm, later 
the property of J olm 11. Scott, on which a portion of the town of Dallas. is 
located, Upon the resignation of H. 
I. \Yeller, county clerk, in August 
18:>1, 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 Vallas. The first term of the district court held in any part 
of southern Oregon was at Y oncalla, in the autumn of 1832. Gibbs' .J..VOlCð, 

18., 13. The tirst courts in Jackson county about 1831-2 were held Ly 
justices of the peace called alcaldes, as ill California. Rogers was the first, 
Abhott the second. It was not known at this time whether Rogue Ri\-cr 
Valley fell within the limits of California or Oregon, and the jurisdiction 
being JouLtful the miners improvised a government. See Popular rpribllnals, 
vol. i., this series; Prim's Judicial A.D'airs, 
IS., 7-10; Jac/..:sonville Deln. 
Ti'TflR,S, April 8, 1871; Richardson'.s J.11 ississipIJi, 407; Uverland .J.1IontMy, xii. 
223-30. Pratt left Oregon in 1856 to reside in Ca!. He haJ done substantial 
pioneer work on the bench, and owing to his conspicuous career he had been 
criticised-doubtless through partisan feeling. 
54 For act see Or. Stat('ðfllcw, Feh. 3, 1852. 
55 Trustees of Oregon academy: Ahio R. \Vatt, R. P. Boise, James 
1cBride, 
A. J. Hembree, Edward Geary, James \V. Nesmith, 1\latthew P. Deady, R. 



168 


AD)IINISTRATION OF GAINES. 


officers in their effort to depri ve .the legislators of the 
use of the territorial library, an act ,vas passed re- 
quiring a five thousand dollar bond to be given by 
the librarian, 'v ho ,vas elected by the assenlbly.56 
Besides the 111ernorial concerning the governor and 
judges, another petition addressed to congress a8ked 
for better IHail facilities \vith a post-office at each 
court-house in the several counties, and a lnail route 
direct from San Francisco to Puget Sound, sho\ving 
the increasing settlelnent of that region. I t ,vas 
asked that troops be stationed in the Rogue River 
Valley, and at points bet
Teen Fort Hall and The 
Dalles for the protection of the inlmigration, 'v hich 
thi8 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 Inac1e 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; reëlcctcd 
Bush territorial printer, and J. D. Boon territorial 
treasurer,58 the assenlbly adjourned on the 21st of 
January, to carryon the war against the federal offi- 
cers in a ùifferen t 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 18:50. 
56 Ludwell Rector was elected, The former librarian was a young man 
who came out with Gaines, anti placeù in that position by him while he held 
the clerkship of the sUr\ 7 eyor-general's office, and also of the supreme court. 
0/'. State8'man, Feb. 3, 18.32. 
5i See memorial of J. A. Anderson of Clatsop County in Or. Statesman, 
Jan. 20, 18.")2. 
58J. D. Boon was a 'Vesleyan Methodist preacher, a plain, unlearned man, 
honest and fervent, an immigrant of 18-15. He was for many years a resident 
of 
alem, anù held the office of treasurer for several terms. Deady'.., Scrap 
Book, 87. 
59 There were in this legislature a few not heretofore specially mentioned. 
J. 1\1. Garrison, one of the men of 184:
, before spoken of, was horn in Indiana 
in 181:
, and was a farmer ill :l\lal'ion county. 'Vilie Chapman, also of 1\Iarion, 
was born in Houth Carolina in 1817, reared in Tenn., and came to Oregon in 
1847. He kept a hotel at Salem. Luther 'Vhite, of Linn, preacher and 
farmer, was born in 17D7 in ICy, and immigrated to Oregon in 1847, A. J. 
Hembree, of the immigration of 1843, was bum in Tenn. in 1813; was a 
merchant and fanner in Yamhill. James S. Holman, an immigrant of 1847, 



NE'VSP APER ,V AR. 


169 


From the adjournment of the legislative asselnbly 
great anxiety ,vas felt as to the action of congress in 
the Inatter of the memorial. J\Iean,v hile the ne,vs- 
paper ,val' ,vas ,vaged ,vith bitterness and no great 
attention to decency. Seldom ,vas journalislll 1110re 
cUlnplctcly prostituted to party and personal issues 
than in Oregon at this tillle anù for several years 
thereafter. Private character and personal idiosyn- 
crasies ,vere suLjected to the Inost scathing ridicule. 
'Vith regard to the truth of the allegations brought 
against the unpopular officials, frolll the evidence be- 
fore n}e, there is no doubt that the governor ,vas vain 
and narro\Y-Ininded; though of course his eneillies ex- 
aggerated his weak points, ,vhile covering his credit- 
aLIc ones,60 and that to a degree his official errors 
could not justify, heaping ridicule upon his past 111ÎIi- 
tary carcer, as ,veIl as blalue upon his present guberna- 
torial acts,61 and accusing hin} of everything tJ-ishonest, 


was horn in Tenn. in 1813; a fanner in Polk. David S. Risdon was born in 
Vt in 18:!;
, came to Oregon in 18,)0; lawyer by profession. John A. An(ler- 
son was horn in Ky in 18:!4, rearc(I in north l\1iss., and came to Oregon in 
1830; lawyer and clerk in the custom-house at Astoria. James Davidson, 
born in Ky in 17D
; emigrated thence in ]847; housejoiner by occupation. 
George E. Cole, polit.ician, burn in New York in 1820; emigrated thence in 
1830 lJY the way of California. He removed to 'Vashingtoll in ]8,)8, awl was 
sent as a delegate to congress; hut afterward returned to Oregon, and held 
the office of postmaster at Portland from 1873 to 1881. 
(jO A}J}JlerJate's VielC8 of lIi..,t., l\IH" 48. Gaines assaulted Bush in the 
street on two occasions; once for acciùentally jostling him, and again for 
something said in the State.'mwn. See issues of Jan. 27th and June 2!), 1832. 
A writer calling himself' A Kentuckian' had attacked the governor's exercise 
of the pardulling power in the case of Enoch Smith, reminding his exceHency 
that Kentucky, which produced the governor, prodnce(l also nearly all the 
murderers in Oregon, namely, Keen, Kendall, Turner, the two Evermans, amI 
Smith. 'Common sense, sir, "said this correspondent, 'should teaeh you that 
the prestige of Kentucky origin will not sustain you in your mental imbecility; 
amI that Kentucky aristocracy, devoid of sense and virtue, will not pass cur- 
rent ill this intelligent market.' 0,.: Statf,'mlUu, June 13, ]S.):!. . 
61.John 1'. Gaines was born in Augusta. Va, in 
eptemher 170.), 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 engagemen ts. He rep- 
resented Boone county for several years in the legislature of Ky, and was 
suhsequently sent to congress from 1847 to 1849, He was elected major of 
the Ky cavalry, and selTed in the l\Iexican war until tak('n prisoner at 
Encarnacion. After some months of captivity he escaped, amI joining the 
army served to the end of the war. Ün his return from :Mexieo, Taylor 
appointed him governor of Oregon. 'Yhen his term expired he retirc(ll1pon 
a farm in l\larion county, wbere he resided till his de
tb in December 1837. 
S, 1( Alta, Jan. 4, 1858. 



1';0 


ADMINISTRATION OF GAINES. 


froln dra,ving his family stores from the quarter-mas- 
ter's departulent at Vancouver, to re-auditing and 
changing the values of the certificates of the eonl1l1is- 
sioners appointed to audit the Cayuse ,var clailTIs, and 
retaining the saUle to use for political purposes ;62 the 
truth being that these claims 'vere used by both par- 
ties. Holbrook, the United States attorney, ,vas 
charged ,vith dishonesty and with influencing both 
the governor and judges, and denounced as being 
responsible for rnany of their acts;63 a judgment to 
,vhich subsequent events seemed to give color. 


At the regular term, court ,vas held in 1farion 
county. Nelson repaired to Saleln, and ,vas lnet by 
a cOlnnlittee ,vith offensive resolutions passed at a 
public ll1eeting, and with other tokens of the spirit in 
'v hieh an attelupt to defy the la,,, of the territory, as 
passed at the last session, \vould be received. 64 1Iean- 
tilne the opposing parties had each ha
 a hearing at 


t2 Or. Stat('sman, No",. G, 1852; Id., Feb. 26, 1853. \Yhether or not this 
was true, Lane procureù 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. Cony. Globe, 1852-3, app. 341; 33d COllY., 1st Sess" 11. Gom. 
Bcpt. 122, 4-5, 
6:i ill ernorial, in 32d Cona., 1st Sess., H. lJlisc. Doc. 9, 2; Or. Statesman, 

fay 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 
IeloùraIlla, 
illustrated with rude wood-cuts, and showing considerable ability both for 
COIllj)osition and burlesque. This publication, both on account of its political 
effect and because it was the first book written and publishcd in Oregon of 
an original naturc, 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, 'Vaymire, Parker, Thornton, 'Vill- 
son. Bush, Backenstos, and "\Vaterman of the Portland 'Times. The author 
was 'Yilliam L. Adams, an immigrant of 1848, a native of Painesville, Ohio, 
where he was born Feb. 1821. His parents removed to .Michigan in lö:N. 
In 183j Adams entereù college at Canton, Ill.; going afterward to Galeslmrg, 
supporting himself by teaching in the vacations. He finishetl his studies at 
Bcthany College, Ya, and became a convert to the renowncd Alexander 
Camphell. In 1845 he married Olivia Goodell, a native of :Maine, awl settled 
in Hcnùerson County, Ill., from which state he came to Oregon. Hc taught 
school in Yamhill county, and wa& elected probate judge. He was of- 
fercd 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 JVest 
Shore, :May, 1876. 



POLITICAL ISSUES. 


171 


Washington. The legislative memorial and commu- 
nications fron1 the governor and secretary,vere spread 
before both houses of congress. 65 The same mail 
,vhich conveyed the memorial conveyed a copy of the 
location act, the governor's n1GSsage 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 reC0111- 
Inended congress to fix the seat of government of 
Oregon either tenlporarily or permanently, and to 
approve or disapprove the la\vs passed at Salem, in 
confornlity to their decision 66 in fa VOl' of or against 
that place for the seat of governn1ent. To disapprove 
the nction of the asselnbly \vould be to cause the 
nullifìcation of many useful la\vs, and to create pro- 
tracted .confusion \vithout ending the political feud. 
Accordingly congress confirnled the location and other 
la\vs passed at Salem, by a joint resolution, and the 
president signed it on the 4th of 
Iay.67 
Thus far the legislative party \vas triumphant. 
The in1ported offi.cia
s had been rebuked; the course 
of Governor Gaines had been comn1ented on by many 
of the eastern papers in no flattering tern1s; and let- 
ters fro111 their delegate led then1 to believe that 
congress 111ight grant the a111endulents asked to the 
organic act, pern1Îtting then1 to elect their governor 
and judges. The house did indeed on the 22d of 
June pass a bill to amend,6s but no action ,vas taken 
upon it in the senate, though a n1otion ,vas made to 
return it, ,vith other unfinished business, at the close 
of the session, to the files of the senate. 
The difference bet,veen the first Oregon delegate 
and the second was very apparent in the managen1ent 


ro32d Cong., l.çt Sess., S. Jour., 339; Congo Glohe, 1851-2, 451, 771; 32cl 
Conrl., l.o;t Sess" II. lJIisc. Doc. 10
' 32d COllg., 1st Ses.
., H. Ex. Doc. 94, 29. 
6ô32d COil!!., 1st Sess., 11. Ex. Doc. 94, 1-2; and Id., 96, 1-8; Location. 
Lmc, 1-39. The Location Law is a pamphlet publication containing the 
docnments on this subject. 
67 COllY. Globe, 1851-2, 1199, 1209; 3:2d Cong., l,çt Se8s., S. Jour., 394; 
Or, Staf('sman, June 29, IS,j2; Ur. Uen. Lall.N
, 1845-64, 71. 
6tf,S2d Cong., 1st Bess., Congo Globe, 1851-2, 1394. 


. 



172 


ADl\1IKISTR...1TIO:X OF GAIKES. 


of this business. Had Thurston hoen charged by his 
party to procure the passage of this alnen(hnont, the 
journals of the house ,,,"ould have sho\vll son1e bold 
and fiery assaults upon established rules, and proofs 
positi ve that the innovation ,,,"as necessary to the 
peace and prosperity of the territory. On the con- 
trary, Lane ,vas betrayed by his loyalty to his per- 
sonal friends into seetHing to deny the allegations of 
his constituents against the judiciary. 


The location question led to the regular organiza- 
tion of a den10cratic party in Oregon in the spring of 
1852, forcing the w'higs to nonlinate a ticket. 
rhe 
den10crats carried the election; and soon after this 
triull1ph canle the official infornlation of the action of 
congress on the location la,v, ,,-hen Gaines, \vith that 
\vant of tact \vhich rendered abortive his achllinistra- 
tion, \vas no sooner officially infornled of the confirn1a- 
tion of the la,vs of tho legislative asselubly and the 
settlement of the seat-of-goyernlnent question than he 
issued a proclamation calling for a special session of 
the legislature to COllllnence on the 26th of July. In 
obedience to the call, the ne\vly elected Inelnbers, Inany 
of '" horn 'Vere of the late legisla ti ve body, asseUl bled 
at Saleln, and organized by electing Dead J president 
of the council, and Harding speaker of the house. 
With t.he same absence of discretion the governor in 
hi
 Inessage, after congratulating thellì on the 
ettle- 
nlent of a vexed queHtion, infornled the legislature 
that it ,vas still a lllatter of grave doubt to ,,,hat ex- 
tent the location act had been confirlned; and that 
even had it been \v holly and permanently e
talJlished, 
it \yas still so dcfectjve as to require further legisla- 
tion, for \v hich purpose h
 had called them together, 
though conscious it ,vas at a season of the year \" hen 
to attend to this ilnportant duty \vould seriously in- 
terfere with their ordinary avocation
; yet he hoped 
they \vould be ,villing to 111ake any reasonable sacri- 
fice for the general good. The defects in the location 


. 



OFFICIAL "... ARF ARE. 


173 


act ,yere pointed out, and they ,"verc relninded that 
no sites for the public buildings had yet been selected, 
and until that ,vas done no contracts could be let for 
beginning the ,york; 1101" could any Inoney be dra,vn 
frolll the SUIllS appropriated until the conllnis
iollers 
,yere authorized by la,y to call for it. He also called 
their attention to the necessity (
f re-arranging the 
judicial districts, and renlinded thenl of the incon- 
gruous condition of the la,vs, recollltÙending the ap- 
pointnlent of a board for their revision, ,vith other 
suggestions, good enough in thel11selves, but. distaste- 
ful as conlÌng fronl hin1 under the circulnstances, and 
at an unusual and inconvenient time. In this lllood the 
assenlLly adjourned ,çine die on the third day, ,vith- 
out having transacted any legislative business, and the 
seat-of-governnlent feud becalne quieted for a tilHe. 
This did not, ho,vever, end the battle. The chief 
justice refused to recognize the prosecuting attorney 
elected Ly the legislative asselubly, in the absence 
of .Àlnory Halbrook, and appointed S. B. 
Iayre, 
,y ho acted in this capacity at the spring terrn of court 
in Clackamas county. The la,v of the territory re- 
quiring indictnlents to he signed Ly this officer, it ,vas 
apprehended that on account of the irregular proceed- 
ings of the chief justice nlany indictnlents ,vould be 
quashed. In this condition of affairs the delDocratic 
presS ,vas ardently advocating the election of Frank- 
lin Pierce, the party candidate for the presidency of 
the United States, as if the ,velfare of the territory 
depended upon the executive being a democrat. Al- 
though the renlainder of Gaines' adlninistration "'"as 
1110re peaceful, he never becanle a favorite of either 
faction, anel great ,vas the rejoicing 'v hen at the close 
of his delegateship Lane ,vas returned to Oregon as 
governor, to resign and run again for delegate, leav- 
ing hi8 secretary, George L. Curry, one of the Salenl 
cligue, as the party leaders caIne to be denoll1inated, 
to rule according to their pronlptings. 



CHAPTER VI. 


DISCOVERY OF GOLD IN OREGON. 


1850-1852. 


POLITICS A'SD PROSPECTI:YG--I:l\UUGRATION-AN ERA OF DISCOVERy-EX- 
PLORATIOYS ON THE SOUTHERN OREG-O
 SEABOARD- THE CALlFOR
IA 
COMPANy-THE SCHOO
ER 'SAl\llJEL ROBERTS' AT THE MOUTHS OF 
ROGUE RIVER AND THE Ul\fPQuA-l\iEETING WITH THE OREGON PARTY- 
LAYIXG-OUT OF LAXDS AND TOWN SITES-FAILURE OF THE UMPQUA 
CO::\IPAXy-THE FINDIXG- OF GOLD IY VARIOUS LOCALITIES-THE 1\lAIL 
SERVICE-EFFORTS OF THURSTO
 IY CONGRESS-SETTLEl\lENT OF PORT 
ORFORD A
D DISCOVERY OF COOS BAy-THE COLO
Y AT PORT ORFORD- 
IXDIAJS" ATTACK-THE T'V AULT EXPEDITION-1\lASSACRE-GOVERNl\IE
T 
ASSISTANCE. 


,V HILE politics occupied so much attention, the 
country ,vas Inaking long strides in material progress. 
The in1Inigration of 1850 to the Pacific coast, by the 
overland route alone, an10unted to bet,veen thirty anà 
forty thousand persons, chiefly men. Through the 
exertions of the Oregon delegate, in and out of con- 
gress, about eight thousand 'v ere persuaded to settle 
in Oregon, ,vhere they arrived after undergoing nlore 
than the usual misfortunes. Among other things ,vas 
cholera, from 'v hich several hundred died bet,veen the 
1Iissouri River and Fort Laran1ie. 1 The cro,vdcd 
condition of the road, ,vhich ,vas one cause of the 
pestilence, occasioned delays ,vith the consequent ex- 
haustion of supplies. 2 The famine becon1ing kno,vn 
in Portland, assistance was for,varded to The Dalles 
, 


1 Jfhite, in Camp Fire Orations, 
IS., 9-10; Dowell's Journal J 
1S.J 5; 
Johnlwn's Cal. and (Jr., 235; Or. Spectator, Sept. 26, 1830. 
2 Says one of the sufferers: 'I saw men who had been strong stout men 
walking along through the hot desert sanùs, crying like chilùren with fatigue J 
hunger J and despair.' Ca'rdwell'8 Emig. Comp'y, 1\IS. J 1. 
( 174 ) 



I:\fMIGRATION OF 1850. 


175 


Dlilitary post, and thence carried forward and distrib- 
uted by artny officers and soldiers. Among the arri vals 
,vere many children, made orphans en route, and it 
,vas in the interest of these and like helpless ones 
that Frederick 'Vaymire petitioned congress to amend 
the land la,v, as mentioned in the previous chapter. 
Those who canle this year wrere bent on speculation 
more than any ,vho had come before them; the gold 
fever had unsettled ideas of plodding industry and 
slo,v acculnulation. S0111e can1e for pleasure and ob- 
servation. 3 
Under the excitement of gold-seeking and the 
spirit of adventure a,vakened by it, all the great 
north-,vestein seaboard was opened to settlement ,vith 
marvellous rapidity. A rage for discovery and pros- 
pecting possessed the people, and produced in a short 
tinle 11larked results. Fronl the Klanlath River to 
Puget Sound, and fronl 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 ri8ks of the gold-fields to other and Inore 
settled pursuits. In the spring of 1850 an association 
of seventy persons was formed in San Francisco to 
discover the mouth of Klanlath River, believed at the 


· Among those who took the route to the Columbia River was Henry J. 
Coke, an .English gentleman travelling for pleasure. He arrived at Vancouver 
Oct. 22, 1830, and after a brief look at Oregon City sailed in the 111 arll Dare 
for thc Islands, visiting San Francisco in Feb. 185l, thence proceeding to 
:M
xico 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 Cokp'.'l Ride. 
Two Frenchmen, Julius Brenchly and Jules Remy, were much interested in 
the 
Iormolls, and wrote a book of not much value. Rerny and B,'encldy, ii. 
507 -8. 
l!'. G, Hearn started from Kentucky intending to settle in Oregon, but 
seized by cholera was kept at Fort Laramip till the follo"\\-il1g year, when with 
a party of six he came on to the \Villamette Valley, and finally took up his resi- 
dence at Y reka, CaJifornia. I-Iearn's California 8ketche8, ]\18., is a collection 
of obseryations on the border country between California and Oregon. 
Two Irishmen, Kelly and Conway, 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 cntered before going to Oregon. Quiglf'Y'8 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 
iÍmant, 139-391. 



176 


DISCOYERY OF GOLD IN OREGON. 


tin1e, o'\ving to an error of Fremont's, to be in Oregon. 
The object ,vas ,vholly speculative, and included be-" 
sides hunting for gold the opening of a road to the 
Inines of northern California, the founding of to\vns 
at the 1110St favorable points on the route, ,vith other 
enterprises. In l\Iay thirty-five of the shareholders, 
and SOUle others, set out in the schooner Sa7J
/u{'l Ilob- 
erts to explore the coast near the Orego:q. boundary. 
None of thenl ,vere accustolned to hardships, and not 
1110re than three kne,v anything about sailing a ship. 
LYlnan, the captain and o,vner, ,vas not a sailor, but 
left the Inanagen1ent of the vessel to Peter 
lackie, a 
young Canadian \vho understood his business, and ,vho 
subsequently for lnany years sailed a 
eamship be- 
tween San Francisco and Portland. LY111an'S second 
111ate ,vas an Englishnlan named Samuel E. Smith, 
also a fair seanlan; 'v hile the rest of the cre,v 'v ere 
volunt
ers froln among the sehooner's cOlnpany. 
The expedition ,vas furnished ,vith a four-pound 
carronade and sInal] arnls. 
or shot they brought 
half a ton of nails, scre,vs, hinges, and other bits ot 
iron gathered fron1 the ashes of a burned hard,vare 
store. Provisions ,vere abundant, and t,vo surveyors, 
,vith their instruments, ,vere among the company,' 
"yhich boasted several college graduates and nlen of 
parts. 5 
By good fortune, rather than by any knowledge or 
superior Inanagenlent, the schooner passed safely up 
the coast as far as the lTIouth of Rogue River, but 
without having seen the entrance to the !(lalnath, 
which th
y looked for north of its right latitude. A 


i These were Nathan Schofield, A. 1\1., author of a work on surveying, and 
Socrates Schofield his son, both from npar Norwich, Connecticut. Schofìeld 
Creek in Douglas county is named after the 12der. 
I) Besides the Schofields there were in the exploring company Heman 'Vin- 
chester, and brother, editor of the Pacific .1VC'W8 of San Francisco; Dr Henry 
Payne, of New York; Dr E. R. Fiske, of .Massachusetts; S. H. :\Iann, a gradu- 
ate of Harvard University; Dr J. 'V. Drew, of New Hampshire; Barney, of 
New York; 'Voo(lbury, of Connecticut; C. 'T. Hopkins, of San Francisco; Henry 
H, 'Voodward, l>atrick Flanagan, Anthony Ten Eyck, A. G. Able, James K. 
Kelly, afterward a leading man in Oregon politics; Dean, 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 t\VO ,vere dro\vned, the 
others being rescued. by Indians \v ho pulled then1 
ashore to strip then1 of their clothing. The schooner 
Ineantin1e ,vas follo,ving in, and by the aid of glasses 
it \yas discovered that the shore ,vas populous ,vith 
excited savages running hither and thither with such 
display of ferocity as ,yould have deterred the vessel 
from entering had not those on board determined to 
rescue their comrades at any hazard. It ,yas high 
tide, and by lnuch manæuvring the schooner ,vas 
run over the bar in a fathonl and a half of ,vater. 
The shout of relief as they entered the river ,vas 
ans,vered by yells from the shore, ,vhere could be 
seen the survivors of the boat's cre\v, naked and half 
dead ,vith cold and exhaustion, being freely handled 
by their captors. As soon as the vessel ,vas well 
inside, two hundred natives appeared and crowded on 
board, the explorers being unable to prevent thenl. 
The best they could do ,vas 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 ,vould have done 
credit to a London pickpocket. Says one of the corIl- 
pany: "Some grabbed the cook's to\vels, one bit a 
hole in the shirt of one of our lllen to get at SOllle 
beads he had deposited there, and so slyly, too, that 
the latter did not perceive his 101:58 at the tilne. One 
fello\v stole the eye-glass of the ship's quadrant, and 
another n1ade way with the surveyor's note- boole 
Sorne started the schooner's copper \vith their teeth; 
and had actually made some progress in stripping her 
as she lay high and dry at lo\v water, before they 
,vere 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 ,ve might discover the 
n1ischief he intended us, he ,vould no\v and then throw 
a furtive glance to,vard the bow of the vessel, to the 
BIBT. OB.. VOL. II. 12 



178 


DISCOVERY OF GOLD IN OREGON. 


great arnusement of those who were ,yat,ching him 
through the ha\\
se pipes." 
An examination more laborious than profitable ,vas 
made of the country thereabout, ,,,,hich seemed to 
offer no inducernents to enterprise sufficient to ''''ar- 
rant the founding of a settlenlent for any purpose. 
D pon consultation it ,vas decided to continue the 
voyage as far north as the Ulnpqua River, and hav- 
ing dispersed the tenacious thievps of Rogue River by 
firing aUlong thenl a quantity of their n1iscellaneous 
auullunition, the t;chooner succeeded in getting to sea 
again ,vithout accident. 
Proceeding up the coast, the entrance to Coos Bay 
,"vas sighted, but the vessel being becahned could not 
enter. While a,vaiting ,vind, a canoe approached 
fron) the north, containing U nlpqu
s, 'v ho offered to 
sho\v the entrance to their river, \vhich was made the 
5th of August. T,vo of the party ,vent ashore in the 
canoe, returning at nightfall \vith reports that caused 
the carronade to belch forth a salute to the rocks and 
,voods, heightened by the roar of a sirTIultaneous dis- 
charge of snlall arn1S. A flag made on the voyage 
,vas run up the mast, and all ,vas hilarity on board 
the Samuel Roberts. On the 6th, the schooner crossed 
the bar, being the first vessel kno\vn to have entered 
the river in safety. On rounding into the cove called 
'Vinchester Bay, after one of the explorers, they came 
upon a party of Oregonians; Jesse Applegate, Leyi 
Scott, and Joseph Sloan, \vho \vere thenlselves ex- 
ploring the valley of the U Inpqua with a purpose 
sinlÏlar to their o,vn. 6 A boat ,vas sent ashore and a 
joyfullneeting took place in ,,
hich mutual encourage- 
ment and assistance were prolnised. It ,vas found that 
Scott had already taken a claim about t\venty-six 
n1Ïles up the ri vel' at the place \vhich now bears the 
narne of Scottsburg, and that the party had conle 
do\vn to the nlouth in the expectation of meeting 


6 Or. Spectator, ßlarch 7 and Sept. 12, 1850. See a]so Pioneer 
Iag., i. 
:282, 350. 



THE U:\IPQUA CO
IPANY. 


179 


there the United States suryeying schooner ELCil1g, 
in the hope of obtaining a good report of the harbor. 
But on learning the designs of the California conl- 
pany, a hearty coöperation ,vas offered on one part, 
and ,villingly accepted on the other. Another cir- 
cunlstance in favor of the Un1pqua for settlement 
\\Tas the peacea.ble disposition of the natives, ,vho 
since the days 'v hen they rnurdered J edediah Snlith's 
party had been brought under the paci(ying influ- 
ences of the Hudson's Bay Con1pany, and sustained 
a good reputation as compared with the other coast 
tri bes. 
On the morning of the 7th the schooner proceeded 
up the river, keeping the channel by sounding from a 
s111all boat in advance, and finding it one of the love- 
liet;t of streams; 7 at least, so thought the explorers, 
one of ,vhom after\vard became its historian. 8 Finding 
a good depth of water, ,vith the tide, for a distance 
of eighteen 111iles, the boat's crew Lecalne 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 ,vater, and 'v hen the tide ebbed was left 
stranded. 9 
l-Io,vever, the sJllall boat proceeded to the fo-ot of the 
rapids, 'v here Scott ,vas located, this being the head 
of tide-,vater, and the yessel ,vas after\vard 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.' 11Ir8 rictor, in Pac. Rural Press, Nov. 8, ]879. 
'The Umpqua is sometimes supposed to b2 the river discovered by Flores in 
IG03, and afterwards referred to as the "RiYer of the 'Vest.'" David
oll's 
Coast Pilot, 126. 
Ii This was Charles T. Hopkins, who wrote an account of the Umpqua ad- 
yenture 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 sonrce, as well as from Gibb,o;' Nofes on 01'. Ilist., 1\'18" 2-
, and from 
] Ii.<,:torical Corre."pulIlleuce, .:\18., by S. R J\'lann, 8. F. Chadwick, H. H. 'V ood- 
ward, members of the Umpqua company, and also from other sources, among 
which are JVillianu;' S. JV. Orerlon, l\'l
., 2-3.; Letters of D. J. Lyons, and the 
Ore[IOn Sp('('tatm', Sept. 5, 1850; Deady's Scrap-Book, 83; S. F. Evening Pica- 
Y1LnP, Sept. 6, 18,")0. 
9 Gibbs 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, 
IS., 4. 



180 


DISCOVERY OF GOLD IN OREGON. 


opening the river to navigation and C01l1merCe, Scott 
presented the company ,vith one hundred and . sixty 

 acres of his land-clailn, or that portion lying belo,v 
the rapids, for a to,vn site. Affairs ha ving progressed 
so ,veIl the melnbers of the expedition no\vorganized 
regularly into a joint stock association called the 
"U nlpqua To\vn-site and Colonization Land Conl- 
pany," the property to be divided into shares and 
dra,yn by lot alllong the original Inembers. They 
divided their forces, and aided by Applegate and 
Scott proceeded to survey and explore to and through 
the U nlpqua Valley. One party set out for the ferry 
on the nurth branch of the U1npqua, and another for 
the nuÚn valley,Io conling out at Applegate's settleluent 
of Y on calla, 'v hile a third renlained ,vith the schooner. 
Three ,veeks of industrious search enabled them to 
select four sites for future settle1nents. One at the 
mouth of the river ,vas nalned UUlpqua City, and 
contained t\velve hundred and eighty acres, being 
situated on both sides of the entrance. The second 
location was Scottsburg. The third, called Elkton, 
\vas situated on Elk River at its junction ,vith the 
Umpqua. The fourth, at the ferry above Inentioned, 
was named Winchester, and ,vas purchased by the 
conlpany fron1 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, SOlne of the cOlnpany 
remained, while the rest reëlnbarked and returned to 
San Francisco. In October the C0111pany having sold 
quite a number of lots were able to begin operations 
in Oregon. They despatched the brig [{ate IIeath, 
Captain Tholnas Wood, with milling machinery, Iner- 
chandise, and seventy-five emigrants. On this vessel 
,vere also a number of zinc houses n1ade in Boston, 


lOOakland, 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. Sketchel1, 1\'18., 3. 



GIBBS A
"D CHADWICK. 


181 


,vhich \vere put Up on the site of Unlpqua City. In 
charge of the company's business ,vas Addison C. 
Gibbs, afterward governor of Oregon, who \vas on his 
,,-ay to the territory \vhen he fell in ,vith the projectors 
of the scheille, and accepted a position and shares. ll 
Thus far all ,vent 'v ell. But the Ulnpqua Con1- 
pany,vere destined to bear some of those lnisfortunes 
,vhich usuaHy attend like enterprises. The passage 
of the Oregon land law in September ,vas the first 
blo,v, franled as it \vas to prevent conlpanies or non- 
residents from holding lands for speculative purposes, 
in consequence of ,vhich no patent could issue to the 
COlnpany, and it could give no title to the lands it 
"
as offering for sale: They might, unrebuked, have 
carried on a trade begun in tinlber; but the loss of 
one vessel loaded ,vith piles, and the ruinous detention 
of a
other, together ,vith a fall of fifty per cent in 
the price of their cargoes, soon left the contractors in 
debt, and an assigllll1ent ,vas the result, an event 
hastened by the failure of the firm in San Francisco 
\yith which the cOlllpany had deposited its funds. 
Five months after the return of the Samuel Roberts to 
Sa.n Franciseo, not one of those \v ho sailed fronl the 
river in her ,vas in any manner connected ,vith the 
U 111pqua schelne. The cornpany in California having 
ceased to furnish 111eanS, those left in Oregon 'v ere 
con} pel1ed to direct their efforts toward solving the 
problem of ho\v to livé. 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 anJ political cir- 
cles in the state. 
12 Drcw remained at Umpqua City, where he was suhsequently Indian 
agent for many years, and where he helJ the office of collector of customs and 
subsequcntlyof inspector. He was unmarried. JIarY8vllle App('al, Jan. 2v, 
18G-!. \Vinchestel.' remained in Oregon, residiug at 
cottsburg, then at Rosc- 
burg and Empire City. He was a lawyer, anù a favorite with the bar of the 
Sccond Judicial district. ' He was generous in dealing, liberal in thought, of 
entire truth, and absolutely incorruptiblc.' Salem J.1Iercury, Kov. 10, IS7G. 
GiLbs took a land claim sevcn milcs above the mouth of the Umpqua, laying 
out the town of Gardiner, anù residing there for sevcral years, during which 
time he returned to the e3,st and marrieJ :Margaret 
I. 'Vatkin
, of :Erie 
county, N. Y. Addison CralHlall Gibbs, aftcrward goyernor of Oregon, was 
born at East Otto, Cattaraugus county, X. Y., July Ü, IS:!'), and cducate(l at 
the New York Statc Normal school. He became a teacher, and studied law J 



182 


DISCOVERY OF GOLD IN OREGON. 


But although the U n1pqua Con1pany failed to carry 
out its designs, it had greatly benefited southern 
Oregon by surveying and 111apping U ll1pqua harbor, 
the notes of the survey being published, \yith a report 
of their explorations and discoveries of rich I agricul- 
tural lands, abundant and excellent timber, valuable 
,yater-power, coal and gold lllines, fisheries and stone- 


Leing admitted to the bar in J\Iay 18-:19 at Albany. He is descended from a 
long line of lawyers in England; his great grandfather was a commissioned 
otticer in the revolutionary war. In Oregon hc acted well his part of pioneer, 
carrying the mail in person, or by deputy, from Y on calla 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 18,)1-2. 
\Vhen Gardiner was made a port of entry, Gibbs became collector of customs 
for the southern district of Uregon. He afterward removed to the Umpqua 
\
 alley, and in 18.')8 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 gidng me information, which is embodied in a manuscript entitled. Notes 
on the l1istor!/ ofUrr[Jon. 
Stephen Fowler Chadwick, a native of Connecticut, studied law in New 
York, where he was admitted to practice in 18.')0, 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. 'Vhen the settlemcnt of the yalley 
increased he practised his profession with honor and profit, being elected 
county and probate judge, and also to represent Douglas county in the con- 
yention which framed the state constitution. He was presidential elector in 
18ö4 and 1868, being the messenger to carry the vote to 'Vashington 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. 
. senate. Governor Chadwick '\vas 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 
cotch 
ritc, as well as having been for 17 years chairman of the committee on foreign 
correspondence for the grand lodge of Oregon, aud a favorite orator of the 
order. He married iu .18.')6 Jane A. Smith of Douglas county, a native of 
\
irginia, by whom he has two daughters and two SOlJS. Of a lively and ami- 
able temper and courteous manner, he has always enjoye(l a popularity inde- 
pendent of official eminence. His contributions to this history consist of 
letters and a brief sta.tement of the Public Recorcl8 of the Capitol in manuscript. 
r shall npver forget his kindness to me during my visit to Oregon in 1878. 
James K. Kelly was Lorn in Center county, l)enn., in 1819, educated at Prince- 
ton college, N. J., and studied law at Carlisle law school, graduating in1G4:!, 
and practising in Lewiston, l">enu., until 184û, when he started for California 
by way of :Mexico. Not finding mining to his taste, he embarked his fortunes 
in the Umpqua Company. He wcnt to Oregon City and soon came into notice. 
He was appointed code commissioner in 18.')3, as I have elsewhere mcntioned, 
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 he figured con- 
spicuously in the Indian wars. He was a member of the constitutional con- 
vention in 18.')7. and of the state senate in 18GO. In 1870 he was sent to the 
U. 8. senate, aúd in 1878 was appointed chief justice of the supreme court. 
His rolitical 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- 
t\\
cen San Francisco and Scottsburg. Gardiner, 
nalned after the captain of the Bostonia'n, 'v hich ,va
 
,vrccked in trying to enter the river in 1850, sprang 
up in 1851. In that year also a trail ,vas constructed 
:fcn" pack-anin1als across the Inountains to \Vinchester,t3 
'v hich becaine the county seat of Douglas county, 
,,-ith a United States land office. FrolH Winchester 
the route ,vas extended to the n1ines in the U nlpqua 
arid Rogue River valleys. Long trains of luules 
laden ,vith goods for the rnining region filed daily 
along the precipitous path \vhich ,vas dignified \vith 
the nalne of road, their tinkling bells striking cheerily 
the ear of the lonely traveller plodding his ,yeary ,yay " 
to the gold-fields. ScottsLurg, ,vhich ,vas the point 
of departure for the pack-trains, beCa111e a conl1uercial 
entrepôt of itnportallce. 14 The iníluence of the Ulllp- 
qua interest ,vas sufficient to obtain from congress at 
the session of 1850-51 appropriations for l11ail ser- 
yice by sea and land, a light-house at the lnouth of 
the river, and a separate collection district. 15 
As the 111ines ,vere opened perUlanent settlelnents 
,,,,ere nlade upon the farluing lands of southern Oregon, 
and various slnall to,vns ,vere started frolH 1851 to 


13 'Vinchester was laid out by Addison C. Flint, who was in Chile ill 184,'}, 
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 
y('ar to Oregon to make surveys for the Un;J.pqua Company. He also laid out 
the town of Ro
eburg in 1834 for Aaron Rose, where he took up his residence 
in 1837. 0.,0. ."ketches, ]\1S., 2-4. 
H Allan, 
lcKinlay, 
lnd :l\IcTavish of the Hudson's Bay Company opened 
a trading-house at 
cottsbl1rg; and Jesse Applegate also turned merchant. 
Applegate's manner of doing business is ùescribed by himself in Burnett's 
]l( coll(>(.tioil.
 of a Pioneer: 'I sold goods on credit to those who nee(leù them 
most, not to those who were able to pay, lost :;:;:
O,OOO, and quit the business." 
1:) The steamers carrying the mails from Panamá to the Columbia River 
were under contract to stop at the Umpqua, and one entry was maùe, but 
the steamer was so nearly wreckeù that no further attempt followed. The 
merchants and others at Scottsburg and the lower towns, as well as at 
"Till chester, bad 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 diù 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 \Vinchester,t6 notably the 
to\vn of Roseburg, founded by Aaron Rose,17 \vho 
purchased the c1ain1 from its locators for a horse, 
and a poor one at that. A flouring n1ill ,vas put in 
operation in the northern part of U Inpqua Valley, and 
another erected during the SUll1mer of 1851 at 'Vin- 
chester. IS A sa\v-lnill soon follo\ved in the Rogue 
Iiiver Valley,19 n1any of ,vhich inlprovements \vere 
traceable, l110re or less directly, to the iUlpetus given 
to settlement by the Umpqua Company. 
In passing back and forth to California, the Oregon 
n1iners had not failed to observe that the saine soil and 
geological structure characterized the valleys north 
of the supposed 20 northern boundary of California that 


16The first house in Rogue River Valley was built at the ferry on Rogue 
Ri \Tel' 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 had 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 'Villow Springs, five miles north of Jacksonville, and 
near it the claim of A. A. Skinner, who built a house in the autumn of 
18,")1. Sòuth of Skinner's, on the road to Yreka, was the place of Stone 
and Points on 'Vagner creek, and beyond, toward the head of the valley, 
those of Dunn, Smith, Russell, Barron, and a few others. Duncnn'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 workt'd in the l\Iari- 
posa mines until the autumn of 18,")0, when, becoming ill, he came to Oregon 
for a change of climate and more settled society. In the autumn of 18.31 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 hemineclon Jackson's creek. Hesharec1in 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 Dead!f'.ç llist. Or., 
fS., 72-3. 
18 Ur. Sppctator, Feh. 10, 18.32. 
19J. A, Cartlwell was born in Tennessee in 1827, emigrated from Iowa to 
Oregon in lR.'30, spent the first ,,,,inter ill the service of Quartermaster Ingalls 
at Fort Yal1couver, ànd started in the spring for California with 
6 others to 
engage in mining. After a skirmish with the Rogue River Indians and yari- 
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 Hm-Iey, went to the present site of Al:5hIallll 
in the Rogue Riyer Valley, and ta
ing up a claim erectcd the first saw-mill 
in that region early in 18,")2. I have derived much valuable information from 

lr Cardwell concerning southern Oregon history, which is contained in a 
n1anuscript entitled ETniflrant Company, in 
Ir Cardwell's own hand, of the 
incidents of the immigration of 18.30, the settlement of the Rogue River Val- 
ley, and the Indian wars which followed. 
20 As late as 18,")4 the bounùary was still in doubt. 'Intelligence has just 



:MOVEMENT OF :MINERS. 


185 


","'ere found in the kno,vn lnining regions, and prospect- 
ing \vas carried on to a considerable extent early in 
1850. In June t\VO hundred miners ,vere at ,york in 
the Ulnpqua VaHey.21 But little gold ,vas found at 
this tillIO, and the movement ,vas south\vard, to Rogue 
Ri ver and !{]alnath. According to the best authori- 
ties the first discovery on any of the tributaries of the 
Klalnath ,vas in the spring of 1850 at Sahnon Creek. 
In July discoveries ,vore 111ade on the lnain I(lau1ath, 
ten nliles aboye the n10uth of Trinity River, and in 
Septen1Ler on Scott River. In the spring of 1851 
gold ,vas founJ in the Shasta Valley,22 at various places, 


been received 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 
wer
 informed by some of the gentlemen attached to the expedition, that the 
disputed territory belonged to Oregon, and llot CaIifornía, as was generally 
supposed, This territory includes two of the finest districts in the country, 
Sailor's Diggings and Althouse Creek, hesides 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 ill the former state it has causeù 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 in Oregon. But we hardly think 
it possible, from the observations heretofore taken by scientifì.c men, which 
brings Y rcka I:> miles within the line.' C'resent City II eraid, ill D. A ita 
Gala, , June 28, 18,)4. 
21 s. F. ( fourier, July 10, 18:>0. 
22 In the early .::mmmer of IS:>û Gen. Lane, with a small party of Orego- 
Dians, viz. J Ohll Kclly, Thomas Brown, J\lartin Angell, Samuel and John 
Simondson, and Lane's Indian servant, made a discovery on the Shasta river 
near w here the town of Y reka was afterward built. The Indians prO\.ing 
troublesome the party removeù to the diggings on the upper Sacramento, but 
not finding gold as plentiful as expected set out to prospect on Pit lti\yer, from 
which place they were drivcn by the Indians back to the Sacramento where 
they wintercL\ going in February 18,)1 to Scott River, from which locality 
Lane was recalled to the \Villamette Valley to run for the office of delcgate 
to congress. Speaking of the Pit rivcr tribe, Lane says: 'The Pit ltiver 
Indians were great thicyes and mur(lcrcrs. They actually stole the blankets 
off the mcn in our camp, though I kept one man on guard all the timc. They 
stole our best horse, tied at the heall of my bcd, which consisted of a blankct 
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 
Dot pull it from him. They caught Driscoll when out prospecting, and were 
hurrying him off into the mountains whcn my Indian boy gave the alarm and 
I went to his rescuc. He was so frightened he could neither move nor speak, 
which condition of their captive impeded their progrcss. \Vhen I appeared 
hc fell ùown in a swoon. I pointed my gun, which rested on my six-shooter, 
and ordered the Illllians to leave. \Vhile they he3itated 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 lniners ,vere by this time satisfied that 
gold existed north of the Siskiyou range. Their ex- 
plorations resulted in finding the 111etal on Big Bar of 
Rogue 
iYer, and in the cañon of Josephine Creek. 

Ica:1y."hile the beautiful and richly grassed valley of 
Rogue River becanle the paradise of packers, ,vho 
grazed their lTIules there, returning to Scottsburg or 
the vVillalnette for a fresh cargo. In February 1852 
one Sykes ,vho ,vorked on the place of A. A. Skinner 
found gold on Jackson Creek, about on the ,vest line 
of the present to,vn of Jacksonville, and soon after 
t,vo packers, Cluggage and Pool, occupying then1selves 
,vith prospecting 'v hile their anilnals ,vere feeding, 
discovered Rich Gulch, half a 111ile north of Sykes' 
discovery. The ,vealth of these n1Ïnes 23 led to an 
irruption froln the California side of the Si
kiyou, and 
\Villo,v Springs five miles north of Jacksonville, 
rleas
nt Creek, Applegate Creek, and 111any other 
localities became deservedly falnous, yielding ,veIl for 
a nUluber of years. 


Every n1iner, settler, and trader in this remote in- 
terior region ,yas anxious to hear fronl friends, h0111e, 
and of the great commercial \vorld ,vithout. As I 
have before said Thurston labored earnestly to sho,v 
congress the necessity of better lnail facilities for Ore- 
gon,24 the benefit intended to have been confe
red 


which they beat a hasty retreat thinking I was about to be reënforced. Dris- 
coll woulù neyer cross to the east side of the river after his aùventure.' Lane's 
AutolJiograph!l, 1\18., 104-5. 
23 Early A.dëÛrs, 
IS., 10; Duncan's Southern Or., 1\18., 5-6; Dowdl'.s 
Scrap-book, 31; rictor's Or., 334. A nugget ,vas found in the Rogue ltiver 
diggings weighing 8800 and another $1300. See accounts in S. F. AlIa, 
Sept. 14, 1832; S. ]( Pac. News, :l\Iarch 14, 1831; and S. F. 1im-ald, Sept. 
28, IS31. 
2-1 In October 1845 the postmaster-general advertised for proposals to carry 
the United States mail from New York by Habana to the Chagre River and 
back; with joint or separate offers to extend the transportation to Panamá. 
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 184û 
anù 1848 the governm
nt thought of the l)ìan of encouraging by subsidies the 




fAIL SERYICE. 


187 


haying been diverted ahnost entirely to California by 
the exigencies of the larger population and business 
of that state \vith its pheno111enal grcHvth. 
The postal agent appointed at San Francisco for 
the Pacific coast discharged his duty by appointing 
post1llasters,25 but furt.her than sending the nlails to 
Oregon on sailing vessel
 occa
ionally he did nothing 
for the relief of the territory. 26 Not a n1ail Bteanlcr 
appeared on the Colulnbia in 1849. Thurston "'Tot.e 
h01He in Deceluber that he had been hunting up the 
docu1lleuts relating to the Pacific lnail service, and the 
reason \v h y the stean1ers did not COllIe to Astoria. 
The result of his search ,vas the discovery that the 
then late secretary of the navy had agreed \vith 
Aspin\vall that if he should send the Oregon 11lail 
and take the sanle, once a lllonth, by sailillg vessel, 
"at or near the nlouth of the Klalllath River," and 
,,
ould touch at San Francisco, l\Ionterey, and San 
Diego free of cost to the governlllent, he should nut 
be required to run stean1ers to Oregon till after re- 
cei viug six lnonths' notice. 27 
Here \vere good faith and intelligence indeed I The 


establishment of a line of steamers between Panamá and Oregon, by way of 
some port in California. At length Howlanù anù 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 cahin accommodations for about 2.3 passengers, as many 
it was thought as "voulù proba.Lly go at one time, the remainder of the vessel 
being devoted to frèight, Crosby's ,'-Jtatemput, .M:S., :J. 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 2.30 horse-power, hanùsomely fin- 
ished and carrying 46 cabin and a hundred steerage passengers; the Panamá 
of 1,100 tons, aud the Uregon of 1,200 tons, similarly built and furnished. 
32d Cony., J,"it Sess., S. Dol'. 50; lIon. Polynesian, April 7, 1849; Uti.
' p(lnarnc
 
R. R. The California left port in the autumn of 1848, arri\"ing at Val- 
paraiso on the 20th of DecemLer, seventy-four days froIll Kew York, proceed- 
ing thence to CaUao aud Panam:í, where passengers from 1\ ew York to 
Habana and Chagre were awaiting her, and reaching 
au Francisco on 
the 28th of February 1849, "vhere she was received with great enthusiasIll. 
She brought on this first trip over 12,000 letters. S. F. .Alta, California in 
PO
Hn('.';ian, April 14, 184D. See also Hist. Cal. and Cal. Inter Pocl1.la, this 
sencs. 
2;) J olm Adair at Astoria, F. Smith at Portland, George L. Curry at Oregon 
City, and J. B. .l\IcClane, at Salem. J. C. Avery was postmaster at Corvallis, 
J esse Applegate at Y oncalJa, K :F. Chadwick at Scottsburg. 
26 OJ.. Spectator, Nov. 29, 1849; Rept. oj Gen. Smith, in 31st Cong., 1st 
Se
s" S. Doc. 47, 107. 
2; Or. SpectatOì', April 18, 18.30. 



188 


DISCOVERY OF GOLD IN OREGON. 


then undiscovered mouth of the IClanlath RivCl" for 
a distributing point for the Oregon Inaill Thurston 
,yith characteristic energy soon procured the prou}i
e 
of the secretary that thc notice shuuld be inlluediately 
given, and that after June 1850 mail stealllerS should 
go "not only to Nisqually, but to Astoria."2s The 
postnlaster-general also recoInlnended the reduction 
of the po
tage to California and Oregon to take effect 
by the end of June 1851. 29 
., At length in June 1850 the steamship C Y al"olina., 
Captain R. L. Whiting, Inade her first trip to Port- 
land ,vith 111ails and passengers. so She 'vas \vithdra,vn 
in August and placed on the Panalná route in order 
to COIIlplcte the sen1i-lIlonthly cOlnnlunication called 
for bet\veen that port and San Francisco. On the 1st 
of Septel11ber the CalifuTnia arrived at Astoria and 
dcparted the saIne day, having ]ost three days in a 
heavy fog off the bar. On the 27th the PanaJrlCt ar- 
rived at Astoria, and t\VO days later the Seagull,31 a 
stean1 propeller. On the 24th of October the Oregon 
brought up the mail for the first tilne, and ,vas an 
object of much interest on account of her nanlC. S2 
There ,vas no regularity in arrivals or departures 
until the coming fron1 N ew York of the C Y olzl1nbiu, 


28 This quotation refers to an effort on the part of certain persons to make 
Nisqually the point of distribution of the mails. Thc proposition was sus- 
tained by '''likes and Sir George Simpson, 'If they get ahead of me,' said 
Thurston in his letter, 'they will rise early and work late.' 
29 31
t (V ong ., 2d 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. 
01'. State"o17nan, :May 9, 1831. 
30 JJlcCracl.:en's Eady Stfambonting, :MS., 7; Salem Directory, 1874, 95; 
Portland Ure!lonian, Jan. 13, 1872. There was an incongruity in the law 
establishing the mail service, which provilled for a semi-monthly mail to the 
river Chagre, but only a monthly mail from Panamá up the coast. ]lejJt, of 
P. JI. Gen., in 31st Cong., 2d Sess., II. Ex. Doc. 1, 410; Or. Spectator, Aug. 
8, IS50. 
31 The Seagull was wrecked on the Humboldt bar on her passage to Ore- 
gon, Feb. 20, 1832. Or. Statesman, l\Iarch 2, 1852. 
32 (Jr. Spectator, Oct. 31, 1850, The Oreyon was transformed into a sail- 
ing vessel after many years of service, and was finally sunk in the strait of 
Juan dc Fuca by collision with the hark Germania in 18S0. Her commander 
when she first came to Oregon was Lieut. Charles P. Patterson of the navy. 



COAST SURVEY. 


189 


brought out by Lieutenant G. "'\V. Totten of the 
navy, in l\farch 1851, and after\vard commanded by 
'Villianl Dall. 33 
The Colu1nbia supplied a great deficiency in COID- 
nlunication \vith California and the east, though 
Oregon \vas still forced to be content ,vith a monthly 
Inail, \vhile California had one t\vice a month. The 
postnlaster-general's direction that Astoria should be 
nlade a distribc.ting office \vas a blunder that the 
delegate failed to rectify. O\ving to the lack of navi- 
gation by steamers on the rivers, Astoria ,vas but a 
ren10ve nearer than San Francisco, and \vhile not 
quite so inaccessible as the n10uth of the Klan1ath, 
,vas nearly so. When the post-routes ,vere advertised, 
no bids \vere offered for the Astoria route, and \v hen 
the lHail for the interior was left at that place a 
special effort must be 111acle to bring it to Portland. 34 
1
roubled by reason of this isolation, the people of 
Oregon had asked over and over for increased 111ail 
faci1ities, and as one of the ,vays of obtaining theIn, 
and also of increasing their cOIJ)mercial opportunities, 
had prayed congress to order a survey of the coast, 
its bays and river entrances. Almost imnlediate]y 


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 
aIl Francisco and Astoria. Hunt went east, 
and the keel of the vessel was laiù 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 Howland 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 
stanchly built, of 700 tons register, would carry 50 or GO cabin passengers, 
with ahout as many in the steerage, anù cost $150,000. N. Y. 'Tribune, in Ur. 
SpN.tator, Dec. 12, 1850j Deady',r;; Hist. Or., 
lS., 10-11. 
81 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 
nativc of Morristown, New Jersey, born September ll, 1788, a whig, and a 
memLer of the Baptist church. In his earlier years he represented Alleghany 
county, New York, in the state legislature. "Then his term of office in Ore
on 
expired he remained in the country, settling on the Columbia River ncar the 
mouth of Hood River, on the eastern slope of the Cascade :l\1ountains. '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 
ripeneù 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 J 18G8.' VWtcouver Re[Jister J Nov. 7 J 18ti8; Dailed JJlouutaÏJteC7., Oct. 23, 1868. 



190 


DISCOVERY OF GOLD IN OREGON. 


upon the organization of the territory, Professor A. 
D. Bache, superintendent of the United States coa
t 
survey, was notified tbat he \yould be expected to 
COl1lll1enCe the survey of tbe coast of the United 
States on the Pacific. A corps of officers I ,vas se- 
lected and divided into t\yO branches, one party to 
conduct the duties of the service on shore, and the 
other to nlake a hydrographical survey. 
The foriller duty devolyed upon assistant-superin- 
tendent, J anles S. Willian1s, Brevet-Captain D. P. 
Hamlnond, and Joseph S. Ruth, sub-assistant. The 
naval survey \vas conducted by Lieutenant W. P. 
l\lcArtbur, in the schooner E
ving, \vhich ,vas COIl1- 
n1anded by Lieutenant \Va.shington Bartlett of the 
United States navy. The till1e of their advent on 
the coast ,vas an unfortunate one, the spring of 1849, 
,vhen the gold exciteluent ,yas at its height, prices 
of labor and living extortionate, and the difficulty of 
restraining 111en on board ship, or in any service, 
excessive, the officers having to stand guard over the 
Inen,35 or to put to sea to prevent desertions. 
So 111any delays were experienced from these and 
other causes that nothing \yas accol11plished in 1849, 
and the Ewing ,vintered at the Ha\vaiian Islands, 
returning to San Francisco for her stores in the 

pring, and again losing some of her n1en. On the 
3d of April, Bartlett succeeded in getting to sea \vith 
Incn enough to ,vork the vessel, though S0111e of these 
'vere placed in irons on reaching the Colunlbia Rivcr. 
The first Oregon ne\Yspaper ,vhich fell under Bart- 
lett's eye contained a letter of Thurston's, in \vhich he 
reflected severely on the Bury-eying expedition tor 
neglect to proceed \yith their duties, \v hich ,vas 8Up- 
plernented by censorious relnarks by the editor. 
ro 


S5 A mutiny occurred in which Passed :Midshipman Gibson was nearly 
drowned in San Francisco Bay by fi\ye of the seamen. They escaped, were 
pursued, captured, and sentenced to death by a general court-martial. Two 
were hanged on. board the E1.fJil1!/ and the others on the St .Jlary's, a ship of 
the U. S. squadron. Letter of Lifut. BarilI'll, in Ur. Spectator, June 27, 1850; 
Lawson's A utobiog. , MS., 2; Davidson's Biography. 



WORK ACCO
IPLISHED. 


191 


these attacks Bartlett replied through the same 
nledium, and took occasion to reprove the Oregonians 
for their lack of enterprise in failing to sustain a pilot 
service at the mouth of the Colunlbia, ,vhich service, 
since the passage of the pilotage act, had received 
little encouragement or support/
6 and also for giving 
coun tenance to the desertion of his men. 
The ,york accomplished by the Eu}ing during the 
SUlluner ,,,as 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- 
pointlnent, and the exanlination of the coast south of 
the Colunlbia. The survey sho,ved that the "rock- 
ribbed and iron-bound" shore of Oregon really ,vas 
.a beach of sand from Point Adanls to Cape Arago, a 
distance of one hundred and sixty-five lniles, only 
thirty-three n1iles of that distance being cliffs of rock 
\vhere the ocean touched the shore. From Cape 
Arago to the forty-second parallel, a distance of 
eighty-five rniles, rock was found to predominate, 


36 Capt 'Vhite, 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 prejected from the other side of the continent, was a failure. On bring- 
ing his fine pilot-boat, the JVm G. llagstaff, 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 the 
mountains, where they wamlered for eighteen days in terrible destitution 
bc>fore reaching Fort Umpqua, at which post they received succor. The 
Jla!fstaff was robbed and burned; her place being supplied by another boat 
called the JJIary Taylor. 'lJhe Pioneer, i. 331; Dal'idson's Coa.<;t P;tot, 112- 
13; JVilliams' S. JV. Or., l\lS. 2. It was the neglect of the Oregonians to 
make gooù the loss of Captain 'Vhite, or a portion of it, to which Bartlett 
refcrred. For the year during which 'Vhite had charge of the bar pilot- 
age G9 vessels of from 60 to 630 tons crosseù in a11128 times. The only loss 
of a yesscl in that time was that of the Jusepltine, 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 sanùs, where 
she was dismasted and abandoned. She afterward floated out to sea, being 
a total loss. George Gibbs, in Or. Spectator, 
lay 2, 1830. The pilot commis- 
sioners, consisting at this time of Gov. Lane and captains Conch and Crosby, 
.made a strong appeal in behalf of 'Vhite, but he was left to bear his losses 
and go whither he pleased. Johnson's Cal. and 01"., 234-5; Carrol's Star of 
the JVe
t, 290-5; Stevens, in Pac. R. R. Rept" i. 109, 291-2, Gl.3-IG; Poly- 
npslan, July 20, 1830. The merchants finally advanced the pay of pilots so 
as to be remunerative, after which time little was hearù 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 \vas given to any bay or 
stream north of the U nlpqua, l\lcArthur offering it 
as his opinion that they \vere accessible by small boats 
alone, except Yaquina, 'v hich nlight, he conjectured, 
be entered by vessels of a larger class. 
It \vill be remembered that the Samuel Robe1'1ts 
entered the Umpqua August 6, 1850, and surveyed 
the n1üuth of the river, and the river itself to Scotts- 
burg. As the E11!ing did not leave the Colunlbia 
until the 7th, McArthur'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 stealners, but dangerous for sailing 
vessels, unless under Ütvorahle circunlstances. Slight 
exanlination ,vas made of Coos Bay, an opinion being 
fornled froln simply looking at the mouth that it \vould 
be found available for steanlers. The Coquille River 
,vas said to be only large enough for canoes; and 
Rogue River also unfit for sailing vessels, being so 
narro\v as to scarcely afford roon1 to turn in. So 
much for the Oregon coast. As to the Klamath, 
while it had l110re water on the bar than any river 
south of the Columbia, it \vas so narrow and so rapid 
as to be unsafe for sailing vessels. 8s 
This was a very unsatisfactory report for the pro- 
jectors of seaport towns in southern Oregon. It \vas 
almost equally disappointing to the naval and post- 
office departlnents of the general government, and to 
the mail contractors, ,vho \vere then still anxious to 
avoid running their steamers to the Columbia, and 
detern1ined if possible to find a different Inail route. 
The recommendation of the postmaster-general at the 
instance of the Oregon delegate, that they should be 
required to leave the mail atScottsburg.aslhave 
lllentioned, induced them to Inake a special effort to 


IT Coast Survey, 1850, 70; S. F. Pac. News, Jan. 18, 1851. 
38 McArthur died in 1851 while on his way to Panamá and the east. Law- 
8on'8 Autobiog., ],18., 26. 



PORT ORFORD ESTABLISHED. 


103 


found a scttlen1ent on the southern coast' which would 
enable thClli to avoid the bar of the U 111pq ua. 
The place selected was on a snlall bay about eight 
ll1iles south of Cape Blanco, and a little south of Point 
Orford. Orders ,vere issued to Captain Tichenor 39 of 
the Sea[}vll, 'v hich was running to Portland, to put in 
at this place, previously visited by hitn,40 and there 
leave a s1l1all colony of settlers, ,vho ,vere to exan1ine 
the country for a road into the interior. Accord- 
ingly in June 1851 the Seagull stopped at Port Or- 
ford, as it ,vas nan1ed, and left there nine men, com- 
manded by J. M. Kirkpatrick, ,vith the necessary stores 
and arlllS. A four-pounder ,vas placed in position on 
the top of a high rock \vith one side sloping to the sea, 
and ,vhich at high tide becanle an island by the united 
,vaters of the ocean and a snlall creek 'v hich flo\ved 
by its base. 
'Vhile the steamer remained in port, the Indians, 
of ,yhOln there ,vere many in the neighborhood, ap- 
peared friendly. But on the second day after her 
departure, about forty of them held a ,var-dance, dur- 
ing ,vhich their nUlllbers were constantly auglllcnted 
by arrivals from the heavily ,vooded and hilly country 
back fro111 the shore. vVhen a considerable force ,vas 
gathered the chief ordered an ad vance on the fortified 


89 'Villiam Tichenor was born in Newark, N. J., June 13, 1813, his ances- 
tor Daniel Tichenor being one of the origilk1.1 proprietors of that town. He 
followed the sea;makillg his first voyage in 1823. In 1833 be 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 1846 he recruited two companies for the 
regiment commanded by Co!. E. D. Baker, whom he afterward helped to 
elect to the U. S. senate from Oregon. Tichenor came to the Pacific coast in 
1849, anJ having mined for a short time on the American ltiver, purchased 
the schooner J. ill. Ryerson, and sailed for the gulf of California, exploring 
the coast to San Francisco and northward, diseo\'ering the bay spoken of 
aboye. He finally settlcù at Port Orford, and was three times electeJ 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 sea- 
faring. Leitel' of Tichenor, in JIistorical Corrfspondcnce, :MS. 
40 Port Orford was established and owned by Capt. Tichenor. T. Bntler 
King, collector of t
1e port of San Francisco, James Gamble, Fred 
1. Smith, 

I. llubba.nl. and 'V. G. T'Vault. Ur. Statesman, Aug. 10, 1831. 
HIST. OR.. VOL, II. 13 



194 


DISCOVERY OF GOLD IN OREGON. 


rock of the settlers, who n1otioned them to keep hack 
or receive their fire. But the savages, ignorant per- 
haps of the use of cannon, continued to come nearer 
until it becan1e evident that a hand-to-hand conflict 
,vould soon ensue. When one of them had seized a 
mush:et in the hands of a settler, l{irkpatrick touched 
a fire-brand to the cannon, and discharged it in the 
n1idst of the advancing multitude, bringing several to 
the ground. The n1en then took aim and shot six at 
the first fire. Turning on those nearest \vith their 
guns clubbed, they ,vere able to knock do\vn several, 
and the battle ,vas ,yon. In fifteen minutes the 
Indians had t\venty killed and fifteen "rounded. Of 
the \vhite nlen four ,vere wounded Ly the arro,vs of 
the savages \vhich fell in a sho,ver upon then1. The 
Indians \vere pern1Ïtted to carry off their dead, and a 
lull follo,ved. 
But the condition of the settlers was harassing. 
They feared to leave their fortified can1p to explore 
for a road to the interior, and determined to a\vait 
the return of the Seagull, ,vhich was to bring an- 
other company frorn San Francisco. At the end of 
five days the Indians reappeared in greater force, 
and seeing the ,vhite Illen still in possession of their 
stronghold and presenting a determined front, ret
red 
a short distance down the coast to hold a ,var-dance 
and ,vork up courage. The settlers, poorly supplied 
"lith anununition, \vished to avoid another conflict in 
\vhich they 11light be defeated, and taking advantage 
of the temporary absence of the foe essayed to es- 
cape to the ,voods, carrying nothing but their arms. 
It ,vas a bold and desperate n10vement but it proved 
successful. Travelling as rapidly as possible in the 
ahllost tropical jungle of the Coast Range, and keep- 
ing in the forest for the first five or six miles, they 
eillcrged at Ilight on the beach, and by using great 
caution eluded their pursuers. On con1ing to Coquille 
Ri ver, a village of about t,vo hundred Indians ,vas 
discovered on the bank opposite, \vhich they avoided 




 
THE AB.A.NDONED SETTLE:MENT. 


19j 


by going up the stream for several n1Íles and crossing 
it on a raft. To be secure against a similar en- 
counter, they no\v kept to the \voods for t\VO days, 
though by doing so they ùeprived themselves of the 
only food, except salnlon berries, \vhich they had been 
able to find. At one place they fell in \vith a snlan 
band of savages \vholl1 they frightened a\vay by charg- 
ing to,vard then1. Again enlerging on the beach 
they lived on 111ussels for four days. The only as- 
sistance received \vas from the natives on Co\van 
River \vhich empties into Coos Bay. These people 
"
ere friendly, and fed and helped them on their ,yay. 
On the eighth day the party reached the 1110uth of 
the U 111pqna, \vhere they \vere kindly cared for by 
the settlers at that place. 41 
'Vhen Tichenor arrived at San Francisco, he pro- 
ceeded to raise a party of forty n1en to reënforce his 
settleluent at Port Orford, to ,vhich he had prolnise( l 
to return by the 23d of the rl1onth. The Seagull 
being detained, he took passage on the Cohunbiu, 
Captain Le Roy, and arrived at Port Orford a
 
agreed, on the 23d, being surprised at not seeing any 
of his nleH on shore. He in1n1ediately landed, ho\,,- 
ever, ,vith Le Roy and eight others, and sa\v provi
- 
ions and tools scattered over the ground, and on every 
side the signs of a hard struggle. On the ground \vas 
a diary kent by one of the party, in \vhich the begin- 
ning of the first day's battle \vas described, leaving 
off abruptly \vhere the first Indian seized a cornrac1e's 
gun. Hence it \vas thought that all had been killed, 
and the account first published of the affair set it 
do\vn as a massacre; a report \vhich about one \veek 
later ,vas corrected by a letter fronl Kirkpatrick, \v ho, 
after giving a history of his ad ventures, concluded 


41 JVilliams' S. TV. Oregon, 1t1S., 1-6; Alta California, June 30th antI 
July 2.3, 1831; JVills' JJ'ild Life, in ran Tromp's Adventures, 149-50; Arnt- 
strol/f)'S 01'.,60-4; C1'ane's Top. .J..1Iem., 37-40; Uverland .I.1/onthly, xiv. 179-b:?; 
Portland Bulletin, Feb. 23, 18n
; 01". Spectator, July 3, 1831; Ur. Statesman, 
July 4th and 15, 18.31; Parrish's Or. Anecdotes, :MS., 41-5; Iim'per's Jla[Jo, 
xiii, 590-1; S. F. Iferald, June 30, 1851; Id., July 15, 18.31; Lau'son's 
Auto'bioy" 
lS., 32-3j S. F. Alta, June 30, 1851j :Paylor's Spec. Pres.';, 19. 



196 


DISCOVERY OF GOLD IN OREGON. 


,,'ith a favorable description of the country and the 
anllouncenlent that he had discovered a fine bay at 
the nlouth of the Co\van River. 42 This ilnportant 
discovery ,vas little heeded by the founders of Port 
Orford, ,vho were bent upon esþablishing their settle- 
lllent on a more southern point of the coast. 
Tichenor left his California party at Port Orford 
,veIl arnled and fortified al1J proceeded to Portland, 
,vhere he advertised to land passengers ,vithin thirty- 
five ll1iles of the Rogue River n1ines, having brought 
up about t\VO dozen n1Ïners fron1 San Francisco and 
landed them at Port Orford to 1l1ake their \vay froln 
thence to the interior, at their OW11 hazard. On re- 
turning do\vn the coast the Col Ll1nbia again touched 
at Port Orford and left a party of Oregon n1en, so 
that by August there ,vere about seventy persons at 
the lle\V settlement. They \vere all ,yell arlued and 
kept guard with nÚlitary regularity. To SOlnc \vas 
a

igned the duty of hunting, elk, deer, and other 
gaole being plentiful on the coast 1110untains, and 
Lirds of numerous kinds inhabiting the ,voods and 
seashore. A ,vhitehall boat \vas left for fishing and 
shooting purposes. These hunting tours \vere also 
exploring expeditions, resulting in a thorough exanlÏ- 
nation of the coast frolD the CoquiUe River on the 
north to a little belo\v the California line on the south, 
in \v hich distance no better port \vas discovered. 43 


The 24th of August a party of t\venty-three 44 under 
T,\r ault set out to explore the interior. T'Vault's 
experience as a pioneer \vas supposed to fit hiIn for 
the position of guide and Indian-fighter, a most re- 
sponsible office in that region of hostile savages, 


42 X ow called Coos, an Indian name. 
43 Says "\Yilliams in his S. JV. Úregon, I\IS., 9: 'It was upon one of these 
expeditions, returning from a point where Crcscent City now stands, that with 
a fair wind, myself at the helm, we sailed into the Leautiflll Chetcoe Rh
er 
which we ever pronounced the loveliest little spot upon that line of coast.' 
U I give here the numbcr as giycn hy 'Villiams, one of the company, 
though it is stated to be only 18 by T.Vault, the leaùcr) in 
:1.lta, Califùl.uicl) 
Oct. 14, 18'-:>1. 



T'V AULT'S EXPLOR..\.TION. 


197 


particularly as the expedition ,vas made up of iln- 
n1Ïgrants of the preyious year, ,vith little or no 
kno,yledge of the country, or of nlountain life. Only 
t\yO of then1, \Villianls and Lount, both. young lllcn 
froln 1\Iichigan, ,vere good hunters; and on theln 
,yould depend the food supply after the ten days' ra- 
tions ,vith 'v hich each nlan ,vas furnished should be 
exhausted. 
Nothing daunted, ho,vever, they set out on horses, 
and proceeded south,vard along the coast as far as the 
n10uth of Rogue River. The natives along the route 
,yere numerous, but shy, and on being approached fled 
into the ,voods. At Rogue River, ho,veyer, they 
assun1ed a different air, and raised their bo\vs threat- 
eningly, but on seeing gHI1S levelled at them desisted. 
During the nlarch they hovered about the rear of 
the party, \vho on caillping at night selected an open 
place, and after feeding their horses burned the grass 
for t\VO hundred yards around that the savages n1Ïght 
not have it to hide in, keeping at the saIne tinle 
a double guard. Proceeding thus cautiously they 
avoided collision ,vith these savages. 
\Vhen they had reached a point about fifty miles 
froin t11e ocean, on the north bank of Rogue River, 
having lost their ,yay and provisions becollling low, 
SOll1e ùeterluined to turn back. T'Vault, ull,villing 
to abandon the adventure, offered increased pay 
to such as ,vould continue it. Accordingly nille 
,,-ent on ,vith hilll to\vard the valley, though but one 
of them could be depended upon to bring in game. 45 
The separation took place on the 1st of Septernoer, 
the advancing party proceeding up Rogue River, by 
'v hich course they \vere 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 wcre: Patrick J\lurphy, of New York; 
A. S. Doherty and Gilbert TIrnsh, of Texas; Cyrus Hcdden, of Newark, N. 
J.; John P. Holland, of Xew Hampsbire; T, J. Davenport, of l\Jassachusetts; 
Jeremiah Ryan, of l\larylanù; J. P. Pepper) of Kew York. Alta CalifÚ'i"Jlìa J 
Oct 14. 1831. 



198 


DISCOVERY OF GOLD IN OREGON. 


head-,vaters of a streanl flo,ving, it was believed, into 
the ocean near Cape Blanco. They ,vere therefore, 
though designing to go south-east\vardly, actually 

Olne distance north as \vell as east froln Port Orford, 
the nature of the count.ry and the direction of the 
ridges forcing them out of their intended course. 
Finding an open country on this streaU1, they follo,ved 
it do\vn some distance, and chancing to Ineet an Indian 
Loy engaged him as a guide, ,vho brought thel11 to the 
southern branch of a river, do,vn \vhich they travelled, 
finding the bottoms covered ,vith a thick gro,vth of 
trees peculiar to lo\v, moist lands. I twas no,v deter- 
n1Ïned to abandon their horses, as they could advance 
,yith difficulty, and had no longer anything to carry 
,yhich could not be dispensed ,vith. They therefore 
procured the services of some Indians with canoes 
to take theln to the mouth of the river, \vhich they 
found to have a beautiful valley of rich land, and to 
be, after passing the j.unction of the t\VO forks, about 

ighty yards ,vide, ,vith the tide ebbing and flo\ving 
fron1 t,YO to three feet. 46 On the 14th, about ten 
o'clock in the l11orning, having descended to \vithin a 
fe\v lniles of. the ocean, a IDenlber of the party, IV!r 
I-Iedden, one of those driven out of Port Orford in 
JUde, and ,vho escaped up the coast, recognized the 
stream as the Coquille River, \vhich the previous party 
had crossed on a raft. Too exhausted to navigate a 
boat for themselves, and overcorne by hunger, they 
engaged some natives 47 to take them down the river, 
in
tead of 'v hich they \vere carried to a large ranchería 
situated about t,vo Iniles fron1 the ocean. 
Savages thronged the shore arnled with bo,vs and 
arro,vs, long knives,'s anù \var-c]ubs, and ,vere upon 
thenl the nloment they stepped ashore. T'Vault 
46 On Coquille River, 12 miles below the nort.h fork, is a tree with the 
name' Dennis \Vhite, 1834,' to which some persons have attached importance. 
A'i"'Jnostron[J's Or., ü5. 
47 One of the Indians who paddled their canoes had with him' the iùenti- 
cal gun that .Tames H. Eagan had broken over an Inùian's head at Port Or- 
ford in June last.' JVilliams' S. JV. Or., 1\18., 28. 
48 These knives, two anù two and a half feet long, were manufactured by 



THRILLING INCIDENTS. 


199 


aftenyard declared that the first thing he ,vas con- 
scious of ,vas being in the river, fifteen yards froIll 
shore and s,vilnuling. He glanced to,vard the village, 
and sa,v only a horrible confusion, and heard the yells 
of savage triumph n1Ïngled ,vith the sound uf blo

s 
and the shrieks of his unfortunate con1rades. At the 
sanIe instant he sa,v Brush in the ,vater not far fron1 
hÌ1n and an Indian standing in a canoe strikiug hin1 
on the head ,vith a paddle, while the ,vater around 
,vas stained ,vith blood. 
At this juncture occurred an incident such as is 
used to elnbellish romances, ,vhen a 'V01l1an or a child 
in the 111idst of savagery displays those feelings of 
hunlanity COlnlnon to all lnen. While the t\VO \v hite 
nlcn \vere struggling for their Ii yes in the streanl a 
canoe shot fron1 the opposite bank. In it standing 
erect ,vas an Indian lad, ,vho on reaching the spot 
assisted thenl into the canoe, handed thell1 the paddle, 
then springing into the ,vater S\Van1 back to the shore. 
They succeeded in getting to land, and stripping 
thpn1sclves, cra\vled up the bank and into the thicket 
\vithout once standing upright. Striking south ,vard 
through the rough and briery undergro\vth they hur- 
ried on as long as daylight lasted, and at night enlerged 
upon the beach, reaching Cape Blanco the follo,ving 
lllorning, 'v here the Indians received then1 kindly, and 
after taking care of them for a ùay conveyed thell1 to 
Port Orford. T'Vault \vas not severely \vounded, but 
Brush had part of his scalp taken uff by one of the 
long knives. Both 'v ere suffering fron1 fanline and 
bruises, and believed thenlsel ves the only sur\
i VOl's. 49 
But in about t\VO ,veeks it ,vas ascertained that 
others of the party were living, namely: vVillianls,fiO 


the Indians out of Borne band iron taken from the wreck of the IIagstaff. 
They were furnished with whalebone handles. Parrish's Or. Anecdotes, M::;., GO. 
49 Lamson','; Autobiog., 1\18., 43-ü; Portland Bulletin, :March 3, 1873; 8. F. 
IJendd, Oct. 14, IS;:;l; A,.,hland Tidings) July 12th and 19) 1878; PO'i"tlun,d 
JJre,..;t Shore, :\lay 1878. 
5U The narrative of 'Villiams is one of the most thrilling in the literature 
of savngc warfare. \Vhcn the attack was made he had just stepped ashore 
from the canoe. His first struggle was with two l)owerful savages for the 



200 


DISCOVERY OF GOLD IN OREGON. 


Davenport, and Hedden, the other five having been 
murdered, their cOlnpanies hardly kne\v ho,v. 
\Vith this signal disaster ternlinated the first at- 
tenlpt to reach the Rogue Ri ver Valley froIn Port 
Orford; and thus fiercely did the red inhabitants of 
this region ,velcolne their ,vhite brethren. The diffi- 
culties ,vith the various tribes ,vhich gre,v out of this 
and sinlilar encounters I shall describe in the history 
of the ,vars of 1851-3. 


Soon after the failure of the T'Vault expedition 
another company \vas fitted out to explore in a differ- 


possession of his rifle, which being discharged in the contest, for a moment 
gaye him relief by frightening his assailants. Amidst the yells of Inùians and 
the cries and groans of comraùes he forced his way through the infuriateJ 
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 
in his hanùs, with which he continued to deal heavy blows as he advanced 
along a picce 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 abùomen, and bringing him to a sudden stop. F'Ï11ding it impossible to 
move, he drew out the shaft which broke off, leaving one joint of its length, 
with the barlJ. in his body. So great was his excitement that after the nrst 
sensation no pain was felt. The main party of Indians being occupicd 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 down all but two who placed themselves on each side about ten feet 
a.way 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, 'Vith 
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 heaùlong. At this 
the India,ns rushed upon him sure of their prey; one of them who carrÏeLl 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 realizcd 
that the gun had refused to fire. I was on my feet ill 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 kiUing 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 \Villiams entered the shadow of 
the", ouds to seek a place where he might lie down in peace. Soon afterward 
he fell in with Hedùen, who had escaped uninjured, and who with some 
frien(lly Indians assistecl him to reach the Umpqua, where they arrived after 
six days of intense suffering from injuries, famine, and cold, and where thcy 
found the brig Almira, Capt. Gibbs, lying, which took them to Garùincr. All 



COOS BAY AND PORT ORFORD. 


201 


ent direction for a road to the interior,51 ,vhich ,vas 
compelled to return \vithout effecting its object. Port 
Orford, how'ever, received the encouragement and as- 
sistance of governinent officials, including the coast 
survey officers and Inilitary IIlen,52 and throve in con- 
sequence. Troops ,vere stationed there,53 anù before 
the close of the year the \vork of surveying a ll1ilitary 
roaù \vas begun by Lieutenant Willianlson, of the 
topographical engineers, ,vith an escort of dragoons 
froll1 Casey's conllnand at Port Orford. Several fan1Ì- 
lies had also joined the settlement, about half a dozen 
d,yclling houses having been erected for their accom- 
modation. 54 The troops ,vore quartered in nine log 
buildings half a n1ile frOln the to\vn. 55 A perinanent 
route to the Inines ,vas not adopted, ho\vever, until 
late the follo\ving year. 


Casey's comlnand having returned to Benicia about 
the 1st ofDecernber, in January follo,ving the schooner 
CCl]Jta'in Lincoln, N aghel D13ster, ,vas despatched to 
Port Orford from San Francisco with troops and 


Williams' wounds except that in the abdomen healed readily. That tlis- 
charged for a year. III four yeare the arrow-head had worked itself out, but 
not until the seventh year did the broken shaft follow it. Dayellport, like 
Hedtlell, was unhurt, but wandered starving in the mountains many days 
hcfore reaching a settlement. \Villiams was born in Vermont, and came 
to the Pacific coast in 1830. He made his home at Ashland, enjoying the 
respect of his fellow
men, combining in his manner the peculiarities of the 
horder with those of a thorough and competent business man. Pm'tlmid JVe.st 
Shore, Junc 18, 1878, 
51 Or. State
marl, Nov, 4, 1831. 
52 Probably storics }ike the following had their effect: 'Port Orford has 
recently becn ascertained to be one of the ,'ery best harbors on the Pacific 
coast, accessible to the largest class of vessels, and situated at a convenient 
intermediate !Joint hetween the Umpqua and Rogue Rivers.' Rtpl. of Gfn. 
Hitchcock, in 32d COrlg., 1st Sess., H. Ex. Doc. 2, 149; S. F. Alla, July l;{th 
and Scpt. 14, 1852. 
53 Lieutenant Kautz, of the rifles, with 20 men stationed at Astoria, was 
ordered to Port Orford in August, at thc instance of Tichenor, where a post 
was to be established for the protection of the miners in Rogue River Valley, 
which was repr('selltcJ to bc but 35 miles distant from this place. After the 
massacre on the Coquille, Col. Casey, of the 2tl infantry, was Jespatchcù from 
Ran Francisco with portions of three dragoon companies, arriving at Port 
Orford on the 22d of October. ' 
5J Snint A'lncwt, 41-2, 144; Or. State...'1man, Dec. Hi, 18,3l. 
5532d Cong., 2d Se
s., 11. Ex. Doc. 1, pt. ii. 103-ü; S. F. Herald, Nov. 
8, 1832. 



202 


DISCOVERY OF GOLD IN OREGON. 


stores under Lieutenant Stanton. The ,veathcr being 
foul she 111issed the harbor and ,vent ashore on a 
sand spit two miles north of the entrance to Coos 
Bay. The passengers and cargo ,vere safely landed 
on the beach, \vhere shelter ,vas obtained under sails 
stretched on boolns and spars. Thus exposed, annoyed 
by high \vinds and drifting sands, and by the thiev- 
ing propensities of the natives, Stanton ,vas forced to 
rell1ain four n1onths. An effort ,vas made to explore 
a trail to Port Orford by lneans of \vhich pack-trains 
could be sent to their relief. Twelve dragoons ,vere 
assigned to this service, ,vith orders to \vait at Port 
Orford for despatches from San Francisco in ans,ver 
to his o\vn, ,vhich, as the n1ail stean1ers avoided that 
place after hearing of the ,vreck of the schooner, did 
not arriye until settled weather in March. Quarter- 
n1aster J\Iiller replied to Stanton by taking passage 
for Port. Orford on the Columbia under a special ar- 
rangcrnent to stop at that port. But the steamer's 
captain being unacquainted with the coast, and hav- 
ing nearly Inade the n1istake of attempting to enter 
Rogue Riyer, proceeded to the Colun1bia, and it ,vas 
not until the 12th of April that Miller reached his 
destination. He brought a train of t\venty 111u1es 
froln Port Orford, the route proving a most haras
 
ing one, over slippery nlountain spurs, through dense 
forests obstructed \vith fallen ti111ber, across several 
ri vers, besides sand dunes and marshes, four days 
being consul11ed in marching fifty miles. 
On reaching Camp Casta,vay, Miller proceeded to 
the U l1Jpqua, \vhere he found and chartered the 
sehooncr Nassau, ,vhich was brought arountl into 
CQos Bay, being the first vessel to enter that harbor. 
\Vagons had been shipped by the quarternlaster to 
the U n1pqua by the Lrig Fawn. The n1ules ,v ere 
sent to haul theln do\vn the beach by what proved to 
be a good road, and the stores being loaded iuto then1 
,ycre transported across two Iniles of sand to the \vest 
shore of the bay and placed on board the Nassau, in 



YAQUINA BAY. 


203 


'\v hich they \vere taken to Port Orford,56 arriving the 
20th of 
Ia.y. 
The kllO\V ledge of the country obtained in these 
forced expeditions, added to the exploration of the 
CoquiHe Vall J by road-hunters in the previous 
autUl1Ul, and by the military expedition of Casey to 
puni::;h the Coquilles, of \vhich I shall speak in an- 
other place, \vas the 111eanS of attracting attention to 
the advantages of this portion of Oregon for settle- 
Inent. A chart of Coos Bay entrance ,vas n1ade by 
Naghcl, \vhich \vas sufficiently correct for sailing pur- 
poses, and tLe harbor ,vas favorably reported upon by 
l\Iiller. 57 


On the 28th of January the schooner Juliet, Cap- 
tain Collins, was driven ashore near Yaquiaa Bay, 
the cre\v and passengers being compelled to renlain 
upon the stornlY coast until by aid of an Indian n1e8- 
senger horses could be brought from the Willamette 
to transport thenl to that 1110re hospitable region. 58 
While Collins ,vas detained, \vhich \vas until the latter 
part of IVlarch, he occupied a portion of his tilne in 
exploring Yaquina Bay, finding it navigable for ves- 
sels dra\ving froln six to eight feet of \vater; but the 
entrance \vas a bad one. In the bay "vere found oysters 
and chuTIs, \vhile the adjacent land ,vas deelned excel- 
lent. Thus by accident 59 as \vell as effort the secrets 
of the coast country ,vere brought to light, and 


56 The Nassau was wrecked at the entrance to the Umpqua a few months 
later. Or. Statesman, Sept. 18, 1852. From 1830 to 1832 five vessels were 
lost at this place, the BO:itonian. .1Yas8au, A [mira, Ordtilla, and Cll1t:,b Curte& 
6732d Coug., 2d Se.
.<;., II. R. Ex. Doc. 1, pt. ii. 103-9. 
68 Dr l\IcLoughlin, Hugh Burns, ,Yo C. Griswold, and 'V. H. Barnhart 
responded to the appeal of the shipwrecked, and furnished the means of their 
rescue from suffering. Or. Statpsman, l\Iarch 2d and April 6, 1832. 
59 Of marinc disasters there seem to ha,ye been a great numLer in 1851-2. 
The most appalling was of the steam propeller General JVarren, Captain 
Charles Thompson, which stranded on Clatsop spit, after passing out of the 
Columbia, Jan, 28, 1832. The steamer was found to be leaking badly, anù 
Leing 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 stalHling room for her passengers and crew. 
A boat, the only one remaining, was dcsIJatcbed in charge of the bar pilot to 



204 


DISCOYERY OF GOLD IN OREGON. 


although the immigration of 1851 was not ITIOre than 
a third as 111uch as that of the previous year, there 
,,-ere people enough running to and fro, looking for 
He\V ellterprises, to in1part 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 sa,-eù of the 52 persons on hoard. 
Úr, Statps1rwll, Feb. 10th and 24, 1832; Ill., :\larch 9, 18.")2; Sman';; .lY. JV. 
Coast, 239; Portland Ure[}onia:n, Feb. 7, 1832; S. F. Alta" Feb. 16, 1832. 



CHAPTER VII. 


L
DIAN AFFAIRS. 
18:51. 


POLITICS-ELECTION OF A ÐELEGATE-EXTINGUISHME:NT OF I
DIAN TITLES- 
I
DIAN SUPERISTE
DE
TS ASD AGENTS ApPOINTED-KIXDXESS OF TilE 
GREAT FATHER AT 'VASHINGTON-ApPROPRIATIONS OF CO:KGRESS- 
FRAUDS ARISISG FRO
I THE SYSTEIVI-EASY EXPEXDITURE OF GOVERN- 
1\IEXT l\10SEy-UXPOPULARITY OF HUMAN SYl\IPATHy-EFFICIESCY OF 
SCPERINTESDEXT DART-THIRTEEN TREATIES EFFECTED-LAKE AMO
G 
THE ROG{TE RIVER ISDB.NS AND IN THE 
IINES-DIVERS OUTRAGES 
AXD RETALIATIO.NS-'1\lILITARY AFFAIRS-ROGUE RIVER WAR-TIlE 
STRONGHOLD-BATTLE OF TABLE ROCK-DEATH OF STUART-lti..4.RNEY'S 
PRISONERS. 


I1AXE was not a skilful politician and finished orator 
like Thurston, though he had much natural abi1ity,1 
and had the latter been alive, not\vithsta.nding his 
many n1Îsdeeds, Lane could not so easily have secured 
the election as delegate to congress. It \vas a per- 
sonal rather than a party nlatter,2 though a party spirit 
developed rapidly after Lane's n0111ination, chiefly Le- 
cause a lllajority of the people \\'ere deUlocrats,3 and 


1 'Gen, Lane is a man of a high order of original genius. He is not self. 
maùe, but (Joel-made. He was educated nowhere. Nobody but a Ulan of 
superior natural capacity, without education, coulel have maint:1Ïned himself 
among men from early youth as he ùid.' Grover's Pub. Life, :MS., 81. 'Vo 
may hereby infer the idea intenùed to be conveyed, howevcr ill-fitting the 
words. 
2 Says 'V. 'V. Buck: 'Before 1851 there were no nominations maùe. In 
1831 they organized into political parties as whigs and democrats. Before 
that mcn of prominence woulcl think of some one, anù go to him and find out 
if he would sen-e. The knowledge of the movement would spread, and the 
foremost candidate get elected, while others ran scattering.' Enterpri.'ics, 
'1\18., 13- 
3 Jesse Applegate, who had been mentioncd as suitable for the place, 
wrote to the Sj}cctator 
Iarch 14th: 'The people of the southern fronti('r, of 
which I am one, owe to Gov. Lane a debt of gratitude too strong for party 
prejuùices to cancel, and too great for time to erase.. . Rifle ill hanù he gal- 
. ( 20:> ) 



206 


INDIAN AFFAIRS. 


their favorites, Thurston and Lane, ,vere deillocrats, 
,vhile the adlninistration ,vas ,vhig and not in synl- 
pathy ,vith then1. 
The movement for Lane began in February, the 
earliest intirnation of it appearing in the SjJectator of 
l\larch 6th, after ,vhich he ,vas norninatecl in a public 
nleeting at Lafayette. Lane himself did not appear 
on the ground until the last of April, and the nc\vs 
of Thurston's death arriving \vithin a fe,v days, I
ane's 
nallle ,vas ilTIlllediately put for\vard by eyery journal 
in the territory. But he ,vas not, for all that, \vith- 
out an opponent. The mission party non1Ínated 'V. 
H. Winson, ,vho from a \vhaling-ship cooper and lay 
Methodist had corne to be called doctor aIltl been 
given places of trust. His supporters ,vere the de- 
fenders of that part of Thurston's policy \vhich ,vas 
generally conden1ned. There ,vas nothing of conse- 
q uence at issue however, and as Lane ,vas facile of 
tongue 4 and clap-trap, he ,vas elected by a 111ajority 
of 1,832 ,vith 2,917 votes cast. 5 As soon as the returns 
were all in, Lane set out again for the rnines, ,vhere he 
,vas just in tin1e 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 l\loun- 
tains in 1850, the president appointed superintendent 
of Indian affairs, Anson Dart of \Visconsin, \vho ar- 
rived early in October, accolnpanied by P. C. Dart, 
his secretary. Three Indian agents were appointed 


lantly braved the floods and storms of winter to save our property, wiyes, and 
daughters from the rapine of a lawless soldiery,' which statement, howsoever 
it pictures puLlic sentiment, smacks somewhat of the usual electioneering 
exaggera tion. 
i '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 useù to tell this story aLout 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 p]ace. He brought these, with candies, and always kissed the 
children.' Stroug's IJi.o.;t. Or., 118., 41. 
ã Lane's Avtobiography, 
.!S., 62; Or. Spectator, July 4, 1851; Amer. Al- 
manac, 1852, 223; 'l'ribune Almanac, 1852, 51; Overlmul .illontltl!f, i. 37. 



SUPERINTENDENT fu
D AGENTS. 


2fY7 


at the same time, nalnely: A. G. Henry of Illinois, 6 
H. H. Spalding, a.nd Elias Wanlpole. Dart's instruc- 
tions froln the commissioner, under date of July 20, 
1850, \vere 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 
nUlnher of agents and subagents appointed had been 
in accordance with the reconlmendation of Lane, and 
to the information contained in Lane's report he \vas 
requested to give particular attention, as \vell as to 
the suppression of the liquor traffic, and the enforce- 
IDent of the penalties provided in the intercourse act 
of 1834, and also as amended in 1847, making one or 
t\VO years' imprisonIl1ent a punishment for furnishing 
Indians \vith intoxicating drink. 8 A feature of the 
instructions, showing Thurston's hand in this matter, 
\yas the order not to purchase goods from the Hud- 
son's Bay COlllpany for distribution among the Indians, 
but that they be purchased of American merchants, 
and the Indians taught that it \vas from the Anleriean 
government they recei ved such benefits. It \vas also 
forbidden in the instructions that the company should 
have trading posts \vithin the linlits of United States 
territory,9 the superintendent being required to pro- 
ceed \vith them in accordance ,vith the terms of the 
act regulating intercourse \vith the Indians. 
6 Thurston, who was much opposed to appointing men from the east, wrote 
to On
gon: 'Dr Henry of Illinois was appointed Indian agent, helù 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 l\Ir Simeon 
Francis was nominated. first giving assurance that he would leave for Oregon, 
but insteaù of doing so he is at home in Illinois.' Or. Spectator, April 10, IS.31. 
7318t Cony., 1st 8ess., S, Doc. 52, 1-7, 154-80. 
8 It should be here mentioned, in justice to Thurston, that when the Indian 
bill was undcr consideration by the congressional committees, it was brought to 
his noticc by the commissioner, that while Lane had given much information on 
the number and condition of the India.ns, the number of agents neccssary, the 
amount of money necessary for agency Luildings, agents, expenses, and presents 
to the Inùians, he haù neglected to state what tribes shoulù be bought out, 
the extent of their territory, what woulil be a fair price for the lands, to 
what place they should he removed, and whether such lanùs were vacant. 
Thurston furnished this information according to his conception of right, and 
had the bill frame(l for the extinguishment of titles in that part of Oregon, 
which was rapidly filling up with white settlers. See Letter of Urlalldo Brown, 
OJmmiss'ioner, in Or. Spectator, Oct. :31, 1830. 
9318t Cong.,:Jd Bess., H. Ex. Doc. 1,149. 



208 


INDIAN AFFAIRS. 


-v- 


As to the attitude of government to,vard the 
Indians there ,vas the usual political t,vaddle. An 
ilnportant object to be ain1ed at, the cOlnmissioner 
said, ,vas the reconciling of differences bet,vecn tribes. 
Civilized people 111ay fight, but not savages. The 
Indians should be urged to engage in agricultural 
pursuits, to raise grain, vegetables, and stock of all 
kinds; and to encourage them, snlall prelniums 111ight 
be offered for the greatest quantity of produce, or 
l1unlber of cattle and other farrl1 anilnals. ."\Vith 
regard to Inissionaries among the Indians, they ,vere 
to Le encouraged \vithout reference to denomination, 
and left free to use the best nleans of christianizi ng. 
The SUlll of t\venty thousand dollars ,vas advanced to 
the superintendent, of 'v hich five thousand ,vas to be 
applied to the erection of houses for the accoillmoda- 
tion of himself and agents, four thousand for his o\vn 
residence, and the rell1ainder for temporary buildings 
to be used by the agents before becoming pern)anently 
estaLlished. The remainder ,vas for presents and 
prOYlSlons. 
There \vere further appointed for Oregon three 
COIDluissioners to 111ake treaties with the Indians, 
John P. Gaines, governor, Alonzo A. Skinner, and 
Beverly S. Allen; the last received his conlnlÎssion 
the 12th of August and arrived in Oregon in the early 
part of February 1851. The instructions ,vere gen- 
eral, the departlnent being ignorant of the territory, 
except that it extended froDl the 42d to the 4Ðth 
paralh
l, and ,vas included bet,veen the Cascade 
l\1:ountains and the Pacific Ocean. The object of the 
governn1ent it \vas said was to extinguish the Indian 
titles, and renlove the complaint of the settlers that 
they could acquire no perfect titles to their claillls 
before the Indians had been quieted. They ,vere ad- 
yisefl therefore to treat first \vith the Indians in the 
'Villamctte Valley, and ,vith each tribe separatcly.lO 


10 'The maximum price given for Indian lands has been ten cents per acre, 
but thi::3 has been for small quantities of great value from their contiguity to 



LAND TITLES. 


209 


They ,vere to fix upon an an10unt of money to be 
paill, and agree upon an annuity not to exceed five 
per cent of the \v hole an1ount. It \yas also advised 
that 1110ney be not en1ployecl, but that articles of use 
should be substituted; and the natives be urged to 
accept such things as \vould assist thelll in becon1Ïng 
farn1ers and lllechanics, and to secure llledical aid 
and education. If any money remained after so pro- 
viding it n1Îght be expended for goods to be delivered 
annually in the Indian country. The sum of t\venty 
thousand dollars \vas to be applied to these oLjects; 
fifteen thousand to be placed at the disposal of Gov- 
ernor Gaines, at the sub-treasury, San ]'rancisco, and 
to be accounted for by vouchers; and five thousand 
to Le invested in goods and sent round Cape Horn 
for distribution an10ng the Inòians. The co nU11Ïs- 
sioners ,vere allo\ved n1ileage for thenlselves and 
secretary at the rate of ten cents a lni]e, together 
\vith salaries of eight dollars a day during service for 
each of the COllllllissioners, and five dollars for the 
secretary. They 'v ere also to have as 111any interpret- 
ers and assistants as they might deenl necessary, at 
a proper compensation, and their travelling expenses 
paid. 11 
Such ,vas the flattering prospect under which the 
Indian agency business opened in Oregon. Truly, a 
governnlent must have faith in its servants to place 
such teulptations in their \vay. Frauds innu1l1erable 
,vere the result; from five hundred to five thousanù 
dollars \vould be paid to the politicians to secure an 
agency, the returns fronl which investnlent, \vith 
hundreds per cent profit, must be made by systenlatic 
peculations and pilferings, so that not one quarter of 
the llloneys 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 bcen givcn. It is 
not for a moment to be supposed that any such consideration can be involved 
in any purchases to be made Ly you, and it is supposed a very small portion 
of that price will be required.' A. S. Loughery, Acting Commissioner, in 31st 
Cong., 2d Bess., II. Ex. Doc. 1, 147. 
1l31st Cml!}., 2ll 8e.
s., H. Ex. Doc. 1, 145-51; Hayes' Scraps, iv. 9-10. 
BIST. OR., VOL. ll. 14: 



210 


Thì)IAN AFFAIRS. 


would be expended for their benefit. Perhaps the 
public conscience ,vas soothed by this show of justice, 
as pretentious as it ,vas hollo\v, and the emptiness of 
,vhich was patent to everyone; but it ,,,",ould have 
been in as good taste, and far more manly and honest, 
to have shot down the aboriginals and seized their 
lands \vithout these hypocrisies and stcalings, as \vas 
frequently done. 
Often the people ,vere ,vorse than the government 
or its agents, so that there ,vas-little inducelnent for 
the latter to be honest. In the present instance the 
comnlissioners were far more just and hUlnane than 
the settlers thenlsclves. It is tru
 they entered upon 
their duties in April 1851 ,yith a pomp and circum- 
stance in no \vise in keeping \vith the silnple habits 
of the Oregon settlers; \vith interpreters, clerks, corn- 
nlissaries, and a retinue of servants they established 
thernsel yes at Chanlpocg, to \v hich place agents brought 
the so-called chiefs of the ,vretched triLes of the Wil- 
lau1ette; but they displayed a heart and a hunlanity 
in their efforts ,vhich did them honor. Oî the San- 
tiam band of the Calapooyas they purchased a portion 
of the valley eighty nliles in It:'ngth by t\venty in 
breadth; of the Tualatin branch of the same nation 
a tract of country fifty n1Ïles by thirty in extent, 
these lands Leing among the best in the valley, and 
already settled upon by \vhite Inen. The nun1ber of 
Indians of both sexes and all ages making a claim to 
this extent of territory ,vas in the former instance 
one hundred and fifty-five and in the latter sixty- 
fi ve. 
The commissioners were unable to induce the Cala- 
pooyas to remove east of the Cascade mountains, as 
had Leen the intention of the governlnent, 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 o,vn. To these 
representations Gaines and his associates lent a sym- 
pathizing ear} and allo\ved the Indians to select reser- 



TREATIES. 


211 


vations ,,,ithin the valley of tracts of land of a fe\v 
11liles in extent situated upon the lo,ver slopes of the 
Cascade and Coast ranges, ,vhere gall1e, roots, and 
berries could be procured \vith ease. 12 
As to the instructions of the comn)issioner at \Vash- 
ington, it ,vas not possible to carry then1 out. Schools 
the Indians refused to have; and frorn their experi- 
ence of them and their effects on the young I aUl 
quite sure the savages ,vere right. Only a fe,,, of 
the Tualatin band \vould consent to receive farlHing 
utensils, not ,vishing to have habits of labor forced 
upon them ,vith their annuities. They \vere anxious 
also to be paid in cash, consenting reluctantly to ac- 
c

t a portion of their annuities in clothing and pro- 
VISIons. 
In 
Iay four other treaties ,vere concluded \vith the 
Luckiarrlute, Calapooyas, and l\Iolallas, the territory 
thus secured to civilization comprising about half the 
\Villanlette \T alley .13 The upper and lo\ver 1\Iolallas 
received forty-t\vO thousand dollars, payable in t\venty 
annual instahnents, about one third to be in cash aud 
the rernainder in goods, ,vith a present on the ratifica- 
tion of the treaties of a fe,v rifles and horses for the 
head men. Like the Calapooyas they steadily refused 
to devote any portion of their annuities to eLlucational 
purposes, the general sentinlent of these \vestern Ind- 
ians being that they had Lut a little time to liye, and 
it ,vas useless to trouble thernselves about education, 
a sentin1ent not ,vhol1y Indian, since it kept Europe 
in darkness for a thousand yeal's.14 


12 No mention is made of the price paid for these lands, nor have I seen 
these tr{'aties in print. 
13 This is the report of the commissioners, though the description of the 
lands purchased is different in the Spe(.tatm o of 
Iay 1.3, 18,)1, where it is sait! 
that the purchase included all the east side of the valley to the head-waters 
of the \Villamette. 
1-1 The native eloquence, touched and made pathetic by the <1.espondencyof 
the natives, being quoted in public by the commissioners, suhjected them to 
the ridicule of the anti-administration journal, as for instance: 'In this city 
Judge Skinner spent days, and for aught we know, weeks, in interpreting 
Slacum's jargon speeches, while Gaines, swclliDg 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 reseryations they 
desired it \vas necessary to include SOlne tracts clailnell 
by settlers, \vhich ,vould either have to be vacated, 
the government paying for their improvenlellts, or the 
settlers cOlnpelled to live alllong the Indians, an altcr- 
nati\
e not likely to cOlnmend itself to either the set- 
tlers or the governlnent. 
A careful sUIl1nling-up of the report of the c01l1nlis- 
sinners sho\ved that they had simply agreed to pay 
ann uities to the Indians for t\venty years, to n1ake 
then1 presents, and to build then1 houses, 'v hile the 
Indians still occupied lands of their o\vn choosing in 
portions of the valley already being settled by ,,
hite 
people, and that they refused to accept teachers, either 
religious or secular, or to cultivate the ground. By 
these tern1S all the hopeful then1es of the con1n1Ïssioner 
at vVashington fell to the ground. And yet the gov- 
crnn1ent ,vas begged to ratify the treaties, because 
hlilure to do so \vould add to the distrust already felt 
l)y the Indians from their frequent disappointnlents, 
and Inake any further negotiations difficult. 15 
A bout the time the last of the six treaties ,vas 
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 fi ve \veeks of 
ahsurd Inagnificence at Chalnpoeg, the paltry ren1ain- 
dcI' bcing handed over to Superintendent Dart, \vho 
received no pay for the extra service \vith ,vhich to 
dcfray the expense of 111aking 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 Imlians.' O'/'. Statesman, Nov. (3, 18.)
. 
15 Report of Commisðioners, in 3>.:d Cong., 1st Bess., H. Ex. Doc. 2, pt. 
iii. 471. 



ANSO
 DART. 


213 


Dart did not :find his office a sinecure. The area of 
the country over ,vhich his superintendency extended 
\vas so great that, even \yith the aid of rnore agents, 
little could be accolnplisbed in a season, bix Inonth
 of 
the year only a
lmitting of travel in the ull
ettled por- 
tions of the territory. To add to his enlLal'raSSluent, 
the three agents appointed had left hiIn alnlost alone 
to perforn1 the duty \vbich should have been divided 
alllong several assistants,16 thé pay offered to agent
 
being so snlall a
 to be de
pised by n1cn of character 
and ability \vho had their living to earn. 
About the 1st of June 1851 Dart set out to visit 
the Indians east of the Cascade l\Iountains, \v ho since 
the close of the Cayuse \var had lnaintained a friendly 
attitude, but 'v ho hearing that it ,vas the design to 
send the ,vestern Indians alnong then1 ,vere becolning 
uneasy. 'fheir opposition to having the sickly allll 
degraded \Villanlctte natives in their nlid
t ,vas equal 
to that of the \vhite people. Neither \ycre they \víll- 
ing to corne to any arrangement by \vhich they \voutl 
be con1pelled to quit the country \vhich each triLe for 
itself called its o,vu. Dart prolnised thelll ju
t treat- 
Jnent, and that they should receive pay for their lundH. 
IIaving selected a site for an agency buildiIJg on the 
U Inatilla he proceeded to Waiilatpu and Lap\vai, as 
instructed, to detern1ine the losses sustained uy the 
Presuyterians, according to the instruction::; of gov- 
erlunell t. 17 


16 Dart complained in his report that Spalding, who had been assigned to 
the Umpqua country, had visited it but twice during the year, and asked his 
removal and the substitution of E. A. Starling, The latter was first stationed 
at the mouth of the Columbia, a11(l soon after sent to Puget SOU11(l. 'Vam- 
pole arri,-ed in Oregon in July 18.")1, was sent to Umatilla, and remo\Ted in le
s 
than three months for violating orders and trading with the Indians. Allen, 
appointed after Henry and Francis, also finally declined, when 
kinner ac- 
ce}Jted the place too late in the year to accomplish anything. A. Yan Ðusen, 
of Astoria, had heen appointed subagent, hut declined; then Shortess had 
accepted the position. 'Valker ha(l been appointed to go among the 
polmnes, 
but it was doubtful if :;;7.30 a year would be accepte(l. 

inal1y J. L. Parrish, 
also a subagent, was the only man who had proven efficicnt and rea(ly to 
perform the services required of him. ,'3],[ COll:I., 1st Se.-;s., I f. Ex. Doc. 
2, pt. iii. 473; U. S. Eo. if. R. Co. Clairn.
, 27; Anu'r. Almanac, 18.31, 113; 
Id" 18:>2, llû; Dunniway's Cal,t. C,.a1!'8 Compau!!, IG2. 
17 The claims against the government for the (lestruction of the missions 
was large in the estimation of Dart, who ùoes not state the amount. 



214 


I
T])IAN AFFAIRS. 


The Cayuses expressed satisfaction that the United 
States cherished no hatred to,vard thelll for their past 
11lisdeeds, and received assurances of fair treatlnent 
in the future, sealed ,vith a feast upon a fat ox. At 
Lap\vai the same prornises ,vere 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 d\vindled 
fron} their former greatness to be the 1l10st insignifi- 
cant tribe in the upper country, there being left but 
one hundred and t\yenty-six, of \vhon1 thirty-eight 
only ,,,,ere nlen; and the great expense attending his 
yisit,18 the results of ,vhich ,vere not what the govern- 
lTIent expected, if indeed any body kne\v what ,vas 
expeeted. The government ,vas hardly prepared to 
purchase the ,vhole Oregon territory, even at the 
Ininirnun1 price of three cents an acre, and it "
as 
dangerous policy holding out the prolnise of son1e- 
thing not likely to be perforrned. 
As to the Presbyterian mission clain1s, if the board 
had been paid 'v hat it cost to have its property ap- 
praised, it ,vould have been all it ,vas entitled to, and 
particularly since each station could hold a section of 
land under the organic act. And as to the clailns of pri- 
yate individuals for property destroyed by the Cayuses, 
these Indians not being in receipt of annuities out of 
"Thich the claillls could be taken, there ,vas no ,vay in 
\vhich they could. be collected. Neither ,vas the 
agency erected of any benefit to the Indians, because 
the agent, \Valnpole, soon violated the la,v, ,vas re- 
llloved, and the agency closed. 


18 There were II persons in Da.rt's pa.rty-himself and secretary, 2 inter- 
preters, drawing togpther $11 a day; 2 carpenters, $12; 3 packers, 
15; 2 
cooks, 
6. The secretary recei ved 
.'j a day, making the wages of the party 
8;;0 daily at the start, in a(hlitioll to the superintenùcllt's salary. Transpor- 
tation to The Dalles cost 8400. At The Dalles anothcr man with 20 horses 
was hirel1 at 
l.) a day, and 2 wagons with oxen at $12; the passage from 
Portland to Umatilla costing $1,500 besidcs subsistence. And this was only 
the beginning of expenses. The lumber for the agency building at Umatilla 
hall to he carried forty miles at an enormous cost; the heef which feasted the 
Cayuses cost 880, and other things in proportion. 32d Cony., lt3t Bess., II. Ex. 
Doc. 2, pt. iii. 



A RIGHTEOUS JUDGE. 


215 


Concerning that part of his instructions to encour- 
age n1issionaries as teachers among the Indians, Dart 
had little to say; for \vhich reason, or in revenge for 
his dislnissal, Spalding represented that no An1erican 
teachers, but only Catholics and foreigners ,vere given 
perlnission to enter the Indian country.19 But as his 
nalne ,vas appended to all the treaties n1ade \y hile he 
,vas agent, ,vith one exception, he lTIUSt have been as 
guilty as any of excluding Alnerican teachers. The 
truth \vas that Dart pron1Ïsed 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 n1ind ,vas 
simply atrocious, though it seelned only politic and 
just to the unbiassed understanding of the superin- 
tenden t. 
With regard to that part of his instructions relating 
to suppressing the establishments of the Hudson's 
Bay Company in Oregon, he informed the con1mis- 
sionerthat he found the company to have rights ,vhicll 
pro111pted him to call the attention of the governn1ent 
to the subject before he atten1pted to interf
re \vith 
then1, and suggested the propriety of purchasing those 
rights instead of proceeding against British traders 
as crin1inals, the only accusation that could be brought 
against theln being that they sold better goods to the 
Indians for less 1110ney than An1erican traders. 
And concerning the intercourse act prohibiting the 
sale of intoxicating liquors to the natives, Dart re- 
ll1arked that although a good deal of liquor ,vas con- 


19 This charge being deemed inimical to the administration, the President 
denied it in a letter to the Philadelphia Daily Sun, Aprillt;32. The matter 
is referred to in the Or, Stal(sman, June 15th and July 3, 1852. See also 
.Home .JIis,<;ionary, 'TO!. lxxxiv. 276. 
20 In 1832 a Catholic priest, E. C. Chirouse, settled on a piece of land at 
'Valla 'Valla, making a claim under the act of congress establishing the ten'i- 
torial government of \Vashington. He failed to make his final proof according 
to law, and the notification of his intentions was not filed till 1800, whcn 
Archbishop Blanchet made a notification; but it appeared that whatever title 
there was, was in Chirouse. He relinquished it to the U. S. in 1862, 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 S0111e 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 la\v 
of Oregon excluding colored \vitnesses. He also gave 
it as his opinion that except the Shoshones and Rogue 
River Indians the aborigines of Oregon \vere nlore 
peaceable than any of the uncivilized tribes, but that 
to keep in check these savages troops \vere indispen- 
sable, recollunending that a company be stationed in 
the Shoshone country to protect the next year's in1- 
nligration. 21 Altogether Dart seeillS to have been a 
fair and reasonable man, \vho discharged his duty under 
unfavorable circurnstances \vith prornptness and good 
sense. 


21 Eighteen thousand dollars worth of property was stolen by the Shoshones 
in 1831; many white men were killed, and more wounded. IIutchison Clark, 
of Illinois, was driving, in advance of his company, with his mother, 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 killeù, 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 roll
d 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 l\Ir 
Vandervert, and settled on the coast branch of the 'Villamette. She died 
Feb. 20, 1873. 'Vhen the train came up and discm'ered the bloody deed and 
that the Indians had drÏ\Ten 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 awl one wounded. A brother of this 
Çlark family named Thomas had emigrated in 1848, and was awaiting the 
arrival of his friends when the outrages occurred. Or. Statet5man, Sept. 23, 
18.31. The same band killed 
Ir 
1iller, from Virginia, and seriously wounded 
his daughter. Thcy killed Jackson, a brother-in-law of 
Iiller, at the same 
time, amI attacked a train of twenty wagons, led by IIarpool, being repulsed 
with some loss. Other parties were attacked at different points, and many 
persons wounded. O'J". Spcctator, Sept. 2, 1831; Barnes' Ur. and Ced" 
IS., 
26, Haymond, superintendent at Fort Hall, said that :-n emigrants had been 
shot by the Shoshones and their allies the Bannacks, 01'. Statesman, Dee, 9, 
1851; S, F. Alta, Sept. 28, 1831. The resi(lents 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 deeline 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 haJ ever suffered at the hand.;; of 
white men, A more obvious reason might ùe found in the withdrawal of the 
influence wielded over them by the Hudson's Bay Company, who being now 
under Unite(I States and Oregon la.w 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 l\lormon influence. David Newsome of the immigration 



MORE PRO
lISES. 


217 


On returning from eastern Oregon, Dart visited 
the mouth of the Columbia in company ,vith t\VO of 
his agents, and n1ade treaties \vith the Indians on 
both sides of the river, the tract purchased extending 
fron1 the Chehalis River on the north to the Yaqui- 
na Bay on the south; and fronl the ocean on the 
,vest, to above the mouth of the Co\vlitz, River. For 
this territory the sum of ninety-one thousand three 
hundred dollars \vas pron1Ísed, to be paid in ten yearly 
instahnents, in clothing, provisions, and other neces- 
sary articles. Reservations ,vere made on Clatsop 
Point, and 'tV oody and Cathlan1et islands; and one 
,vas n1ade at Shoal\vater Bay, conditioned upon the 
n1ajority of the Indians ren10ving to that place \vithin 
one year, in ,vhich case they ,vould be provided ,vith 
a 111anuallabor school, a lurnber and flouring I11ill, and 
a fariner and blacksn1Íth to instruct thelll in agricul- 
ture and the slnith's art. 
Other treaties ,vere made during the summer and 
autunln. The Clackamas tribe, nun1bering eighty-eight 
persons, nineteen of \v horn were Inen, \vas prolnised 
an annuity of t\VO thousand five hundred dollars for 
a period of ten years, five hundred in n1oney, and the 
renlainder in food and clothing. 22 The natives of the 
south-\vestern coast also agreed to cede a territory 
extending fron1 the Coquille River to the southern 
boundary of Oregon, and. from the Pacific Ocean 


of 1831 says: 'Every murder, theft, and raid upon us from Fort Laramie to 
Grande Ronde wo oould trace to :l\lormon influences and plans. I recorùeù 
very many instances of thefts, robberies, and murders on the journey ill my 
journal.' Portland JVe8t Shore, Feb. 1876. I find no groUlHI 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 
selecteù in 184!> or at other points upon the road; and of a demand of Lane's, 
that the rifle regiment should bo returned to Oregon to keep the Indians in 
check. 32d Cong" l.o;t Se.
.<::" Cony. Globe, 1831-2, i. 507. 'Yhen Superintend- 
ent Dart was in the Kez Percé 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 United States had not redressed their 
wrongs, they should Le left at liberty to go against their enemies. If the Nez 
Percés had Leen allowed to punish the Shoshones it would have saved the 
lives of many innocent persons and a large amount of go\-ernment money. 
22 Or. Statesman, Aug. 19, 18.31; 0,.. SpectatO'i., Dec. 2, 18.31. 



218 


INDIAN AFFAIRS. 


to a line drawn fifty miles east, eighty miles in 
length, covering an area of t\VO and a half million 
acres, lnost of \vhich \vas IIlountainous and heavily 
tin1bered, \vith a fe\v small valleys on t.he coast and 
in the interior,23 for the SUIn of t\venty-eight thou- 
sand five hundred donars, payable in ten annual in- 
stalments, no part of ,vhich \vas to be paid in rnoney. 
Thirteen treaties in all were concluded with different 
tribes, by the superintendent, for a quantity of land 
amounting to six lnillion acres, at an average cost of 
not oyer three cents an acre. 24 
In N ovelnber Dart left Oregon for Washington, 
taking \vith hinl the several treaties for ratification, 
and to provide for carrying them out. 


The demand for the office of an Indian agent in 
,vest ern Oregon began in 1849, or as soon as the Ind- 
ians learned that \vhite men lnight be expected to 
travel through their country \vith horses, provisions, 
and property of various kinds, \vhich they might be de- 
sirous to have. The trade in horses ,vas good in the 
mines of California, anù Cayuse stock ,vas purchased 
and driven there by Oregon traders, ,vho made a large 
profit. 25 Thfany ruiners also returned froll1 California 
overland, and in doing so had frequent encounters ,vith 
Indians, generally at the crossing of Rogue River. 26 
The ferrying at this place \vas p
rformed in canoes, 
ll1ade for the occasion, and \vhich, \vhen used and left, 
,vere stolen by the Indians to compel the next party 
to make another, the delay affording opportunity for 


23 32d Gony., 1.çt Bess., II. 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 go,-ernment, 
while thus engaged, would make the cost of tbe land less than one cent anù 
a half per acrc.' 32c1 Gong., 1st Sess., Ii. Ex. Doc. 2, pt. iii. And in the 
California Courier he says tbe total cost of negotiating the whole thirtecn 
treaties was, including travelling expenses, about $3,000. Or. Statesman, 
Report, Dec. 9, 1801. 
2å 1lonolulu, Friend, Aug. 24, 1850. 
2611ancock's Thirteen Years, 
lS.; 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 llliners turned 
upon the Indians and becan1e the assailants. And to 
stop the stealing of canoes, left for the convenience of 
those in the rear, some n1Ïners concealed thelllsel ves 
and lay in \vait for the thieves, ,vho \vhen they en- 
tered the canoe ,vere shot. Ho\vever bcneficiaÏ this 
lllay have been for the protection of the ferry it did 
not lllend 111atters in a general ,yay. If the Indians 
had at first been instigated sinlply by a desire for 
plunder,2ì they had no\v gained from the retaliation 
of the An1ericans another 1110tive-revenge. 
In the spring of 1850 a party of Ininers, \vho had 
collected a considerable SUIll in gold-dust in the placers 
of California and ,vere returning home, reached the 
Rogue River, crossing one day, to\vard sunset, and 
encamped about R,oC?k Point. They did not keep a 
very careful ,vatch, and a sudden attack caused them 
to run to cover, ,vhile the Indians plundered the canlp 
of everything of value, including the bags of gold- 
dust. But one 111an, \vho had his treasure on his per- 
son, escaped being robbed. 
It \yas to settle ,yith these rogues for this and like 
transactions that Lane set out in 
Iay or June 1850 
to visit southern Oregon, as before 11lentioned. The 
party consisted of fifteen \vhite 111en, and the saUle 
nuulber of IClickitats, uuder their chief Quatley, the 
detern1ined el1enlY of the Rogue River people. Quat- 
ley ,vas told '\vhat \vas expected of him, ,vhich ,vas 
not to fight unless it becol11e necesary, but to assist 
in n1aking a treaty. They overtook on the ,vay SOllle 
cattle-drivers going to California, \vho travelled \vith 
27 Barnes' 01., and Cal,. MS., 13. Says Lane, speaking of the chiC'f at 
Rogue Rh"er, O\-er whom he ohtained a strong influence: 'Joe tolù me that 
the first time he shed white blood, he. with another Indian, discovered late 
in the afternoon two whitt's on horseback passin:5 through thcir country. At 
first they thought these might he men intending SOllie mischief to their people, 
but haYing watched them to their camp and seen them build their fire for the 
night, they cOllceÏ\-ed the idea of murdering thcm 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 l)lunder.' AutobioyralJhy, 1\18., 
148. 



220 


INDIAN AFFAIRS. 


theIn, glad of an escort. All \vere ,veIl mounted, with 
plenty of provisions on pack-horses, and ,veIl arn1ed. 
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, anll 
encanlped near the Indian villages, Lane sending 
,vord to the principal chief that he had COlne to talk 
,vith hiln and his people, and to n1ake a treaty of 
peace and friendship. To this message the chief re- 
turned ans\ver that he ,vould COlne in t\VO days ,vith 
all his people, unarmed, as Lane stipulated. 
Accordingly, the t\VO principal chiefs and about 
seventy-five \varriors caIne and crossed to the south 
side, \vhere Lane's con1pany ,vere encan1ped. A 
circle \vas formed, Lane and the chiefs standing inside 
the ring. But before the conference began a second 
band, as large as the first, and fully arlned ,vith bo\vs 
and arro\vs, began descending a neighboring hill upon 
the canlp. Lane told Quatley to corne iuside the 
ring, and stand, ,vith t\VO or three of his Indians, 
beside the head Rogue River chief. The ne\V-COlners 
were ordered to lay do,vn their arlllS and be seated, 
and the business of the council proceeded, Lane keep- 
ing a sharp lookout, and exchanging significant glances 
,yith Qua.tley and his party. The occasion of the 
visit \vas then fully eXplained to the people of Rogue 
River; they \vere relnin<led of their uniforln conduct 
to\vard ,,,hite l11en, of their 111urdcrs and roLberies, 
and \vere told that hereafter \vhite people Blust travel 
through their country in safety; that their ht\vS had 
been extended over all that region, and if obeyed 
everyone could live in peace; and that if the Indians 
behaved \vell compensation ,voulll be rnade thenl for 
their lands that nlight be settled upon, and an agent 
sent to see that they had justice. 
Follo\ving Lane's speech, the Rogue River chief 
addressed, in loud, Jeliberate tones, his people, ,yhcn 
presently they all rose and raised the ,var-C'ry, and 
those ,vho had arms displayed them. Lane told Quat- 



A HOSTILE CO
FEREXCE. 


221 


ley to hold fast the head chief, ,,
honl he had already 
seized, and ordering his 111en not to :fire, he sprang 
,vith rcyolver in hand into the line of the traitol"b and 
knocked up their gUllS, c01l1111anding then1 to be 
seated and lay do,vn their arn1S. As the chief ,vas a 
prisoner, and Quatley held a knife at his throat, they 
,yere constrained to obey. The captive chief, ,vho 
had not counted upon this pronlpt action, and ,yhose 
brothers had previously disposed thel11selvcs anlong 
their people to be ready for action, finding his situa- 
tion critical, told thel11 to do as the white chief had 
said. ..A,Jter a brief consultation they rose again, 
beiug ordered by the chief to retire and not to return 
for t\VO days, ,yhen they should conle in a friendly 
lUanneI' to another council. The Indians then took 
their departure, sullen and hll1ni1iated, leaving their 
chief a pri80ner in the hands of the 'v hite l11en, by 
,vhorn he ,vas secured in such a lnanner 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 hin1 the prolnise of govern- 
111ent aid if he should nlake and observe a treaty 
allo,ving ,vhite men to pass safely through the coun- 
try, to ]uine in the vicinity, anò to settle in the Rogue 
River Valley.2;J By the tÏIue his people returned, he 
had beconle convinced that this ,yas his best course, 
3n<1 advised thelll to accept the terl11S offered, and live 
in peace, \v hich ,vas finally agreed to. But the gold- 
dust of the Oregon party they had robbed in the spring 
,vas gone past all reclairD, as they had, ,vithout kno\y- 
ing it
 value, poured it all into the river, at a point 
,y here it ,vas ilnpossible to recover it. Sonle property 
of no value ,vas given up; and thus ,yas 111ade the fir
t 



8 , 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 baIlk 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' 8 .A. utobiography, 

lS., Ð4-5. . 



222 


INDIAN AFFAIRS. 


treaty ,vith this tribe, a treaty which was observed 
'vith passable fidelity for about a year. 29 
The treaty concluded, Lane gave the Indians slips 
of paper stating the fact, and \varning \v hite Inen to 
do theTn no injury. These papers, bearing his signa- 
ture, becalne a talis111an anlong these Indians, \v ho on 
approaching a \vhite nlan ,vould hold one of thenl out 
exclain1ing, " J 0 Lane, J 0 Lane," the only English 
\vords they knew. On taking leave the chief, \vhose 
nan1e hereafter by consent of Lane ,vas to be J 0, pre- 
sented his friend \vith a boy slave from the l\Iodoc 
tribe, \vho accompanied hin1 to the Shasta lnines to 
\v hich he no\v proceeded, the time 'v hen his resig- 
nation \vas to take effect having passed. Here he 
dug gold, and dodged Indian arro\vs like any con1n1on 
Ininer until the spring of 1851, \vhen he \vas recalled 
to Oregon. 30 


The gold discoveries of 1850 in the Rlanlath Val- 
ley caused an exodus of Oregonians thither early in 
the follo\ving year; and not.\vithstanding Lane's treaty 
\vith Chief J 0, great vigilance ,vas required to pre- 
vent hostile E?l1counters \vith his tribe as \vell as \vith 
that of the Unlpqua Valley south of the cañon. 31 It 


2
 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 walkcd up to him he 
said, "l\lika name J 0 Lane?" I saiù, "Nawitka," which is" Yes." He said, 
" I want you to giye me your namc, for," said he, 'õ I have seen no man like 
you. " I told the interpreter to say to him that I would gi ye him half my 
namc, 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 A'lltobiograpllY, 
IS., 96-8. 
30 Sacramento Transcript, Jan. 14, 1831. Lane had. his adventures in the 
mines, some of which are well told in his Autobiography. 'Vhile on Pit 
River, his l\iodoc boy, whom he named John, and who from bcing kindly 
treated became a devoted servant, was the means of saving his life and that 
of an Oregonian named Driscoll. pp. 88-108. 
81 Cardwell, in his Emig'J"a1lt Company, )1S., 2-11, gives a history of his 
personal experience in travelling through and residing in Houthern Oregon in 
1851 with 27 othcrs. The Cow-cr
k Indians followed and annoyed them for 
Borne distance, when finally one of them was shot an(l wounùed in the act of 
taking a horse from camp. At Grave creek, in Rogue River Vallcy, three 



UPRISING OF THE 
1IKERS. 


223 


soon becalne evident that J 0, even if he ,vere honestly 
intentioned, could not keep the peace, the annoying 
and often threatening dell1onstrations of his people 
leading to occasional o'
ert acts on the part of the 
lllillers, a circu1l1stance likely to be construed by the 
Indians as sufficient provocation to further and lllore 
pronounced hostility. 
80111e time in J\lay a young man named Dilley ,vas 
treacherously 11lurdered by two Rogue River Indians, 
,vho, professing to be friendly, \vere travelling and 
carnping ,vith three \vhite men. They rose in the 
night, took Dilley's gun, the only one in the party, 
shot him ,vhile sleeping, and lllade off \vith the horses 
and property, the other t,vo nlen fleeing back to a 
conlpany in the rear. On hearing of it thirty Illcn 
of Shasta forn1ed a C0111pany, headed by one Long, 
InarC'hed over the Siskiyou, and conling upon a band 
at the crossing of Rogue River, killed a sub-chief and 
one other Indian, took t\VO \varriors and t\VO daughters 
of another chief prisoners, and held them as hostages 
for the delivery of the 11lurderers of Dilley. The chief 
refused to give up the guilty Indians, but threatened 
instead to send a strong party to destroy Long's COlll- 
. 
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, 
subscquently known às Harris flat, the wagons stopped and 11 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 
gr)l<l was found, but none of the rromised nuggets. \Vhen 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, howe"er, 
continued to Bxamine 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 Cardwell's party fled 
in haste through the favoring darkness relieved by a late moon, across the 
ridge to Rogue River. At Perkins' ferry, just established, they found Chief 
J 0, who was rather ostentatiously protecting this first white settlement. 
'Vhile breakfasting a pursuing party of Indians rode up wit.hin a short dis- 
tance of camp where they were stopped by the presented rifles of the white 
men. J 0 called this a hunting party an(l assured the miners thcy should not 
be molested in passing through the country; on which explanation and. 
promise word was sent to the wagon train, and the company proceeùed across 
the Siskiyou :Mountains to Shasta flat, where they discovered good mines on 
the 12th of March. 



224 


INDIAN AFFAIRS. 


rany, ,vlâch remained at the crossing a,vaiting events.8
 
It does not appear that Long's .party ,vas attacked, 
but several unsuspecting cOlnpanies suffered in their 
stead. These attacks \vere lllade chiefly at one place 
S0111e distance south of the ferry ,vhere Long and his 
111en encalnped. 33 The alarrn spreaJ throughout the 
southern valleys, and a petition ,vas for\varded to 
Governor Gaines froln the settlers in the Ulnpqua 
for perillission to raise a conlpany 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 
110stilities. 
The SlJectator, "\vhich was understood to lean toward 
Gaines and the adnlinistration, as opposed to the 
Stcttes1nan and den10cracy, referring to the petition 
remarked that leave had been asked to march into 
the Indian country and slay the savages "\vherever 
found; that the prej udice against Indians \vas very 
strong in the 111ines and daily increasing; and that no 
doubt this petition had been sent to the governor to 
secure his sanction to bringing a clailTI against the 
government for the expenses of another Indian \var. 


One of Thurston's measures had been the removal 


82 Or. Statesma1l, 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 l\lc13ride and 31 others were attacked 
in camp south of Rogue River. A. Richardson, of San J osé, California, James 
Barlow, Captain Turpin, .,J esse Dodson and son, Aaron Payne, Dillard Hol- 
man, Jcsse Runnels, l)resley Lovelady, and Richard Sparks of Oregon were 
in the company and were commended for bravery. Ur. Statc8rnan, June 20, 
1831. There '\-vere hut 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 kno'wn as Chucklehead. The attack was made at 
daybreak, and the battle lasted four hours and a half, when Chucklehead bcing 
killed the Indians withdrew. It was believed that the Rogue River people lost 
seycral 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,.300 worth of other 
property and gold-dust were taken by the Indians. 



REñIOV AL OF SOLDIERS. 


2:?5 


from the territory of the United States troops, ,vhich 
after years of private and legislative appeal \vcre at 
an enOr1110US expense finally stationed at the different 
posts according to the desire of the people. lIe rep- 
resented to congress that so far froln being a blessing 
they \vere really a curse to the country, ,vhich \,,"ouILl 
gladly be rid of them. To his constituents he said 
tbat the cost of D1aintaining the rifle reginlent ,vas 
four hundred thousand dollars a year. He proposed 
as a substitute to persuade congress to furnish a good 

upply of arms, ammunition, and nlilitary stores to 
Oregon, and authorize the governor to call out volun- 
teers ,vhen needed, both as a saving to the govern- 
n1ent and a means of profit to the territory, a part of 
the plan being to expend one hundred thousand dollars 
saved in goods for the Indians, \vhich should Le pur- 
chased only of American merchants in Oregon. 
Thurston's plan had been carried out so far as re- 
moving the rifle regiment ,vas concerned, \vhich in 
the 1110nth of April began to depart in divisions for 
California, and thence to Jefferson Barracks; 34 lea v- 
ing on the 1st of June, ,vhen l\Iajor I(earney began 
his march south\vard with the last division, only 
t,vo skeleton cOlnpanies of artillerymen to take charge 
of the governn1ent property at Steilacoom, Astoria, 
Vancouver, and The Dalles. He moved slo\vly, ex- 
amining the country for military stations, and the 
best route for a military road ,vhich should avoid the 
Umpqua cañon. On arriving at Y oncalla,35 Kearney 


84 Brackett's U. S. Oavalry, 129; Or. Spectator, April 10, 1851; Or. States- 
man, l\Iay 30, 1831; 32d Cong., 1st Bess., H. Ex. Doc. 2, pt. i. 144-53. 
35 Y on call a is a compound of gone, 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 cañon road being dis- 
coyered: his men should put it in condition to be trayelled by the immigra- 
tion that year, to which Kearney consented, and a detachment of 28 men, 
under Lieutenant 'Villiamson, accompanied by Levi Scott as well as Apple- 
gate, began the reconnoissance about the 10th of June, the main body of 
KeanlCY'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 
RIST. On,. VOL. II. 15 



226 


INDIAN AFFAIRS. 


consulted ,vith Jesse Applegate, 'v horn he prevailed 
upon to assist in the explorat.ion of the country east 
of the cañon, in ,vhich they ,vere engaged \vhen the 
Indian ,var began in Rogue River Valley. 
The exploring party had proceeded as far as this 
pass ,vhen they learned frOlll a settler at the Hortll 
end of the caÙon, one Knott, of the hostilities, and 
that the Indians \vere gathered at Table Rock, an 
ahnost in1pregnable position about t,venty miles east 
of the ferry on Rogue River. 36 On this inforn1ation 
I{earney, \vith a detachn1ent of t\venty-eight Inen, 
took up the n1arch for the Indian stronghold \vith the 
design of dislodging thenl. A heavy rain had s\vollen 
the streanlS and inlpeded his progress, and it ,vas not 
until the n10rning of the 17th of June that he reached 
Rogue River at a point five llliles distant from Table 
Rock. While looking for a ford indications of Ind- 
ians in the vicinity ,vere discovered, and Kearney 
hoped to be able to surprise thern. He ordered the 
cOll1Juand 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 intereept any fugitives, ,,,,hile the renlaillder 
under Captain J a111eS Stuart kept upon the north sido. 
Stuart soon canle upon the Indians \vho ,yore pre- 
pared for battle. Dis1110unting his nlcn, ,vho in their 
haste left their sabres tied to their saddles, Stuart 
lllade a dash upon the eneluy. They lllet hin1 ,vith 
equal courage. A brief struggle took place in \vhich 
eleven Indians \vere killcò and several ,younded. 
Stuart himsélf ,vas nlatehed against a po\verful \var- 
rioI', \vho had been struck 1110re than once \vithout 


enemies that they were to blame for not finding a hetter one at that time. 
None other has ever been found, though Appbgate himself expected when 
with Kearney to be able to get a roaù saving 40 miles of travel. Ewald, in 
Or. Stat('sman, 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, aml could deter- 
mine the strength of any passing company of tr:1vcllers and their p]ace of 
encampment, before sallying forth to the attack. Ur. State.sman, J uly 2
, 1851. 



B
TTLE OF ROGUE RIVER. 


meeting his. death. As the captain approached, the 
savage, though prostrate, let fly an arro\v ,vhich 
pierced hinl through, lodging in the kidneys, of \vhieh 
'vound he died the òay after the battle. 37 Captain 
Peck ,vas also ,vounded severely, and one of the 
troops slightly. 
The Indians, ,vho ,vere found to be in large nunl- 
bel's, retreated upon their stronghold, and Kearney 
also fell back to ,vait for the cOIning-up of lieuten- 
ants \Villiall1son and Irvine ,vith a detachulent, and 
the volunteer companies hastily gathered anlong the 
n1Ïners. 38 Can1p ,vas nlade at tho n1üuth of a tribu- 
tary of Rogue River, entering a fe\v n1Ïles belo,y Table 
Rock, ,vhich ,vas nalned Stuart creek after the dying 
captain. It ,vas not till the 23d that the Indians 
,yere again engaged. A skirnlÏsh occurred in the 
1110rning, and a four hours' battle in the afternoon of 
that day. The Indians ,vere stationed in a densely 
,yoocled hlunIDock, ,vhich gave thorn the advantage in 
point of position, while in the luatter of arl11S the 


3i Brackett, in his U. S. Ca'l'alry, calls this officer 'the excellent and be- 
loved Captain James Stuart.' The nature of the wound caused cxcrueiatin
 
pain, but his great regret was that after passing unharmed through six hanl 
battles in :Mexico he should die in the wilùeruess at the hamls of an Indian, 
It is doubtful, however, if death on a l\Iexican hattie-field \vould ha,'e brought 
with it a In.ore lasting renown. Stuart Creek on which he was interred- camp 
being made over his gra"e to obliterate it-and the .warm place kept for him 
in the hearts of Oregonians will perpetuate his memory. Caj"(ltce'l'.
 Emi!'7'aJ
t 
Company, 
lS" 14; OJ.. Stat(Jsman, July 8, 1831; S. F. .Lilta, July Iß, 1851; 
State RÌ;/ld.-; Dnnocrat, Dec. 13th and 
2, 187G. 
38 Cardwell 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 Hogue River, who sugge:;;ted 
that it 'would be proper enough to assist the gOYCrllment troops an (I Lamer- 
ick's volunteers to clean out the Indians in Rogue Riyer Yalley.' Thirty men 
upon this suggestion went to \Yillow Springs on the IGth, upon the unùer- 
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, 
anù the volunteers eouhl engage them until the troops came np. ' _\..t day- 
light the following mon1Íll
,' says Cardwell, 'we heard the firing commence. 
It was kept up quite bri::;kly for about fifteen minutes. There was a terrible 
yelling and crying by the Inùians, and howling of dogs during the Lattle.' 
Emigrmtt CompaJlY, J\I
., 1
; Crane's Top. Jlem., J\TS., 40, TIle names of 
Applegate, Scott, Boone, T'Vault, Armstrong, Blanchard, and Colonel Tranor 
from (;alifornia, are mentioned in Lane!s correspoudence in the Or. Statesman 
July 22, 1831, as ready to assist the troops. I suppose this to be James \V, 
Tranor, formerly of the New Orleans press, 'an adventurous pioneer awl 
brilliant newspaper writer,' who was afterward killCl1 by Illdialls while cross- 
ing Pit River. Oakland 'lfranscript, Dec. 7, 1872. - 


227 


. 



228 


INDIAN AFFAIRS. 


troops were better furnished. In these battles the 
sayages again suffered seyerely, and on the other 
side several ,vere ,vounded but none killed. 
'Vhile these events \vere in progress both Gaines 
and Lane ,vere on their ,vay to the scene of action. 
The governor's position ,vas not an enviable one. 
Scarcely,yere the riflen1en beyond the Willanlette ,vhen 
he ,yas forced to ,yrite the president representing the 
ill1prudence of ,yit.hdra,ving the troops at this tin1e, no 
provision having been made by the legislature for or- 
ganizing the n1Ïlitia of the territory, or for n1eeting in 
any ,yay the en1ergeney evidently arising. 39 The re- 
ply ,vhich in due tin]e he received ,vas that the rifle 
regill1ent had been ,vithdra,vn, first because its services 
,vere needed on the frontier of l\Iexico and Texas, 
and secondly because the Oregon delegate had as- 
sured the departll1ent that its presence in Oregon ,vas 
not needed. In ans\ver to the governor's suggestion 
that a post should be established in southern Oregon, 
the secretary gave it as his opinion that the con1- 
InanJing officer in California should order a recon- 
naissance in that part of the country, ,vith a vie\v to 
selecting a proper site for such a post \vithout loss of 
time. But ,vith regard to troops, there ,vere none 
that could be sent to Oregon; nor could they, if put 
en route at that time, it being already September, 
reach there in til11e to meet the en1ergency. The 
secretary therefore suggested that conlpanies of militia 
l11Íght be organized, 'v hich could be n1ustered into ser- 
vice for short periods, and used in conjunction ,vith 
the regular troops in the pursuit of Indians, or as the 
exigencies of the service del11anded. 
l\fean\vhile Gaines, deprived entirely of military sup- 
port, endeavored to raise a volunteer company at Y on- 
calla to escort him over the dangerous portion of the 
route to Rogue River; but most of the IDen of UU1P- 
qua, having either gone to the ll1ines or to reönforce 


3932d Cong., 1st Bess., II. Ex. Doc. 2, pt. i. 143; 01'. Spectator, Aug. 12, 
1831. 



ACTIO
 OF THE GOVERNOR. 


229 


l(earney, this ,va.s a difficult undertaking, detaining hin1 
so that it \vas the last of the month before he reached 
his destination. Lane having already started south 
to look after his 111ining property before quitting Ore- 
gon for 'Vashington arrived at the U Inpqua ca1Ìon 
on the 21st, ,vhere he ,vas met by a party going north, 
frol11 \VhOnl he obtained the ne\vs of the Lattle of the 
17th and the results, \vith the inforulation that lllQre 
fighting ,vas expected. I-Iastel
ing for\vard ,vith hi
 
party of about forty lIlen he arrIved at the foot of the 
Rogue River nlountains on the night uf the 2211, 
,vhere he learned from an express rider that Kearney 
had by that tilne left can1p on Stuart creek ,vith the 
intention of making a night lIlarch in order to strike 
the Indians at daybreak of the 23d. 
He set out to join I{earney, but after a hard day's 
ride, being unsuccessful, proceeded next nlorning to 
Canlp Stuart \vith the hope of learning s01l1ething of 
the Il10venlents of Kearney's conllIland. That evening 
Scott and T'Vault canle to canlp ,vith a snlall party, 
for supplies, and Lane returned ,vith theln to the 
arulY, riding from nine o'clock in the evening to t\yO 
o'clock in the morning, and being heartily ,velcon1ed 
both by Kearn
y and the volunteers. 
Early on the 25th, the cOlnnland moved back do,vn 
the river to overtake the Indians, ,yho had escaped 
during the night, and crossing the river seven lniles 
above the ferry found the trail leading up Sardine 
creek, 'v hich being follo\ved brought thenl up \vith tIle 
fugitives, one of \vhom ,vas killed, \vhile the others 
scattered through the ,yoods like a covey of quail in 
the grass. Two days ,vere spent in pursuing and 
taki ng prisoners the ,yornen and children, the lHen 
escaping. On the 27th the arnlY scoureù the country 
from the ferry to Table Rock, returning in the even- 
ing to Camp Stuart, ,vhen the calIlpaign \vas consiù- 
ered as closed. Fifty Indians had been killed and 
thirty prisoners taken, \v hile the loss to the ,y bite 
,varriors, since the first battle, ,vas a fe\v ,vounded. 



230 


INDIAN AFFAIRS. 


The Indians had at the first been proudly defiant, 
Chief J 0 boasting that he had a thousand \varriors, 
and could keep that nUlnber of arro\vs in the air con- 
tinually. But their pride had suffered a fall \vhich 
lEft then1 apparently hun1blcd. They con1plained to 
LIane, \y hOll1 they recognized, talking across the river 
. ill stentorian tones, that ,vhite lTIen had come on 
horses in great nun1bers, invading every portion of 
their country. They ,,"ere afraid, they said, to lie 
dO\Vll to sleep lest the strangers should be upon then1. 
They \vearied of \var and \vallted peace. 40 There \vas 
truth as ,veIl as oratorical effect in their harangues, 
for just at this tin1e their sleep ,vas indeed insecure; 
but it ,vas not taken into account by them that they 
haJ given \yhite IDen this feeling of insecurity of 
\v hich they cOlnplained. 
N o\y that the fighting ,vas over Kearney \vas 
anxious to reSUlne his 11larch to,vard California, but 
,yas en1 barrassed \vith the charge of prisoners. The 
governor had not yet arrived; the superintendent of 
Indian affairs \vas a great distance off in another part 
of thè territory; there ,vas no place \v here they could 
Le confined ill Rogue River valley, nor did he kno\v 
of any nleans of sending them to Oregon City. But 
he ,vas dcternlined not to release thell1 until they had 
consented to a treaty of peace. Sooner than do that 
he \yould take thenl \vith hin1 to California and send 
then1 back to Oregon by sea. Indeed he had pro- 
ceeded \vith thern to \vithin t,venty-five n1Ïles of Shasta 
Butte, a nlining to,vn after\vard nallied Y reka, 41 \y hen 
Lane, \vho \vhen his services \vere no longer needed 
in the fielù had continued his journey to Shasta 
,-raIley, again carne to his relief by offering to escort 
the pritioners to Oregon City \vhither he \"as about 
to return, or to deliver thelll to the governor or super- 


40 Letter of Ln;nl', in Or. Statrsman, July 22, 18t'l. 
41 It is said that the Indians called J\Iount 
hasta Yee-ka, and that the 
miners having caught something of Spanish orthography and pronunciation 
changed it to Yreka; hence 
hasta Butte city became Yreka. E. Steele, ill 
Ur. Council, Juw'. 1857-8, app. 44. 



THE GAINES TREATY. 


231 


intendent of Indian affairs \vherever he n1ight find 
then1. Lieutenant Irvine,42 frolTI \V horn Lane learned 
Kearney's predicainent, carried Lane's proposition 
to the rnajor, and the prisoners \vere at once sent to 
his care, escorted by Captain vValker. Lane's pa.rt y 43 
set out in1n1ediately for the north, and on the 7th of 
July delivered their charge to Governor Gaines, \vho 
had arrived at the ferry, \vhere he ,vas encalnped 
\yith fifteen IDen \vaiting for his interpreters to bring 
the Rogue River chiefs to a council, his success in 
\yhich undertaking \vas greatly due to his possession 
of their families. Lane then hastened to Oregon City 
to elnbark for the national capital, having adùed n1uch 
to his reputation ,vith the people by his readiness of 
aetion in this first Indian ,val' ,vest of the Cascad{\ 
l\Iountains, as \yell as in the pronlpt arrest of the 
deserting riflenlen in the spring of 1850. To do, to 
do quickly, and generally to do the thing pleasing to 
the people, of \VhOU1 he al\vays seeTned to be thinking, 
,vas natural and easy for him, and in this lay the secret 
of his popularity. 
\Vhen Gaines arrived at Rogue River he found 
Kearney had gone, not a trooper in the country, and 
the Indians scattered. He 1I1ade an atten1pt to col- 
lect then1 for a council, and succeeded, as I have inti- 
l1)ated, by means of the prisoners Lane brought hin1, 
in inducing about one hundred, al110ng \VhOll1. \vere 
eleven head lnen, to agree to a peace. By the ternlS 
of the treaty, \vhich ,vas altogether illforinal, his C0111- 
n1ission having been withùra\vn, the Indians placed 


42Iryine, who was with \Villiamson on a topographical expedition, harl an 
adventure before he was well out of the Rhasta country with two Indians and 
a Frenchman who took him prisoner, hound him to a tree, and intlicten. some 
tortures upon him. The .Frenchman who was using the Indians for his own 
Imrposes finally sent them a"\""ay on some pretence, and taking the watch awl 
valuables belonging to Irvine sat down by the camp-fire to count his spoil. 
"'"hi Ie thus engaged the lieutenant succeeded in freeing himself from his 
bonLls, anù rushing upon the fellow struck him senseless for a moment. On 
recoyering himself the Frenchman struggled desperately with his formcr 
pri
oner but was finally killed and Irvine escaped. Or. Statesman, Aug. 5, 
1831. 
43 Among Lane's company were Daniel 'Yaldo, Hunter, and Rust of h.en- 
tucky, and Simonson of Indiana. 



232 


IKDIAN AFFAIRS. 


thelTIselves 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 ,yhich prolnises of good behavior they received 
back their \vives and children and any property taken 
froln theIne There ,vas nothing in the treaty to pre- 
vent the Indians, as soon as they were reunited to 
their faulilies, from resun1Íng their hostilities; and 
indeed it ,vas ,yell kno,vn that there ,vere t\VO parties 
an10ngst them-one in favor of ,var and the other 
opposed to it, but the nlajority for it. Though so 
seve!ely punished, the head chief of the ,var party re- 
fused to treat \vith Kearney, and challenged hinl to 
further conlbat, after the battle of the 23d. It ,yas 
quite natural therefore that the governor should 
qualify his belief that they \vould observe the treaty, 
provided an efficient agent and a sn1all military force 
could be sent among theln. And it was no less nat- 
ural that the nlÍners and settlers should doubt the 
keeping of the corn pact, 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 
1UCH FOR THEM-SOMETHING OF SCARFACE AND 
THE SHASTAS-STEELE SECURES A CONFERENCE-ACTION OF SUPERIN- 
TE
DENT SKINNER-MuCH ADO ABOUT NOTHING-SOl\IE 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, 
nlade a visit to Oregon; and having been persuaded 
that Port Orford ,vas the proper point f(Jr a garrison, 
transferred Lieutenant Kautz and his company of 
t\venty lllen from Astoria, where the governor had 
declared they were of no use, to Port Orford, ,vhere 
he after\vard complained they ,vere ,vorth no n1ore. 
At the same time the superintendent of Indian affairs, 
,vith agents Parrish and Spalding, repaired to the 
southern coast to treat if ps:>ssible with its people. 
They took passage on the propeller Seagull, froB1 
Portland, on the 12th of Septeillber, 1851, T'Vault's 
party being at that tin1e in the n10untains looking for 
a road. The Seagull arrived at Port Orford on the 
14th, t\VO days before T'Vault and Brush ,vere re- 
turned to thaoJt place, naked and stiff ,vith wounds, by 
the charitable llati yes of Cape Blanco. 
The twofold policy of the U nitec1 States made it 
the duty of the superintendent to notice the nlurderous 
( 233 ) 



234 


PLAUSIBLE PACIFICATION. 


conduct of the Coquilles. As Dart had come to 
treat, he did not ,vish to appear as an avenger; neither 
did he feel secure as conciJiator. It ,vas at length 
decided to ern ploy the Cape Blanco native, ,vho under- 
took to ascertain the \v hereabouts, alive or dead, of 
the seven men still n1issing of the T'Vault party. 
This he did by sending two ,vornen of his tribe to the 
Coquille River, ,vhere the killing of five, and probable 
escape of the rest, ,vas ascertained. The 'VOlnen in.. 
terred the ll1angled bodies in the sand. 
The attitude of the Coquilles ,vas not assuring. 
To treat ,vith them ,vhile they harbored 111urderers 
,vould not do; and ho\v to 111ake theln give theul up 
\vithout calling on the military puzzled the superin- 
tendent. Finally Parrish, \y hose residence aillong 
the Clatsops had given hilTI some kno\vledge of the 
coast tribes, undertook to secure hostages, but failed. l 
Dart returned to Portland about the 1st of October, 
leaving his interpreter ,vith Kautz. 
Bet\veen the visits of Governor Gaines to Rogue 
River and Dart to Port Orford, disturbances had 
been reSUlTIeÙ in the forl1ler region. Gaines had 
agreed upon a mutual restitution of property or of its 
value, which ,vas found not to \vork ,veIl, the Ininers 
being as 111uch dissatisfied as the Indians. FroIl1 this 
reason, and because the 111ajority of the Rogue River 
natives ,vere not parties to the treaty, not many "reeks 
had elapsed after Gaines returned to Oregon City 
before depradations \vere resullled. A settler's cabin 
,vas broken into on Grave Creek, and some travellers 
,vere fired on from ambush;2 rumors of ,vhich reach- 
ing the superintendent before leaving the 'Villal1lette, 
he sent a l1leSsenger to request the Rogue River 
chiefs to meet hinl at Port Orford. Ignorance of 
Indian \vays, 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, 


lOr. Anecdotes, MS., 58-61. 
2 Or. ,statesman, Sept. 2, 9, 16, and 30, 1851. 



AFFAIRS AT PORT ORFORD. 


235 


but Inade the request an excuse for further disturb- 
ances. 3 Again, there were ,vhite men in this region 
,yho killed and robbed white men, charging their 
crillles 4 upon the savages. Indian Agent Skinner held 
conferences ,vith several bands at Rogue River, all of 
y;hOlll professed friendship and accepted presents; 5 
in ,vhich better franle of rnind I 'v ill leave then} and 
return to affairs at Port Orford. 


"\Vhen intelligence of the n1assacre on the Coquille 
,vas received at division headquarters in California, 
punishnlent ,vas deemed necessary, and as I have be- 
:f.)re 111entioned, a military force was transferred to 
the Port Orford station. The troops, comnlanded by 
Lieut.enant-colonel Casey of the 2J infantry, ,vere 
portions of companies E and A, 1st dra.goons dis- 
111ounted, lieutenants Thornas Wright and George 
Stonenlan, and company C ,vith their horses. The 
dislllounted rnen arrived at Port Orford October 22d, 
and the lTIounted men by the next steanler, five days 
later. On the 31st the three cOlnpanies set out for 
the 11lOuth of the Coquille, arriving at their destina- 
tion N ovelnber 3d, Colonel Casey and Lieutenant 
Stanton leading the nlounted Inen, ,vith Brush, a sur- 
vi vor of the rnassacre, as guide, and a fe\v stragglers. 
The Coquilles \vere l
old and brave. One of them 
Inceting Wright a\vay fron1 calnp attenlpted to ,vrest 
1'1"0111 hilll his rifle, and ,vas shot by that officer for his 
tenlcrity. On the 5th the savages assembled on the 


S Two drovers, Moffat and Evans, taking a herd of swine to the Shasta. 
mines, encamped with two otbers 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 

Iofiat thew his pistol, and accidentally discharging it, hurt his hand. Irri- 
tated by the pain, l\Ioffat fired at the Indian, killing him. Another Indian 
then fired at l\Iotfat, giving him a mortal 'wound. In t!w excitemcnt, Evans 
and the Indians exchanged shots, wounds being received on hoth sides. 
:Uoffat was from Philadelphia, where he had a family. Vr. StatCðman, Nov. 
11 and 23,1831; Or. Spectator, Jan, Ü, 1832. 
4 There was at this time on the southern border of Oregon an organized 
lJand of desperadoes, white men, half-breeds, and Indians, who were the 
terror of the miners. See Popular 'l'rtbullal.
, this series, passim. 
fI U. S. Sen. Doc., 32d congo 2d sess., i. 433. 



236 


PLAUSIBLE PACIFICATION. 


north bank to the nun1ber 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 ,,,,ith the guns taken fron1 
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, ,vhile Stanton 
proceeded up the south side, ready to coöperate ,vith 
Casey when the Indians, who had no\v retreated up 
thé stream, should be found. I t ,vas soon ascertained 
that a campaign on the Coquille was no trifling matter. 
The savages \vere no,vhere to be found in force, hav- 
ing fled to,vard head ,vaters, or a favorable an1bush. 
l\larching in order was not to be thought of; and 
after several days of wading through morasses, cliu1b- 
ing hills, and forcing a ,yay among the undergro\vth 
by day and sleeping under a single \vet blanket at 
night, the order to retreat ,vas given. Nothing had 
been Inet \vith on the route but deserted villages, 
'v hich were invariably destroyed, together \vith the 
,vinter's store of provisions-a noble revenge on inno- 
cent women and children, ,,,,ho nlust starve in conse- 
quence. Returning to the mouth of the ri ver, Casey 
sent to Port Orford for boats to be brought overland, 
on the arrival of 'v hich the calnpaign ,vas recon1- 
menced on a different plan. 
In three small boats ,vere cro,vded sixty men, in 
such a nlanner that their arnlS could not be used; and 
so they proceeded up the river for four days, =finding 
no enenlY. At the forks, the current being strong, 
the troops encalnped. It ,vas nO\\7" the 20th of N 0- 
venlber, and the ,veather very inclen1ent. On the 
21st C3:sey detailed Stonenlan to proceed up the south 
branch ,vith one boat and fourteen men; ,vhile \Vright 


6 T'Vault says there were eight rifles, one musket, one double-barrellcd pis- 
tol, one Sharp's patent 36 shooting-rifle, one Colt's six-shooter, onc brace hol- 
ster pistols, with ammunition, anù some blankets. Herc were fourtecn shoot- 
ing-arms. many of them repcating, yet the party could not dcfend themselves 
on account of the suddenness and manner of the attack. Ur. StateíilíWn, Oct. 
7, 18.31. 



FIGHT 'VITH THE COQUILLES. 


237 


,yith a sin1ilar force ascended the north branch, look- 
ing for Indians. After advancing six or eight lniles, 
Stoneman discovered the enen1Y in force on both banks. 
A fcnv shots \vere 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 ,vithout finding "any foe. On the 22d 
the ,,
hole command set out t"o\vard the Indian camp 
on the south branch, taking only t\VO boats, ,vith five 
111en in each, the troops 111arching up the right bank 
to \vithin half a n1Ïle of thè point ailllcd at, ,vhen 
Stoneman crossed to the left bank ,vith one company, 
and the 111arch \vas resulned in silence, the boats con- 
tinuing to ascend ,vith equal caution. The Indians 
,vere found assembled at the junction. When the 
boats ,vere within a hundred and fifty yards of then1 
the savages opened fire \vith guns and arro\vs. Wright 
then 111ade a dash to the river bank, and with yells 
drove the savages into concealment. l\feanwhile 
Stonelnaa was busy picking off certain of the enemy 
stationed on the bank to prevent a landing. 
The eugagelnent lasted only about t,venty minutes, 
and the Coquilles had no\v scampered into the ,voods, 
,yhere it would be useless to attempt to follo\v them. 
Fifteen \vere killed and Inanyappeared to be \vounded. 
Their lodges and provisions \vere burned, ,vhile their 
canoes ,vere carried a\vay. Casey, who \vas ,vith 
'V light on the north bank, joined in the fighting ,vith 
enthusiasm, telling the men to take good aim and not 
thro\v away shots. 7 
The troops returned to the mouth of the river, 
,,
here they ren1ained for a fe,v days, and then n1arched 
back to Port Orford, and took passage on the Colu1n- 
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 Alta California, Dec. 14, 1851. It agrees with other 
but less particular accounts, in the S. 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 governnlent 
SOIne t\venty-five thousand dollars,9 and resulted in 
killing a dozen or more Indians, "7hich coming after tho 
late friendly professions of Indian Agent Parrish, did 
not tend to confidence in the prolnises of the govern- 
ment, or increase the safety of the settlers. lo 
I have told ho\v Stanton returned to Oregon ,vith 
troops to garrison Fort Orford, being- ship\vreckell 
and detained four months at Coos Bay. He haJ 
orders to explore for a road to the interior, in connec- 
tion ,vith Willianlson, \v ho had already begun this 
survey. The ,vork was prosecuted \vith energy, and 
finished in the autumn of 1852. 


The presents distributed hy Skinner had not the 
virtue to preserve lasting tranquillity in the J11ining 
region. In the latter part of April 1852, a citizen 
of l\Iarion county returning from the n1ines \vas 
robbed of his horse and other property in the Grave 
Creek hills by Rogue River Indians. This act ,vas 
fol1o\ved by other interruption of travellers, and de- 
n1and for pay for passing fords. l1 Gro\ving bolder, 
robLery ,vas follo\yed by l11urder, and then caUle \var. 12 
On the 8th of July, a Shasta, naIned Scarface, a 


8 Gal. Courier, Dec. 13, 1851. 
9 Repo'J"t of lfIajor Robert Allen, in U. S. H. Ex. Doc. 2, vol. ii. part 1, p. 
150, 32d congo 1st sess. 
10 'The commanù.ers went without an interpreter to the Coquille village, 
and just banged away until they gratified themselves, and then went to Port 
Orford anù back to San Francisco.' Parrish's Or. .Anecdotes, :1\1S., 66. See 
also Alia California, Dec. 14, 1831. 
11 JIearne's Gal. Sl.:etches, 
IS., 2. 
12 In the early spring of 1852 a party of five men, led by Jam
s Co
, left 
Jacksonville to look for mining ground toward the coast. Havmg dlSCO\T- 
ereù some good diggings on a tributary of Illinois lliyer, now ca!led J ose- 
phine Çreek, they were following up the right branch, when they (hsc?yered, 
three miles above the junction, the remains of two white men, eVI<lently 
murdered by the Indians. Being few in numher, they determined to return 
and reënforce. 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 tcn o'cloc
 
on the third, the besieged defended their little fortress, when a party. of 
.J 
came down the mountain to their relief; anù finding the count:y nc.h 1.n 
mincs, took up claims, and maùe the first pcrmanent settlement In IllInOIs 
Valley. Bcraps Soutll,crn Or. lIi:;t., in Að!tlcmd Tidin[Js, Sept. 20, 1878. 



TROUBLES 'YITH THE SHASTAS. 


239 


notorious villain, ,vho had killed his chief and usurped 
authority, nlurdered one Calvin W oodnlan, on Ind- 
ian Creek, a sn1all tributary of the Klan1ath. The 
'v hite men of Shasta and Scott's valleys arrested the 
head chief, and demanded the surrender of Scarface 
and his accon1plice, another Shasta kno,vn as Bill. 
The captured chief not only refused, but 111ade his 
escape. The nliners then organized, and in a fight 
,y hich ensued the sheriff ,vas ,vounded, SOlne horses 
being killed. l\Ir E. Steele ,vas then living at Y reka. 
He had mined in the Shasta valley \vhen Lane ,yas 
digging gold in that vicinity. The natives had nanled 
hin} J 0 Lane's Brother, and he had great influence 
,yith theln. Steelo had been absent at the tinle of 
the n1urder, but returning to Scott Valley soon after, 
found the Indians 1110ving their families to,vard the 
Sahnon Ri,-er nlountains, a sign of approaching 
trouble. Hastening to Johnson's rancho, he learned 
,y hat had occurred, and also n1et there a C0l11pany 
fronl Scott Bar prosecuting an unsuccessful search for 
the savages in the direction of Yreka. Next day, at 
the request ()f Johnson, \vho had his falnily at the 
rancho and ,vas concerned for their safety, Steele col- 
lected the Indians in Scott Valley and held a council. 
The Shastas, to \vhich nation belonged the Rogue 
River tribes, ,vere divided uuder several chiefs as fol- 
lo,ys: Tolo ,vas the ackno\v ledged head of those 'v ho 
lived in the flat country about Y reka; Scarface and Bill 
,vcre over those in Shasta Valley; John of those in 
Scott Valley; and Sanl and J 0 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 sUpren1:1cy, 'v hich ,vas inter- 
rupted by the appearance of ,vhite In en, since ,yhich 
tiUl0 each had controlled his o\vn banel. Then there 
,vere t\VO chiefs 'v ho had their country at the foot of 
the Siskiyou J\Iountains on the north side, or south of 
Jacksonville, nalnely, Tipso, that is to say, Tho Hairy, 
from his heavy beard, and Suliix, or the Bad-tem- 



240 


PLAUSIBLE PACIFICATION. 


pered, both of ,vhom ,vere unfriendly to the settlers 
and n1iners. 13 They also ha.d ,vars ,vith the Shastas 
on the south side of the Siskiyou,14 and ,vere alto- 
gether turbulent in their character. 
The chiefs ,vhom Steele induced to trust thenlselves 
inside Johnson's stockade for conference \vere Tolo, 
his son Philip, and John, \vith three of his brothers, 
one of \vhom ,vas known as Jim. These affirmed that 
they desired peace, and said if Steele ,voulcl acconl- 
pany them they ,vould go in search of the murderers. 
Accordingly a party of seven ,vas formeù, four more 
joining at Shasta cañon. 15 Proceeding to Yreka, 
Steele had SOllle trouble to protect his savages fr0111 
the citizens, 'v ho ,,,,ished to hang them. But an order 
of arrest having been obtained from the county judge, 
the party proceeded, and in t,vo days reached the 
hiding-place of Scarface and Bill. The crin1Înals had 
fled, having gone to join Sam, brother of Chief Jo, 
Lane's namesake, \vho had taken up arms because Dr 
Anlbrose, a settler, had seized the ground ,yhich ,vas 
the \vinter residence of the tribe, and because he \vould 
not betroth his daughter to Sam's son, both children 
being still of tender age. 
Tolo, Philip, and Jinl then ,vithdrew froln the party 
of \v hite men, substituting t\VO young ,varriors, w 110 
\vere pledged to find Scarface and Bill, or suffer in 
their stead. A party under \Vright then proceeded 
to the IClamath country. Steele ,vent to Rogue River, 
hearing on the Siskiyou 1\1:ountain confÌrnlation of the 
\var runlor from a captured ,varrior, after\vard shot in 
trying to effect his escape. 
Rumors of disaffection reaching Table Rock,16 seven- 


13 See Cardwell's Em. Co., MS., 15, 7. 
Hfd., 15-21; Ashland :Pid., Dec. 2,9,1876, and Sept. 20,1878. 
J5The Scott Valley men were John :J\IcLeod, James Bruce, James \Vhite, 
Peter Snellback, John Galvin, and a youth called Harry. The four from 
Shasta were J. D. Cook, F. \V. :Merritt, L. S. Thompson, and Ben. \Vright, 
who acted as interpreter. 
16J acksonville 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-fÌye or eighty l11en, ,vith John K. Lamerick as 
leacler, volunteered to go and kill Indians. Hearing 
of it, Skinner hastened to prevent slaughter, but only 
obtained a prolnise not to attack until he should have 
had an opportunity of parley. A cOlnlnittee of four 
,vas appointed by the citizens of Table Rock to ac- 
company the agent. They found Saln at his encanlp- 
nlel1t at Big Bar, two miles from the house of 
Alnbrose, and at no great distance froln Stuart's 
forlner camp. Sanl did not hesitate to cross to the 
south side to talk ,vith Skinner. He declared hiln- 
self for peace, and proposed to send for his brother 
J 0, ,vith all his band, to 111eet the agent the follo,ving 
day; nor did he n1ake any objection 'v hen told that a 
large number of 'v hite 111en ,vould be present to wit- 
ness the negotiations. . 
At this juncture, Steele arrived in the valley with 
his party and t,yO Shastas, Skinner confessing to hinl 
that the situation ,vas serious. He agreed, ho\v- 
eyer, to Steele's request to 111ake the delivery of the 
nlurdc:rers one of the conditions of peace. 
At the ti1l1e appointeù, Skinner and Stee1e repaired 
to Big Bar ,vith their respective COITIlllands and the 
volunteers under Lanlerick. One of Steele's Shastas 
,vas sent to Sam ,vi th a Inessage, requesting hin1 to 
COlne over the river and bring a fe,v of his warrior8 as 
a body-guard. After the usual Indian parley he 
canIe, a.ccompanied by J 0 and a few fighting 111en; 
but seeing Lamerick's company mounted and dra\yn 
up in . line, expressed a fear of them, when Skinner 
caused thelll to dis1l10unt and stack their arn1S. 
The 11lessenger to Sanl's c
llnp told Steele that he 
had recognized the lnurderers among Sam's people, 
and Steele deluanded his arrest; but Skinner refused, 
fearing bloodshed. The agent went further, and 
ordered the release of t,vo prisoners taken by Steele 
on the north side of the Siskiyou J\Iountains, Sam 
having first 111ade the denland, and refused to negotiate 
until it ,vas cOlllplied ,vith. The order ,vas aCCOln- 
RIST. On., VOL. II. 16 



242 


PLAUSIBLE r ACIFICATIO
. 


panied \vith the notice to Steele that he ,vas \vithin 
the j urisàiction of the person giving the cOllllllalld. 
nut all ,vas of no avail. Steele seelned as deterluined 
to precipitate \var as \vas Skinner to avoitl it. Final- 
ly Slánner addre

eù hilnself to the prisoners, telling' 
thetH they \yel'e free, that he ,vas chief of the \vhite 
people in the Indian country, and they shoulJ accept 
their liberty. On the other hand, Steele \varneLl his 
pri:')oners that if they attenlpte<.1 to e
cape they \vould 
be shot, \v hen Skinner threatened to arrest and scud 
hilll to Oregon City. The quarrel enJed by Steele 
keeping his captives under a guard of t\VO of hi
 o\,"n 
l11en, ,vho \vere instructed to shoot thenl if they ran 
a\vay, SaIn and his party being inforn1ed of the oròer. 
His six ren1aining l11en \yere stationed \vith reference 
to a surprise fron1 the rear and a rescue. 
The conference then proceeded; but prescntly a 
hundred arnled \varriors crossed the river and lllixed 
\vith the unarn1ed ,yhite 111en, \vhereupon Steele or- 
dered his nlen to resun18 their arnlS. 
The council resulted in nothing. Sain declined to 
give up the 1l1UrÙerers, anù the talk of the chiefs ,vas 
slluffiing ant.l evasi\-e. At length, on a pretenee of 
\ri
ì1Ïng to consult \yith SOUle of his people, Sanl ob- 
tained pern1Ïssion to return to the north bauk of the 
river, frolH \vhich he shouted baek defiance, aud say- 
iut)' that he shoulJ not return. The \vhite forces 
o 
,vere then <.Ii viùed, Laillerick. going \vith half the 
conlpany to a ford abo\
e Big Bar, and hiB lieutenant 
,vith the relnainder to the ford half a lllile belo\v, pre- 
pareJ to cro
s the river and attack Salu's Call1}) if any 
h08tile dell1onstrations should Le 1113lle at the council 
grouud. But the agent, apprehellsive of an outbreak, 
fullo\ycd the angry chief to tho north side, the Iud-- 
ians also crossing over until about fifty only re- 
lnained. Beco111ing alarlneù for the sufety of Skin- 
ncr, Steele placed a guard at the crossing to preyent 
all the Indians rt
turlling to calup Lefore the agent 
should COllle back, \yhich 110 did in company \vith one 



THE BATTLE BEGINS. 


243 


of the Shastas, ,vho had been sent to ,yarn hiln. 
Though the agent ,vas a\vare that this nlan could 
point out the nlurderers, he ,vould not consent, lest 
it should be a signal for battle. 
By the ti nle Steele had recrossed the river, a fresh 
COIDlllotion arose over the rUlllor that Scarface ,yas 
seen \yith t\VO others going over the hills to\vard the 
I{Janlath. The Rogue Hi ver ,varriors, still on the 
south side, observing it, began posting thenlselves 
under cover of SOlne trees, as if preparing for a skir- 
llli
h, to prevent \v hich Steele's lllen placed thenl- 
selves in a position to intercept theIn, ,vhen an 
encounter appearing imnlinent, l\Iartin Angell,17 a 
settler, proposed to the Indians to give up their 
arlllS, and sheltering themselves in a log house in 
the vicinity, to relnain there as hostages until the 
crin1Ínals should be brought back by their o,vn peo- 
ple. The proposition ,vas accepted; but \vhen they 
had filed past Steele's party they made a dash to 
gain the ,yoods. This ,vas the critical n)Olnent. To 
allo\v the savages to gain cover \vould be to expose 
the 'v hite Dlen to a fire they could not return; there- 
fore the order ,vas given, and firing set in on Loth 
sides. 
I t should not be forgotten that Steele's nlen froin 
the Califnrnia side of the Siskiyou, throughout the 
,vhole affair, had done all that \vas done to prccipitate 
the conflict, ,vhich 'vas nevertheless probably una- 
voidable in the agitated state of both Indians and 
,vhite Hlen. The savages ,vere ,veIl arnled and ready 
for ,val', and the n1Ïners anfl 
ettlers ,v ere bent on the 
l11astcry. When the firing began, Lanlcrick's COlll- 
pany \vere still at the fords, sonle distance froln the 
others. At the sound of the guns he hastened up 
the valley to give protection to the settlers' fanlilies, 


17 AngcU had formerly resided at Oregon City. He'remoyed to Rogue 
River Yalley, participated in the Indian wars, and was killed hy the savages 
of Rogue River in 18.)5. He was regan1ed as a good man anù a useful citi- 
zen, His only son maùe his re:5idence at Portland. Lane's .Autobiography, 

lS., 107. 



244 


PLAUSIBLE PACIFICATION. 


leaving a nlinority of the volunteers to engago the 
Indians from the north side should they attenlpt to 
cross the ri ver. 1S 
The fighting lasted but a short time. The Indians 
made a charge ,vith the design of releasing Steele's 
prisoners, when they ran toward the river. One ,vas 
shot before he reached it, the other as he came out of 
the ,vater on the opposite bank. Sam then ordered 
a party of warriors to the south side to cut off Steele, 
but they ,vere themselves surprised by a detachll1ent 
of the volunteers, a.nd several killed,19 the reluainder re- 
treating. Only one white man was ,vounded, and he 
in one finger. The Indian agent had retired to his resi- 
dence at the beginning of the fight. That sanle night 
inforrnation ,vas received that during the holding of the 
council sonle Indians had gone to a bar do,yn the 
river, and had surprised and killed a small conlpanyof 
miners. Larnerick at once made preparations to cross 
the river on the night of the 19th of July, and take 
his position in the pass bet\veen Table Rock and the 
river, while Steele's con1pany moved at the same tinle 
farther up, to turn the Indians back on Lamerick's 
force in the morning. The movement ,vas successful. 
Saln's people ,vere 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 C 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 saiù, "Ha'?e the Indians whipped you?" He said nothing, 
but kept on running, and crying, "Come this way." \Ve wheeled, and went 
with the crowd, who went to the house of Dr Ambrose. The Indians had 
started toward the honse, and it was supposed they meant to murder the 
family.' Cardwell's Emiyrant Company, M.S., 24. 
19 Steele says sixteen, including the prisoners. Cardwell states t11at many 
sprang into the water and were shot. Skinner gives the number as four; and 

tatcs 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. S. 
fjen. Doc., i., 32d congo 2<1 scss., Y01. i. pt i. 457. Cm'dweU's Emigrant Com- 
pany, :MS., 2'}; California, Star, Aug. 7, IS.}!. 



TRUCE AND REË:NFORCEMENT. 


245 


nlaiutainer of the peace, and ,vas busy preparing for 
the defence of his house and property, ,vas slo\v to 
respond to this request. A council ,vas appointed for 
the next day. In the explanations which fûllo\ved it 
,vas ascertained that Scarface had not been ,vith Sam, 
but \vas hiding in the Salmon River mountains. The 
p8I'SOn pointed out as Scarface ,vas Sullix of Tipso's 
band, who also had a face badly scarred. The real 
crin1Ïnal ,vas ultimately arrested, and hanged at Y reka. 
A treaty was agreed to by Sam requiring the Rogue 
River Indians to hold no comrnunication ,vith the 
Shastas. 20 For the rernainder of the SUllllner hostili- 
ties on Rogue River were suspended, the Indian agent 
occasionally presenting Sarn'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 ,vas the condition of Indian affairs in the 
south of Oregon in the sunllner and autulnn of 1852, 
,vhen the superintendent received official notice that 
all the Indian treaties negotiated in Oregon had been 
ordered to lie upon the table in the senate; ,vhile 
be was instructed by the comnlissioncr, until the 
general policy of the governn1ent should be more def- 
initely understood, to enter into no n10re treaty stip- 
ulations ,vith them, except such as n1Îght be ilnperi- 
ously required to preserve peace. 22 .As if partiaHy to 
avert the probable consequences to the people of Ore- 
gon of this rejection of the treaties entered into be- 
t\veen Governor Gaines, Superintendent Dart, and the 
Indians, there arrived at Vancouver, in Septeruber, 
268 IHen, rank and file, composing the skeleton of the 
4th regiment of infantry, unJer Lieutenant-colonel 
Bonneville. 23 I t was now too late in the season for 


20 Sullix was badly wounded on the day of the battle. See OardweU's 
Emigrant Company, J\IS., 2.3-6. 
:.II The expenses of Steele's expedition were $2,200, which were never reim- 
bursed from any source. 
22 Letter of Anson Dart in Or. Stat('sman, Oct. 30, 1852. Dart resigned 
ill December, his resignation to take effect the foUowing June. 

3 · A large number of the 4th reg. had. dicd on the Isthmus.' Or. Statu- 
man, Sept. 
.3, 18.32. 



246 


PLAUSIBLE PACIFICA.TION. 


troops to do lnore than go into \vinter quarters. The 
settlers and the enligration had defended then1sel yes 
for another year ,vithout aid frOnl the governluent, 
and the C01l1nlents after\varJ nlade upon their luanner 
of doing it, in the opinion of the volunteers calne ,vith 
a very ill grace fronì the officers of that governlnent. 2 4. 


24: Further details of this campaign are gi\?en in Lane's A utobio[/7Yrplty, I\1S.; 
Cardwell's Emi!Jrant Cornpany, 1\18.; and the files of the Oregon Statesman. 



CHAPTER IX. 


SURVEYS AND TO'VN-:l\lAKING. 


1851-1853. 


PROPOSED TERRITORIAL DIVISION-COAST SURVEy-LIGHT-HOUSES ESTAB- 
LISIIED-JA:M:ES S. LAWSON-HIS BIOGRAPHY, PUBLIC SERVICE
, AND 
CONTRIBUTION TO HISTORy-PROGRESS NORTH OF THE COLUMBIA-SOrTH 
OF THE COLUMBIA-BIRTH OF TOWNS-CREATIOY OF COUKTIES-PROPO::;ED 
NEW TERRITORy-RIVER NAVIGATION-I:.\IPROVEl\IE5TS AT THE CLACK- 
A)L\S RAPIDS-O
 THE TUALATH\ RIVER-LA CREOLE RIVER-BRIDGE- 
BV ILDI
G- 'V ORK AT THE FALLS OF THE 'V ILLAl\IETTE- FRUIT CULTrRE 
-THE FIRST ApPLES SEST TO CALIFORNIA-AGRICULTURAL PROGRE:SS- 
I
IPORTS AND EXPORTS-SOCIETY. 


A 1tIOVE)lE
T ,vas made north of the Columbia 
River in the spring of 1851, to divide Oregon, all 
that portion north and ,vest of the Colunl bia to Le 
erected into a lle\V territory, ,vith a separate govern- 
lllent-a schelne ,vhich nlet ,vith little oppo
itiun 
froiD the legislature of Oregon or froin cOllgre
s. 
Accordingly in l\Iarch 1853 the separation \vas con- 
SU111nlateù. The reasons ad\Tanced ,vel'e the aIlege(l 
disad vanta.ges to the Puget Sound region of unequal 
legislation, distance fron1 the seat of governinellt, 
and rivalry in conllnercial interests. North of the 
Colun1 bia progress \vas slo\v fro1l1 the beginning of 
AUlerican settlelnents in 1845 to 1850, \vhen the 
Puget Sound region began to feel the effect of the 
California gold discoveries, ,vith increased facilities 
for cOllnllunication ,vith the east. In ans\ver to tl1e 
oft-repeated prayers of the legislature of Oregon, 
that a survey luight be Inade of the Pacific coa
t of 
the U nitt:d State
, a cOllu11ission \yas appointed in 
( 247 ) 



248 


SURVEYS 
T)) TOWN-:MAKING. 


N ovenlber 1848, \vhose business it ,vas to Inake an ex- 
amination \vith reference to points of occupation for 
the security of trade and commerce, and for military 
and naval purposes. 
The conllnissioners \vere Brevet Colonel J. L. SUlith, 
)Iajor Cornelius A. Ogden, Lieutenant Danville Lead- 
better of the engineer corps of the United States arnlY, 
and conlnlanders Louis M. Goldsborough, G. J. Van 
Brunt, and Lieutenant SirHon F. Blunt of the navy. 
They sailed from San Francisco in the governillent 
stealn propeller JJIassachusetts, officered by Sallluel 
I(nox, lieutenant comnlanding, Isaac N. Briceland act- 
ing lieutenant, and J alnes H. 1\100re acting 111aster, 
arriving in Puget Sound about the sallle time the 
Ewing reached the Colull1bia River in the spring of 
1850, and remaining in the sound until July. The 
cOlnrnissioners reported in favor of light-houses at 
N e\v Dungeness and Cape Flattery, or Tatooch Island, 
inforlning the governlllent that traffic had llluch in- 
creased in Oregon, and on the sound, it being their 
opinion that no spot on the globe offered equal facili- 
ties for the lunlber trade.! Shoal\vater Bay \vas ex- 
anlined by Lieutenant Leadbetter, ,yho gave his nan18 
to the southern side of the entrance, ",y hich is called 
Leadbetter Point. The .111assachusetts visited the Co- 
IUln Lia, and reconlmended Cape Disappointluent on 
\vhich to place a light-house. After this superficial 
reconnoissance, which ternlinated in July, the COffilllis- 
sion<irs r8turned to California. 
The length of time elapsing from the sailing of the ' 
cOlllnlÍssion frorll N 8\V York to its arrival on the N orth- 
\vest Coast, \vith the cOlnplaints 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 nluch as 
possible; a request \vhich led the latter to despatch a 
third party, in the spring of 1850, under Professor 
George Davidson, \vhich arrived in California in June, 
1 Coast Survey, 18.30, 127. 



D.A. VIDSON'S SURVEY. 


249 


and proceeded innllediately to carry out the intentions 
of the goverlllnent. 2 Being eluployed on the coast of 
southern California, Davidson did not reach Oregon 
till June 1851, ,vhen he con1pleted the topographical 
surveys of Cape Disappointn1ent, Point Ada111s, and 
Sand Island, at the entrance to the Columbia, and de- 
parted south\vard, having tin1e only to exan1Ïne Port 
Orford harbor before the ,vinter storn1S. It ,vas not 
until July 1852 that a protracted and careful survey 
,vas begun by Davidson's party, ,vhen he returned in 
the stealner Active,3 Captain James Alden of the navy, 
to examine the shores of the Strait of Fuca and adja- 
cent coasts, a ,york in which he \vas engaged for sev- 
eral years, to his o,vn credit and the advantage of the 
country.4 For many years Captain La\vson 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. :1\1. Harrison, J amcs S. Lawson, and John Rockwell. They 
sailed in the steamcr Philadelphia, Capt. Robert Pearson, crossed the Isthmus, 
and took p
ssage again on the 1'ennessee, Capt. Cole, for San Francisco. Lltw- 
son's Autobio!J7.aphy, 1\18., 5-18. 
3 The Actire was the old steamer Gold Hunter rechristened. Lawson's Au- 
tobiograph!/, 
18., 49. 
4 For biography, and further information concerning Prof. Davidson and 
his labors, see lJist. Gal., this series. 
1) 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 ob;er- 
vatory in the college grounds. The llight observcrs 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 
l>l1iladelphia, which l)osition he held for one year, when he was offered a po- 
sition in the Friends' school at Wilmington, Delaware, under charge of Sam- 
uel Allsoff. In January 1848 Lawson commenced duty as a clcrk 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 survcys on the 
Pacific coast in 18.30. From the time of his arrival on the Pacific coast to the 
present, Capt. Lawson has been almost continuously cng:;tgeù in the lahor of 
making government surveys as an assistant of Prof. Davidson. L(tll"son's 
Autobiography, :1\18., 2. His work for a number of ycars 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, whcre his 
high character and scientifio 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 TO'Y:N-:MAKIXG. 


I have referred to the sUI'ycying expeditions in this 
place ,,
ith the de
igll, not only of bringing theul into 
their proper sequence in point of tilne, but to n1ake 
plain as I proceed correlative portions of IllY narra- 
tive. 
Betw'een 1846, the year follo\ving the first Alueri- 
can settleluents on Puget Sound, and 1848, popula- 
tion did not llluch increl1se, nor ,vas there any COlll- 
Illerce to speak of \vith the outside \vol'ld until the 
autunlIl of the last-nan1ed year, \vhen the settlers 
disca.rded their shingle-luaking and their insignificant 
trade at Fort Nisqually, to open \vith their ox-teanlS 
a \\Tagon road to the n1Ïnes on the Anlerican River. 
The l1e\v InoveUlent revolutionized affairs. Not only 
,vas the precious dust no\v to be found in gratifying 
hulk in HUlny odd receptacles never intended for such 
use in the cabins of squatters, but nloney, real hard 
coin, becan1e once n10re fanliliar to fingers that had 
nearly forgotten the toueh of the precious luetals. 
In January 1850, SOIne returning 111illerS reached the 
Sound in the first Alnerican vessel entering tho:.;e "ra_ 
ters for the purposes of trade, a.nd o\vned by a COln- 
pany of four of them. 6 This \vas the beginning of 
trade on Puget Sound, \v hich had increased cunsider- 
ably in 1852-3, o,ving to the denland for 1lll11her in 
San Francisco. The to\vns of OIYlnpia, Steilacooln, 
Alki, Seattle, and Port To\vnsend already enjoyed 
80n10 of the advantages of COl1nnerce, though yet in 
their infancy. A to\vn had been started 011 Baker 
Bay, \vhieh, ho\vever, had but a brief existence, and 
settlelnents had been luade on Shoal\vater Bay and 
Gray Harbor, as \vell as on the principal rivers cnter- 
ing then1, and at Co\vlitz Landing. At tho Cascades 
of the Columbia a to\vn \VaS surveyed in 1850, and 
ing, bcsiùes a history of the scientific. work of the coast survey, many original 
scraps of history, biography, and anccdotes of persons met with in the early 

'cars of the scrvice, both in Oregon anù California. Published entire it would 
bc rcad with intercst. It is often a source of regrct that the limits of my 
work, cxtendcd as it is, prcclude the possibility of extracting all that is 
tempting in my manuscripts. 
6 See 11 ist. IVa.sh., this serics. 



POPULATION. 


251 


trading pstablishlnents 10cateJ at the upper and l()\ver 
falls; and in faet, the Inap of that portion of Oregon 
north of the Colulubia had nlarked upon it in the 
spring of 185
 nearly every inlportant point ,vhich is 
seen there to-day. 


Of the general condition of the country south of the 
Colun1bia at the period of the division, sonlething 111ay 
be here said, as I shall not again refer to it in a par- 
tieular lnanner. The population, before the addition 
of the large inlnligration of 1852, ,vas about t\yenty 
thousand, lllost of \vhon1 \yere scattered over the 
'Vilhunette Valley upon farn18. The rage for laying 
out to\vns, \vhich "Tas at its height froln 1850 to 
1853, had a tendency to retard the gro\vth of any 
ODe of thenl. 7 Oregon City, the oldest in the terri- 
tory, had not nluch over one thousand inhabitants. 
Po;,tland, l)y reason of its advantages for unloading 
shipping, had lÌouble that nun) bel'. The other to\Yl1S, 
l\Iihvaukic, Salenl, Corvallis, Albany, Eugene, Lafay- 
ette, Dayton, and Hillsboro, and the ne\ver ones in the 
southern valleys, could none of theln count a thout;and. 8 


7 Joel Pa]mE;r bought the claim of Andrew Smith, and founded the town 
of Dayton about 1830. Lafayette was the property of Joel Perkins, Cor- 
Ya
lis of .J. C. Avery, Albany of the .Monteith brothers, Eugene of Eugene 
SI
innel', Canyonville of Jesse Roberts, who soM it to 1\larks, 
ideman & Co., 
who laid it out for a town. 
i' A town called l\1ilwallkie was survevec1 on the claim of Lot \Vhiteomb. 
It contained 500 inhabitants in the autm;m of 18.30, more than it had thirty 
years later. Ur. S}Jectafor, Nov. 28, 1830. Deady, in OvcTland llIontldy, i. 37. 
Os\vego, on the '';Test hank of the \Villamette, later famons for its iron-works, 
waJ laill out about the same time, but never had the population of .l\lilwaukie, 
of which it was the rival. Dallas, in Polk county, was foundell in 1832. 
St Helen, on the Columbia, was competing for the advantage of being the 
seaport of Oregon, and the Paoifie 1\Iail Steamship Company hall decree.! 
that 80 it should be, when the remonstrances, if not the sinister acts, of 
Portland men eLected the ruin of ambitious hopes. St Helen was on the 
laull claim of H. 
I. Kni
hton, an immigrant of 1845, and had an excellent 
situation. Jrped',.:: (J'llef'n C/wTlotte J.
l. E:l'p., 1\18., 7. '1\lilton and St Helen, 
on0 anJ a half miles apart, on the Columbia, hall each 20 or 2,) houses.. . . 
Gray, a D
ne, was the chief founder of ::-;t Helen.' Saint-Amanf, rOJla[lc8 
('n Cal. it Or., 308-1), 378. It was surveyell and marked out ill lots and Llocks 
hy p, \V. Crawfonl, assisted by "T. II. Tappan, and afterwar,l mappf'd hy 
Joseph Trutch, later of Victoria, B. C. A road was laid out to the l'ualatill 
phins. and a railro.::.d projected; the steamship company erected a wharf with 
other improvements. But meetings wcre held in Portland to prm-ent the 



252 


SURVEYS AXD TO'VN-M:AKING. 


SOlne atnbitious persons attempted to get a county 
organization for the country east of the Cascade 
J\fountains 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. 
l\lilton, another candidate for favor, was situated on Scappoose Day, an 
arm of the 'Villamette, 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 lumber to load the bark Loui,-;iana, 
which they owned. They also opened a store there, and assisted ill 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, 
Ienzies, Pope, and vVilliams were interested in :Milton. 
Crcwiord's },,7ar., 
lS., 223. Among the settlers in the vicinity of St Helen 
and :l\1ilton was Capt. F. A. Lemont, of Bath, Maine, who as a sailor accom- 
!mnied Capt. Dominis when he entered the Columbia in 182Ø-30. He was after- 
ward on 'Vyeth's vessel, the .JIay DaC1"e, which was in the river in 183..t Re- 
turning to Oregon after having been master of several vessels, he settled at 
St Helen in 1830, where he still resides. Of the early residents Lemont has 
furnished me the following list from memory: Benjamin Durell, 'Vitherell, 'V. 
H. Tappan, Joseph Trutch, John Trutch, L. C. Gray, Aaron Broylcs, James 
G. Hunter, Dr Adlum, Hiram Field, Seth Pope, John Doilge, George Thing, 
'Yïl1iam English, '\Villiam Hazard, Benjamin Teal, B. Conley, 'Villiam 

leeker, Charles H. Reed, Joseph Caples, Joseph Cunningham, A. E. Clark, 
Robert Germain, G. "V. Veasie, C. Carpenter, J. Carpenter, Lockwood, Lit- 
tle, Tripp, Berry, Dunn, Burrows, Fiske, Layton, Kearns, Holly, :l\1aybee, 
ArchiIles, Cortland, and Atwood, with others. Knighton, the owner of St 
Helen, is pronounced by Crawford a 'presumptuous man,' bccause 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 spittcd. He subsequently sailed a vessel to China, and finallyengan-cd 
as a captain on the 'Villamette. Knighton died at The Dalles about 1864. 
His wifc was Elizabeth lVlartin of YamhiU county. He left several childrcn 
in 'Vashington. 
'Yestport, on the Columbia, thirty miles above Astoria, was settled hy 
John 'Vest in 1831; and Rainier, opposite the Cowlitz, by Charles E. Fcx in 
the same year. It served for several years as a distributing point for mail 
and passcngers to and from Puget Sound. Frank '\Varreu, A. Harper and 
brother, and 'Villiam C. 
Ioody were among the residents at Rainier. Craw- 
ford's .1Var., 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 
Thc Dallcs. 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 anù Indians, which they sold to the miners in California. After the 
establishment of a military post at The Dalles, it rcquired a governmcnt 
license, issued by thc sup. of Indian affairs, to trade anywhere above the 
Cascades, and a special permission from the commander of the post to traJ.e 
at this point. John C. Bell of Salem was the first tradcr at The Dalles, as 
he was sutler for the army at The Dallcs in 1850. When the rifle rcgiment 
,ycre ordered away, Bell sold to '\Villiam Gibson, who then became sutler. 
In 1851 A. 
IcKinlay & Co., of Oregon City, obtained pcrmi8sion to cstab- 
lish a trading post at The Dalles, and building a cabin they placed it in 
charge of Perrin Whitman. In 1832, they erected a frame building wcst of 
the prcsent Umatilla House, which thcy used as a store, but sold the follow- 
ing ycar to Simms and Humason. 'V. C. Laughlin took a. land claim this 



COUXTY ORGAXIZATION. 


253 


isJature would have consented if they had agreed to 
have the ne\v 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, ,vhich ,vas however established in Janu- 
ary 1854, and called Wasco. 9 In the nlatter of other 
county organizations south of the Columbia, the leg- 
islature ,vas ready to grant all petitions if not to an- 
ticipate theine 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, anù built a store the fol- 
lowing year; and 'Villiam 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 info 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 go,-ernmellt sup- 
plies might be more easily and rapidly conveyed. The immigration of 18,)2 
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 :l\1ountains north of the Columbia. 
River were current about this time. H. P. Isaacs of 'Valla. 'Valla, who is 
the author of an intelligent account of the development of eastern Oregon 
and \Yashington, entitled 'l'he Upper Cnlumbia Basin, :MS., relates that a 
Klikitat found and gave to a Frenchman a piece of gold quartz, which heing 
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 Boisé, putting a 
ferry across Snake River in the summer of that year, but returning to The 
DaUes, where he remained until 1803, when he removed to the 'Valla \Valla 
Valley and put up a. grist mill, and nssisted in various ways to improve that 
section. Isaacs marrieù 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 
lcKinlay & 
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. 
Cushing and Low soon put up another log store, and James :McAuliff a third. 
Dul,Tes lJIountaiueer, :May 28, 1869. 
9 OJ'. Jour. Council, 1852-3, 90; Gpn. Laws Or., 544. The establishment 
of 'Vasco county was opposed by 
lajor Rains of the 4th infantry stationed 
at Fort Dalles in the winter of 1853-4. He said th:::.t \Vasco county was the 
largest ever known, though it had but about thirty-five white inhabitants, 
and these claimed n right to locate where they chose, in accordance with the 
act of Sept. 27, 18:>0. Or. Jour. Council, 18:>3-4, app, 49-50; U. S. Sen. Doc. 
10, vol. vi. 10-17, 33d congo 2d sess. Rains reported to 'Va.shington, which 
frustrated for a time the efforts of Lane to get a bill through congress regu- 
lating hounty warrants in Oregon, it being feared that some of them might 
be located in \Vasco county. 01'. Statf'smaJl, 
larch 20, 18:>5; Congo niobe, 
33d congo 2<1 sess., 490. \Vm C. Laughlin, \Varren Keith, and John Tomp- 
kins werA appointed commissioners, J. A. Simms sheriff, and Justin Chen- 
oweth, judge. 



254 


SUnVEYS A
D TO'YN-l\IAKIXG. 


iug the valley of Rogue River and the country ,vest 
of it to the Pacific. .At the session of 1853, it created 
Coos county froln the \vestern portion of Jackson, 
Tillalnook froln the "7estern part of Y alnhilJ, and 
Colun} bin, fronl the northern end of Washin0'ton COUll- 
ü 
ty. The county seat of Douglas ,vas changed froln 
'Vinchester to Roseburg by election, according to an 
act of the legislature. 
The creation of ne\v counties and the loss of th08e 
north of the Colun) bia called for another census, and 
the redistricting of the territory of Oregon, \vith the 
reapportionll1ent of nlenlbers of the legi::;;lative assenl- 
Lly, 'v hich consisted under the ne,v arrangenlent of 
thirty 111en1bers. The first judicial district ,vas nlade 
to conlprise 1\1arion, Linn, Lane, Benton, and Polk, 
and ,vas assigned to Judge 'Villianls. The secant! 
district, consisting of Washington, Clackall1D.S, Ya1l1- 
hilI, and Colunlbia, to Judge Olney; ,vhile the third, 
c0111prising U Inpqua, Douglas, Jackson, and Coos, 
,vas given to 1\lcFadden, ,vho held it for one ternl 
only, ,vhell Deady ,vas reinstated. 


N ot,vithstanding the Indian disturbances in south- 
ern Oregon, its gro,vth continued to be rapid. The 
shifting nature of the population Illay be inferred fron1 
t:
ct that to Jackson county \vas apportioned four rep- 
resentatives, ,vhile Marion, \Vashington, and Clacka- 
lllas ,vere each allo,ved but three. 10 
A schenle ,vas put on foot to form a ne,v territory 
out of the southern countries ,vith a portion of north- 
ern California, the lTIOVenlent originating at Y reka, 
,yhere it ,vas a.dvocated by the Jlountain lIe ra ld. A 
111eeting ,vas held at Jacksonville Januar
y 7, 1854, 
,vhich appointed a convention for the 25th. 1\1en10- 
rials ,vere drafted to congress and the Oregon aud 
California legislatures. The proceedings of the con- 
vention ,vere published in the leading journals of the 
coast, but the project received no cl1couragC111cnt frOI1l 
10 OJ". Statesman, Feb. 14, 1834. 



STE_L\IERS OX THE 'VILL.A
IETTE. 


255 


legi
lators, nor dill Lane lend hilnself to the SChCIllC 
further than to present the nlCl110rial to congress. l1 
On thc contrary, he \yrote to the Jacksonville lualecon- 
tcuts that he could not approve of their action, ,yhich 
,vuuld, as he could easily discern, delay the adlnission 
of Oregon as a state
 a consulnmation ,vished for Ly 
hi8 supporters, to ,,,bOl11 he essayed to add the de1l10- 
crats of southern Oregon. Nothing further ,vas 
thenccfor\vard heard of the projccted ne,v territory.12 


Nothing ,vas lllore indicative of the change taking 
place \yith the introduction of gold than the iluprove- 
llH'nt ill the 11leanS of transportation on the 'Villaulette 
and Colulllbia rivers, \vhich ,vas no\v performed by 
steau1 boats. 13 


11 U. 8. fl. J01U'., 609, 33d congo 1st sessa 
12 The Oregon men known to have been connected with this movement 
were 
all1ucl Cuh-er, T. l\lcFadden Patton, L. F. :Mosher, D. 1\1. Kenny, 8. 
Ettlinger, Jesse Richanlson, 'V. 'V. Fowler, C, Sims, Anthony Little, 
. c. 
Gra\'cs, 'V. Burt, George Dart, A. 1\IcIntire, G. L. Snelling, ü. So Drew, 
John E. Ross, Richard Dugan, :Martin Angell, and J. A. Lupton. Those 
from the south side of the Siskiyou 
Iountains were E. Steele, H. G. Ferris, 
(J, N. Thornbury, E. J. Curtis, E, :Moore, O. 'Vheelock, anû J. Darrough. 
Or. Statc,'mwn, Feb. 7 amI 
8, 1834. 
l3The fÌrst steamboat built to run upon these waters was called the Colzlm- 
birl. She was an oddly shaped and clumsy craft, being a double-ender, li!wa 
ferry-hoat. Her machinery was purchased in California by James Frost, one 
of the fullowers of the rifle regiment, who brought it to Astoria, where his 
boat \\ as huilt. Frost was sutlcr to the regiment in which his brother was 
quartermaster. He returned to :l\1issouri, and in the civil war held a C0111- 
Jlland in the rebellious militia of that state. His home was afterward in St 
Louis. Dead!!, in Jl rCrad'clt'.
 Portland, )1S.) 7. It was a slow boat, taking 
2G hOUl"H from Astoria to Oregon City, to which point she lll:1de her first \'oy- 
age .J uly 4, 1830. S. Jr: Pac. .f.,T CtCS , _May]I, July 2-1, anti Aug. 1, 18JO; S. 
]': J/( raid, July 24, lö30; Portland Stan,zard, July 8, 18;!). 
The second yenture in steam navigation was the Lot JVhitcomb of Oregon, 
namcd after her owner, uuilt at 
lilwaukie, and launched with much ccre- 
mony on Christm:Ls, 1830, She began running in 1\larch follO\ving. Tho 
name was selectetl by a committee nominatetl in a public meeting held for the 
purpose, 'V. K. Kilborn in the chair, and A. Bush secretary. The commit- 
tee, 
\.. L. Lovcjoy, Hector Campbell, 'V. 'V. Buck, Capt. Kilborn, and Gov- 
ernor (
aines, decided to give her the uame of her owner, who was prcsented 
with a handsome suit of colors by Kilborn, Lovejoy, aml K. FortI for the 
mceting. Or. Spf'cta'or, Dcc. 1
, 1830, and .June 27, 1831. She was built by 
a rcgular ship-buihIer, Hameù Hanscombc, her machinery lJeing purchased in 

all Francisco. Deady's JIi..
t. Úr., 
18" 2]; 11IcCracl.:cn'sPortlaud, 1\lS" 11; 
Erig[;'...; Port 'l'owJlse71d, I\1S" 

; SClcramento 'P1'anscJ'ipf., June 20, It;30; 
Únr!cwd .Ll1071thly, i. 37. In the SUlllmer of 1833 the Whitcomb was sold to 
a California company for $30,000, just $42.000 more than she cost. The Lot 
Whitcomb was greatly superior to the first steamer. Both obtained large 
priCèS for carrying passengers and freight, and for towing sailing vcs.3els on 



256 


SURVEYS AND TO'YN-:\IAKIXG. 


The navigation of the vVilla111ette ,vas much im- 
peded by rocks and rapids. On the Clackan1as rapids 
belo,v Oregon City, thirty thousand dollars ,vas ex- 
pended in reilloving obstructions to stealners, and the 
channel ,vas also cleared to Salem in 1852. The 
Tualatin River ,vas made navigable for sotne distance 
by private enterprise. A canal ,vas made to connect 


the Columbia. 
icCracken says he paid two ounces of gold-dust for a pas- 
sage on the Columb.ia from Astoria to Portland which lasted two days, sleep- 
ing on the upper deck, the steamer having a great many on board. P07.tlaml, 
1\1:::;., 4. \Vhen the JVhitcomb began running the fare was reduced to 815. 
John J\lcCracken 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, stenmboats, and merchandising. His wife was a daughter of Dr 
Barclay of Oregon City, formerly of the H. B. Co. 
From the summer of 1831, 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 //æzak, 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- 
l(tmettp, a steam schooner belonging to Howland and Aspinwall, arrived. in 
J\larch 1853
 by sailing vessel, being put together on the upper \Yillamette, 
finished in the autumn, and run for a season, after which she ,\'as brought 
o\?er 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 J\lurray, 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 JViaamette was a siJe-wbeel steamer 
and finished iu fine style, but not adapted to the navigation of the \Villam- 
ette River. Athey's Workshops, 1\1S., 5; Or. Spectator, Sept. 30, 1851. The 
IJoosier, huilt to run on the upper river, was finished in 11ay 18:>1, and the 
Yamhill in August. In the autumn of the same year a small iron steamer, 
called the Bully JVashington, was placed on the lower river. This boat was 
subsequently taken to the Umpqua, where she ran until a better one, the 
llinsdale, owned by Hinsdale and Lane, was built. The },[1lltnornah 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, kiiling two per- 
sons and injuring others. The Castle and the Orp[Jon were also running at 
this time. On the Upper Columbia, between the Cascades anù 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. 'V. \Vatldns. Dalle.q .J..1Io'lwtainf'f'T, 
J\lay 28, IS(j!). The Belle and the Eagle, two small iron steamers, were run- 
ning on the Columbia about this time. The B"lle was built at Oregon City 
for \Vells and \Villiams. The Eagle was brought to Oregon hy ..lohn Irving, 
who died in Victoria in 1874. The Fas1zion ran to the Cascades to connect 
with the Flint. Further facts concerning the history of steamboatillg will be 
br(\ught out in another part of this work, this brief abstract being intended 
only to show the progress made from 1830 to 1833. 



PROSPEROUS FAR
IING. 


237 


La Créole River ,vith the 'Villamette. The Yan1hill 
River \vas spanned at Lafayette ,vith a strong double- 
track bridge placed on abutn1ents of he,vn tin1ber, 
bolted and filled ,vith earth, and raised fifty feet 
aboye lo\v ,vater. 14 This ,vas the first structure of 
the kind in the country. The Rockville Canal and 
Transportation COlllpany ,vas incorporated in Febru- 
ary 1853, for the purpose of constructing a basin or 
break,vater \vith a canal at and around the falls of the 
'Villalnette, 'v hich work ,vas completed by Decelllber 
1854, greatly increasing the cOll1fort of travel by 
avoiding the portage. I5 
In 1851 the fruit trees set out in 1847 began to 
bear, so that a limited supply of fruit ,vas furnished 
the home nlarket ;16 and t\VO years later a shipn1ent 
,vas Inade out of the territory by J\Ieek and Luell- 
ing, of l\lil\vaukie, ,vho sold four bushels of apples in 
San Francisco for five hundred dollars. The follo\ving 
year they sent forty bushels to the salne luarket, 
,vhich brought t\venty-five hundred dollars. In 1861 
the shiplnent of apples from Oregon an10unted to over 
seventy-five thousand bushels ;17 but they no longer 


HO r . Stqtpsman, Sept. 23, 1851. 
]j ld., Feb. 26, 18.33. Deady gives some account of this important work 
in his J-J.ist. Or., 
IS., 28. A man named Page from California, representing 
capital in that state, procured the passage of the act of incorporation. The 
project was to builù a basin on the west side of the ri ,Fer 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 
"orks were made with ropes, wheels, and cages, in which passsengers and 
goods were lifted up. Page was killed by the explosion of tbe Gazelle, owned 
by the company, after which the enterprise went to pieces through suits 
brought against the company by employés, and the property fell into the 
hands of Kelley, one of the lawyers, and Robert Pentland. In the winter of 
ISGO-l, 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 :McCarver'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, cherrip-s, nect3.rines, and small fruits. It yielded this year 15 bushels of 
currants, and a full crop of the above-named fruits. Or. Statesman, J uly 
!), 
1831. In 1832, R, C. Geer advertised hi::) nursery as containing 42 varieties 
of apples, 15 of pears, 5 of peaches, and G of cherries. Thomas Cox raised 
a Rhode Island greening 12
 inches in circumference, a gooù size for a young 
tree. Id., Dec. 18, 1852. 
17 [d., Sept. 22, 18G2; Oregonian, July 15,1862; Overland Monthly, i. 39. 
RIST. On" VOL. II. 17 



258 


SURVEYS Á.L
D TO'YN-l\lAKING. 


,vere ,vorth their ,veight in gold. The productiveness 
of the country in every ,yay ,vas ,veIl established be- 
fore 1853, as lnay be seen in the frequent aUusiòns to 
extraordinary gro,vth and yield. I8 If the farn1er ,vas 
not con1fortable and happy in the period bet,veen 1850 
and 1860, it ,vas because he had not in hilll the ca- 
pacity for enjoying the bounty of unspoiJed nature, 
and the good fortune of a ready market; and yet 
some there ,vere ,vho in the midst of affluence Jived 
like the starveling peasantry of other countries, fronl 
simple indifference to the advantages of comfort in 
their surroundings. I9 


The imports in 1852-3, according to the commerce 
and navigation reports, an10unted to about $84,000, 
Lut were probably more than that. Direct trade 
,vith China \yas begun in 1851, the brig A1nazon 
bringing a cargo of tea, coffee, sugar, syrup, and 
other articles frorn vVhampoa to Portland, consigned 
to Norris and Cornpany. The same year the schooner 
John Alleyne brought a cargo of Sand,vich Islands 
products consigned to Allen :ß,IcI{inlayand COlnpany 
of Oregon City, but nothing like a regular trade \vith 
foreign ports ,vas established for several years later, 
and the exports generally \vent no farther than San 
Francisco. Farming nlachinery did not begin to be 
introduced till 1852, the first reaper brought to Ore- 
gon being a McCorll1Ïck, ,vhich found general use 
throughout the territory.23 As might be expected, 
society inlproved in its out",-ard nlanifestations, and 
the rising generation \vere permitted to enjoy privi- 


J80nc bunch of 257 stalks of wheat from Geer's farm, :l\Iarion eounty, av- 
eraged GO grains to the head. On Hubbard's farm in Yamhill, one head of 
timothy measured 14 inches. Oats on :M:cVicker's farm in Clackamas stood 
over 8 feet in height. In the Cowlitz Valley one hill of potatoes weighed 
53 pounds and another 40. Two turnips would fill a half-bushel measure. 
Tohnie, at Nisqually, raised an onion that weighed a pound and tcn ounces. 
Columbian, Nov. 18, 1831. The troops at Stcilacoom raised on l
 acres of 
ground 5,000 bushels of potatoes, some of which weighed two pounds each. 
Ur. Spcctat07', Nov. 18, 1831. 
IV De Bow's Encycl" xiv. G03-4; Fiske,,' and ColbY's Am. Statistics, 429-30. 
20 Or. StaÜsman, July 24, 18,)2. 



TRADE A
D SOCIETY. 


259 


leges ,vhich their parents had only drearned of \vhen 
they set their faces to,vard the far Pacific-the priv- 
ileges of education, travel, and intercourse \vith older 
countries, as well as ease and plenty in their Oregon 
hOI11es. 21 And yet this ,vas only the beginning of the 
end at \v hich the descendants of the pioneers ,vere 
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: 
Iissouri, 2,206; Illinois, 1,023; Kentucky, over 700; Indiana, over 700; 
Ohio, over 600; New York, over 600; Virginia, over 400; Tennessee, o\"er 400; 
Iowa, oyer 400; Pennsylvania, over 300; North Caro]ina, over 200; l\lassachu- 
setts, 187; 1\laine, 129; Vermont, HI; Connecticut, 72; 1Iaryland, 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 Iris!], 
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; }'loseley's Or., 1830-73, 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 1833, 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 sensc. 



CHAPTER X. 


LAND LAWS AND LAND TITLES. 


1851-1835. 


THE DONATIO
 LAW-ITS PROVISIONS AND ,\\'TORKINGS-ATTITUDE OF CON- 
GRESS-POWERS OF THE PROVISIO
AL GOVER
l\IE
T-QUALIFICATION OF 
VOTERS - SURVEYS - RIGHTS OF 'V OMEN AND CHILDREN - Al\IE:XD- 
:ME
TS-PREËMPTION PRIVILEGES-DUTIES OF THE SURVEYOR GE:YERAL 
-CLAIl\IANTS TO LANDS OF THE HUDSON'S BAY AND PUGET SOU!'D COl\I- 
PANIES-:MISSION CLAIl\IS-11ETHODISTS, PRESBYTERIANS, AND CATHO- 
LICS-PRO:MI
E
T LAND CASES-LITIGATION IN REGARD TO THE SITE OF 
PORTLAND-THE RIGHTS OF SETTLERS-THE CARUTHERS CLAIM-THE 
DALLES TOWN-SITE CLAIl\I-PRETENSIONS OF THE J\IETHODISTS-CLADIS 
OF THE CATHOLICS-ADVANTAGES ANDDISADVAKTAGES OF THE DONATION 
SYSTEM. 


A SUBJECT ,vhich was regarded as of the highest 
in1portance after the passage of the donation act of 
SeptelTI ber 27, 1850, ,vas the proper construction of 
the la\v as applied to land clainls under a variety of 
circuiTIstances. A large anlount of land, including 
the better portions of the Willamette Valley, had 
been taken, occupied, and to SOine extent ill1proved 
under the provisional governnlent, and its land la,y; 
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 
tin1es memorialized congress on the subject of COl1- 
fìrnling their acts, on establishing a territorial gov- 
er11111ent in Oregon, chiefly ,vith regard to preserving 
the land la\v intact. Their petition ,vas granted \vith 
regard to every other legislative enactn1ent excepting 
that affecting the titles to lands; and \vith regard to 
(260) 



DOXATION LA \V. 


261 


this, the organic act expressly said that al1Iaws pre- 
viously passed in any ,yay affecting the title to lands 
should be null and void, and the legislative assemLly 
should be prohibited froin passing any la,vs interfer- 
ing \vith the priIDary disposal of the soil 'v hich be- 
longed to the United States. The first section of 
that act, ho\vever, made an absolute grant to the lnis- 
sionary stations then occupied, of 640 acres, with the 
inlproveUlents thereon. 
Thus \v hile the n1Íssionary stations, if there were 
any ,vithin the meaning of the act of that time, had 
an incontrovertible right and title, the settlers, \vho
e 
llleans were often all in their claims, had none "vhat- 
ever; and in this condition they ,vero kept for a 
period of t,vo years, or until the autUL1Ul of 1850, 
,v hen their rights revived under the donation la,v, 
'\v hose beneficent provisions all recognized. 
This la,v, \vhich I bave not yet fully revie,ved, pro- 
vided in the first place for the survey of the public 
lands in Oregon. I t then proceeded to grant to every 
,vhite settler or occupant of the public lands, Ailleri- 
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 becoll1ing such, or 
,vho should ll1ake such declaration on or before the 
first day of Decem bel' 1851, then residing in the ter- 
ritory, or beconling a resident before Decelnber 1850 
-a provision made to include the imn1igration of that 
year-640 acres to a married man, half of \vhich ,vas 
to belong to his wife in her o,vn right, and 320 acres 
to a single Ilian, or if he should becolne luarried ,vithiu 
a year fi'oln the 1st of December 1850, 3
0 1110re to 
his ,vife, no patents to issue until after a four year
' 
residence. 
At this point for the first time the act took cog- 
nizance of the provisional law making the surviving 
children or heirs of clailliants under that la\v the le- 
gal heirs also under the donation law; this provision 
applying as ,yell to the heirs of aliens 'v ho had de- 



262 


LAND LA \VS AND LAND TITLES. 


cIared their intention to beconle naturalized citizens 
of the United States, but 'v ho died before cOlllpletin a 
their naturalization, as to native-born citizens. Th
 
several provisos to this part of the land la,v declared 
that the donation should embrace the land actually 
occupied and cultivated by the settler thereon; that 
all sales of land ll1ade before the issuance of patents 
should be void; and lastly, that those clainling under 
th0 treaty ,vith Great Britain could not clailu under 
the donation act. 
Then canle another c]ass of beneficiaries. AII,vhite 
111ale citizens of the United States, or persons ,vho 
should have 11lade a declaration of their intention to 
heconle such, above t\venty-one years of age, and elni- 
grating to and settling in Oregon after December 1, 
1850, and before December 1, 1853, and all ,vhite lnale 
Anlerican citizens not before provided for 'v ho should 
heeoine t\venty-one years of age in the territory be- 
t\veen Deceu1ber 1851 and December 1853, and \vho 
should COIn ply ,,,,ith the rcquirenlents of the la\v as 
already stated, should each recei ve, if single, 160 acres 
of land, and if ll1arried another 160 to his ,vife, in her 
o\vn right; or if becon1Ïng luarried within a year after 
his arrival in the territory, or one year after becolning- 
t\venty-one, the sanle. These \vere the conditions of 
the gifts in respect of qualifications and tilne. 
But further, the la,v required the settler to notify 
the surveyor general \vithin three nlonths after the 
survey had been made, \vhere his claim ,vas located; 
or if the settlelnent should comnlence after the survey, 
then three nlonths after Inaking his claim; and the 
In, \v required all claims after Deceln bel' 1, 1850, to be 
hounded by lines running east and ,vest and north 
and south, and to be taken in COl1lpact fornl. Proof 
of having conln1enced settlenlent and cultivation had 
to be Inade to the surveyor general ,vithin t,velve 
l110nths after the surveyor after settlement. All these 
terlns being c
nlplied ,vith, at any tilne after the expira- 
tion of four years froin date of settlement the sur- 



CONDITIONS AXD QUESTIONS. 


2G3 


veyor general might issue a certificate, 'v hen, upon 
the proof being cOlnplete, a patent \vould issue froln 
the c01l1n1Ïssioner of the general land office to the 
holder of the clain1s. The surveyor general ,vas fur- 
nished ,vith judicial po\ver to juòge of all questions 
arising under the act; but his judgrnent was not ne- 
cessarily final, being prelinlinary only to a final decision 
according to the la\vs of the territory. These were 
the principal features of the donation la,v. 1 
In order to be able to settle the various questions 
,yhich Inight arise, it ,vas necessary first to decide \vhat 
constituted naturalization, or ho\v it ,vas in1paired. 
The first case 'v hich canle up for consideration ,vas 
that of John McLoughlin, the principal features of 
,yhich have been given in the history of the Oregon 
City claim. It ,vas sought in this case to sho\v a 
íla\v in the proceedings on account of the inlperfect 
organization of the courts. In the discussion 'v hich 
follo\ved, and for which Thurston had sought to pre- 
pare hin1self by procuring legal opinions beforehand, 
considerable alarrn \vas felt anlong other aliens. S. 1\1. 
I-Iolderness applied to Judge Pratt, then the only dis- 
trict judge in the territory, on the 17th of 
Iay 1850, 
to know if the proceedings ,vere good in his case, as 
11Iany others ,vere sirnilarly situated, and it ,vas illl- 
portant to have a precedent established. 
Pratt gave it as his opinion t.hat the Clack::unas 
county circuit court, as it existed on the 27th of 
1\Iarch 1849, ,vas a cOlnpetent court, \vithin the n1ea11- 
ing of the uaturalization la\vs, in ,vhich a declaration 
of intention by an alien could be legally lnade as a 
preparatory step to bccon1Ïng a citizen of the U niteJ 
States; tho naturalization po\ver being vested in con- 
gress, 'v hich had provided that application Inight be 
ulade to any circuit., district, or territorial court, or to 
any state court ,vhich was a court of record, having a 


. 


1 See u. S. II. Ex. Doc. iL, vol. ii, pt Hi. 5-8, 32d congo 1st sess.; Deady's 
Or. Laws, 184.3-û4,84-90; Deady's Or. Gen. Laws, 1843, 72, û3-7.3. 



. 


264 


LAND LA'VS AND LAND TITLES. 


seal and clerk; and the declaration might be 111ade 
before the clerk of one of the courts as ,yell as before 
the court itself. The only question ,vas ,vhether the 
circuit court of C]aekanuls county, in the district of 
Oregon, ,vas on the 24th of J\farch, 1849, or about that 
tÏ1ne, 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 po,ver 
,vas first exercised in Oregon, and an organized gov- 
ernlllent given to it by the congressional act of Au- 
gust 14, 1848. It \vent into effect, and the territory 
had a legal existence fron1 and after its passage, and 
the la,vs of the United States \vere at the san1e tin1e 
extended over the territory, amongst the others, that 
of the naturalization of aliens. But it was adn}itted 
that the benefits to be derived frorn proceedings un- 
der these la\vs ,vould be practically valueless unless 
the machinery of justice ,vas at the same time pro- 
vided to aid in their adlninistration and enforcen1ent. 
Congress had not omitted this; but there existed an 
extraordinary state of things in Oregon \v hich 111ade 
it unlike other territorial districts at thë date of its 
organization. U nusuallneans had therefore been pro- 
vided to ll1eet the ernergency. Without ,vaiting to go 
through the ordinary routine of directing the electing 
of a legislative body to asselnble and fran1e a code of 
statutes, la\vs were at once provided by the adoption 
of those already furnished to their hand by the neces- 
sities of the late provisional governlnent; and in ad- 
dition to extenàing the la\vs of the United States 
over the territory, it was declared that the la,vs thus 
adopted should remain in force until nloùified or re- 
pealed. Congress had thus lnade its own a systen1 
of la\vs ,vhich had been in use by the people before 
the territory had a legal existence. An10ng those 
la\vs ,vas one creating an(l establishing certain courts' 
of record in each county, kno\vn as circuit courts; anù 
one of those courts C0111posing the circuit ,vas that of 



ATTITUDE OF CONGRESS. 


265 


the county of Claclnunas, vlhich tribunal congress had 
adopted as a territorial court of the United States. 
The permanent judicial po\ver provided for in the or- 
ganic act \vas not in force, or had not superseded the 
telnporary courts, because it had not at that tin1e en- 
tered upon the discharge of its duties, Chief Justice 
Bryant pot assu111ing the judicial erinine in Oregon 
until the 23d of May 1849, the cases in question oc- 
curring in l\Iarch. 2 To the point attelnpted to be n1ade 
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 \vas no judge to attend to 
its duties, the clerk continuing in office and in charge 
of the records. 8 


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 \v hich the organic act had 
distinctly provided, and a strong effort had been 111ade 
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 n1ust be duly natu- 
ralized before he could vote, the la w being one of those 
adopted from the Iowa statutes. One party, of \vh0111 
Thurston was the head, supported by the n1Ïssionary 
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 hinl, and \vith hin1 the 
measures of the missionary class. 
The opinion of the U niteù 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 helù that 'no power existed by 
which the suprcme court could be legally held before the scat of government 
was establishcd.' Or, Statesnw:n, Jan. 6, IS,")2. According to thi
 belief, the 
proceedings of the district courts were illegal for Dearly two years. 
3 Or. Spectator, 
Iay 2
, 18.31. 



266 


LAND LA'VS AND LAND TITLES. 


asked, Strong replied to a letter of Thurston's, con.. 
firnling the position taken by the delegate, that after 
the first election, until their naturalization ,vas com.. 
pleted, no foreigner could be allo,ved to vote. 4 The 
inference was plain; if not allo,ved to vote, not a citi- 
zen; if not a citizen, not entitled to the benefits of the 
land la,v. Thurston also procured the expression of 
a sinlilar opinion frolTI the chairlnan of the judiciary 
of the house of representati ves, and fronl the chairman 
of the cOllln1Ïttee on territories, ,vhich he had pub- 
li
hed in the Spectator. Under these influences, the 
legislature of 1850-1 substantially reënacted the 
Io,va law adopted in 1849, but Deady succeeded in 
procuring the passage of a proviso giving foreigners 
,yho had resided in the country five years prior to that 
tinle, and ,vho had declared, as mos.t of thein had, 
their intention of becollling citizens, a right to vote. 5 
The Thurston interest, asserting that congress had 
not intended to invest the foreign-born inhabitants of 
Oregon ,vith the privileges of citizens, declared that 
it ,vas not necessary that the oath to support the gov- 
ernnlent of the United States and the organic act 
should be taken before a court of record, but Illight 
fÒr such purpose be done before a COlTIlnOn Inagistrate. 
Could they delude the ignorant into IDaking 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 becoine a citizen could only 
be maùe according to the form and before the court 
prescribed in the naturalization la\vs; and that the 
act of congress setting forth ,vhat ,vas necessary to 
be done to beC0111e entitled to the right to vote at the 
first election in Oregon did not separate theIn-froil1 


f 01'. Spectator, Nov. 28, 1850. 
5 Deady says he had a 'hard fight.' The proviso was meant, and was 
understood to mean, the restoration to :M.cLoughlin, and the British subjects 
who had always lived in the country, of the elective franchise. Hist. Or., .MS., 
81. 



LEGISLATIVE ACTION. 


267 


,vhich it \vas plain that congress meant to confer upon 
the alien population of Oregon the privileges of citi- 
zenship \vithout delay, and to cernent the population 
of the territory as it stood when it asked that its pro- 
yisionalla\vs should be adopted. 
The Illeaning of the 5th section of the organic act 
should have been plain enough to any but prejudiced 
nlÍnds. In the first place, it required the voter to be 
a 111ale above the age of t\venty-one years, and a resi- 
dent of the territory at the tilne of the passage of 
the act. The qualifications prescribed ,vere, that he 
should be a citizen of the United States of that age, 
or that being t\venty-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 hin1 the right to vote at the first election, and 
Iuade hinl eligible to office; but the qualifications of 
voters and office-holders at all subsequent elections 
should be prescribed by the legislative assenlbly. 
This did not Inean that the legislature should enact 
la\"s contrary to this which adulitted to citizenship all 
those ,,,ho voted at the first election, by the very 
tcrins required, namely, to take the oath of allegiance 
and Inake a declaration of an intention to assun1e the 
duties of an American citizen; but that after having 
set out 011 its territorial career under these conditions, 
it could 111:1ke such changes as ,yere 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, con1es the proviso containing the prescriLed 
qualifications of a voter \vhich nlust go into the ter- 
ritorialla\vs, the sarne being "hose ,vhich entitled any 
,vhite 111an to vote at the first election. Having once 
taken those obligations 'v hich \vere forever to nlake 
hilll a citizen of the United States by the organic 
act, the legislature had no right, though it exercised 
the assull1ed po,ver, to Jisfranchise those \v ho voted 



268 


LAND LA \VS AND LAND TITLES. 


at the first ejection. 'Vhen in 1852-3 the legislature 
amended the la,vs regulating elections, it rell10ved in 
a final manner the restrictions \vhich the Thurston 
democracy had placed upon foreign-born residents of 
the country. By the lle\y la\v all ,vhite 11lale inhab- 
itants over twenty-one years of age, having become 
naturalized, or having declared their intention to 
beconle 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 la\v and its construction. 
Persons could be found ,vho ,vere doubtful of the 
llleaning of very common "vords ,vhen they canle to 
see them in a congressional act, and 'v ho ,vere unable 
to decide what 'settler' or (occupant' Ineant., or ho\v 
to construe 'inlprOVell1ent' or 'possession.' To help 
such as these, various legal opinions ,vere subll1ÏtteJ 
tlu'ough the columns of newspapers; but it ,vas gen- 
erally found that a settler could be absent frol11 his 
clainl a great deal of his tinle, and that occupation 
and improvement \vere defined in accordance \"ith the 
means and the convenience of the clain1ant. 6 
The surveyor-general, \v ho arrived in Oregon in 
time to begin the surveys of the public lands in Oc- 
tober, 1851, had before hil11 a difficult labor. 7 
rhe 
survey of the Willaulette llleridian \vas begun at 


6 See Home lrlissionary, vol. 24, 156. Thornton held that there was snch 
a thing as implied residence, and that a man might be a residellt Ly the res- 
idcnce of his agent; and cited Kent's ('om" 77. Also that a claimant whose 
dwelling was not on the land, but who improyed it by the application of his 
personal labor, or that of his hired man, or member of his family, could d('mantl 
a patent at the expiration of four years. See opinion of J. Q. Thornton in 
Û'ì". Spectator, Jan. lû, 1851. It is significant that in these discussions anti 
opinions in which Tfwrnton took a promillent part at the time, he laid no 
claim to the authorship of the land law. To do this was an afterthought. 
1\1rs Odell, in her Bioyrophll of Thurston, MS., 28, remarks upon this. 
1 COliY. Globe, app., IS5
-3, yol. xxvii. 331, 32d congo 
d se::;
.; u. s. 
II. Ex. Doc. 2, vol. ii. pt iii. 5-8, 3:!d congo 1st sess. The SUl'\'ey was con- 
ducted on the method of base an(l meridian lines, and triallgulations from 
fixed stations to all prominent objects within the range of the theodolite, Ly 
mcans of which relative distanc('s were obtained, together with a general 
knowledge of the country, in advance of the lillear surveys. Id. 



SETTLERS At.'\D SURVEYS. 


269 


the upper mouth of the 'Villamette River, and the 
base line 7! miles south, in order to avoid the 00- 
lurnbia River in extending the base line east to the 
Cascade 
Iountains. The intersection of the base 
and 111eridian lines ,vas 3i- miles ,vest of the Wil- 
lanlütte. The reason given for fixing the point of 
beginning at this place v{as because the Indians 'v ere 
friendly on either side of the line for some distance 
north and south, and a survey in this locality ,vould 
best acco1l1modate the imlnediate ,vants of the set- 
tlers. 8 But it ,vas soon found that the nature of the 
country through 'v hich the initial lines ,vere run 
,yould n1ake 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 ti111bered. The base line 
east of the meridian to the summit of the Cascade 
l\Iountains also passed through a densely timbered 
country almost entirely unsettled. But on the ,vest 
side of the meridian line ,vere the Tualatin plains, 
this section of the country being first to be benefited 
Ly 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 
,yas prepared to receive the notifications of their re- 
spective clailns and to adjust the boundaries thereof, 
he being made the arbiter and register of all donation 
.clairns. lO At the same time settlers \vere advised 
that they must have their clainls surveyed and cor- 


II Rept of Preston in U. S. H. Ex. Doc. 52, 1851-2, v. 23, 31st congo 1st 
sess. It was done hy Thurston's advice. See Congo Globe, 1849-.30, xxi. pt 
ii. 1077, 31 st congo 1st sess. 
Ð \\ïlliam I ves was the contractor for the survey of the base line and 'ViI. 
lamette meridian north of it; and James Freeman of the '\Villamette 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 I west; and township 7 south, range 3 and 4 
west. The oldest p3 tents issued for donation claims are those in \Vashington 
county, unless the Oregon City lots may be older. See Or. Spectator, :Fcb. 
10, 18.32. 



270 


LAND LAWS AND LAND TITLES. 


ners established before the government survey ,vas 
made, in order that they IDight be able to cleseribe 
their boundaries by courses, distances, nletes, and 
bounds, and to show \v here their lines intersected the 
governlnent lines, clailns being generally bounded 
according to the fancy or convenience of the o,vner, 
instead of by the rectangular n1ethod adopted in the 
public surveys. 
The privilege of retaining their claims as they had 
taken them was one that had been asked for by Ine- 
morial, but ,\\rhich had not been granted ,vithout qual- 
ification in the land la,v. Thurston had eXplained 
how the letter of the la\v ,vas to be evaded, and had 
predicted that the surveyor general \vould be on the 
side of the people in this matter. ll Preston, as had 
been foreseen, \vas lenient in allo\ving irregular boun- 
daries; a map of that portion of Oregon covered by 
donation claillis presenting a curious patch,vork of 
parallelograms ,vith angles obtuse, and triangles ,vith 
angles of every degree. Another suggestion of the 
surveyor general \vas that settlers on filing their no- 
tifications, date of settlement., and making proof of 
citizenship, should state ,vhether they were Inarried;12 
for in the settlenient of Oregon and the history of 
its division alnong the inhabitants, marriage had been 
made to assume unusual inlportance. Contrary to all 
precedent, the WOlnen of this remote region ,vere 
placed by congress in this respect upon an equality 
\vith the nlen-it may be in ackno\vledgnlent of their 
having earned in the sanle lnanner and measure a right 
to be considered creditors of the governnlent, or the 
men may have ll1ade this arrangement that they 
through their \vives might control more land. It had, 
it is true, lin1ited this equality to those who were mar- 
ried, or had been nlarried on starting for Oregon,13 


11 Letter to the Electors of Oregon, 8. 
12 Portland Oregonian, Feb. 7, 18.>2. 
13 , As respects grants of land, they will be placed upon the same footing 
as male citizens, proviùed that such wiùows were in this country before De- 



Wül\1EN AND CHILDREN. 


271 


but it ,vas upon the presumption that there \vere no 
unmarried \VOn1en in Oregon, ,vhich ,vas near the 
truth. J\Ien took ad vantage of the la\v, and to be able 
to lord it over a mile square of land Inarried girls no 
ll10re than children, \vho as soon as they becanle \vi ves 
,vere entitled to claim half a section in their o\vn 
right; 14 and girls in order to have this right married 
,vithout due consideration. 
Congress had indeed, in its effort to re,vard the set- 
tlers of Oregon for Alnericanizing the Pacific coast, 
refused to consider the probable effects of its bounty 
upon the future of the country, though it ,vas not un- 
kno,vn \vhat it might be. 15 The Oregon legislature, 
not\vithstanding, continued to ask for additional grants 
and favors; first in 1851-2, that all ,vhite Anlerican 
\VOlnen over eighteen years of age ,vho \vere in the 
territory on the 1st of Decelnber 1850, not provided 
for in the donation act, should be gi ven 320 acres of 
Jand; and to all \vhite An1erican \vomen over t\venty- 
one \vho had arrived in the territory or n1Îght arrive 
bet\veen the dates of Decen1ber 1, 1850, and Decem- 
ber 1, 1853, not provided for, 160 acres; no \VOnlan 
to receive more than one donation, or to receive a 
patent until she had resided four years in the terri- 
torv. 
Ït \vas also asked that all orphan children of ,vhite 
parents, residing in the territory before the 1st of 
December, 1850, who did not inherit under the act,t6 


cember 1, 1850, and are of American birth.' Or. Spectator, 
Iay 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. 
HIt has been decided that the words 'single man' included an unmarricd 
woman. 7 TVall" 219. See Deady'..:; 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 
hcr husband, as a married man, would include G40 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.' Thurston's Letter to the Elector.9 of Ore!/on, 8; Beadle's Undel'. 
West, 762-3; 
Home ßIissionary, vol. 26, p, 4.3. 
16 Those whosc parcnts had died in Oregon before the passage of the law 



2 ..." 
1- 


LAND LA'VS AXD LAND TITLES. 


should be granted eighty acres each; and that all 
orphan children \v hose parents had died in con1ing- to 
or after arriving in Oregon bet\veen 1850 and 1c;853 
shoulll receive forty acres of land each. 17 
N either of these petitions ,vas granted 18 at the 
titi1e, \v hile many others \vere offered by resolution or 
other\vise. As the period \vas expiring \y hen lands 
,vould be free, it began to be said that the tinle should 
be extended, even indefinitely, and that all lands 
should be free. 19 
There ,vas never, in the history of the world, a 
better opportunity to test the doctrine of free land, 
nor anything that came so nea.r realizing it as the set- 
tlelnent of Oregon. Could the government have re- 
stricted its donations to the actual cultivators of the 
soil, and the quantity to the reasonable requirelnents 
of the individual farmer, the experiluent \vould have 
been conlplete. But since the donation ,vas in the 
nature of a reward to all classes of emigrants alike, 
this could not be done, and the compensation had to 
be an1ple. 
Some persons found it a hardship to be restrained 
from selling their land for a period of four years, 
and preferred paying the ll1ininlun1 price of $1.25 an 
acre to \vaiting for the expiration of the full tern1. 
Accordingly, in February 1853, the donation la\y ,vas 
so amended that the surveyor-general n1ight 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- 
l1erit or hold land by YÏrtue of the residence and cultiyation of their ances- 
tors. Ford vs Kennedy, lOr. 166. The daughter of Jason Lee was portion- 
less, while the children of later comers inherited. 
H'See Or. Statesman, Nov. 6, 1833. A resolution offered in the assembly 
of 18.32-3 asked that the land cast of the Cascade mountains should be im- 
mediately surveyed, and sold at the minimum price, in quantities not exceeù- 
ing G40 acres to each purchaser; the money to be applied to the construction 
of that portion of the contemplateù Pacific railroad west of the Rocky :Moun- 
tains. This was the first practical suggestion of the Oregon legislature con- 
cerll.ing 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. 



WORKI
GS OF THE LAW. 


273 


this money after t,yO years of settlement in lieu of the 
reu1aining t,vo years, the rights of the clailnant in the 
event of his death to descend to his heirs at la,v as 
before. By the anlendatory act, ,yido\vs of lHen ,vho 
had they lived ,vould have been entitled to claim under 
the original act \vere granted all that their husbands 
\voulJ have been entitled to receive had they lived,2O 
and their heirs after them. 
By this act also the extent of all government res- 
ervations \vas fixed. For magazines, arsenals, dock- 
yards, and other public uses, except for forts, the 
amount of land ,vas not to exceed t,venty acres to 
each, or at one place, nor for forts more than 640 
acres. 21 If in the judgnlent of the president it should 
be necessary to include in any reservation the inlprove- 
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 la,v ,vas April 
1855, ,vhen all the surveyed public lands left unclailned 
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 \vas again anlended in July 
1854, in anticipation of the conling into 111arket of the 
public lands, by extending to Oregon and Washington 
the preëruption privilege granted September 4, 1841, 
to .the people of the territories, to apply to any un- 
clalnled lands, ,vhether surveyed or not. For the 
convenience of the later settlers, the time for giving 
notice to the surveyor general of the tinle and place 
of settlenlent ,vas once lnore extended to Decenlber 
1855, or the last moment before the public lands be- 
caIne salable. The act of 1854 declared that the do- 
nations thereafter should in no case include a to,vn 
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 thcir stock of a range anywhere near the usual place 
of embarkation on the Columbia. 
HIST. On., VOL. II. 18 . 



274 


LA
D LA"\VS AND LAND TITLES. 


trade, and not for agriculture; but the legal subdivi.. 
sions included in such to,vn sites should Le 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."22 The proviso 
to the 4th section of the original act, declaring voiò all 
sales of lands before the issue of the patents therefor, 
,,,as repealed, and sales ,vere declared invalid only 
\yhere the claimant had not resided four years upon 
the land. By these tern1S t\VO subjects ,vhich had 
greatly troubled the land claimants \vere disposed of; 
those ,vho had been a long tin1e in the country could 
sen their lands ,vithout waiting for the issuance of 
their patents, and those ,vho had taken claillls and 
lai.l out to,vns upon natural to,vn-sites ,vere left un- 
disturbed. 23 This last alnendment to the donation 
la\v granted the oft-repeated prayer of the settlers 
that the orphan children of the earliest in1migrants 
\vho died before the passage of the act of Septelnber 
27,1850, should be al1o,vell grants of land, the dona- 
tion to this class being 160 acres each. Under this 
alnendment Jason Lee's daughter could clainl the 
small re\vard of a quarter-section of land for her 
father's services in colonizing the country. These 
orphans' clain1s ,vere to be set off to then1 by the sur- 
veyor general in good agricultural land, and in case of 
the decease of either of then1 their rights vested in 
the survivors of the fan1ily. Such was the land la\v 
as regarded in di vid uals. 
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 accorùing 
to their respective interests, the proceeds of the sales of lots to be dispose!} of 
according to rules and regulations prescribed by the legislature; but the lantl 
must be entered prior to the commencement of the public sale of the boùy 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 t
e 
ownership of the land, and that the l)atent was simply evidence which did 
not affect the title. Deady's Scraps, 5. 



OREGON CITY CLAIU. 


,,"'.. 
..I;) 


ington all the provisions of the Oregon land la,v, or 
any of its amendn1ents, and authorized a separate corps 
of officers for this additional surveying district, \v hose 
duties should be thb s
une as those of the surveyor 
g
neral, register, and receiver of Oregon. It also 
gave t\VO to\vnships of land each to Oregon and 
\Vashington in lieu of the t\VO to,vnships granted 
by the original act to Oregon for university purposes. 
Later, on l\farch 12, 1860, the provisions of the act 
of September 28, 1850, for aiding in reclaiming the 
s\vamp lands of Arkansas, "\vere extended to Oregon, 
bJ "7'hich the state obtained a large an10unt of valua- 
LIe lands, of which gift I shall have something to say 
hereafter. 


From the abstract here given of the donation la,v 
at different periods, Iny reader \vill be informed not 
only of the bounty of the government, but of the 
onerous nature of the duties of the surveyor-general, 
,vho ,vas to adjudicate in all matters of dispute or 
question concerning land titles. His instructions au- 
thorized and required him to settle th
 business of 
the Oregon City clairIl by notifying all purchasers, 
donees, or assigns of lots or parts of lots acquired 
of :\IcLoughlin previous to l\farch 4, 1849, to present 
their eviJences of title, and have their land surveyed, 
in order that patents Inight be issued to them; and 
this in 1852 ,vas rapidly being done. 24 
His special attention ,vas directed to the third 
article of the treaty of 1846, bet,veen the United 
States and Great Britain, ,vhich provided that in the 
future appropriation of the territory south of 49 0 north 
latitude, the possessory rights 25 of the Hudson's Bay 


2
 u. s. JI. Ex. Doc. 52, v.25, 32d congo 1st sess. 
2" This subject came up in a peculiar shape as late as 1871, when H. 'V. 
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 "Tilliam Johnson, who 
before the treaty of IS4G settled upon a tract of land south of Portland. 
But Johnson clied 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 LA WS AND LA1\"'D TITLES. 


Company, and of all British subjects who should be 
found already in the occupation of land or other 
property la,vfully acquired, ,,
ithin the said territory, 
should be respected; and to the fourth article, 'v hich 
declared that the farms, lands, and other property 
belonging to the Puget Sound Agricultural Company 
on the north side of the Columbia, should be C011- 
firrned 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- 
ernnlent should signify a desire to obtain possession 
of the 'v hole or any part thereof, the property so re- 
quired should be transferred to the said governU1ent 
at a proper valuation, to be agreed upon bet\veen the 
parties. The c0l11n1issioner directed the surveyor- 
general to call upon claimants under the treaty, or 
their agents, to present to him the evidence of thQ 
rights ill \vhich they claimed to be protected by the 
treaty, and to sho\v him the original localities and 
boundaries of the same \vhich they held at the date 
of the treaty; and he was not required to survey in 
sections or minute subdivisions the land covered Ly 
such claims, but only to extend the to,vnship lines 
over them, so as to indicate their relative position and 
connection ,vith the public don1ain. 
The surveyor-general reported ,vith regard to these 
claims, that McLoughlin, ,vho had recently becorne a 
naturalized citizen of the United States, had given 
notice September 29, 1852, that he clain1ed under the 
treaty of 1846 a tract of land containing 640 acres, 
,vhich included Oregon City ,vithin its boundaries, 
and that he protested against any act that ,vould dis- 


for in that act, and therefore had no title either under the treaty or the land 
law by which his heirs could holù. This raised a question of law with rcgard 
to the heirs of British residents of Oregon befor9 the treaty of 1846; and Cor- 
bett introduced a bill in the senate to extend the rights of citizenship to 
half-hreeds born within the territory of Oregon previous to 1846, ana now 
subject to the jurisdiction of the United States, which was passed. SUl-J. Court 
Deci15io718, Or. Laws, 1870, 227-9; Cong, Globe, 1871-2, app, 730, 42d congo 2ù 
sess,; Congo Globe, 1871-2, part ii., p. 1179, 42<.1 congo 2ù sess. 



HUDSON'S BAY COl\IPANY. 


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 clailn. He 
caned the attention of the general land c01l1n1issioner, 
and through him of the government, to the fact that 
settlers ,v ere clain1ing valuable tracts of land included 
,yithin the limits of that claimed by the Hudson's 
Bay and Puget Sound cornpanies, 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 ,vas extren1el y desirable that the na- 
ture of these rights should be decided upon. 27 To de- 
cide upon then1 himself was something beyond his 
po,ver, and he recon1mended, as the legislative asselll- 
bly, the military cOlnn1ander, and the superintendent 
of Indian affairs had done, that the rights, \v hatever 
they were, of these cornpanies, should be purchased. 
To this ad vice, as \ve kno,v, congress turned a deaf 
ear, until squatters had left no land to quarrel over. 
The people kne,v nothing and cared less about the 
rights of aliens to the soil of the United States. In 
the lTIean tin1e the delay multiplied the evils complained 
of. Let us take the site of Vancouver as an exatnple. 
Either it did or it did not belong to the Hudson's Bay 
Company by the tern1S of the treaty of 1846. If it 
did, then it ,vas in the nature of a grant to the COll1- 
pany, from the fact that the donation la\v admitted 
the right of British subjects to clainl under the 
treaty, by confining thelTI to a single grant of land, 
and leaving it optional with them \vhether it should 


26 I haye already shown that having become an American citizen, McLough. 
lin could not claim unùer the treaty. See Deady's Or. Laws, 1843-64, 56-7. 
:McLoughlin was led to commit this error by the efforts of his foes to destroy 
his citizenship. 
27 U.8. If. Ex. Doc. 14, iii. 14-17, 32d congo 2d sess.j Olympia Columbian, 
April 9, 1833. 



278 


LAKD LA\VS AND LAND TITLES. 


be under the treaty or under the donation la,v. 2s In 
one case, 110,vever, it lilllited the amount of land, and 
in the other it did not. But there ,vas no provision 
Inade in the donation la,v, the organic act, or any- 
,vhere else by ,vhich those clain1ing under the treaty 
could define their boundaries or have their lands sur- 
veyed and set off to then1. The United States had 
sitnply promised to respect the C0111pany's rights to 
the lands, ,vithout inquiring ,vhat they \vere. They 
had pron1Ísecl also to purchase them, should it be found 
they ""ere of public or political in1portance, and to 
pay a proper valuation, to be agreed upon bet,veen 
the parties. But the citizens of the United States, 
covering the lands of the Hudson's Bay and Puget 
Sound Agricultural c0l11panies \vith clainls, under the 
donation la\v, 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 C0l11pany's lands ,vas 
AIDOS 1\1. Short, ,vho clain1ed the to\vn site of Van- 
couver. 29 When he first ,vent on the lands, before 
the treaty, the company put him off. But he per- 
sisted in returning, and subsequently killed t,vo nlen 
to prevent being ejected by process of la,v. N ever- 
theless, 'v hen the donation la,v ,vas passed Short took 
no steps to file a notification of his clain1. Perhaps 
he ,vas ,vaiting the action of congress with regard to 
the Hudson's Bay COlllpany's rights. While "he ,vaited 
he died, having lost the benefits of the act of Septenl- 
bel' 27, 1850, by delay. In the n1ean tin1e congress 
passed the act of the 14th of February, 1853, pertuit.. 
ting all persons 'v ho had located or lIlight hereafter 
lí)cate lands in that territory, in accordance with the 
provi
ions of the la,v 9f 1850, in lieu of continued 
occupation, to purchase their claill1s at the rate uf 

1.25 an acre, proyiJed they had been t\VO 
years 


28 Drady's Gen. Laws Or., 1845-6-1-, 86. 
29 I have gi \yen a part of Short's history on page 793 of vol. i. He was 
drowneù whcn the randalia was wreckeù, in January 1833. 



V AKCOUVER CLAIM:. 


279 


upon the land. The \vido,v of Short then filed a 
notification under the ne,v act, and in order to secure 
the 'v hole of the 640 acres, ,vhich nlight have been 
claill1cd under the original donation act, dated the 
residence of her husband and herself from 1848. But 
l\Irs Short, \v hose notification ,vas nlade in October 
1853, ,vas still too late to receive the benefit of the 
llÐ\V act, as Bishop Blanchet had caused a sin1ilar 
notification to be made in l\lay, clairr1Ïng 640 acres 
fÖr the 1nissioll of St James 30 out of the indefinite 
grant to the Hudson's Bay Company. Though the 
cOlllpany's rights of occupancy did not expire until 
1859, the bishop chose to take the san1e vie,v held 
by the Alnerican squatters, and clailned possession at 
Vancouver, \vhere the priests of his church had been 
siu1ply guests or chaplains, under the clause in the 
ol'ganic act giving 111issions a 111Île square of land; 
and the surveyor general of \Vashington Territory 
decided in his favor. 31 No patent \vas ho\vever issued 
to the catholic church, the question of the Hudson's 
Bay COlnpany's claill1 renlaining in abeyance, and the 
decision of the surveyor general being reversed Ly 
the conln1issioner of the general land office, after 
,vhich an appeal ,vas taken to the secretary of the 
interior. 32 


30 Says Roberts: 'EYen the catholics tried to get the land at Vancouyer. ,. 
In the face of the 11th section of the donation law, by which people were 
precluded from interfering with the company's lands, how could Short, the 
Roman catholics, anù others do as they did?' R('
ollection8, 
IS., 90, 03. 
31 The })apers show that the mission notification was on file before any 
claims were asserted to contiguous lant1s. It is the oldest claim. Its recog- 
nition is coeval with the organization of Oregon, and was a positive grant 
more than t\vo years before any Amerif'an settler could acquire an interest 
in or titlc to unoccupied public lands. Report of Surve?lor General, in Claim 
of St James .JU is
ion, 21; Ul!Jmpia Standard, April 5, 18G2, 
32 The council employed for the mission furnished elaborate arguments on 
the sille of the United States, as against the rights of the Hudson's Bay Com- 
pany, one of the most striking of which is the following: 'The fundamental 
ohjection to our claim is, that the United States could not in good faith dis- 
pose of these lands pending the "indefinite" rights of the Hudson's Bay Com- 
pany, 'Ve have seen that as to time they were not indefinite, but had a fixeù 
termination in 
Iay 1839. But either way, how can the United States at the 
same time ùeny their right to appropriate or dispose of the lands permanently, 
only respecting the possessory rights of the company, and yet ill 1849. 1830, 
183;3, or 18.j4 have made such appropriation (for military purposes) and per- 
manent ùisposition, and now set it up against its grant to us in 1848? . .It is 



280 


LAND LAWS A:r-.T}) LAND TITLES. 


The case not being definitely decided, a bill ,vas 
brought before congress in 1874 for the relief of the 
catholic n1ission of St James, and on being referred 
to the cOlnnlittee on private land claims, the chairnlan 
reported that it ,vas the opinion of the conlnlittee 
that the mission was entitled to 640 acres under the 
act of August 14, 1848, and recommended the passage 
of the bill, ,vith an anlendnlent saving to the United 
States t
e right to relnove from the premises any 
property, buildings, ur other improvements it Inight 
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 advisernent by the 
comn1ittee on private land claims, the secretary of 
,var addressed a letter to the con1mittee, in \vhich he 
said that the military reservation ,vas valued at å 
nlillion dollars, and that the claim of the St J alnes 
mission covered the 'v hole of it; and that the ",Tar de- 
partment had al,vays 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 ,vas not such as the act of congress required. 
The secretary recornrnended that the matter go before 
a court and jury for final adj ustment, on the passage 
of an act providing for the settlement of this and sinl- 
ilar claims. 34 
Again in 1876, a bill being before congress 'v hose 
object ,vas to cause a patent to be issued to the St 
James nlission, the committee on private land clainls 


said that the United States had title to the lands, yet it could not dispose of 
them absolutely in præsenti, 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 w
s the proprietary right, encumbered only by a ten:porary 
right of possession, for limited and special purpose?' The arguments and 
evidence in this case are published in a pamphlet called Claim of tlie St 
Jmne8 ...l1ission, Vancouver, JV. ']'., to 640 acres of Land, from which the abo\"e 
is quoted. 
33 U. 8. If. Rept., G30, 43d congo 1st sess., 1873-4. 
81 U. S. H. Ex. Doc., 117, 43d congo 2d sess. 



POTI.TLAKD 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 recomnlended that in order to bring the 
matter into the courts, a patent should be issued to 
the Inission, with an aluendment 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 18.74 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 accordíllg 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 congressioDal la,v before ad- 
verted to in reference to to\vn sites. 


That a nUlnber of land cases should gro,v out of 
misunderstandings and 111isconstructions of the land 
la,v ,vas inevitable. Anlong the more ilnportant of 
the unsettled titles ,vas that to the site of Portland. 
The reader already kno,vs that in 1843 Overton 
clairned on the west bank of the WillalTIette 640 
acres, of ,vhich soon after he sold half to IJovejoy, 
and in 1845 the other half to Petty grove ; and that 
these t\VO jointly improved the claim, laying it off 
into lots and blocks, S0111e of 'v hich they sold to 
other settlers in the to\vn, who in their turn lnade 
iInproven}ents. 
In 1845, also, Lovejoy sold his half of the clailn 
to Benjarnin Stark, \vho came to Portland t.his year 
as supercargo of a vessel, Pettygrove and Stark con- 
tinuing to hold it together, &nd to sell lots. In 1848 
Pcttygrove, Stark being absent, sold bis relllailling 
interest to Daniel H. Lo\vnsdale. The land being 


:!:; Cong, Globe, 1876-7, 44; U.8. H. Rept, 189, 44th congo 1st sess., 1875-6; 
U. 8. II. Com. Rept, i. 2.1,9, 44th congo 1st Bess.; Portland Oreyopian, Oct. 
30, 18üUj Rossi, Souvenirs, vi. GO. 



282 


LAND LA'VS AND LAND TITLES. 


registered in the nalne of Pettygrove, Lo\vnsdale 
laid clainl to the \vhole, including Stark's portion, 
and filed his claim to the whole \vith the registrar, re- 
siding upon it in Pettygrove's house. 36 
In l\Iarch 1849 L(nvnsdale sold his interest in the 
clain1 to Stephen Coffin, and ilnmediately repurchased 
half of it upon an agreen1ent with Coffin that he should 
undertake to procure a patent from the United States, 
\vhen the property was to be equally o\vned, the ex- 
penses and profits to be equally divided; or if the 
agreement should be dissolved by lllutual consent, 
Coffin should convey his half to Lo\vnsclale. The 
deed of Coffin reserved the rights of all purchasers of 
lots under Pettygrove, binding the contracting parties 
to l11ake good their titles when a patent should be 
obtained. In December of the same year Lo\vnsdale 
and Coffin sold a third interest in the claim to W. 
"V. Chapn1an, reserving, as before, the rights of lot 
o \v n ers. 
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 ,vas agreed to bet\veen Stark and Lownsdale, 
by \vhich each held his portion in severalty, and to 
COnfirll1 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 la,v, with its 
various requirements and restrictions, it became neces- 
sary for each claimant, in order not to relinquish his 
right to SOllie other, to apply for a title to a definitely 
described portion of the whole claim. Accordingly, 
on the lOth of March, 1852, Lo\vnsdaJe, having 
been four years in possession, came to an arrange- 
n1ent with Coffin and Chapn1an with regard to the 
division of his part of the claim in \vhich they were 


86 Lownsdale had previously resided west of this claim, on a creek 'where 
he had n. 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 o,vners. The division being agreed upon, it be- 
ca
ne necessary also to lnake SOlne bargain by 'v hich 
the lots sold on the three several portions of Lo,vns- 
dale's interest might fall with SOlne degree of fairness 
to the three o,vners 'v hen t.hey caIne to nlake deeds 
after recei v'ing patents; the same being necessary 
\yith regard to the lots previously selected by their 
,yi yes out of their clain1s, 'v hich ,vere exchanged to 
bring then1 ,vithin the linJÏts agreed upon previous to 
going before the surveyor general for a certificate. 
Everything being settled bet\veen Lo\vnsdale, Chap- 
Inan, and Coffin, the first t\VO filed their notification 
of settlenlent and clain1 on the 11 th of March, and 
the latter on the 19th of August. 
On the 8th of April Lo\vnsdale, by the advice of 
A. E. vVait, filed a notification of clain1 to the ,vhole 
G-!O acres, upon the ground that Job 1\lcN alnee, 'v ho 
had in 1847 attenlpted to jun1p the Portland clailn, 
Lut had after\vard abandoned it, had returned, and 
,vas about to file a notification for the 'v hole clain1. 
Lo\vnsdale and Wait excused the dishonesty of the 
act by the assertion that either of the other t\VO 
o\vners could have done the san1e had they chosen. 
A controversy arose bet\veen Chapn1an and Coffin on 
one side and Lo\vnsdale on the other, ,vhich ,vas de- 
cided by the surveyor general in favor of Chapman 
and Coffin, Lo,vnsdale refusing to accept the decision. 
Stark and the others then appealed to the comn1is- 
sioner of the general land office, ,vho gave as his 
opinion that Portland could not be held as a donation 
clailn: first, because it dated from 1845, and congress 
did not recognize claims under the provisional gov- 
crnlnent; again, because congress contelnplated only 
agricultural grants; and last, on account of the clause 
in the organic act ,vhich made void all la,vs of the 
provisional government affecting the title to land. 
lIe also believed the to\vn-site law to be extended to 
Oregon along ,vith the other United States la\vs; and 



284 


LAND LA 'YS AND LAND TITLES. 


further asserted that the donations ,vere in the na- 
ture of preëlnption, only more libera1. 37 
This decision 111ade the Portland land case more 
intricate than before, all rights of o\vnership in the 
land being disallo\ved, and there being 119 reasonable 
hope that those claiming it could ever acquire any; 
since if they should be able to hold the land until it 
came into Inarket, there ,vould still be the danger that 
any person being settled upon any of the legal sub- 
divisions n1ight clailTI it, if not sufficiently settled 
to be organized into a to\vn. Or should the to\vn-site 
la 'v be resorted to, the town ,vould be parcelled out 
to the occupants according to the an10unt occupied 
by each. Sad ending of golden dreams t 
But the con1n1issioner hin1sel:f pointed out a possi- 
ble flaw in the argulnent, in the ,vord 'surveyed,' in 
the second line of the act of 1844. The lands settled 
on in Oregon a.s to\vn sites \vere not surveyed, ,vhich 
n1ight affect the application of that la\v. The doubt 
led to the employment of the judicial talent of the 
territory in the solution of this legal puzzle, ,vhicli 
,vas not, after all, so difficult as at a cursory glance 
it had seen1ed. Chief Justice vVillianls, in a case 
brought by Henry l\Iartin against W. "G. T'Vault 
and others, who, having sold town lots in Vancouver 
in exchange for l\Iartin's land claim, under a bond to 
comply with the requirernents of the expected dona- 
tion la\v, and then to convey to 1\lartin by a good and 
sufficient deed, refused to lnake good their agreelnent, 
revie\ved the decision of COIn missioner Wilson and 
Secretary l\IcClelland in a manner that thre\v olnuch 
light upon the to\vn-site .la\v, and sho\ved Oregon 
ia\vyers capable of dealing ,vith these knotty questions. 
Judge Williau1s denied that that portion of the 
organic act which repealed all territorial la\vs affect- 
ing the title to land repealed all laws regulating the 


87 Or. Statesman, June 6, 1854; OlJlmpia Pioneer and Democrat, June 24, 
1854; Portland Oregonian, June 10, 18.34. See also Brief on behalf oj Stark, 
Coffin, and Chapman, prepared by S. S. Baxter. 



RIGHTS OF SETTLERS. 


285 


possessory rights of settlers. Congress, he said, was 
a\vare that many persons had taken and largely im- 
proved claims under the provisional government, and 
did not design to leave those claims \vithout legal pro- 
tection, but simply to assert the rights of the United 
States; did not nlean to say that the claim laws of the 
territory should lJe void as bet\veen citizen and citizen, 
but that the United States title should not be enCUll1- 
bereel. He argued that if the act of 1848 vacated 
such claiuls, 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 den1ise before the issuance of patents. 
The surveyor general ,vas expressly required to issue 
certificates, upon the proper proof of settlement and 
cultivation, "whether nlade under the provisional 
governn1ent or not." He declared untenable the 
proposition that land occupied as a town site prior to 
1850 ,vas not subject to donation under the act. A 
l1lan lllìght settle upon a clainl in 1850, and in 1852 
lay it out into a to\vn site; but the surveyor general 
could not refuse hiln a certifica.te, 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 sa.lne footing, and therefore 
if a claiul ,vere taken in 1847, and laid off in to\vn 
lots in 1849, supposing the la,v to have been complied 
,vith in other respects, the claiu1ant ,vollld have the 
saIne rights as if he had gone upon the land after the 
passage of the donation la\v. The surveyor general 
could.not say to an applicant ,vho had cOlnplied \vith 
the la\v that he had forfeited his right by attempting 
to build up a to\vn. A settler had a right to adlnit 
persons to occupy under him or to exclude them; and 
if he adn1Ítted them-such action not being against 
the public good-it ought not to prejudice his claim. 
Judge Williams further held that the to,vn-site la\v 
of 1844 was not applicable to Oregon, and that the 
land la\vs of the United States had not been extended 



286 


LAND LA \VS AND LAND TITLES. 


over this territory. The prcën1ption Ia \v had never 
been in force in Oregon; there \vere no land districts 
or land offices established. 38 No claims had ever been 
taken \yith reference to such a la\v, nor had anyone 
ever thought of being governed by them in Oregon. 
And as to to\vn sites, \v hile the California land la \V 
excepted them from private entry, the organic act of 
Oregon excepted only salt and nlinerallands, and said 
nothing about to\vn sites; while the act of 1850 spe- 
cifically granted the Oregon City clainl, leaving all 
other clai111s upon the Sa111e footing, one \vith another. 
J\fean\vhile, the citizens of Portland \vho had pur- 
chased lots were in a state of be\vilderment as to their 
titles. They kne\v of \vhom they had purchased; but 
since the apportionillent of the surveyor general, \vhich 
made over to Coffin a part of Lo\vnsdale's convey- 
ances and to Lownsdale and Chapman a part of Cof- 
fin's conveyances, they kne\v not \vhere to look for 
titles. To use the \vords of one concerned, a 'three 
days' protracted 111eeting' of the citizens had been held 
to devi
e ways and 111eanS of obtaining titles to their 
lots. They finally men10rializéd congress to pass a 
special act, exempting the to\vn site of Portland froln 
the provisions of the donation act, \v hich failed to 
111eet \vith approval, being opposed by a counter-peti- 
tion of the proprietors; though \v hether it \vould have 
succeeded \vithout the opposition \vas unkno\vn. 
In ihe \vinter of 1854-5 a bill \vas before the legis- 
lative assen1bly for the purchase of the Portland land 
clain1 under the to\vn-site la\v of 1844, before Inen- 
tioned, Portland having beconle incorporated in 1851, 
and having an extent of t\VO Iniles on the river by 
one mile ,vest from it. Coffin and Chapnlan opposed 
the bill, and the legislature adjourned without taking 


88 Two 1and districts were established in Fcbruary 1855, 'Villamette an{l 
Umpqua, but the duties of officers appointed were by act declared to hc 'the 
same as arc now prescribed by law for other 1and offices, and for the surveyor 
general of Oregon, so far as they apply to such offices.' 0,.. Statutes, 183:{-4, 
57. They simply extended new facilities to, without imposing any llCW regu- 
lations upon, the settlers. 



TO'VN SITE LA "'''S. 


287 


any action in the Inatter. 39 Finally, the city of Port- 
land ,vas allo\ved to enter 320 acres under the to,vn- 
site law in 1860, sonle individual claims under the 
sanle being disallo,ved. 40 
The decision rendered by the general land office in 
1858 ,vas that the claims of Stark, Chapman, and 
Coffin \vere good, under their several notifications; 
that Lownsdale's ,vas good under his first notification; 
and that where the claims of these parties conflieted 
,vith the town-site entry of 320 acres their titles should 
be secured through the to\vn authorities under the 
provisions of the act of 1844, and the supplementary 
act of 1854 relating to town sites. 41 
On the demise of LO\YIlSdale, not long after, his 
heirs at law atternpted to lay claim to certain lots 
in Portland which had been sold previoLls to the ad- 
justnlent of titles, but with the understanding and 
agreement that ,vhen their claims should be con- 
firnled the grantors of titles to to,vn lots should con- 
firm the title of the grantees. The validity of the 
titles obtained fron1 Stark, Lo\vnsdale, Coffin, and 
Chapu)an, 'v hether confirmed or not, ,vas sustained 
by the courts. A case different fronl either of these 
,yas one in \v hich the heirs of l\1rs Lo,vnsdale proved 
that she had never dedicated to the public use in 
streets or other,vise a portion of her part of the do- 
nation claim; nor had the city purchased frorn her 
the ground on ,vhich Park street, the pride of Port- 
land, ,vas laid out. To compel the city to do this, a 
ro\v of small houses ,vas builtin the street, \v here 


3907'. Slate8man, Feb. 6, 1855. As the reader has probably noticed, the 
town-site law was extended to Oregon in July 1834, but diù not apply to 
claims already taken, consequently would not apply to Portland. See also 
Dec. Sup, Ct, relative to rPo'Wn Sites in 07..; Or. Statesman, Aug. 8, 1875; O/". 
S. C. Rept R , 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 1830 and 
1833, and believing that he could claim as a resiùent undcr that act. Denni- 
son's pretensions were similarly founded, and, I believe, Carter's also. 
uß).iefinbeha{fofStark, Coffin, Lownsdal{', and Chapmltn. 1-:?4; Or. States- 
man, Dec. 21, 1858. See also }'Iartin vs T'Vault, 1 Or. 77; Lowm
dale YS 
City of Pm'tland (U. S. D. C.), lOr. 380; Chapman vs School nist/'Ïct No.1 
et at.; Opine Justice Deady, C. C. u. s.; Bw..
e vs Lownsdde. 



288 


LAND LA "\VS AND LAND TITLES. 


they remain to this tilDe, the city un\villing to pur- 
chase at the present value, and the owners determined 
not to n1ake a present of the land to the public. 42 
There ,vas like,vise a suit for the Portland levee, \v hich 
had been dedicated to the use of the public. The su- 
pren1e court decided that it belonged to the to\vn; but 
Deady reversed the decision, on the ground that at 
the tilDe the former decision was rendered the land 
did not belong to the city, but to Coffin, Chapman, 
and Lo,vnsclale. 43 


42 Lownsdale died in April 1862. His widow was Nancy Gillihan, to whom 
he was married about 1850. 
43 A propos 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 
under 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 
rrs Caruthers-Thomas 
died; and in 18GO 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, 18G8} 44-6, 4G5, 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 preëmpted the land left by 
1rs 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 subsequcntly 
set aside by the U. S. sup. ct, which held that a woman was a man in legal 
parlance, and that 
lrs Thomas' claim was good. 
M:eantime 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, 
'Vrestling Joe, were sent to St Louis. accompanied by a lawyer, to discovcr 
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 he 
was brought to Oregon to aid in establishing the right of the purchasers. In 
Oregon were .found a number of persons who recognized and iùentifiel1 him as 
'Vrestling 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 lJis 
face. In 1872 a case was brought to trial beforc a jury, who on the evidenco 
decided that the man brought to Oregon was Joe Thomas. Soon after, amI 
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, 'Vrestling Joe became incensed 
with some of the men connected with the settlement, and denied that hc was 



THE DALLES CLAI
r. 


289 


Advantage was sought to be taken by some of that 
clause in the donation la\v which declared that no la\vs 
passed by the provisional legislature interfering \yith 
the prinlary disposal of the soil should be valid. But 
the courts held, very properly, that it had not been 
the intention of congress to interfere \vith the arrange- 
luents already made between the settlers as to the 
disposal of their claims, but that on the contrary the 
organic la\v of the territory distinctly said that all bonds 
and obligations valid under the laws of the provisional 
governnlent, not in conflict with the laws of the United 
States, \vere to be valid under the territorialla\vs till 
altered by the legislature, and that the o\vners of to\V'll 
sites \vho had pron1Ïsed deeds were legally bounit to 
furnish thenlon obtaining the title to the land. And 
the courts also decided that taxes should be paid on 
land claiL11s before the patents issued, because by the 
act of Septelnber 27, 1850, the land \vas the propert.y 
in fee silnple of every claimant who had fulfilled the 
conditions of the la\v. 
A question arose concerning the right of a man hav- 
ing an Indian woman for a wife to hold 640 acres of 
land, \vhich was decided by the courts that he coulè 
so hold. 


The Dalles town-site clainl was involved in doubt 
and litigation do\vn to a recent period, or during a 
term of t\venty-three years. That the Inethodists 
first settled at this point as lnissionaries is kno\vn to 
the reader; also that in 1847 they sold it to VVhitnlan, 
\vho \vas in possession during the Cayuse \var, \vhich 
drove all the white population out of the country. 
Thus the first clailll \vas methodist, transferred to the 
presbyt.erians, 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 
eYidence 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 'V. C. Johnson, in Portland (Jr., Feb. 2, IS;8. 
nIST, OR., VOL. II. l
 



290 


LAND LA \VS AXD LAND TITLES. 


eh;e"\vhere sho\vn, a catholic mission ,vas lllaintained 
there after\vard tor some years. 
Fronl the sale 44 and abandonment of the Dalles 
mission to June 1850 there \vas no protestant Inission 
at that place; but subsequent to the passage of the 
donation law, and not\vithstanding the military reser- 
vation of the previous month of l\1ay, an atten1pt ,vas 
11lade to revive the 111ethodist clail11 in that year by 
surveying and nlaking a clainl whieh took in the old 
luission site; and in 1854 their agent, Thomas II. 
Pearne, notified the surveyor general of the fact. 45 In 
the interim, ho,vever, a to,vn had gro,vn up at this 
place, and c.ertain private individuals and the to\vn 
officers opposed the pretensions of the methodists. 
And it \vQuld seeill froln the action of the n1Ïlitary 
authorities at an earlier date that either they differed 
froIH the Inethodist society as to their rights, or \vere 
\villing to give then1 an opportunity to recover dalll- 
ages for the appropriation of their property, the for- 
Iller lnission pren1Ïses being located about in the centre 
of the reservation. 
When the alnended land la\v in 1853 reduced the 
lnilitary reservations in Oregon to a 11lile square, the 
reserve as laid out still took son1ething 11lore than 
half of the claiu1 as surveyed by the lllethodists in . 
1850. 46 For this the society, by its agent, brought a 


H The price paid hy \Vhitman for the improvements at The Dalles was, 
accorùing to the testimony of the methodist claimants, $ßOO in a draft on the 
American boarù, the agreement being cancelled in 1849 by a surrenùer of the 
draft. 
4:1 The superintendent of the .M. E. mission, \Villiam Roberts, advcrtised 
in the Spectator of Jan. 10, 1830, that he designed to reoccupy the place, de- 
claring that the society had only withdrawn from it for fear of the Indians, 
though everyone could know that whcn the mission was solù thc war had not 
yet broken out. The Indians were, however, ill-tempered and defiant, as I 
bave related. See Fulton's Ea.o.;tern Oreg(m, .M8., 8. . 
46 Fulton describes the boundarics as follows: "Vhen the government re- 
duced the military reservations to a mile square, it happened that, on survey- 
ing the lanù so as to bring the fort ill the proper position with regard to the 
boun(laries, a strip of lanú was lcft nearly a quarter of a mile in width next 
the river, ,.,,-hich was not co\rered by the reserve. To this 
trip of lanù the 
mission returned, upon the pretence that as it was not included in the military 
reservation, for which they had received $24,000, it WIlS still theirs. In ad- 
dition to the river front, thcre was also a strip of lanù on the cast side of the 
reserve which was brought by the government survey within the section that 



:MISSION LANDS. 


291 


ciailH against the governnlent for $20,000 for the 
land, and later of $4,000 for the improven)ents, ,vhich 
in their be8t days had been sold to vVhituJan for $600. 
Congress, by the advice of 
Iajor G. J. Raines, then in 
cOlnlnand at Fort Dalles, and through the efforts of 
politicians ,vho kne\v the strength of the society, 
allo\ved both claio1s ;47 and it ,vould have been seeully 
if this liberal indeull1Îty for a false clailll had satisfiell 
the greed' of that ever-hungry body of christian lllin- 
isters. But they still laid clainl to every foot of 
ground ,vhich by their survey of 1850 fell ,vithout 
the boundaries of the 11lilitary reserve, taking enough 
on every side of it to lllake up half of a legal Inission 
donation.4
 
The case canle "before three successive surveyor- 
generals and the land cOlnmissioners,49 and \vas each 
tilHe decided against the 11lissionary society, uutil, as 
I have said, congress ,vas induced to pay danlageB to 
the anlount of $24,000, in the expectation, no doubt, 
that this ,vonld settle the claillls of the 11lissional'ies 
forever. Instead of this, ho\vever, the nlethodist in- 
fluence ,vas strong enough ,vith the secretary of the 
interior in 1875 to enlist hilll in the business of get- 
ting a deed in fee silnple froIn the governluent of the 
. . land clairned by the luis
;Íonaries, 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., l\1
., 3-5. 
41 Bill passed in June 1860. See remarks upon it by Or. Statesman, April 
2(i, I8.")!); IeZ" 
Iarch 1.3, I8.3!); Iud, A.ff. ]lept, 18,")4, 284-ô. 
48 They made another point-that 'Valler had left Thc Dalles and taken land 
at Salem, where he had hut half a claim, which he wanted to fill up at The 
Da1les. Flllt01i'.
 Eastern Ur., :MS., 7. Deady says notwithstanding that RoL. 
erts had (leclared the sale to \Vhitman cancellcd ill I84!), a formal deed of 
quitclaim was not obtained till Feb. 28, 18.3!); and further, that on the 3d 
of 
o\Tember, 18.38, 'Yalker and Eells, professing to act for the AUlericall 
board, had conveyed the premises to ß1. M. 
IcCan'er and Samuel L. "-hite, 
subject only to the military reseryation, Portland ürcgoniau, Dec. 4, 1879; 
Ur, Statesman, Aug, 2.3 and Sept, 8, 18.3.3. 
49U. 8. II. Ex. J)oc., I, YO!. v.;;, 38th congo 2d sess.; Land Off. Rept, It;ü4, 
2; Portla:nd OrPflonian, Jan. 23, 186.3. 
50 Portland Admcnte, 
Iay 6, 187.3; r anCOlll'f'r Rerli...ter, Aug. 6, 187.3; Y. 
Y. Methodist, in Jralla JValla 8ta f e8man, 
Iay I, 1875. Fulton 
ays James 
K. Kelly told him that Delano had himself Lecn a methodist minister, wliich 
may account for the strong intercst ill this case. Eastern Or., :\18., 6. 



292 


LA
D LA 'YS A1\D LAXD TITLES. 


erty ,vas already covered by a patent under the dona- 
tion act to W. D. Bigelo\v, 'v ho settled at The Dalles 
in 1853,51 and a deed under the to\vn-site act. But 
Ly Judge Deady this patent \vas held of no effect, 
because the section of the statutes under \vhich it 
,,,,as issued in1posed conditions 'v hich ,vere not COlli- 
plied \vith, nanlely, that the grant could only be n1ade 
upon a survey approved by the surveyor general and 
found correct by the cOlnlnissioner, neither of \vhich 
could be nlaintainec1, as both had rejected the claim. 
And in any case, under the statute,52 such a patent 
could operate only as a relinquishn1ellt of title on the 
part of the United States, and could not interfere 
,vith any valid adverse right like that of Bigelo,v or 
Dalles City, nor preclude legal investigation and de- 
c.ision by a proper judicial tribunal. 
This legal inve
tigation began in the circuit court 
of 'Vasco county in September 1877, but. ,vas re- 
IDoved in the follo\ving January to the United States 
district court, \vhich rendered a decision in October 
1879 adver
e to the missionary society, and sustain- 
ing the rights of the to\vn-site o,vners under the do- 
nation and to\vn-site la\vs, founded upon a thorough 
examination of the history and evidence in the case. 
The mission then appealed to the U. S. supren1e 
court, which, in 1883, finally affirlned Deady's deci- 
sion, and The Dalles, ,vhich had been under this cloud 
for a quarter of a century, ,vås at length enabled to 
give a clear title to its property. 
The clailll Inade by the catholics at The Dalles in 


51 Bigelow sold and con\"eyed, Dec. 9, 1862, an undivided third interest in 
27 acres of his claim to James K. Kelly and Aaron E. 'Vait; and Dec, 12, 
1864, also conveyed to Orlanùo Humason the remaining two thirds of this 
tract. Humason died in Sept. 1875, leaving the property to his wiùow Phæhe 
H umason, who Lecame one of three in a suit against the missionary society. 
See The lJalles l1Ieth. .lIliS8. Claim Cases, 5, a pamphlet of 22 pp. Bigelow 
also conveyed to Kelly anù "Tait 46 town lots on the hill part of the town, 
known as Bluff adùition to Dalles City. Id. 
Ò2Deaclyquotes it as 'section 2447 of the R. S.,'andsaysitwas 'taken 
from the act of Dec. 22, 1834, authorizing the issue of patents in certain cases, 
and önly applies where there has been a grant Ly statute without a provision 
for the issue of a patent,' which could not ùe affirmed ill this case. 



REFLECTIONS. 


20::J 


1848, and ,vho really ,vere in possession at the tin1e 
of the passage of the organic act, ,vas set aside, ex- 
cept so far as they ,vere allo\ved to retain about half 
an acre for a building spot. So differently is la\v in- 
terpreted, according to \vhether its advocates arc 
governed by its strict construction, by popular claillor
 
or by equity and common sense. 
In the case of the original 'old mission' of the 
n1ethodist church' in the vVillanlette Valley, the re- 
111 oval of the n1ission school to Salem in 1843 pre- 
vented title. The land on '" hich Salen1 no\v stands 
,vould have come under the law had not the n1ission 
school been discontinued in 1844; and the sanle 111ay 
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 fron1 them. The Anlerican board 
sold \Vaiilatpu for $1,000 to Cushing Eel1s, as I have 
before rnentioned. It \yas not a to\vn site, and there 
,vas no quarrel over it. An atternpt by the catholics 
to claim under the donation law at vValla 'Valla \vas 
a failure through neglect to rnake the proper notifica- 
tion, as I have also stated else\vhere. No notice of 
the privilege to claim at Lap\vai \vas taken until 186
, 
,vhen the Indian agent of Washington Territory for 
the Nez Percés ,vas notified by Eells that the land he 
,vas occupying for agency purposes ,vas clailned Ly 
the American board, and a contest arose about 
ur- 
veying the land, ,vhich ,vas referred to the Indian 
bureau, Eells forbidding the agent to nlake any fur- 
ther improvel11ents. 63 But as the law under \vhich 



3 Charles Hutchins, the agent referred to, remarks that the missionaries 
at Lapwai may have acted with discretion in retiring to the 'Yillamette Val- 
ley, although they were assured of protection by the Nez Percés; but as 
they had made no demonstration of returning from 1847 to 18G2. and had 
been engaged in other pursuits, it 'was suggesti,,-e 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 ha\"e added that the general im- 
provement in this part of the country might bave prompted them. Ind
 A.1f: 
Rept, 18G2, 426. 



2D4 


LAND LA WS AND LAND TITLES. 


the n1issions could c]ainl required actual occupancy at 
the tilne of its passage, none of the lands resided upon 
by the presbyterians ,vere granted to the board ex- 
cept the \Vaiilatpu clailn froIn ,vhich the occupants 
,vere excluded hy violence and death. Thus, of all 
the land ,vhich the n1Îssionaries had taken so 111ueh 
trouble to secure to their societies, and ,vhich the or- 
ganic act ,vas intended to convey, on1y the blood- 
stained soil of "\Vhitn1an's station ,vas ever confirlned 
to the church, because before 1848 every Inùian nlis- 
sion had he en abandoned except those of the catho- 
lics, ,vho failed to nlanage ,veIl enough to have their 
claiuls ackno\yledged 'v here they nlight have done 
so, and ,vho cOlnnlÍtted the blunùer of atten1pting to 
seize the laud of the Hud:son's Bay COlnpany at Van- 
cou ver. 


Great as ,vas the bounty of the government, it ,vas 
not an unn1ixed blessing. It developed rapacity in 
S0111e .places, and encouraged slothful habits al110ng 
SOllle hy giving them 1110re than they could care for, 
and alhnving thenl to hope for riches froln the sale of 
their unused acres. The people, too, soon fell out ,vith 
the surveyor-general for taking advantage of his 1'0- 
si tion to cxact illegal fees for surveying their clainls 
prior to the public survey, Preston requiring thelll to 
bear this expense, and to enlploy his corps of survey- 
ors. About $25,000 ,vas extorted frolH the farnlers 
in this ,yay, ,vhen Preston \vas removed on their COll1- 
plaint, and Charles 1(. Gardiner of 'Vashington city 
appointed in hiH place in Novenlber 1853. 
Gardiner had not long been in office before hè fol- 
lo,ved Preston's exaluple. The people protested and 
threatened, and Gardiner ,vas obliged to yie1J. Both 
the beneficiaries and the federal officer kne\v that an 
appeal to the general land office ,vould rcsult in the 
people having their \vill in any 111atters pertaining to 
their donation. The donation privileges expired in 
1855, after ,vhich tinle the public lands 'v ere subject 



PREËMPTION ÅI.
D PATENTS. 


295 


to the United States la,v for preën1ption and pur- 
chase. 54 On the aJn1Ï

ion of Oregon as a state in 
1859, out of eight thousand land clain1s filed in the 
registrar's office in Oregon City, only about one eighth 
had been for\varded to vVashington for patent, o\ving 
to the neglect of the govern111ent to furnish clerks to 
the registrar, 'v ho could issue no lTIOre than one certifi- 
cate daily. Fees not being allo,ved, this officer could 
not afford to hire assistants. But in 1862 fees ,vere 
allo\ved, and the work progressed n10re satisfactorily, 
though it is doubtful if ten years afterward all the 
donation patents had been issued. 55 


54 In 1856 John S. Zieber was appointed surveyor general, and held the 
office until 18.39, when 'V. 'V. Chapman was app0inted. In 1861 he gavo 
way to B, J. Pcngra, and he in turn to E. L. Applegate, who was followed 
by 'V. H. Odell, Ben. Simpson, and J. C. Tolman, all Oregon men. 
55 Land Off. Rept, 18.38, 33, 1863, 21-2; Or. Argus, Sept. 11, 1858; S. F. 
Bulletin, Jan. 28, 18ß4. 



CHAPTER XI. 


POLITICS AND PROGRESS. 


1853. 


LEGISLATIVE PROCEEDINGS-J UDICIAL DISTRICTS-PUBLIC BUILDINGS-TENOR 
OF LEGISLATIO
-INSTRUCTIONS TO '!'HE CONGRESSIONAL DELEGATE-HAR- 
BORS AND SHIPPING-LANE'S CONGRESSIONAL LABORS-CHARGES AGAISST 
GOVERNOR GAINES-OCEAN MAIL SERVICE-PROTECTION OF OVERLAND 
IMMIGRANTS-:MILITARY ROADS-DIVISION OF THE TERRITORy-FEDERAL 
ApPOINTMENTS-NEW JUDGES AND THEIR DISTRICTS-VVIIIGS AND DEM- 
OCRATS-LANE AS GOVERNOR AND DELEGATE-ALONZO A. SKINNER-Ay 
ABLE AND HUMANE 
iAN-SKETCH OF HIS LIFE AND PUBLIC SERVICES. 


I HAVE said nothing about the legislative and po- 
litical doings of the territory since the SU111nler of 
1852, \vhen the assembly met in obedience to a call 
fronl Governor Gaines, only to sho\v its contelupt by 
adjourning \vithout entering upon any business.! At 
the regular ternl in December there were present five 
\vhigs, three frolTI ClackaJnas county and t\VO froin 
Yamhill. Only one other county, U rnpqua, ran a 
\vhig ticket, and that elected a den10crat, which 
proluised little cOll1fort for the adherents of Gaines 


IThe council was composed of Deady, Garrison, Lov<'joy, Hall, and Way- 
mire of the fonner legislature, and A. L. Humphry of Benton and Lane 
counties, Lucius 'V. 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 llOuse were J. C. Averyanù George E. Cole of 
Benton; 'v. T. 
Iatlock, A. E. vVait, and Lot 'Vhitcomb of Clackamas; 
John A. Anderson of Clatsop and Pacific; F. A. Chenoweth of Clarke and 
Lewis; Curtis of Douglas; John K. Harùin of Jackson; Thomas N. Aubrey 
of Lane; James Curl and Royal Cottle of Linn; B. F. Harùing, Benjamin 
Simpson, and Jacob Conser of 
Iarion; H. N. V. Holmes and J. 1\1. Fulker- 
son of Polk; A. C. Gihbs of Umpqua; John Uichardson, F. B. 1Iartin, and 
John Carey of Yamhill; Benjamin Stark, 
Iilton Tuttle, anù Israel .Mitchell 
of \Vashington. Or. Statesman, July 31, 1852. The officers electeù in July 
held over. 


( 296 ) 



COURT DISTRICTS. 


297 


and the federal judges, \vhose mendacity in denying 
the validity of the act of 1849, adopting certain of 
the Revised Statutes of 1843 of Io,va, popularly 
kno\vn as the steamboat code,2 ,vas the cause of lllore 
confusion than their opposition to the location of the 
seat of goverlunent act, also declared to be invalid, 
because t,vo of then} used the Revised Statutes of 
Io\va of 1838, adopted by the provisional governll1ent, 
in their courts, instead of the later one which the 
legislative asselnbly declared to be the la\v. 
As I have before recorded, the legislature of 1851- 
2, in order to secure the administration of the la\vs 
they enacted, altered the judicial districts in such a 
lnanner that Pratt's district included the greater part 
of tl
e Willamette Valley. But Pratt's tern1 expired 
in the autulnn of 1852-3, and a new man, C. F. 
Train, had been appointed in his place, to,vard 'v hOl11 
the democracy ,vere not favorably inclined, sill1ply 
because he \vas a whig appointee. 3 As Pratt ,vas no 
longer at hand, and as the business of the courts in 
the counties assigned to hirD ,vas too great for a single 
judge, the legislature in 1852-3 redistricted the ter- 
ritory, nlaking the 1st district, \vhich belonged to 
Chief Justice Nelson, comprise the counties of Lane, 
Ulnpqua, Douglas, and Jackson; the 2d district, ,vhich 
,vould be Train's, en1brace Clackamas, l\larion, Yan1- 
hill, Polk, Benton, and Linn; and the 3d, or Strong's, 

onsist of VVashington, Clatsop, Clarke, Le\vis, Thurs- 
ton, Pierce, and Island. By this arrangement Nelson 
\vould have been con1pelled to rernain in contact ,vith 
border life during the relnainder of his term had not 
Deady, ,vha ,vas 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 Lyact. Says the Or. Statesmrm, Jan. 8, 1833: 
'The code of Jaws 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, \vhile the old Iowa Llue-book, expressly repealeù by the as- 
semhly, is enforced throughout their districts. ' 
3 The U7'. Statesman. Dec. 18, 1832, predicted that he would never come to 
Oregon, anù he ne ver ùiù. 



293 


POLITICS A
D PROGRESS. 


a section allo,ving the judges to assign then1sel ves to 
their districts by 111utnal agreernent, only notifyinCf 
the secretary of the territory, ,vho should publish th
 
notice before the beginning of l\Iarch;4 the concession 
being Inade on account of the active opposition of 
the \vhig nlen1bers to the bill as it \vas first dra,vn, 
they Inaking it a party question, and several denlo- 
crats joining \vith then1. The la\v as it ,vas passed 
also 111ade all \vrits and recognizances before iðHued 
valid, and declared that no proceedings should be 
deenled erroneous in consequence of the change in 
the districts. The judges in1tnediately c0111plied \vith 
the conditions of the ne\v la\v, and assigned the 111- 
selves to the territory they had formerly occupied. 


The former acts concerning the location of the pub- 
lic buildings of the territory \vere an1ended at this 
tern1 and new boards appointed,5 the governor being 
declared treasurer of the funds appropriated, \vithout 
po\ver to expend any portion except upon an order 
fron1 the several boards constituted by the legisla- 
ture. 6 Here the lllatter rested until the next ternl 
of the legislature. 
4. Jd., Feb. 12, 1853. The State.qman remarked that the majority in the 
house had killed the first bin and decided to lcave the people without courts, 
unless they could carry a party point, when the council in a commenùable 
spirit of conciliation passed a new bill. 
5 'The ncw board consisted of Eli 1\1. Barnum, Albert 'V. Ferguson, and 
Alvis Kimsey. Barnum was from Ohio, and his wife was Frances Latimer of 
1\ or\valk, in that state. The penitentiary board consisted of \Villiam 1\1. 
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 he- 
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. Boisé was 
chosen in the 2d district, Sims in the 1st, and Alex. Campbell in the :3<1. 
Establishing probate courts, and providing for the election o.f constables and 
notaries public. A. M. Poe was made a notary for Thurston county. D. S. 

laJnard of King, John 1\1. Chapman of Pierce, R. H. Lansdale of Island, 
A. A. l")lummer of Jefferson, Adam Van Duscn of Clatsop, James Scudder of 
Pacific, Septimus Heulat of Clackamas, and 'V. M. King of \Vashington 
county. 01'. 8tatrsman, Feb. 26, IS.3:3. 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 J ustill Chenoweth. 
The commissioners of each county were authorized IJyact to locate a quarter- 
section of land for the benefit of county seats, in accorùance 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 inlprovelnent of the "\Vil- 


congress passed 1\Iay 26, 1824, and report such locations to the surveyor 
general. Uf'. G('n. Laws, 1832-3, 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 1\1. Chapman at Steilacoom; 
King, 011 the claim of David K :l\Iaynard at Seattle; Jefferson, on the claim 
of Alfred .d, 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. .d. 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. \Yilson, 
s
leriff; A. A. Plummer, probate clerk. Commissioners of Island county, 
Samuel D. Howe, John Alexander, John Crockett; 'V. L. Allen, sheriff; It. 
H. Lansdale, probate clerk. Commissioners of Pierce county, Thomas 1\1. 
Chamhers, \Villiam Dougherty, Alexander Smith; John Bradley, sheriff; 
J ohu 
I. Chà.pman, probate clerk. The county seat of Thurston county was 
located :1t Olympia, and that of Jackson county at Jacksonville, The com- 
missioners appointed were James Cluggage, James Dean, and ALel George; 

ykes, sheriff; Led A. Rice, probate clerk. The county seat of Lane was 
fixed at Eugene City. The earliest settlers of this part of the \V illamette 
were, hesides Skinner, Felix Scott, Jacob Spores, Benjamin Richardson, John 
Brown, ,Marion Scott, John Vallely, Benjamin and Joseph Davis, C. l\Iulli- 
gan, Lemuel Davis, Hilyard Shaw, Elijah Bristow, \Villiam Smith, Isaac 
and Elias Briggs. , 
The election law was amended, removing the fh.e years' restriction from 
foreign-horn citizens, and reùucing the probationary period of naturalized 
forcigncrs to six mon ths. 
An act was passed creating an irreducible school fund out of all moneys in 
allY way devoted to school purposes, whether Ly donation, bequest, sale, or 
rent of school hnds, or in any manner whate,?er, the interest of which was 
to be didded among the school districts in proportion to the number of chil- 
drcn Lctween 4 and 21 years of age, with other regulations concerning educa- 
tionalmatters. A hoard of commissioners, consisting of Arnold Fuller, Jacob 
.Martin, anti Harrison Linllville, was crcated to select the two townships of 
lam I gmnte(I 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, f
r the purpose of erecting a 
university building. 
The \Yallamet University was established, by act of the legislature 
Jan. 10, 18,33, the trustees being David Leslie, \Villiam Roberts, George 
Aherncthy, 'V. H. \Yilson, Alanson Beers, Francis K Hoyt, James H. 
'Vilbur, Cal\"Ín S. Kingsley, John Flir..n, E. 
I. Barnum, L. F. Grover, B. 
F. Harding, 8amuel Burch, Francis Fletcher, Jeremiah Ralston, John D. 
Bvon, Joseph Holman, \Vehley Hauxhurst, Jacob Conser
 _\.lvin F. 'Valler, 
John Stewart, James R. RoLb, Cyrus Olney, Asahcl Bush, and Samuel 
Parker. 
l>ilotage was cstablished at the mouth of the Umpqua, and the office of 
wreck-master created for the several counties bordering on the sea-coast, S. 
R. )lann was appointed for Umpqua and Jackson, Thomas Goodwin for Clat. 
BOp and Pacific, anù Samuel B. Crockett for the coast north of Pacific county, 
to serve until these offices were filled by election. 
The First )Iethodist Church of Portland was incorporated January 23th, 
and the city of Portlanù on the 28th. A divorce la,,,- was passeù at this ses- 



gOO 


POLITICS AND PROGRESS. 


lamette River; $30,000 for opening a n1ilitary road 
from Steilacoom to Fort Walla Walla; $-10,000 for a 
Inilitary road from Scottsburg to Rogue Ri vel" Valley; 
$15,000 to build a light-house at the nlouth of the 
Umpqua; $15,000 for buoys at the entrance 'of that 
river; and $40,000 tv erect a fire-proof custo111-house 
at that place. He \vas also instructed to have St 
Helen nlade a port of delivery; to have the surveyor 
general's office renloved to Salem; to procure an in- 
crease in the nurnber of members of council froln nine 
to fifteen, and in the house of representatives froll1 
eighteen to thirty; to ask for a nlilitary recol1noissance 
of the country bet\veen the 'Villan1ette Valley and 
Fort Boisé; to procure the establishnlent of a mail 
route fronl Olympia to Port To\vnsend, \vith post- 
offices at Steilacoonl, Seattle, and Port To\vnsend, 
,vith other routes and offices at 'Vhidby Island and the 
1110uth of the Snohonlish River; to urge the survey 
of the boundary line between California and Oregon; 
to procure money for the continuance of the geologi- 
cal survey \vhich had been carried on for one year 
previous in Oregon territory;7 to call the attention of 
congress to the manner in \v hich the Pacific l\Iail 
Steanlship Conlpany violated their contract to carry 
the mail from Panamá to Astoria;8 and to endeayor 


sion, the first enacted in the territory, divorces hitherto haying been granted 
by the legislature, which failed to inquire closely into the cause for COlll- 
plaint. The law made impotency, adultery, bigamy, compulsion or frautl, 
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 1832-3. A large Hum- 
ber of road acts were passed, showing the development of the country. 
í In IS31 congress orùered a general reconnoissance from the Rocky :Moun- 
taius to the Pacific, to be performed by the geologists J. Evans, D. D. Owens, 
B. P. Shumard, and Norwood. It was useful in pointing out the location of 
yarious minerals used in the operations of commerce and manufacture, though 
most of the important (1iscoveries have LeenInade by the unlearne(l but prac- 
tical miner. U, 8. H. Ex. Doc., 2, pt ii. 7, 32d congo 1 seSE.; U. S. Sen. Com. 
Rept, 177, 1-3, 6, 3Gth congo 1st sess.; Ur. Speclator, Nov. IS, 1831; Olym- 
pia Columbian, Jan. 22, I 85:!. 
8 No steamship except the Frémont, and she only once, had ventured to 
cross the Umpqua bar. From 1831 to 1838 the following vessels ,...-ere lost 
on the southern coast of Oregon: At or near the mouth of the Umpqua, the 
Bo.<.;tonian, Oaleb Curtis, Roanoke, Achilles, Nassau, Almi'ra, Fawn, and Loo- 
Choo; and at or near the entrance of Coos Bay the Cyclops., Jackl:3on, anJ two 



E:\IIG


T ROAD. 


301 


to l1rlye the salary of the postmaster at that place 
raised to one thousand dollars. 
This ,vas a forlnidable amount of work for a single 
delegate, but Lane ,vas equal to the undertaking. And 
here I \vill briefly revie\v the congressional labors of 
Thurston's successor, ,vho had \von a lasting place in 
the osteen1 and confidence of his constituency by using 
his influence in favor of so an1ending the organic.la\v 
as to pern1it the people to elect their o,vn goyernor 
and judges, and ,vhen the measure failed, by sustaining 
the action of the legislature in the location of the seat 
of governluent. 
Lane ,vas al\vays en ralJport ,,
ith the democracy 
of the territory; and ,vhile possessing less n1ind, less 
intellectual force and ability, and proceeding ,vith less 
foresight than Thurston, he n1ade a better in1pression 
in congrcss ,vith his lTIOre superficial accon1plishn1cnts, 
by his frankness, activity, and a certain gallantry and 
lJonhon1ie natural to hin1. 9 His first ,york in con- 
gress ,,'as in procuring the all1endn1ent to Thurston's 
bill to settle the Cayuse ,val' accounts, ,,
hich author- 
ized the payrnent of the alTIOunt already found due by 
the con11nissioners appointed by the legislature of 
1850-1, a1l1ounting to $73,000. 10 
A1TIOng the charges brought against Governor 
Gaines ,vas that of re-auditing and c
1a
1ging the 
values of the certificates of the con1rnlSSlOllers ap- 


others. In 18.38 the Emil!! Packard was wrecked at Shoalwater Bay. 'Vhen 
nO\". Curry in 183.3-(3 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, hut that none of 
these aiùs 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 ha,-e 
lJcell more vessels had there been more light-houses. In Dec. 1856 the light- 
house at Cape Disappointment was completed, and in 1837 those at Cape 
Flattery, New Dungeness, and Umpqua; but the latter was undermined by 
the sea, being set upon the sands. 
9There is a flattering biography of Lane, published. in Washington in 
1832, with the design of forwarding his political aspirations with the national 
democratic convention which met in Baltimore in June of that year. 
I\J U. S. II. Jour., 1039, 1224, 32d congo 1st sess,; U. S. Laws, in Congo Globe, 
1831-32, pt iii. ix.; U. S. H. Jour., 387, 33d congo 1st sess.; Or. Statesman, 
July 10, 1832. 



302 


POLITICS Ai'\D PROGRESS. 


pointed by the legislature to audit the Cayuse \yar 
clairDs, and of retaining the ,varrants for,v;rded to 
hiln for delivery, to be used for political purposes. 
Lane had a different ,yay of making the ,val' claiu1s 
profitable to himself. Gaines ,vas infornleJ frolH 
\Vashington that the report of the territorial cOlllnlis- 
sioners ,yould be the guide in the future adjustulcnt 
of the Cayuse 
ccounts. Lane procured the :pas
age 
of an aillendinent to the former ellactn1ents on this 
suLject, \vhich Inade up the deficiency occasioned by 
the alteration of the certificates; and the different 
lUanneI' of nlaking political capital out of the ,val' claillls 
c0111n1ended the delegate to the affections of the pco- 
pIe. u The 33d congress concluded the business of 
the Cayuse ,val' by appropriating $75,000 to pay its 
rel11aining expenses. 12 
Lane urged the establishlllent of Inail routes through 
the territory, and the better perfornlance of the ll1ail 
service; but although congress had appropriatell in 
1852 oyer $348,000 for the ocean 111ail service on the 
Pacific coast,13 Oregon still justly con1plained that less 
than the right proportion ,vas expended in carrying 
the l1}ails north of San Francisco. The appropriations 
for the various branches of the public service in Ore- 
gon for 1852; besides J11ail-carrying, an10unted to 
$78,300, and Lane collected about $800 llH>re frotH 
the governnlent to pay for taking the cenSU8 of 1850. 
Hc also procured the passage of a bill authorizing the 
president to designate :places for ports of entry antI 
deli \"rery for tho colJection districts of Puget Sound 
and U nlpqua, instead of those already estaLlishcd, and 
increasing the salary of the collector at .1\..storia to 
$3,000; but he failcd to secure additional collection 
di
tricts, as had been prayed for by the legislature. 


11 Or. Statesman, :May 14, 1853; Letter of Gainp,c:, in lei" Feb. 26, 1863; 
Cong. GlotJe, 18.33, app. 341; U. S. II. Com. Rept, 1
2, vol. ii. 4-.3, 3
ù congo 
1st sess. 
12 U. S. H. Ex. Doc. 4$, 33d congo 1st sess.; U. S. II. Oom. Rept, 122, 
33d congo 1st sess.; Cony. Globe, 1853-4, 2239, 33d congo 1st sess. 
la U. S. Laws, in Cony. Globe, 18.31-2, pt iii. xxix. 



:MATTERS I
 CO
GRESS. 


303 


He also introduced a bill granting bounty land to the 
officers and soldiers of the Cayuse ,val', ,vhich failed as 
first presented, but succeeded at a subsequent ses- 
sion. U 
A measure in ,,,,,hich Lane, ,vith his genius for mil- 
itary affairs, ,vas earnestly engaged, ,vas one for the 
protection of the Oregon settlers and irnn1igrants fron1 
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 
,vhat steps if any had been taken to secure the 
safety of the Ï1nn1igration, and in case none had 
been taken, that he should cause a regin1ent of 
nlounted riflemen to be placed on duty in Rogue 
River Vaney, and on the road bet,veen The Dalles anLl 
Fort Hal1. 15 In the debate \vbich follo,ved, Lane ,vas 
reproved for directing the president ho,v to dispose of 
the arn1Y, and told that tho n1atter could go before 
the l1ìiÜtary comn1Íttee; to 'v hich he replied that 
there ,vas no tin1e for the ordinary routine, that the 
iUlllligration ,vould soon be upon the road, and that 
the regiment of nlounted riflenJen belonged of right 
to Oregon, having been raised for that territory. But 
he ,vas 11let ,vith the staten1ent that his predecessor 
Thurston had declared the regiinent unnecessary, and 
had asked its ,vithdra,vaJ in the nalne of the Oregon 
people; 16 to ,v hich r 
anc replied that Thurston u1Ígh t 
have so believed, but that although in the inhaLited 
portion of the territory the people nlight be able to 
defend themselves, there ,vas no protection for those 


14S peec h of Brooks of N. Y., in Congo Globp, 1851-52, 627. Failing to 
have Orcgon embraced in the benefits of this bill, Lane introlluced 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 maùe to coY
r 'any 
wars' in which volunteer troops had been regularly enrolled since 1790. Ba- 
con's llJf'rc. Life, 
IS., 16. 
15 Congo Globe, 1831-2, 307. . 
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, 1\1 r Thurston, cOlltÌrmeù this account, anù represented that 
some ill feeling haù sprung up between the tr00ps and the people of the ter- 
ritory, and that the latter desired their removal.' Or. Spectator. Aug. 12, 
1831. 



304 


POLITICS AND PROGRESS. 


travelling upon the road several hundred 111ilcs from 
the settlements, and cited the occurrences of 1851 in 
the Shoshone country. His resolution ,vas. laid on 
the table, but in the nIean time he obtained an assur- 
ance froin the secretary of ,val' that troops should Le 
placed along the overland route in tilne to protect 
the travel of 1852. 17 On the 8th of April Lane pre- 
sented a petition in his o,vn name, as a citizen of Or- 
egon, praying for arnlS and anlmunition to be placed 
by the government in the hands of the people for 
their defence against the savages; hoping, if no other 
measure ,vas adopted, Thurston's plan, which had 
gained the favorable attention of congress, might be 
carried into effect. At the sanIe tirne Senator Doug- 
las, ,vho ,vas ever ready to assist the representatives 
of the Pacific coast, reported a bill for the protection 
of the overland route,tð ,vhich was opposed because it 
,yould bring ,vith it the discussion of the Pacific rail- 
road question, for 'v hich congress ,vas not prepared, 
and ,vhich it ,vas at that time anxious to avoid. The 
bill ,vas postpont
d, Lane's efforts for the protection 
of the territory being partly successful, as the chapter 
folIo,ving ,vill sho,v. 
The reconnaissance from the Willamette Valley to 
Fort Boisé ,vhich the legislature asked for ,vas 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 \vith a vic,v to 
opening a road directly from Boisé to the head of the 
valJey, complaint having been made that the legisla- 
ture had not sufficiently interested itself hitherto in 
explorations for ,vagon 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. bin before the sen- 
ate 'to provide for the better protection of the people of California and Ore- 
gon.' C01lg. Globe, vol. xxiv., pti. p. 471, 32d congo 1st sess,; Or. Statesman, 
April 6, 18.12. 
18 Congo Globe, 1851-2, 1684. 



MILITARY ROADS. 


:305 


immigrations to open ne\v routes, ,vith the usual 
a'lnount of peril and suffering. 19 
Appropriations for n1Ílitary roads, which were asked 
for by the legislature of 1852-3, had already beon 
urged by Lane at the first session of the 32d congress, 
and \vere obtained at the second session, to the amount 
of forty thousand dollars; twenty thousand to con- 
struct a n1ilitary road fronl Steilacoonl to Wana Wal- 
la,20 and t\venty thousand for the inlprovement of the 
road from the Un1pqua Valley to Rogue River. 21 


19The legislature of 1851-2 authorized a company of seven men, William 
:Macey, John Diamond, 'V. T. 'Valker, 'Villiam Tandy, Alexander King, 
Joseph :Meaùows, and J. Clarke, to explore an immigrant road from the up- 
per part of the 'Villamette Valley to Fort Boisé, expending something over 
$
,OOO in the enterprise. They proceedcd by the middle branch of the river, 
by \vhat is now known as the Diamond Peak pass, to the summit of the Cascade 

lountains. They nameù 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 
'Valker l:ange, and down Des Chutes to Crooked River, from which they 
tra\'elled east to the head of J\Ialheur Riyer, naming the butte which here 
seems to terminate the Rlue Range, King peak. After passing this peak they 
were attackt>d by Indians, who wounded three of the party und captured 
their baggage, when they wandereù for 8 days with only wild berries to eat, 
coming to the old immigrant road GO miles from Boisé, and returning to the 
'Villamctte by this route. Ur. Jour. Council, 1832-3, app. 13-15. Another 
company was sent out in .183:3 to imprO\-e the trail marked out by the first, 
which they diù so hastily anù 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 ahout 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 thousanù dollars' worth of property.was sacrificed. Or. 
State8man, Nov. 1, 1833, .1\lay 16, 1834; Albany Re[lÜ
ter, Aug, 21, 1869. I 
have before me a manuscript by 
lrs Rowena Kichols, entitled Indian Af- 
fairs. It relates chiefly to the Indian wars of southern anù eastern Oregon, 
though treating also of other matters. .1\Irs Nichols ,vas but 2! years old when 
with her mother anù grandmother she passed through this experience. She, 
and one other child, a boy, lived on the milk of a cow which their elùers 
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. },[erce1', 
in Washington Sketche8, 1\18., 1; IIines' Ur., 209; Olympia Columbian, Kov. 
27. 1852; S. F. Alta, Aug. 16, Sept. 19, Oct. 7, 8, 24, and 23, and Nov. 21, 
183a; S. F. D. Herald, Aug. 31, 1852; Or. Statesman, Oct. 4 and Nov. 1, 
1853; Olympia, Columbian, Nov. 26, 1853. 
20 E\"ans in his Puyallup address says: 'Congress having made an appro- 
priation for a military road between Fort 'Valla \Valla and Fort Steilacoom, 
Lieut Richard Arnold was assigned the duty of expending it. He ayoiùed 

hat .mountain 1>e
ond Greenwater, but in the main. adopted t.he wor
 of the 
immIgrants of 18
3. The money was exhausted In completlDg theIr road. 
He asked in vain that the labors of the citizens shoulù be requited.' New Ta- 
coma Ledger, July 9, 1880. This road was opened in 1834 for travel. 
21 This road was flurveyed in 1833 by B. Alvorù, assisted by Jesse Apple- 
BIST. OB,. VOL.H. 20 



306 


POLITICS AND PROGRESS. 


After his re-election, Lane secured another t,,"enty- 
thousand-dollar app
opriation to build the road ask
d 
for by the legislature, from Scottsburg to connect 
,vith the fornler road to Rogue Ri ver,22 besides other 
appropriations sufficient to justify his boast that he 
had obtained lTIOre nloney for his territory than any 
other delegate had ever done. 2a 


I have already spoken of the division of the ter- 
ritory according to the petitions of the inhabitants of 
tlie territory north of the Columbia, and a n1elTIoriai 
of the legislature of 1852-3. This n1easure also 
Lane advocated, upon the ground that the existing 
territory of Oregon ,vas of too great an area, and en- 
couraged the democratic party in Oregon to persist 
in nlelTIorializing congress to renlove the obnoxious 
federal officers appointed by a \vhig president. 24 
The spring of 1853 brought the long-hoped-for 
change in the federal appointlnents of the territory. 
T\vo 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 
Umpqua cañon; but after expenùing one quarter of the appropriation in sur. 
"eying, the reulainder was applied to improving the cañon and the Grave 
Creek hills, The contracts were let to Linùsay Applegate and Jesse Roberts. 
Cong. Globe, 1832-3, app. 332; Or. Statesman, Nov. 8, 1853. 
2:.! The survey of this road was begun in October 1834, by Lieut "Tithers, 
U. S. A., and completed, after another appropriation had been obtained, in 
1858, by Co!. Joseph Hooker, then employed by Capt. Mendall of the topo- 
graphical engineers. . Hooker was born in Hadley, l\lass., in 1819, graduated 
at \Vest 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 :l\lexican war, 
after which he resigned and went to farming in Sonoma County, Cal., ill 
1833, losing all his savings. \Vhen 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 Octob8r 
187!). Or. State,çmall, June 3, 18(3], and Aug. 18, 18ß2; Bowles' Far JVest, 433; 
S. P. Eull('tin, Nov. 1, 187D. 
23 Lane's Autobiography, MS., 131. For his territory, and not for himself. 
Lane's ambition was for glory, anù 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 representati\Tes, according to the law of 1818 on this subject. In the de- 
bate it came out that Thurston bad received $000 over the legal sum, 'by 
what autbority the committee were unable to learn.' Congo Globe, 1851-2, 
1377. 
21 The territorial officers chosen by the assembly were A." Bush, printer; 
.L. F.. Grover, auditor; C. N. Terry, librarian; J. D. Boon, treasurer. 



DISTRICTS A
D JUDGES. 


307 


foriner incunl bents of the federal offices were dis- 
placed except Pratt, and he ,vas nlade chief justice, 
,vith l\Iatthe\v P. Deady and Cyrus 0lney25 as asso- 
ciates. Before the confirmation of the appointnlents 
Judge Pratt's naHle ,vas \vithdrawn and Oregon thus 
lost an able and pure chief justice/ 6 and that of 
George H. 'Villiams,2T a judge in Keokuk, Iowa, 
substituted. 
'Vith regard to the other judges, both residents of 
Oregon, it \vas said that Lane procured the appoint- 
nlent of Deady in order to have him out of his \vay 
a fe\v months later. But Deady ,vas well worthy of 
the position, and had earned it fairly. The appoint- 
ments ,vere ,veIl 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 \Villiams in the central counties. 
But in October it began to be rUillored that a ne\v 
appointment had been made for a judgeship in Ore- 
gon; to \vhat place remained unkno\vn for several 
\veeks, \vhen O. B. l\lcFadden, of Pennsylvania, ap- 
peared in Oregon and claimed the 1st district, upon 
the grounù that in making out Deady's cOlTIlllission a 
n1Ístake 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 18.31. He resided at different 
times in Salem, Portland, and Astoria. He was twice a member of the legis. 
Iature, 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. 

6The withdrawal of Pratt was a loss to Oregon. He laid the founda- 
tion of the judiciary in the state. An able and conscientious official. 
27George H. \ViUiams was born in Columbia County, N. Y., March 2, 
1823, He receÍ\Ted an academic eùucation, 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 ill the hope that he would decide their titles to the land to be good; but 
he disappointed them, and was not reëlected. In the presidential campaign 
of IS,j:'!, he canvassed Iowa for Pierce, and was chosen one of the electors to 
carry the yote of the state to \Yashington. 'Vhile there he obtained the 
appointment of chief justice, and removed to Oregon the following year. 
He retained this position till 1839, 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. 
Bulleti.n, in Portland Oreyonian, Oct. 8, 18û4. 



308 


POLITICS AND PROGRESS. 


fore he ,vas not duly cOIIllnissioned. On this flilnsy 
pretence, by,vhon1 suggested ,vas not kno\vn,28 Deady 
,vas unseated and Mc
Fadden 29 took his place. Being 
regarded as a usurper by the Inajority of the denloc- 
racy, ]\fcFadden \vas not popular. With his official 
acts there was no fault to be found; but by public 
Ineetings and other\vise Lane was given to under- 
stand that Oregon wanted her o,vn Inen for judges, 
and not ilnported stock. Accordingly, after holding 
one term in the southern district, before the spring 
caIne JVlcFadden was transferred to Washington Ter- 
ritory, and Deady reinstated. From this tin1e for- 
\vard there was no rnore appointing of non-resident 
judges \vith every change of adnlÏnistration 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, VVashington, YamhilI, and Clackan1as the 2d; 
and the southern counties the 3d-and peace reigned 
thencefor\vard anlong the judiciary. 


As if to crown this trIumph of the Oregon delnoc- 
racy, Lane, whose term as delegate expired \vith the 
32d congress, ,vas returned to Oregon as governor, 
renloving Gaines as Gaines had removed hinl. 30 
Lane's popularity at this tiule throughout the \vest- 
ern and south-western states, whence came t.he Inass 
of the emigration to Oregon, was unquestioned. He 
was denominated the Marius of the Mexican \var,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 app
ar honorable motive. 
29 Obadiah B. .McFadden was born in \Vashington 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 pIcas of his county, and in 18.33 was appointed by President I>ierce 
associate justice of the sup. ct for the territory of Oregon. OlUmpia Echo, 
July 1, 1875. 
30In his AutobiograpllY, MS., 58, Lane remarks: 'I took care to have 
Gaines removed as a kind of compliment to me'! 
slJenkins' History o/the War with JJlexico, 49t\, 



CONGRESSIONAL ELECTION. 


309 


,vith regard to the Rogue River Indians ,vere paraded 
as brilliant exploits to make political capital. There\vas 
an ingenuous vanity about his public and private acts, 
and a happy self-confidence, mingled \vith a flattering 
deference to sorne and an air of dignity to\vard others, 
\vhich made him the hero of certain circles in WaRhii1g- 
ton, as ,veIl as the pride of his constituency. I t ,vas 
,vith acclaim therefore that he ,vas welcoll1ed back to 
Oregon as governor, bringing ,vith him his ,vife, chil- 
dren, and relatives, to the nunlber of t\venty-nine, that 
it n1Ïght not be said of hil'll that he ,vas a non-resident 
of the territory. He had taken pains besides to have 
all the United States officers in Oregon, froln the sec- 
retary, George L. Curry, to the surveyors of the ports, 
appointed fron1 the residents of the territory. 32 
Lane arrived in Oregon on the 16th of l\Iay, 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 progran1n1e 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 lnany respects, and a Ulan every \vay 
fitted for the position. 33 The organization of political 


S2B. F. Harding was made U. R attorney; J. 'V. Nesmith, U. S. mar- 
shal; Joel Palmer, iupt Indian affairs; John Adair, collector at Astoria; A. 
C. Gibbs, collector at Umpqua; '''m 1\1 King, port surveyor, Portland; Rob- 
ert \Y. Dunbar, port surveyor, :Milwaukie; 1>. G. Stewart, port surveyor, 
Pacific City; and A. L. Lovejoy, postal agent. A. C. Gibbs superseded 
Colin 'Vilson, the first collector at Umpqua. The surveyors of ports rc- 
moved were Thomas J. Dryer, Portland; G. P. Newell, Pacific City; N. Du 
Bois, 1\Iilwaukie. Or. Stateßman, April 30, 1833. 
33 Alonzo A, Skinner was born in Portage co., Ohio, in 1814. He received 
a good education, anr1 was admitte<l to the bar in 1840, and in 1842 settled 
in Putnam co., where he was elected prosecuting attorney, his commission 
bcing signed Ly Thomas Corwin. In] 843 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 
year he was made Indian agent for the Rogue Ri\yer Valley, and rcmoved 
from Oregon City to southern Oregon. Bcing a whig, and the territoryover- 
whelmingly democratic, he was beatcn in a contest for the delegateship of 
Oregon in 1833, Lane being the successful candidate. After the expiration 
of hi.3 term of office as' Indian agent, hc returned to Eugene City, which 'was 
foundeù Ly Eugene F. Skinner, where he married Eliza Lincoln, one of the 



310 


POLITICS AND PROGRESS. 


parties, on national as wen as local issues, began \vith 
the contest bet\veen 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 
rnouth-piece was the Oregon Statesman. The canvass 
,vas a warrn one, with all the chances in favor of Lane, 
,vho could easily gain the favor of even the whigs of 
southern Or
gon by fighting Indians, whereas Skinner 
,vas not a fighting nlan. The "Thole vote cast at the 
election of 1853 \vas 7,486, and Lane's lllajority \vas 
1,575, large enough to be satisfactory, yet sho\ving 
that there ,vas a po\ver to be feared in the' people's 
party,' as the opponents of democratic rule no\v styled 
their organization. 


As soon as the result becan1e known, Lane repaired 
to his land clair}} near Roseburg, and began building 
a residence for his family.34 But before he had nlade 
Illuch progress, he was c
lled to take part in subduing 
an outbreak aillong the natives of Rogue River Val- 
ley and vicinity, which ,viII be the subject of the next 
chapter. Having distinguished hinlself afresh as gen- 
eral of the Oregon volunteers, he returned to \V:18h- 
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 18G6, he was appointed by Gov- 
ernor \V ooùs 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 all 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. 1877. 
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 Autobiograph!/, 
IS., U3. Gaines also took a claim about ten miles 
from Salem. Or. Statesman, June 28, 18,)3. 



,CHAPTER XII. 


ROGUE RIVER WAR. 


1853-1854. 


IMPOSITIONS AND RETALIATIONS-OUTRAGES BY'\YHITE MEN AND INDIANS- 
THE :MILITARY CALLED UPON- \V AR DECLARED-SUSPENSION OF BUSI- 
NESS-RoADS BLOCKADED-FIRING FROM AMBUSH-ALDEN J..T TABLE 
ROCK-LANE IN COMM
ND-RATTLE-THE SAVAGES SUE FOR PRACE- 
ARMISTICE-PRELIMINARY AGREEMENT-HOSTAGES GIVEN-ANOTHJ:lt 
TREATY WITH THE ROGUE RIVER PEOPLE-STIPULATIONS -OrHER 
TREATIES-COST OF THE \,y AR. 


NOT'VITHSTANDING the treaty entered into) as I have 
related, by certain chiefs of Rogue River in the SUI11- 
nlcr of 1852, hostilities had not altogether ceased, 
although conducted less openly than before. 'Vith 
such a rough element in their country as these ll1in- 
ers and settlers, many of theln bloody-minded and un- 
principled l11en, and lllost of them holding the opinion 
that it \vas right aud altogether proper that the 
natives should be kiIled, it ,vas in1possible to have 
peace. The white Inen, many of them, did not ,vant 
peace. The quicker the country ,vas rid of the red- 
skin verrnin the better, they said. And in carrying 
?ut their determination, they often outdid the savage 
In savagery. 
There was a sub-chief, caned Taylor by white Inen, 
,,"ho ranged the country about Grave Creek, a north- 
ern tributary of Rogue River,' ,vho \-vas specially 
hated, ha\Ting killed a party of seven during a ,vintcr 
storul and reported then1 drowned. He conunitted 
other depredations upon slnall parties passing over 
(311 ) 



:312 


ROGUß RIVER \Y AR. 


the road. 1 It was believed, also, that ,vhite ,vornen 
,vere prisoners among the Indians near Table Rock, 
a rUlnor arising probably frorn the vague reports of 
the captivity of t\VO ,vhite girls near I(lan1ath Lake. 
Excited by ,vhat they kne\v and \vhat they imag- 
ineJ, about the 1st of June, 1853, a party fro ill 
Jacksonville and vicinity took Taylor ,vith three 
others and hanged thenl. Then they ,vent to Table 
Rock to rescue the alleged captive \vhite WOlnen, and 
finding none, they fired into a village of natives, kill- 
ing six, then ,vent their ,yay to get drunk and boast 
of their brave deeds. 2 
There ,vas present neither Indian agent nor mili- 
tary officer to prevent the outrages on either side. 
The ne\v superintendent, Pahner, was hardly installed 
in office, and had at his command but one agent,3 
,vhon1 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- 
,vest coast in the preceding September, but were so 
distributed that no cOlnpanies ,vere ,vithin reach ot 
Rogue River. 4 As might have been expected, a fe\v 
,veeks after the exploits of the Jacksonville com- 
pany, the settlelnents ,vere suddenly attacked, and 
a bloody carnival follo,ved. 5 Volunteer companies 
quickly gathered up the isolated families and patrolled 


I Drew, in Or. Jour. Oouncil, 1857-8, app. 26; Or. Statesman, June 28, 
1853; Jacksonville Sentinel, 
Iay 23, 1867; Dowell's Nar., :MS., 5-6. 

 'Let our motto be extermination,' cries the editor of the Yrekrt Herald, 
'and death to all opposers.' See also S. F. Alta, June 14, 1853; Jacl
son'i;tlle 
Sentinel, 
lay 25, 1867. The leaders of the company were Bates and Two- 
good. 
3 This was J. M. Garrison. Other appointments anived soon after, 
designating Samuel H. Culver and R. R. Thompson. J. L. Parrish was 
retained as sub-agent. Rept of S'itpt Palmer, in U. S. If. Ex. Doc., i., vol. 
i. pt. i. 448, 3:
d congo ] st sess. 
4 Five companies were stationed at Columbia barracks, Fort Vancouver, 
one at Fort Steilacoom, one at the mouth of Umpqua Ri\Ter, two at Port Or- 
ford, and one at Humboldt Bay. Cal. Mil. Aff. Scraps, 13-14; Or. States- 
man, Sept. 4, 1852. 
b August 4th, Richard Edwards was killed. August 5th, next night, 
Thomas J. :Mills and Rhodes :Koland were killed, and one Davis and Burril 
F, Griffin were wounded. Ten houses were burned between Jacksonville 
and \V. G. T'Vault's place, known as the Dardanelles, a distance of ten 
miles. 



GATHERL
G OF VOLUNTEERS. 


313 


the country, occasionally being fired at by the con- 
cealed foe. 6 A petition \vas addressed to Captain Al- 
den, in cOlnnland of Fort Jones in Scott Valley, 
asking for arms and alnmunition. Alden immediately 
carne for\vard ,vith t\yelve TIlen. Isaac Hill, with a 
small COll1pany, 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 iUlnli- 
grant cainp and killed and \vounded several.. 8 The 
houses every,vhere \vere no\v fortified; business \vas 
suspended, and every available man started out to 
hunt Indians. 9 
On the 15th S. Ettinger ,vas sent to Salen1 ,vith 
a request to Governor Curry for a requisition on 
Colonel Bonneville, in comnland at Vancouyer, for a 
ho,vitzer, rifles, and amnlunition, ,vhich \vas granted. 
\Vith the ho,vitzer \vent Lieutenant I(autz and six 
artilleryulen; and as escort forty volunteers, office red 
Ly J. W. N eSlnith captain, L. F. Grover 1st lieu- 
tenant, vV. 1(. Bealo 2d lieutenant, J. D. 1\lcCurdy 
surgeon, J. 1\1. Crooks orderly sergeant. 10 Over t\VO 
hundred volunteers ,vere enrolled in t\VO companies, 
and the chief cOlnmand ,vas given to Alden. Froin 
Yreka there were al80 eighty volunteers, under Cap- 


6 Thus were killed John R. Hardin and Dr Rose, both prominent citizens 
of Jackson county. Or. Statesman, Aug. 23, 1833. 
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, \Villiam Taylor, and Andrew B, Carter. The names 
of settlers who were gathered in at this place were Frederick Heber and 
wife; Robert \Vright and wife; Samuel Grubb, wife and five children; 'Vill- 
iam Taylor, R. B, Hagardine, Jobn Gibbs, 11. B. 
Iorris, R. Tungate, 
1orris 
Howell. On the 13th of Aug. they were joined by an immigrant party just 
arrived, consisting of A. G. For(lycc, wife and three children, J, Kennedy, 
Hugh Smith, Brice "\Vhitmore, Ira Arrowsmith, \Villiam Hodgkins, wife and 
three children, all of Iowa, and George Barnett of Illinois. Scraps of Southern, 
0,.. I/ist., in Ashland TidillflS, Sept. 27, 1878. 
B Hugh Smith and JOhll Gibbs were killed; 'Villiam Hodgkins, Brice \Vhit- 
man, A. G. For.lyce, and 1\1. B. :Morris wounded. 
9 Dllllcan',q Soutltern Or., :àIS., 8, says: 'The enraged populace began to 
slaughter right and left.' 
lartin Angell, from his own door, shot an Indian. 
(Jr. Statesman, Aug, 23, 1833. 
10 Grover's Pub. Life in O'J"., 
IS., 29; Or. Statesman, Aug. 23, 30, 1833. 



314 


ROGUE RIVER 'VAR. 


tain Goodall. By the 9th of August, both Nesmith 
and the Indian superintendent ,vere at Y oncalla. 
Fighters were plenty, but they ,vere without sub- 
sistence. Alden appointed a board of military conl- 
u1Ïssioners t.o constitute a general department of sup- 
ply.ll Learning that the Indians were in force near 
Table Rock, Alden pla.nned an attack for the night of 
the 11 th; but in the Inean time information canle that 
the Indians \vere in the valley killing and burning right 
and left. Without vV'aiting for officers or orders, a\vay 
rushetl the volunteers to the defence of their hOl11es, 
and for several days the white men scoured the 
country in slnall bands in pursuit of the foe. Sam, 
the \var chief of Rogue River, now approached the 
volunteer camp and offered battle. Alden, having 
once nlore collected his forces, made a nlovement on 
the 15th to dislodge the enemy, supposed to be en- 
calnped in a bushy cañon five miles north of Table 
Rock, but whom he found to have changed their po- 
sition to SOllle unkno\vn place of concealn1ent. Fol- 
lo\ving their trail ,vas exceedingly difficult, as thë 
sa \
ages had fired the \voods behind thenl, which ob- 
literated it, filled the atn10sphere with slnoke aud 
heat, and lnade progress dangerous. It was not until 
the morning of the 17th that Lieutenant Ely of the 
Y reka COlnpany discovered the Indians on Evnns 
Creek, ten miles north of their last enCall1pnlent. 
IIaving but t\venty-five Inen, and the main force hav- 
ing returned to Can1p Stuart for supplies, Ely fell 
back to an open piece of ground, crosseJ Ly creek 
channels lined ,vith bunches of willows, where, after 
sonding a lllessenger to headquarters for reënforce- 
rneuts, he halted. But before the other c0111panies 
could conle up, he ,vas discovered by Sam, who has- 
tened to attack him. 
Advancing along the gullies and behind the willo\vs, 
the Indians opened fire, killing t\VO nlen at the first 


11 George Dart, Ed ward Sheil, 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 n1Île 
a\vay, but the savages soon flanked and surrounded 
thenl. The fight continued for three and a half 
hours, Ely having four more nlen killed and four 
,vounded. 12 Goodall with the remainder of his COll1- 
pany then came up, and the Indians retreated. 


On the 21st, and before Alden ,vas ready to move, 
Lane arrived ,vith a small force froill Roseburg. 13 The 
cOllunand \vas tendered to Lane, \vho accepted it. 14 
A battalion uuder Ross ,vas now directed to pro- 
ceed up Evans Creek to a designated rendezvous, while 
t\yO companies, captains Goodall and Rhodes, under 
Alden ,vith Lane at their head, lnarched by the ,yay 
of Table Rock. The first day brought Alden's conl- 
Inand fifteen n1iles beyond Table Rock without hav- 
ing discovered the enemy; the second tlay they passed 
over a broken country enveloped in clouds of sluoke; 
the third day they lllade camp at the eastern base of 
a rocky ridge bet\veen Evans Creek and a small streaUl 
farther up Rogue River. On the morning of the fourth 
day scouts reported the Indian trail, and a road to it 
,vas Illade by cutting a passage for the horses through 
a thicket. 
Bet\veen nine and ten o'clock, Lane, riding in ad- 
vance along the trail ,vhieh here ,vas quite broad, 
IleaI'd a gun fired and distinguished voices. The 
troops ,vere halted on the sUlnn1Ît of the ridge, and 


12J. 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 
wounlle<.1. Or. Statesl/uw, 
ept. 6, 1833; S. Þ: Attlt, Aug. 28, 18.33. 
13 Accompanying Lane were Pleasant Armstrong of Yamhill county, James 
Cluggage, who hall Lt:cn to the Umpqua Valley to enlist if possible the 
h.lickitat Iuc.1ialls agaiust the Rogue Rivers, but without success, anù eleven 
others. See Lu'1lp';; AutobiographYI, 1\18., ü3. 
1-1 Curry had cOllllnissiuned Laue brigadier-general, and Nesmith, who had 
not yet anivcll, was hearer of the commission, but this was unknown to either 
Ahlcll or Lane at the time. Besiùes, Lane was a more experienced fielù-officer 
than Alden; but Capt. Cram, of the topographical engineers, subsequently 
blame(l Alden, as well as the volunteers, because the commancl was given to 
Lane, 'while Alùen, an army ofiicer, was there to take it.' U. S.ll. Ex. Doc., 
114, p. 41, 35th congo 2<.1 sess,; 11. Ex. Doc., i., pt ii. 42, 33d congo 1st sess. 



316 


ROGUE RIVER "\VAR. 


ordered to dismount in silence and tie their horses. 
'Vhen all 'v ere ready, Alden ,vith Goodall's COlllpany 
,vas directed to proceed on foot along the trail and 
attack the Indians in front, ,vhile Rhodes ,vith 'his 
111en took a ridge to the left to turn the enen1Y's flank, 
Lane \vaiting for the rear guard to C01l1e up, ,vhonl he 
intended to lead into action. 15 
The first intimation the Inùians had that they \vere 
discovered ,vas 'v hen Alden's conl111and fired into 
their camp. 
t\.lthough completely surprised, they 
Blade a vigorous resistance, their camp being forti- 
fieù \vith logs, and well supplied ,vith ammunition. 
To get at thelll it \vas necessary to charge through 
dense thickets, an operation both difficult and dan- 
gerous froln the opportunities offered of an an1- 
bush. Before J
ane brought up the rear, Alden 
had been severely ,vounded, the general finding hin} 
lying in the arms of a sergeant. Lane then led a 
charge in person, and ,,,hen ,vithin thirty yards of the 
enen)y, ,vas struck by a rifle-ball in his right arnl near 
the shoulder. 
In the afternoon, the Indians called out for a 
parley, and desired peace; ,vhereupon Lane ordered 
a suspension of firing, and sent Robert B. J\fetcalfe 
and James Bruce into their lines to learn 'v hat they 
had to say. Being told that their forlner friend, 
Lane, was in COlllll1and, they desired an illtervie,v, 
which was granted. 
On going into their camp, Lane found many 
wounded; and they 'vere burning their dead, as if 
fearful they would fall into the hands of the enen)y. 
He ,vas met by chief J 0, his nanlesake, and his.. 
brothers Sam and Jill1, ,vho told him their hearts 
were sick of ,val', and that they would 111eet him seycn 
days thereafter at Table Rock, \vhen they would give 


15 In this expedition, 'V. 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. 

Iosher had belonged to the 4th Ohio volunteers. Lane'8 Rtpt in U. S. 11. 
Ex. Doc. i., pt ii. 40, 33d congo 1st sess. 



ARl\1ISTICE. 


317 


up their arms, i6 make a treaty of peace, and place 
thelnselves under the protection of the Indian super- 
intendent, ,vho should be sent for to be present at the 
council. To this Lane agreed, taking a son of J 0 as 
hostage, and returning to the volunteer encan1pnlent 
at the place of dis1l10unting in the lllorning, where the 
,vounded were being cared for and the dead being 
buried. 17 
The Ross battalion arrived too late for the fight, 
and having had a toilsome rnarch were disappointed, 
and ,,'ollld have renewed the battle, but were restrained 
by Lane. Although for two days the camps ,vere 
,vithin four hundred yards of each other, the truce 
renlai
ed unbroken. During this interval the Indian 
'VOlnen brought water for the ,vounded white n1en; 
and \y hen the \vhite n1en moved to camp, the red men 
furnished bearers for their litters. I8 I find no men.. 
tion rnade of any such humane or christian conduct 
on the part of the superior ra.ce. 
On the 29th, both the white and red battalions 
llloved slo\v ly toward the valley, each wearing the 
appearance of confidence, though a strict \vatch ,vas 
covertly kept on both sides. 19 The Indians established 
thelnsel yes for the tilne on a high piece of ground 
directly opposite the perpendicular cliffs of Table 
Rock, \vhile Lane Inade his canlp in the valley, in 
plain vie\v froln the Indian position, and about one 
n1ile distant, on the spot where Fort Lane ,vas after- 
\\Tard 1 oca ted. 
16 They had III rifles and 86 pistols. 8. F. Alta, Sept. 4, 1853. 
Ii See Or. Statesman, Nov. 15, 1853. Among the slain was Pleasant Arm- 
strong, brother of the author of On>gon, a descriptive work from which I have 
sometimcs quoted. The latter saya that as soon as the troops were away the 
rcmains of his brother were exhumed, and being cut to pieces were left to the 
wolres. Armstron[)'.'1 07'" 52-3. John Scarborough and Isaac Bradley were 
also killcJ. The wounded were 5 in number, one of whom, Charles C. Abbe, 
afterward died of his wounùs. The Inùian loss was S killed and 20 wounùed. 
18 Lane's Autobiography, 1'1:S., 96-7. 
19 ,')'iskiyo1t County A.tfairs, :MS., 2, 4-5; ltfinto's Eady DallS, MS., 46; Gro- 
ver's Pub. Life, 
1S., 28-31; Brown's SalEm Dir., 1871, 33-5; Yreka 
[oun- 
tain ]le1'ald, Sept. 24, 1853; Or. Statesrnan, Oct. 11, 1833; U. S. /I. Ex. Doc., 
114, p. 41-2, 33th congo 2d sess.; Jaf'ksoltville Sentinel, July 1,1867; J[eteorol. 
Reg" 1833-4, 594; Ne8mith's ReminiðCf:llces, in 1'nUts. Ur. Pioneel' AS80., 1879, 
p. 44; Or. Statesman, Sept. 27, 1853. 



:318 


ROGUE RIVER \V AR. 


The armistice continued inviolate so far as con- 
cerned the volunteer arn1Y under Lane, and the Ind.- 
ians under SaID, J 0, and Jim. But hostilities \vere 
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 S:skiyou l\loun- 
tains. 20 
A council, prelimin
ry to a treaty, was held the 4th 
of September, \vhen lllore hostages ,vere given, and 
the next day Lane, ,vith Smith, Palmer, Grover, and 
others, visited the Rogue River canlp. The 8th ,,'as 
set for the treaty-n1aking. On that day the \vhite 
l11en presented themselves at the Indian encanlpn1cnt 
in good force and ,veIl armed. There had arri ved, be- 
sides, the cOlnpany from the WiHamette, with I{autz 
and his howitzer,21 all of which had its effect to obtain 
their consent to terlns 'v hich, although hard, the COll- 
dition of the \vhite settlers 111ade ilnperative,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 
alld shot them all. U. S. II. Ex. Doc., 9D, p. 4, 33<1 congo 1st sess. Ag".iu 
'Yilliams surprised a party of Imlians on Applegate Creek, and after inùuc- 
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 trce. It was au ob- 
ject of great terror to the Indians, and they begged not to have it tired. 
Úr. Statesman, Sept. 2i, 18.33. 
22 The treaty bounù the Indians to reside permanently in a place to be sct 
aside for them; to give up their fire-arms to the agpnt put over them, excelJt 
a few for hunting purposes, 17 guns in all; to payout of the sum receivcd for 
their lands indcmnity for property destroyed by them; to forfeit all their 
annuities should thcy go to war again against the settlers; to notify the 
agcnt of othcr tribes entering the valley with warlike intent, and assist in 
expelling them; to apply to the agent for redress whenever they suffered any 
grievanèes at the hands of the white people; to give up, in short, thcir cn- 
tire independence and become tbe wards of a government of which they kncw 
nothing. 
The treaty of sale of their lands, concluded on tl1e 10th, conveyed 
all the country claimed by them, which was bounded by a line beginning at 
a lJoint near the mouth of Applegate Creek, running southerly to the summit 
of the Siskiyou ß-1ountains, anù along the summits of the Siskiyou and Cas- 
cade mountains to the head waters of Rogue River, and down that stream to 
J limp Off Joe Creck, thence down said 
rcek to a point due north of, and 
thence to, the place of beginning-a temporary reservation being máde of 
ahout 100 square miles on the north side of Hogue niver, betwecn Table 
R(,.;k and Eval1s Creek, embracing but ten or twelye square miles of ar-.11Jle 



COUNCIL AND TREATY. 


319 


the conquered ,vholly in the po,ver of the conquer- 
ors, and in return for 'v hich they were to receive 
quasi benefits ,vhich they did not ,vant, could not 
understand, and \vere better off \vithout. A treaty 
,vas also nlade ,vith the CO\V Creek band of U mpquas, 
usually a quiet people, but a.ffected by contact ,vith 
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; $.3,000 of the remaining 84.3,000 to be expended in ag- 
ricultural implements, blankets, clothing, and other goods deemed by the sup. 
most conducive to the welfare of the Iudians, on or before the 1st day of 
September 1834, 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 hy the sup. to appraise them. 
The remaining $40,000 was to be paid in 16 equal annual instalments of 
$2,.300 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 $.300 each, which buildings should be put up as 
soon as practicable after the ratification of the treaty. 'Vhen the IndiaJJs 
should he removed to another permanent reserve, buildings of equal value 
should be erected for the chiefs, and $1.3,000 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 agr
ed 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 otTenùer 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 sufter 
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. Anù to prevent mischief being 
made by evil-disposed persons, the Indians were required to delÏ\Ter 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; 
amuel H. Culver, Indian agent; 
Apscrkahar (Jo), Toquahear (Sam), Anachaharah (Jim), John, and Lympe. 
The witnesses were Joseph Lane, Augustus V. Kautz, J. 'Yo .Nesmith, R, B. 
:Metcalf, John (interprcter), J. D. :Mason, and T. T. Tierney. Or. Stat-es- 
man, Sept. 27. 18,)3; Nesmith's nemini.
cencps, in Traus. Or, Pioneer As.';n., 
1879, 46; Portland ,rest Shore, 
Iay, 1879, 154-5; 8. J;
 Alta, Sept. 24, 18.33; 
Palmer's JVagon Trains, 
18., 50; Ind. Ajf. Rept, 18.36, 26.3-7; anù 186.3, 
469-71. 
23 Tþ.e 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 VV AR. 


On the whole, the people of Rogue River behaved 
very ,veIl after the treaty. The settlers and 111iners 
in the Illinois Valley about the middle of October be- 
ing troubled by incursions of the coast tribes, 'v ho had 
fled into the interior to escape the penalty of their 
depredations on the beach n1Ïners about Crescent City, 
Lieutenant R. C. W. Radford was sent from ]'ort 
Lane ,vith a small detachnlent to chastise then1. 
Finding then1 nlore nUlnerous than ,vas expected, 
Radford ,vas compelled to send for reënforcements, 
,vhich arriving under Lieutenant Caster on the 22d, 
a .three days' cbase over a mountainous country brought 
then1 up ,vith the nlarauders, ,vhen the troops had a 
skirrnish ,vith thein, killing ten or rnore, and captur- 
ing a considerable amount of property \vhich had been 
stolen, but losing t\VO men killed and four ,vounded. 
After this the n1iners hereabout took care of theul- 
selves; and nlade a treaty with that part of the Rogue 
River tribe, ,vhich ,vas observed until January 1854, 
,,,,hen a party of llliners from Sailor Diggings, in their 
pursuit of an unkno,vn 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 ,vas. ten)porarily restored. 


The Indian disturbances of 1853 in this part of Or- 
egon, according to the report of the secretary of ,var ,24 
cost the lives of more than a hundred ,vhite persons 
and several hundred Indians. The expense ,vas esti- 
nlated at $7,000 a day, or a total of $258,000, though 
the ,var lasted for little more than a nlonth, and there 
had been in the field only from 200 to 500 nlen. 
In addition to the actual direct expense of the ,var 


upon was $]2,000, 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. 

j U. S. H. Ex. Doc., i., pt ii. 43, 33d congo 1st sess. 



COST OF FIGHTING. 


321 


,va
 the loss by settlers, con1puted by a commission 
consisting of L. F. Grover, A. C. Gibbs, and G. H. 
Alnhrose 25 to be little less than $46,000. Of this 
aUlount $17,800, including payn1ent for the improve- 
ll1ents on the reserved lands, ,vas deducted fro1l1 the 
sunl paid to the Indians for their lands, 'v hich left 
only $29,000 to be paid by congreBs, ,vhich claiJns, 
together ,vith those of the volunteers, "\vere finally 
settled on that basis. 26 


25 Portland Oregonian, Dec. 30, 1854; U. S. H. Ex. Doc., 65, 43d congo 
2d sess. 
The names of the claimants on account of property destroyed, on which 
the 11lùian department paid a pro rata of 34.77 per cent out of the $15,000 
rptained from the treaty appropriation for that purpose, were as follows, 
showing who were doing business, had settled, or were nlining in the Rogue 
Ri,-er Valley at this period: Daniel and Ephraim Raymond, Clinton Barney, 
David Eyans, 
lartin Angell, 
Iichael Brennan, Albert B, Jennison, 'Villi am 
J. Kewton, \Vm Thompson, Henry Rowland, John 'V. Patrick, John R. 
Hardin, Pleasant 'V. Stone, Jeremiah Yarnel, \Vm S. King, Cram, Rogers& 
Co., Edith 
L Neckel, John :Benjamin, David 
. Birdseye, Lewis Rotherend, 
:Mary Ann Hodgkins, George H. C. Taylor, J Ollll 
larkley, Sigll1011d Eulinger, 
James C. Tolman, Henry Ham, 'Villiam .1\1. Elliott, Silas and Ed ward Day, 
James Triplett, Kathan B. Lane, John Agy, .James Bruce, James B. Fryer, 
'Vm G. P. Vank, Hall & Burpee, John Penneger, John E. Ross, John S. 
l\liller, D. Irwin, Burrell B. Griffin, Traveena :McComb, 'Vm N. Ballard, 
Freeman :--:mith, Nichola
 Kohensteill, Daniel F. :Fisher, Thomas D. Jewett, 
Syh-cster Pease, Daviù Hayhart, 
lcGreer, Drury & Runnels, James :Mooney, 
John Gheen, Theodosia Cameron, James Abrahams, Francis Nas
1Tett, Gal. 
ley & Oli,-er, T. B. Sanderson, Frederick Rosenstock, Dunn & Alluding, Asa 
G. Fordyce, Obadiah D. Harris, James L, Lon(.lon, Samuel Grubb, 'Vm 
Kahler, Hamuel 'Yilliams, Hiram Niday, John Anderson, Elias Huntington, 
Shertaek Ahrahams, Thomas Frazcll, 'Yeller & Rose, Robert B. Metcalf, 
Charles \Yilliams, John 8wilHlcll, James R. Davis, Isaac 'Voolen, 'Vm :U. 
Hughs. Of the settlers on the reseryation lands who brought claims were 
these: David E,-ans, :Matthew G. Kenneùy, John G. Cook, \Villiam Hutch- 
inson, Charles Grey, Robert B. :Metcalf, Jacob Gall, George H. C. Taylor, 
John l\I. Silcott, James Lesly. Report of Bupt Palmer, in U. S. H. Ex. Doc., 
52, p. 3-5, 38th con
. 2cl sess. 
HIST. OR., VOL. n. 21 



CHAPTER XIII. 


I.,EGISLATION, MINING, AND SETTLE
fENT. 
1853-1854. 


JOHN W. DAVIS AS GOVERNOR-LEGISLATIVE PROCEEDINGS-ApPROPRIATIONS 
BY CONGRESS-OREGO
 ACTS AND RESOLUTIONS-AFFAIRS ON THE UMP- 
QUA-LIGHT-HOUSE BUILDING-BEACH MINING-INDIAN DISTUREANCES- 
PALMER'S SUPERINTENDENCE-SETTLEMENT OF COOS BAy-EXPLORA- 
TIOl'S AND 1\10UNTAIN-CLIMBING-POLITICS OF THE PERIOD-THE QUES- 
TION OF STATE ORGANIZATION-THE PEOPLE NOT READy-HARD TE\lES- 
DECADENCE OF THE GOLD EpOCH-RISE OF FAHMING INTEREST-SOl\lE 
FIRST THINGS - AGRICULTURAL SOCIETIES - \V OOLEN lvlILLS-TELE- 
GRAPHS-RIVER AND OCEAK SHIPPING INTEREST AND DISASTERS-WARD 
MASSACRE-:MILITARY SITUATION. 


LATE in October 1853 intelligence ,vas received in 
Oregon of the appointment of John 'V. Davis of In- 
diana as governor of the territory.! He arrived very 
opportunely at Salem, on the 2d of December, just as 
the legis]ative assen1bly was about to convene. He 
brought \vith hin1 the forty thousand dollars appro- 
priated by congress for the erection of a capitol and 
penitentiary, ,vhich the legislature had been anxiously 
a\vaiting to apply to these purposes. Whether or 
not he was aware of the jealousy ,vith \vhich the la\y- 
nlaking 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 183!) 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 18.39. Or. Statesman, Oct. 25,1833; Id., Oct. II,18.:>9; 
Or. Argus, Oct. 15, 1859. 


(322) 



LEGISLATURE 1853-4. 


823 


refrained from overstepping the limits assigned hinl 
by the organic la,v. When infornled by a joint reso- 
lution of th
 assenlbly that they had c0l11pleted their 
orga.nization, 2 he sinlply replied that it ,,,ould afford 
hiln pleasure to conllnunicate fronl tilne to tin1e frolll 
the archives any inforrnation they might require. 
This ,vas a satisfactory beginning, and indicated a pol- 
icy fron1 ,vhich the fourth gubernatorial appointee 
found no occasion to depart during his adlninistra- 
tion. 
The Inoney being on hand, the next thing ,vas to 
spend it as quickly as possible,3,vhich the con1nlis- 
sioners had already begun to do, but 'v hich the legis- 
lature ,vas compelled to check 4 by appointing a ne,v 
penitentiary board, and altering the plans for the cap- 
itol building. A bill introduced at this session to rc- 
2 The members of the council elected for 18;")3-4 were L. p, Powers, of 
Clabmp; Ralph \Vilcox, of \Vashington; J. K. Kclly, of Clackamas; Benj. 
Simpson, of :Marion; John Richardson, of Yamhill; J. .
I. Fulkerson, of Polk. 
Those lwlding over were L. 'V. Phelps, A. L. Humphry, and Levi Scott. 
The house of representatives consisted of J. W. "Moffit, Z. C. Bishop, Robert 
T.ì.lompson, F. C. Cason, L. F. Carter, B. B. Jackson, L. F. Grover, J. C. 
Peebles, E. F. Colby. Orlando Humason, Andrew Shuck, A. B. 'Vesterfield, 
R. P. Boise, 'V. 
, Gilliam, I. N. Smith, Luther Elkins, J. A. Bennett, Benj. 
A. Chapman, H. G. Hadley, 'Vm J. l\Iartin, George H. Ambrose, John F. 
l\liller, A. A, Durham, L. S. Thompson, R Goff, Chauncey Nye. There was 
but one ,"vhig in the council, and four in the house. Or. Statesman, June 28, 
18;)3. Ralph \Vilcox was elected president of the council; Samuel B. Gar- 
re
t, of Bcnton, chief clerk; and A. B. P. 'Vood, 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. 1833 4, p. 4, 5. 
3 Half of the S
O,OOO appropriated for a state house, according to the com- 
missioners' report, was already expended on the foundations, the architect's 
pIau being to make an elegant building of stone, costing, at his estimate, 
$ï3,OOO. The land on which the foundation was laid was block 84 in the 
town of Salem, and was donated by 'V. H. 'Villson and wife, from the lam! 
which they succeeded in alienating from the methodist university lands, 
this being one way of enhancing the 'Talue of the remainder. The legislature 
ordered the superstructure to be maùe of wood. 
i The penitentiary commissioners had selected two blocks of land in Port- 
land, and had made some slight progress, expending $3,Goo of the $20,000 
aprropriateù, 'Yilliam 
1. King, president of the board, charged $10 per 
day as commissioner, and $3 more as acting commissioner. He speculated 
in lots, paying Lowns<lale $130 each for fOllr lots, on condition that two lots 
should bo gi'Tell to him, for which he received $300. 'In this way,' says the 
()r"wmian of Feb. 4, 18:'4, 'King has pocketed $92.3, Lownsdale $GOO, and 
Frush 

,800, of the penitentiary funù. Adù to this betwecn $1,100 and 
$1.
OO for his invaluable services for letting all the l)risoners rUll away, and 
we ha.ve a fair exhibit of finallciering under democratic misrule in Oregon.' 



324 LEGISLATIO
, :\IIXIXG, AND SETTLE
IENT. 


locate the seat of gOyernn1cnt Inay haye had So111e 
influence in deterluining the action of the asselubly 
,vith regard to the character of the edifice already in 
process of construction. It ,vas the entering ,vedge 
for another location ,var, nlore Litter and furious 
than the first, and \v hich Jid not culn1Ïnate uutil 
1855-6. The ulliversitv had not lllade so ll1uch aù- 
yanCenlent as the stat
 house and penitentiary, the 
appropriations for the forn1er being in land, \v hich had 
to be converted into 11loney. 5 


Relnembering the experiences of the past three 
year
, the legislative a
senlbly enacted a n1ilitia la\v 
conHtituting Oregon a ulilitary district, and requiring 
the appointu1ent by the governor of a brigadier-gen- 
eral, \v ho should hold office for three years, unless 

ooner renloved; and the choice at the ann ual election 
in each council district of one colonel, one lieutellant- 
colonel, and one Inajor, \vho shouillulpet at a conven- 
ient place, ,vithin three l11onths, and layoff their regi- 
luental Jistrict into cOlnpany districts, to contain as 
nearly as possible one hundred \v hite Inale adults be- 
t\vecn the ages of eighteen and forty-five years capa- 
ble of bearing arms, and \vho should appoint captains 
and lieutenants to each C0111pany district, the captain
 
to appoint sergeants and corporals. Con11nissions 
\vere to issue frOl11 the governor to all officers except 
sergeants and corporals, the tern1 of office to be t\VO 
yearB, unless prevented by unsoundne
s of 111ind or 
Lody, each officer to rank according to the date of 
his conlluission, the usual rules of nlilitary organiza- 
tion and government being incorporated into the act. 6 
In cOlnpliance \vith this la\v, Governor Davi8 appointed, 


5 The legislature of 1832-3 had authorized the commissioners to construct 
the unh-ersity building 'at the town of l\Iarysville, in the county of Benton, 
on such land as shall be donateù for that purpose by Joseph P. Friedly,' 
unless some better or more eligible situation shoulù be offereù. Or. State.'imnn, 
Feb. 3, 1833, The commissioners to select the two townships had only just 
completed their work. 
6 Ur. Jour. Council, 1833-4, 1I3, lIS, 12S; Laws of Or., in Ur. Statesman, 
Feb. 21, 18'>4; Ur. Jour. Council, 1854-5, app. 12, 1.3, 17. 



RAILROAD CHARTERS. 


f)O" 
"..,) 


in .L\pril1854, J. vV. N esn1ith, brigadier-general; E. 
f. 
Barnulll, adjutant-general; 1\1. 1\1. 
lcCarver, COln- 
nli
sary-general; and S. C. Drc,v, quarterlnaster-gen- 
era1. 7 .L\.n act ,vas also pas
ed proviJing for taking 
the ,yill of the people at the June election, concerning 
a eonstitutional convention, and the delegate ,vas in- 
structed to secure from congress an act enaLling thenl 
to for1n a state gOyernnlent. 8 But the people very 
sensibly concluded that they did not \van t to be a 
stat
 at present, a 111ajority of 869 being against the 
Hleasure; nor did congress think ,veIl of it, the slavery 
question as usual exercising its influence, and although 
Lane said that Oregon had 60,000 population, \vhich. 
,va
 an exaggeration. 

rhc doi;}'gs of the alcaldes of Jackson county as 
justices of the peace \vere legalized; for up to the 
tin18 of the appearance of a United States judge in 
that county the adnlinistration of justice had been 
irregular, and often extraordinary, nlaking the per- 
sons engaged in it liable to prosecution for illegal 
proceedings, and the j udglIlents of the miners' courts 
voi<.l.9 The business of the session, taken all in all, 
,vas uninlportant. 10 VV orthy of renlark \vas the char- 
. 7 At the June election, Washington county chose J. L. 
Jeek col, R. 1\1. 
Porter lieut-col, John Pool maj.; Yamhill, .J, 'V. 
Ioffit col, 'V. Starr 
lieut-col, J. ....\. Campbell maj.; :i\1arion, Oeorge K. Rheil col, John 
IcCrackcn 
lieut-col, J. C. Gecr maj.; Clackamas, \V. A. Cason col, Thos 'Vaterhury 
lieut-col, 'V. B. 
Iagers maj.; Linn, L. S. Helm col, N, G. :\IcDonald 
lieut-col, Isaac N. 
mith maj.-; Douglas, 'V. J. :\Iartin col, J. 8. Lane lieut- 
col, D. Barnes maj.; Coos, Steplwn Davis col, C. Gunning lieut-col, Hugh 
O'Xeil maj, OJ.. Strtlf'Sma17, June 1:
, 20, '27, 1834. Polk and Tillamook coun- 
ties elcctcd J. K. Delashmutt cot B. .F. 
IcLellch lieut-col, B. F. Burch maj.; 
:Bcnton amI Lane, J. KCl1l1all cot JacolJ Allelllieut-col, \Villialll Girllmaj.; 
Jackson, .John E, Ross col, 'V'll1 
T. Newton licnt-co!. James H, Russell maj. 
U,.. S'a.'(J,'wzan, July 1, 18'>4. OJ". Joltr, Council, 18,::;7-8, App. 37. 

 LruC8 (
f Ur., in UJ". Sta.Ü.'iman, Feb. 7, 1834; Cony. Globe, vol. 28, pt 
ii. 1117 -8, :
2( I congo 1st sess, 
9 Ur. Joltr, Council
 18,")3-4,50; Or, SfafNI711Ctn, JaIl. Ii, 1834. The former 
alcaL1es wcrc J olm A. Hardin, U. S. Hayden, Chauncey N ye, Clark Rogers, 
ana "..., 'V. }'mder. Lmcs of (h' P [/Ol1, in Ur. Sfafn;;mau, .Tan. 17, 18'>4. 
Anl1 this, notwithstanding }'owler had scntenced one Brown to be hanged 
for murùer. Pri,n:.<; Judirial Anecdotes, 1\18., 10. The first term of the U. S. 
district court hclù by J uùge Deady began Sept. 5, 1833. 
10 Coos, Colum hia, and \\... asco counties were establisherl. The name of 
Marysvitle was changed to Con-allis. Rogue River haa its name changed 
to Cold River, and Cré1\'C Creek to Leland Crcek; but such is the force of 
custolll, thesc changes were not regarùcd, and the next legislature changed 



326 LEGISLATION, 
IINING, AND SETTLE:\lENT. 
tering of four railroad cOlnpanies, only one of ,vhich 
took any steps to,vard carrying out the declared inten- 
tions of the con1pany. In the case of the 'Vill::unette 
Valley Railroad COll1pany, the c0111111issioners held 
one Ineeting at Thorp's lnills, in Polk county, and 
appointed days for receiving subscriptions in each 
of the counties. But the tinle ,vas not yet ripe for 
railroads, and this telnpOral'Y enthusiaslll seeIllS to 
have been aroused by the Pacific railroad survey, then 
in progress in the north-west territory of the United 
S ta tes. l1 
The success of the Oregon delegates in securing 
appropriations led the asseIubly to ask for money froln 
tho general governlnellt for" every conceivable pur- 
pu
e," as their 111entor, the Statesn"ian, relninded thelll, 
and for ,vhich it reproved them. Yet the greater part 
of these applications found favor ,vith congress, either 
through their o,vn lnerits or the address of the dele- 
the name of Gold River back to Rogue River. The methodists incorporated 
Santiam Academy at Lebanon, in Linn county, Portland Academy and Fe- 
male Seminary at Portland, and Corvallis Academy at Corvallis. The pres- 
byterians 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 Créole, 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, anù many granted, and the Umpqua Navigation and 
lanu- 
factul'ing 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 
utiliæ the water-power at the falls for mills and manufactories. The com- 
pany consisted of Robert J. Ladd, J. 'V. Drew, R. E. Stratton, Benjamin 
Brattan, and F. 'V. 
Icrritt; but nothing came of it, the navigation of the 
river being impracticable. None of the plans for making Scottsburg 30 
manufacturing town at this time, or down to the present, succeeded. Au 
appropriation for the improvement of the rh.er abo\.e that place was indeed 
secureù from congress allll applied to that purpose a few years later, so far 
that a small steanier built for a low stage of water made one trip to \Vin- 
chester. The Umrqua 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 ISGl-2 
it carried away the mills and most of the valuable improvements at the lower 
town, which were not rebuilt. 
II The \Villamette Valley railroad was to have been built on the west side 
of the yalley. The commissioners were Fred. \Vaymire, John Thorp, amI 
1\Iartin L. ]
arher. Or. Stcdetnna1l, April 2:>, 1854. The first railroad pro- 
jected in Oregon was from St Helen, on the Columbia, to Lafayette, the 
idea lleing put forth by H. l\1. Knighton, original owner of the former prac
, 
mIll CrosLy anù Smith, owners of 1\lilton town site. See VI". Spectator, Apnl 
17 J 1831. 



APPROPRIATIOXS. 


327 


gate in adyocating them. The principal approprIa- 
tions no\v obtained \vere the SUlll before 111entioned 
fur paying the expenses of the Rogue River ,var; 
$10,000 to continue the nlilitary road fro111 l\Iyrtle 
Creek to Scottsburg; "and $10,000 in addition to a 
furnler appropriation of $15,000 to construct a light- 
hou
e at the 1110uth of the U 111pqua, ,vith 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 Congo Globe, 1833-4, 2249. This work, which had been commenced 
on the Oregon coast in 1833, was delayed by the loss of the bark Uriole 
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 
{'rcet the light-house at Cape Disappointment. The wind failing, on the 
cbh of the tide the Oriole drifted among the breakers, and on account of the 
stone and other hea\-y cargo in her hold, was quickly broken up. The 
crew and twenty workman, with the contractor, F. X. Kelley, a
HI the bar- 
pilot, Capt. Flavel, escape(l 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 Luild the mueh 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 1834. In 1856 the light-house at Cape Disap- 
pointment was completed. Its first keeper was John Boyd, a native of 
1\Iaine, who came to Or. in 1833, and was injured in the explosion of the Ga- 
'Zelle. He married 1\Iiss Olivia A. Johnson, also of l\Iaine, in 18.')9. They 
had four children. Boyd died Sept. 10, 1863, at the Cape. Portland 01'ego- 
niall, Sept. 18, 1863. The accounting officer of the treasury was authorized 
to adjust the expenses of the commissioners appointed by the tel'. assembly 
to pl"epare a code of laws, and of collecting anù printing the laws and archives 
of the provo govt, U. S. IJollse Jow'" 7
3, 33d congo 1st sess; Congo Globe, 
1833-4, app. 2322. The laws anù archives of the provisional government, 
compiled by L. F. Grover, were printed at Salem by ...\.sahel Bush, The 
code was sent to New York to be printed. The salaries of the ter. juùges 
and the sec. were increased $500 each, and the services of Geo. L. CUlTY, 
while acting governor, were computed the same as if be bad been gov- 
ernor. The legislative and other contingent expenses of the tel'. amounted 
to :::;3
,000, besides those of the surv.-gen. office, Ind. dep., mil. dep., and 
mail service. The expenses of the gO\yt, llOt incluùed ill those paid by 
the U. S., amounted for the fiscal year ending Dec. 1833 to only 
3,339,34; 
aud the public debt to no more than 8833.37. 01'. Stalesm,an, Dec. 20, 1853; 
Or, JOllrnal Conncil, 1833-4, p. 14;3-3; Portland Oregonian, Jan. 27, 1834. 
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 $1,300; 
and a deputy at each port of delivery at $1,000 a year; besides gauger, weigh- 
er, and measurer, at 86 a day, amI an inspector at $ t Congo Globe, vol. ;31, 
app. 384, :33d cong, 2d sess. The port of entry for the district of Cape Per- 
petu3. was fixed at Gardiner, on the Umpqua Ri\?er. 1\Iore vessels entered 
the Columbia than all the other ports tog(,ther. From Sept. I, 1833, to July 
13, 18,')4, inclusÏ\ye, there were 179 arrivals at the port of Astoria, all from 
. 
F. except one froUl Coos Bay, two from Xew York, and one from London. 
The London vessel brought gooùs for the Huùson's Bay Company, the only 



228 LEGISLATION, !\IINING, AKD SETTLE),[ENT. 


N ext to the paYll1ent of the war debt ,vas the 
dernand for a more efficient Inail service. The peo- 
ple of the 'Villanlette Valley still conlplained that 
their nlails ,vere left at Astoria, and that at the best 
they had no lllore than t,vo a lTIonth. In 'southern 
Oregon it ,vas still ,vorse; and again the citizens of 
U 111pq ua l11emorialized congress on this vexatious sub- 
ject. It \vas represented that the valleys of southern 
Oregon and northern California contained SOlne 30,000 
inhabitants, ,vho obtained their lnerchandise frolH 
U lnpqua harbor, and that it \vas in1peratively neces- 
sary that nlail COlnll1Unication should be established 
bet,veen San Francisco and these valleys. Their pe- 
tition ,vas so brought before congress that an act ,vas 
passed providing for the delivery of the 111ails at aU' 
the ports along the coast, froln HUDlboldt Bay to 
Port To\vnsend and OlYlnpia, and $125,000 appropri- 
ated for the service. 13 Houses ,vere built, a ne\vspa- 
peru ,vas 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. l\'fost of these vessels carried 
lumber, the number of feet exported being 22,5G7,000. Or. Statesman, Aug. 
. 1, 18.34. The direct appropriations asked for and obtaine{l at the 2d sess. of 
this congo were for the creation of a new land district in southern Or. called 
the Umpqua district, to distinguish it from the 'Villamette district, with an 
office at such point as the president might direct, Zabriskie Lcwd Lfl1{,"
, ();j6; 
COllY, Globe, vol. 31, app. 380, 3:
J congo 2<.1 sess., the appropriation of $-!O,- 
000 to complete the penitentiary at Portland, $
7,000 to complete the state 
house at Salem, and $30,000 to construct the military road from Salem to 
Astoria, marked out in 18.jO by Samuel Culver and Lieut 'Vood of the 
mounted rit1es. 01". State8man, Oct. 3, 1830. The military road to Astoria 
was partly constructed in 18;).'), under the direction of Lieut Derby. Money 
failing, a further appropriation of $1.\000 was applied, and still the road re- 
mained practically useless. The appropriation of $:
O,OOO for a light-ho.use at 
the Umpqua was also expended hy government officers in 18,")7. The towcr 
',,-as 103 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 hy 
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 
ro<ul that could be travelled hy wagons being opened by the people at thcir 
own expense. 
13 lJ. 8. J I. Jour" 
37, 38R, 411, 516,536,063, 33d congo 1st sess.; U. S. Il. 
Ex. Doc., i. pt ii. G15, G
-l, 701, 3:
{1 congo 2(1 sess. 
B By D. J. Lyon, at Scottsburg, called the Umpqua Gazette. It was first 
issne,1 ill April 18.'}4, amI its printer was 'Villiam J. Beggs. In Nov. IS.3...., 
G. D. It. Boyd purchased a half-interest, and later remo"ed the material to 
J acl,:sol1ville where the publication of the Table Rock Sen,tinel was begun in 



BEACH GOLD 
IINIXG. 


229 


in the sunl111er of 1854, as after the efforts of Thurs- 
ton, the Pacific 
fail Stealllship C01l1pany n1ade a 
spas!11odic pretence of keeping their contract, \"hich 
,vas soon again abandoned out of fear of the Ull1pqua 
bar,t5 and this abandonn1ent, together ,vith the suc- 
cessful rivalry of the road fronl Crescent City to the 
Rogue I
iver Valley, and the final destruction of the 
Scottsburg road by the extraordinary storins of18Gl-2, 
terininat
d in a fe\v years the business of the U Inp- 
qua, except such lumbering and fishing as ,vere after- 
,vard carried on belo\y 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 thosé sudden 111igra- 
tions of the lllÍlling population expressively tern1ed a 
'rush.' The first di
covery ,vas nlaJe by sonle half- 
breeds in 1852 at the lllouth of a creek a fe\v nlÎles 
north of the Coquille, near \vhere Randolph appears 
on the Inap.16 The gold \vas exceedingly fine, the use 
of a n1Ïcroscope being often necessary to detect it; yet 
when saved, by arnalgalllation with nlercury, \vas 


Nov. 183j, by \V. G. T'Vault, Taylor, and Blakesly, with Beggs as printer. 
Or, Slale.'nJutJi, Dcc. 8, 1833; {Jr. ATOus, Dec. 8, lS33. Thenamewaschanged 
to that of OregonS('ntinf'l in 1837. lei., July 23,18.')7. 1>. J. Lyons was born 
in Cork, Ireland, in 1813, his family being in the middle rank of life, and 
connecÎ.,etl \\ ith the political troubles of 1798. His father emigrated to Ken- 
tucky in 1818. Young Lyons lost his sight in his boyhooù, but was well edu- 
cate(l hy tutors, and being of a musical and literary turn of mind, wrote 
songs faHhionable in thc circle in which George D. I>rcntice, Ellmund Flagg, 
and .\melia \Velhy were prominent. Lyons was connectcd with se,-erallight 
literary publications before coming to Uregon. He had married Virginia A. 
Putnam, daughter of Joseph Putnam of Lexington, with whom hc emigrated 
to Orc
on in 18.');
, settling at Scottsburg, wbere he rcsided nearly 30 years, 
remO\'ing afterward to ::\Ial'shfield, on Coos Bay. Bcggs was a brilliant writer 
on politics, but of dissipated habits. He married a :Miss Beebe of Salem, 
awl deserteJ her. He ran it hrief career, dying in misery in K ew Y ol'k City. 
Ij The whole coast was little understootl, and unimproved as to harbors. 
The Anita was lost at Port Orford in Oct. 18.')2. Three vessels, the J. J/f7"i- 
thrl(', ..
Ie"dor[(" and ramlalia, were wrecked at the mouth of the Columbia 
ill Jan. 183:3. Capt. E. H. Bearù of the Vandalia, who was from Baltimore, 
Md., was drowned. 
16
. So 
Iann says that the half-breeds sohl their claim to l\IcNamara 
Brothers for :-\
O,OOO. Sdtlemcl1t of Coos Bay, l\IS., 14. Armstrong, in his 
OreuoJl, Gü, claims that his brother discovered gold on the be:1ch at the 
Coquillc in IS-l
, hcing driven in there in a schooner by a storm, while on his 
way to 
all .Francisco. 



330 LEGISLATION, 
lINING, AND SETTLE
lENT. 


found to be in paying quantities. The sand in \vhich 
it ,vas found existed not only on the lTIodern beach, 
but on the upper Coquille, forty miles in the interior, 
at a place kno\vn as Johnson Diggings; but the prin- 
cipal deposits \vere fron1 the Coquille River south 
along the recent beach to the California line. 17 
A lnining to\vn called Elizabeth sprung up during 
the sun1n1er about thirty 111iles south of Port Orford, 
and another seven miles north of the Coquille, called 
Randolph City. IS The latter nan1e may still be found 
on the ulaps, but the to\vn has passeù out of ex- 
istence \vith hundreds of others. For, although the 
returns froln 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 nliners back to the 
placer diggings of the interior, leaving a few of the 
less in1patient to further but stil1 futile efforts. 
The natives living at the n10uth of the Coquille 
questioned the right of the ,vhite lIlen 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, \vent to their village, killed 
fifteen Inen, and took prisoners the \VOlnen and chil- 
dren. Seeing \vhich, the chiefs of other villages \vere 
Ii 'The deposit where the gold was found is an ancient beach, 1 
 miles east 
or hack 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 siùe 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 
oyergrown with a ùense forest, anù trees of great size are found in the black 
sand) in a good state of preservation, which proves that there the Leach 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 EfJso'llrces of Coos 
County, 31. See also Van rpramp'8 Adventures, 154-5; ArrnstrOllfl'.') Or., G4- 
5, 57-Ð; Darid.'ion','3 Coa.çt Pilot, 119; IIarptr's .11Icnthly, xiii. 
Ð4-5; S, F. 
Com. Arlverti,c r, Feb. 23, 1854; Taylor's Spec. P'l.ess, 584; Cram's 'Pop. 
}.[em..37. 'V. P. Blake, in Silliman's Jou'J'11ftl, vol. 20, 74, says: 'Gold is 
found in the beach sand from the surface to the (lepth of 6 feet or more; it is 
in yery small thin scales, and separates from the blaek sand with difficulty. 
Platinum and the associate metals, iridosmine, etc., are found ,vith the gold 
in large quantities, amI as they cannot he separated from the gold by washing, 
its value in the market is considerably lessened.' 
18 Parrish, in Ind. Atf. Rept, 18.34, 268-75, 288; S. F. Alta, June 5, 6, 
July 15, and Aug. I G, 18G4. 



COOS BAY CO:\IP_\NY. 


331 


glad to 111akü peace on any ternls, and keep it until 
driven again to desperation. 19 
Superintendent Paln1er, in the spring of 1854, began 
a round of visits to his sayage ,yards, going by the 
,yay of the Rogue River 'Talley 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 Parri
h 
\vith presents to effect a conciliation. 20 


Pron1Ïnent among lnatters gro\\Ting out of beach 
nlÏning, next after the Indian difficulties, \vas the 
l!10re perfect exploration of the Coos Bay country, 
,vhich resulted fron1 the passing back and forth of 
supply trains bet\veen the U
npqua and the Coquille 
rivers. In l\lay 1853, Perry B. l\Iarple,21 after hav- 
ing exalnined the valley of the Coquille, and found 
,vhat he believed to be a practicable route fron1 Coos 
Bay to the interior,22 formed an association of t\venty 
nlcn called the Coos Bay COIl1pany, \vith stock to be 
divided into one hundred shares, five shares to each 
joint proprietor,23 and each proprietor being bound to 


19lndian Agent F. ::\1. Smith, after due investigation, pronounced the kill. 
ing an unjustifiable massacre. U. 8. H. Ex. Doc. 76, 268-71, 34th congo :3d 
sess. 
2('See Parri.<.:h's Or. Ane('dotes, 
lS., passim; lnd, Aff. Rept, 18.34, 254-66. 
21 He was an eccentric genius, a great talker, of whom his comraùes used 
to say that he 'came within an ace of being a Patrick Henry, but just missing 
it, misseù 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 Deaùy's observations on disbarring him: 'I have lon
 since 
ceased to rpO;1rtl anything you as<;ert. All yonI' aeb show a (bgrpe of mental 
anli . moral obliquity which renders you incapable of discriminating between 
trutll amI falsehood or right and wrong. You ha,.e no capacity for the practif>e 
of law, and ill that profession you will ever prove a curse to yourself anù to the 
community. For these reasons, and altogether o'
erlooking the present alle- 
gations of unprofessional conduct, it would be an act of mercy to strike your 
name from the roll of attorneys.' :\larple ,vent to the Florpnce mines in 
eastcnl Oregon on the outbreak of the excitement of 18ßl, and there died of 
consumption in the autumn of 1862. Or. State.
man, Dec. 8, 1862, and Jan. 
12, 18G
. 
22 The first settlement was made on Coos Bay in the summcr of 1853, and 
a l)acker named Sherman took a provision train over the mountains from 
Grave Creek hy a practicable route. He reported discoveries of coal. Or. 
Statesman, June 28, 1833. 
2:j The proprietors were Perry TI. :\Iarple, James C. Tolman, Rollin L. Bel- 
knap, Solomon Bowermaster, Joseph H. .McVay, J. Â.. J. 
lcVaYJ "\Vm H. 



332 LEGISLATION, l\IIXI
G, AXD SETTLE)IENT. 


proceed \vithout delay to lucate in a legal fornl all the 
land necessary to secure to\Vll sites, coal 111ines, and 
all iluportant points \vhatsoever to the cOlI1pany. If 
upon due consideration any 011e ,,
i
hed to \vithdra\v 
frolll the undertaking he \vas bound to hold his clairn 
until a substitute could be provided. Each person 
reillaining in the conlpany agreed to pay the SU111 
of fh
e hundred dollars to the founder, from \Vh0111 
he \vould receive a certificate entitling hiln to one 
t\ventieth of the \vhole interest, suLject tQ the regu- 
lations of the cOlnpany, the projector of the enterprise 
being bound on his part to reveal to the cOlnpany all 
the advantageous positions upon the bay or on Co- 
quille river, and throughout the country, and to re- 
linquish to the cOlnpany his selections of land, the 
treasures he had discovered, both upon the earth or 
in it, and especially the stone-coal deposits by hinl 
found. 24 
The rnelnbers of the cOlnpany seelned 'satisfied \vith 
the project, and lost no tinle in seizing upon the ya,- 
rious positions supposed to be valuable. EIDpire City 
,vas taken up as a to\vn site about the tilDe the C0111pany 
,vas forlned,23 and later l\Iarshfield,26 and the affairs of 


Harris, F. G. Lockhart, C. 'V. Johnson, A. P. Gaskell, 'V. H. Jackson, Presly 
G. \Yilhite, A. P. De Cuis, David Rohren, Charles Pearce, .Matthias 
I. 
Learn, Henry A. Stark. Charles H. Haskell, Joseph Lane, S. K. Temple. 
Artirles of Indenture of the Coo.,: Bay Company, in Oregonian, Jan. 7, 1834; 
Gibbi .Kotes on Or. lli.<;t., 1\lS., 15. 
2! .Articles of Indenture of tlte C008 Bay Company, in Oregonian, Jan. 7, 
1854. See S. F. Alta, Jan. 3, 1834. 
25 Empirc City had (in 18,')5) some thirty board houses, and a half-finished 
wharf. Van rpramp'8 Adveuturr.<.:, IGO. 
26 I am informed by old rcsidents of 1\'Iarshfield that this was the claim of 
J. C. Tolman, who was associated in it with A. J. Davis. Thc usual confu- 
sion as to titlcs ensucd. Tolman was forced to leave thc place on account of 
his wife's health, and put a man named Chapman in charge. Davis, ha\"Ìng 
to go away, put a man named \\
 arwick in charge of his half of the town site. 
Subsequcntly Davis bought one half of Tolman's half, but having another 
claim, allowed 'Yanvick to entcr the :Marshfield claim for him. in his own 
name, though according to the land law hc could not enter land for town-site 
l)urposes. \Yarwick, however, ill some way obtained a patent, and sold the 
claim to H. H. Luce, wh03e 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 'Yarwick had never 
had any. Lucc held possession, however. The rcmaining portio
l of. Tollllal
's 
balf of the town site was sold to a man named Hatch, whose claIm IS not dIS- 
puted. 



COOS BAY COAL. 


333 


the C0l11pany prospered. In January 1854, the ship 
DCìuar's Core froIH San Francisco entereJ Coos Bay 
,yith a stock of goods, bringing al
o SOUle settler
 and 
lllillers, and in the saIne nlonth the Louisiana, Cap- 
tain "Tilliall1s, froln Portland took a cargo into Coos 
Bay for Northup & Silnonds of that t(HYll, ,,
ho 
establil::;heJ a branch bUl::;iness at Enlpire City,27 
Northup acco111panying the cargo and settling at 
that place. 28 
Coal \vas first shipped frOin 
he N e,vport 111ine in 
April 1855,29 and in 1856 a steam-ve
sel called the 
.l,-rea'J)Q}'t, the first to enter this harbor, \vas enlployed 
in carrying cargoes to San Francisco,30 and the saIne 
year t,YO steaul sa\v-n1Îlls ,vere in operp.tion ,yith 
27 In a letter written by Northup to his partner, and published in the OJ"e- 
floniau of April 22, 1854, he tells of the progress of affairs. They had soundell 
the bay and fouml from 12 to 30 feet of ,vater. The land was level and tim- 
Lered:lmt not hard to clear. The Coquille was 'one of the prettiest rivers' 
e"cr r:-een. 
1r 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 
l
lHlolph mines. :l\Iachinery for a steamer was also coming. The" hole of 
southern Oregon was to be connected with Coos Bay. The miners were 
doing well, and husiness was gooù. 

", Xelson Xorthup, a pioneer of Portland, who came to the place in 1831, 
and soon after formed the firm of Northup & Simonùs, well known merchants 
of those Jays. In 1834 they disposed of their business to E, J. :Korthup 
and J. )1. Blossom. and removed to Coos Bay, taking into that fort the sec- 
ond yessel from Portland. :K orthup remained at Coos Bay seyeral years, 
and in the mean time opened up, at great expense, the first coal mines in that 
locality, now so famcd in that respect. He died at the residence of his son 
E. J. Northup, in the 63th year of his age, on the 3ù of July, 1874.' Port- 
l'wd Úreyoni(w, July 4, IS74. 
29 8. P. 
llta" )Iay 4, 6, 12, June 28, and Oct. 7, 18.34; Or. Statesman, 
:May I:?, lð34. 
30 tHle was a small craft, formerly the Hartford. Her engines were after- 
ward transfcrred to a small teak-wood schooner, which was christened Th.e 
F(Jarl(',..:.
, and was the first anù for many years the only tug-boat 011 the bay. 

he was finally lost near Coos Head. A story has been told to this cffect: 
By one of the early trips of the 
Ye1l'p01.t an ordcr was sent to Estell, hcr 
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. RO far as to let them slip occasionally, On the return of the J..Yewport, 
a crowd of forty hard cases appeared upon her deck. A few only were re- 
quire(l at the mine, and the remainder dropped ashore at Empirc City. The 
unsuspecting citizens scanned them curiously, and then retired to their 
domiciles. But consternation S0011 prevailed. lIen-roosts wcre despoileJ 
and clothes-lines stripped of gracefully pendent garmcnts. Anything and 
eyerything of value began to ùisappear in a mysterious manner. The 
people b('gan to suspect, and to 'go for' the strangers, ,,110 were strongly 
urged to emigrate. The touching recollections connected with this gan
 led 
the citizens always after to speak- of them as the Forty Thieves. Coos Bay 
Settlemcut, 10, 11. 



334 LEGISLATION, l\IIXIXG, AND SETTLE:\lENT. 
frOITI three to five vessels loadino- at a tilne \vith ]U111- 
ð 
Ler and coal, since \vhich period coal-n1iniu cr , 1l1l11ber- 
ing, and ship-building have been carried ;n at this 
point \vithout interruption. Railroads \vere early 
projected, and many ,vho first engaged in the dcyeI- 
opnlent 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 dro\vned in the spring 
of 1854, \vhile attelTIpting ,vith five others to go out 
in a sInall boat to SOUle vessels lying off the bar. 32 
Several of the U Inpqua COlnpany, after. the failure of 
that enterprise, settled at Coos Bay, prominent among 
'Vh0111 ,vas S. S. l\fann, author of a panlphlet on the 
early settleulent of that region, elnbel1ished \vith an- 
ecdotes of the pioneers, 'v hich ,vill be of interpst to 
their descendants. 33 
Any ne\v discovery sti111ulated the c01l1petitive 
spirit of search in other directions. Siusla\v River 
,vas explored \vith a vie\v to determining ,vhether the 


81 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 antI 
on The Sixes in a similar way. Later, he became associated in the partner- 
s!ìÏp of the Newport coal mine, where his skill and expérience added largely 
to its success. 
32 Stark was a native of New York, emigrated to Cat in 1849, thence to 
Or. in Hmo. He was a land claimant for the company at Coos Bay, as well 
as a shareholder. John Duhy, a native of New York, emigrated to the S, I. 
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 \Villters was horn in Penn., anù came to Or. through 
Cal. Alvin Brooks, born in Vt, came to Or. in 1831. John :Mitchell of New 
York, a sailor, came to Or. ill 1831. Portland Oregonian, l\lareh 2;', 1834; S. 
F. Altn, :March 22, 1834. 
33 Coos Bny Settlement, 18. This pamphlet of 25 pages is made up of 
scraps of pioneer hi
tory written for the C008 Bay ill ail, by S. S. l\fann, after- 
ward republished in this form by the l11ail 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. l\lann mentions the names of T. D, ""'Inch ester, H. H, Luse, A. 
f. 
Simpson, John Pershbaker, Jam
s Aiken, Dr Foley, Curtis Noble, A, J. 
Davis, P. Flanagan, Amos and Anson Rogers, H. P. 'Vhitney, 'V. D. L. F. 
Smith, David Holland, I. Hacker, IL F. Ross, Y okam, Lan:lreth, HOll
f)n, 
Collver, Bogue, 
Iiller, :l\IcKllight, Dryden, Hirst, Kenyon, Nasburg, Coon, 
:l\1orse, Cammann, Buckhorn, and De Cussans, not already mentionefl 
among the original proprietors of the Coos Bay Company; amI also the names 
of Perry, Leghnherr, Rowell, Dement, Harris, Schroeder, Grant, and Ham. 
Llock, among the early settlers of Coquille Valley. 



ROAD EXPLORATIO
S. 


33.'5 


course of the ri \yer \vas such that a practicable COll1- 
111unication could be obtained bet\veen it and the 
Dlnpqua through Slnith River,34 a northern branch 
of the Siusla\v. The exploration was conducted by 
N. Schofield. The object of the opening of the 
proposed route ,vas to make a road fron1 the VViI13- 
111ette "'T" alley to the U n1pqua, over \vhich the products 
of the valley rnight be brought to Scottsburg, at the 
saIne tin1e avoiding the most difficult portion of the 
mountains. But nature had interposed so nlany ob- 
stacles; the strearllS \vere so rapid and rocky; the 
lllountains sa rough and heavily tin1bered; the valleys, 
though rich, so narro\v, and filled ,vith tangled gro\,yths 
of tough vine-maple and other shrubby trees, that 
any road fron1 the coast to the interior could not but 
be costly to build and keep in repair. The Siusla \v 
exploration, therefore, resulted in nothing nlore ben- 
eficial than the acquisition of additional kno\vledge of 
the resources of the country in tilnber, water-po,,"er, 
and soil, all of ,vhich were exceHent in the valley of 
the Siu
la\v. 
Other explorations were at the same tilDe being 
carried on. A trail was opened across the Inountains 
frotn Rogue River Valley to Crescent City, \yhich 
cOlnpeted ,vith the Scottsburg road for the business 
of the interior, and became the route used by the go v- 
ernluent troops in getting from the seaboard to Jj-'ort 
Lane. 35 Gold-hunting \vas at the san1e time prose- 
cuted in every part of the territory \vith varying 
success, of \v hich I shall speak in another place. 36 
S-I 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 
N orthzæst Coast. 
s.; Deady's Hist. Or., MS., 2.3. . 
36 :Mount Hood, Indian name Wiyeast, was ascended in August 18.34. for 
the first time, by a party consisting of T. J. Dryer of the Orr[Jonian, G. U. 
Haller, Olney, 'VeIls Lake, and Travillot, a French seaman. Dryer ascendetl 
:Mount St Helen, Loowit LetHa, the previous summer, and promised to climb 
:Mounts Jefferson, Phato, and the Three Sisters at some future time. He 
as?ertained the fact that Hood ancl St Helen were expiring volcanoes, which 
still emitted smoke and ashes from vents near their summits. Uj"c[Jonian, 
Feb. 2.3 and Aug. I!), 18.34. The first ascent of 
roullt Jefferson was m:1.de 
by P. Loony, John Allphin, 'Villiam Tullbright, John 'Yalker, anù E. L. 



336 LEGISLATIO
, l\IINIXG, AND SETTLE
IENT. 


The politics of 1854 turned 11lainly on the question 
of a sta te constitution, though the election in J nne 
revealed the fact that the den1ocracy, \y hile still in 
the a

endant, \vere losing a little ground to the '\' higs, 
and chiefly in the southern portion of the territory. 
Of the three prosecuting attorneys elected, one, P. P. 
Priln,37 ,vas a ,yhig, and ,vas chosen in the 3d di
tri
t 
Ly a luajority of seven over the de1110cratic candi- 
date, It E. Stratton,38 forl11er inculnbent. R. P. 
Boisé "'as elected prosecuting attorney for the 1st 
or luiddle district, and N. Huber of the 2d or north- 
ern J i8trict. 
The delllocratic leaders ,vere those most in fa,Tor of 
assun1Ïng state dignities, ,vhile the ,vhigs held up before 
their follo,ving the bill of cost; though none objected 

Iassey, 'July II, 1854, a party prospecting for goJd in the Cascade :l\1oun- 
tains. 01'. Statesman, Aug. 22, 1834. l\lt Atlams was called by the Indians 
Klickilat, anù 
lt Rainier, Takoma. Gold-hunting in the Cascade .J..1Iountains, 
l)assim. 
3. Payne P. Prim was bonl 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 tlistrict brought him into notice, 
and on the division of the state of Oregon into four judicial districts, and when 
Deatly, chosen juùge of the supreme court from that district, was appointed 
U. S. dist. judge, t:le gov. app{)inteJ Prim to fill the vacancy fro
n the ] st 
district for the remainder of the term, to which office he was subsequentIy 
elected, holùing it for many years. 
\ 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 PopztlwJ' 'l''j'ib- 
'linn l8, passim, this series. 
38 Riley E. Stratton was a nati\Te 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 studieù law, and was admitted to the bar in ::\Iatli- 
son, Ind., coming to Or. by way of Cape Horn in 18;>2, his father, C. P. 
Stratton, emigrating overland in the same year. C. P. Stratton ,vas born 
in New York Dec. 30, 1799. He re!11oyed to Penn. in his boyhooù, and 
again to Inù. in 1836. He had twelve children, of whom C. U. 8tratton is 
a l1lini
ter of the methodist church, and president of the UnÌ\'ersityof the 
Pacitic in California. He settled in the Umpqua Yalley, but subsequently 
removed to 
alem, where he dieù Feb. 2G, It;ï3. 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 a
 the election by 
the people, as stated above. ''"'hen Oregon became a state he was elected 
judge of the 2d judicial district, and reëlcctetl in 1864. He marrietl Sarah 
Dearborn in 
laùi::;on, Indiana. He 18ft the democratic party to support the 
union on the b:'C:lkillg-out of the 1'
LeIEoa, lIe W3.) an affa
)lc, honor
hlc, 
an 1 popu!.r m:t::} , IL3 dca

l occurreù in Dec. 1866. EllrJrne Sfnte Jow'nnl, 
Dec, 
9, 18w; Or, Report), vol. ii. lU.3--9; D(!r](ly'.
 SC"(lJI Baok, 77, J'ï\). 



BARD TI
IES. 


337 


to securing the 500,000 acres of land, ,vhich on the 
day of Oregon's adn1Ïssion as a state ,vollll1 be hers, 
to be applied to internal in1provell1cnts,39 and other 
grants \vhich illight reasonably be expected, and 
\vhich 111ight anlount to millions of acres \vith ,vhich 
to build railroads and improve navigation. 
Judge Pratt, who had strongly advocated state ad- 
mission, and to whon1 Oreg-on owed lTIuch, \vas put 
for,vard for the United States senate and his cause 
advocated bv the Den
ocratic Standard \vith lnarked 
nbility. Pratt \vas strongly opposed by the States1nan, 
,vhose influence was great throughout the state, and 
,yhich carrieJ its points so far as elect.ing its can- 
didates, except in a fe\v instances, against the \vhigs} 
and also against the prohibitionists, or ]\[aiue-Ia,v 
party. 40 But the l11ajority against a state consti- 
tution was about one hundred and fifty, a majority 
so sn1all, however, as to sho\v that, as the dem- 
ocrats had inti [nated, it \vould be reduced to 
nothing by a )7ear or t,vo more of cHart in that 
direction. 


In the spring of 1854 there ,vere conlplaints of 
hard times in Oregon, \vhich ,vere to be accounted for 
partly by the Indian disturbances, but chiefly by 
reason of neglect of the farming interests and a faIl- 
ing-off in the yield of the 111ines. The gre
t reaction 
,vas at hand throuahout the coast. BusIness \vas 
o 
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. 41 The lUlubering 
interest had greatly declined also, after the erection 


89 See the 8th section of an act of congress in relation thereto, passed in 1841. 
4,0 The .Maine-Iaw calldillates for seats in the legislature were Elisha Strong 
and O. Jacobs of :Marion; S. Nelson, P. H. Hatch, E. D. Shattuck of Clacka- 
mas; D. \V. Ballard of Linn; Laùù anù Gilliam of Polk; J. H. D. Henderson 
and G. \V. Burnett of Yamhill. 
41 The constitution of the Yamhill Agricultural Society, F. :l\1artin, presi- 
dent, A. S. 'Vatt, secretary, was published July 25, 18.34, in the 01". Statea- 
'/nan. 


BIST. On" VOL, II. 22 



338 LEGISLATIO
, l\IINIKG, AND SETTLE
IE
T. 
of n1ills 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 ,veIl kne,v that their in1mense agricultural 
resources ,vould bring them out of all their troubles 
if they \vould only apply themselves in the right di- 
rection and in the right way. 
The counties \vhich led in this industrial revival 
\vere Washington, Yan1hil1, l\farion, and Polk.. The 
first county fair held ,vas in Yam hill on the 7th of 
October, 1854, follo\ved by Marion on the 11th, and 
Polk on the 12th. The exhibit of horses, cattle, 
and fruit \vas fairly good, of sheep, grain, and domes- 
tic 111anufactures ahnost nothing ;42 but it ,vas a begin- 
ning from \vhich steadily gre\v a stronger competitive 
interest in farn1 affairs, until in 1861 a state agricul- 
tural society ,vas forIned, whose annual nleeting is the 
principal event of each year in farn1ing districts. 4:3 
The first step to,vard manufacturing ,voo]1en fabrics 
,vas also taken in 1854, ,vhen a carding machine ,vas 
erected at Albany by E. L. Perham & Co. Farlners 
\\T ho had neglected sheep-raising no\v purchased sheep 
of the IIudson's Bay COlnpany.44 Early in the spring 
of 1855 Barber and Thorpe of Polk county erected 
machinery for spinning, weaving, dying, and dressing 
,voollen cloths. 45 In 1856 a c01l1pany was organized 
at Salerrl to erect a woollen-mill at that place, the first 
Ïtl1portant \voollen 111anufactory on the Pacific coast. 
It \vas followed by the large establishn1ent at Oregon 
City and several snlaller ones in the course of a fe\v 
years. 46 


42 Or. Sfatpsman, Oct. ] 7, 1854. M rs 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 l\Ir 
"'oodsides. L. F. Grover, in his Pub. Life in Or., 
lS., says he delivered 
the first 11arion county address
 but he is mistaken. He followed in 18.j,j. 
.3 B1.01cn's Salrrtl, Lirpcf01"Y, 1871, 37-77. 
.! Ur, Stat" :May 23 and Oct. 10, 1854; Tolmie's PU[Jet Sound, MS., 24. 
.5 Or. State8mall, .March 20, 1855. R. A. Gessner received a premium in 
1855 from the :Marion county society for the 'best jeans.' 
46 Gro\'er, Pub. Life in Or., :1\18., 68-9, was one of the first directors in the 
Salem mill. See also JVatt's First Things, 
lS., 8-10. 



PROPOSED TELEGRAPH. 


339 


The first proposal to establish a telegraph line Le- 
t,veCll California and Oregon ,vas 111ade in October of 
1854. Hitherto, no n10re rapid lneans of communi- 
cation had existed than that afforded by express com- 
panies, of 'v hich there were several. 'The practice of 
sending letters by express, which prevailed all over 
the Pacific coast at this tiIne, and for many years 
thereafter, arose from the absence or the irregu- 
larity in the carriage of Inails by the governlnent. 
As soon as a n1ÎninO" camp ,vas established, an express 
o . 
becanle necessary; and though the serVIce ,vas at- 
tended \vith many hardships and no small aillount of 
danger, there ,vere al\vays to be found nlen ,vho ,vere 
eager to engage in it for the sake of the gains, which 
\vere great. 47 The business of the country did not 
require telegraphic correspondence, and its gro,vth 
,vas delayed for almost another decade. (8 


.1 The first express company operating in Oregon was Todd & Co., fol- 
lowed very soon by Gregory & Co., both beginning in 1831. Todd & Co. sold 
out to Newell & Co. in 1852. The same year Dugan & Co., a branch of 
Aùams & 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 fielù to 'Yells, 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 iÙ proportion. Besides the regular companies, from 1849 
to 1832 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 
COIlstruct 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, Halem, and 
Corvallis, It was finished to Oregon City Nov. 15, 1853, the first message 
being sent over the wires on the 16th, and the line reaclled Salem by Sept. 
18;)ß, but it was of so little use that it was never completed nor kept in re- 
pair. N either 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 1835 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 
lcCracken, superin- 
tendent; 'V. S. Ladd, D. F. Bradford, A. G. Richardson, C. N. Terry, and 



840 LEGISLATION, MINING, A
D SETTLE)iENT. 


Steanl navigation increased rapidly in proportion to 
other business, the principaJ trade Leing confined to 
the Willamette River, although about this tinlc there 
began to be SOllle traffic on the Colulubia, above as 
,veIl as belo\v the lllouth of the Willalnette. 49 Ocean 


A. L. Lovejoy, directors. Strong, contractor, owned considerable stock in 
it, which he sold to the California State Telegraph Company in ] 8lm, the 
line being completed in l\Iarch. In 1868 a line of telegraph was extended to 
The Dalles, and eastward to Boisé City, by the Oregon Steam :Kavigation 
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. 
49The Gazellé was a side-wheel boat built for the upper \Yillamette in 
]853 by the company which constructed the basin and hoisting 'Works at 
the falls, and began to run in 11arch 1834, but in April exploded. her boiler 
while lying at her wharf, causing the most serious calamity which e\TCr oc- 
cUlTed 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 GCLzplle, whose wife 
and daughter were killed by the explosion of the Jnmy Lind in San Francisco 
Bay April II, 1833; Rey. James P. 11iller. father of l\1rs E. 
I. 'Yilson of 
The Dalles; David 'Yoodhull. and Joseph Hunt of l\fichigan; Judge Burch, 
David Fuller, C. \Voodworth, James \Vhite, Daniel Lowe, John Clemens, 
J, 1\1. Fudge, Blanchet, Hill, l\lorgan, John Blaimer, John Daly, John K. 
l\liller, Michael Hatch, l\:1ichael l\lcGee, Charles Knaust, David .McLane, 
Piaut, and an unknown Spanish youth. Or. State.sman, April 18, 18.')4; Ann- 
strong's Or., 14; Brown's Salem fl'irectory, 1871, 35. Among the wounded 
were l\1rs l\Iiller, Charles Gardiner, son of the surveyor-general, Robert 
Pentland, l\1iss PeB, 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 Ore!/ouian. Jan. 29, 1870. The 
Ore!}on, another of the company's boats, was sunk and lost the same season. 
The wreck of the Gazelle was run over the falJs, after being sold to :L\lurray, 
Hoyt, and \Vells, who refitted her and named her the Seiio'rita, after which 
she was employed to carry troops, horses, and army stores frum Portland to 
Vancouver and the Cascades. In 1837 the machinery of this hoat was lmt 
into the new steamer H assaloe, while the Se7îorUa was provided with a more 
powerful engine, and commanded by L. Hoyt, brother of Richard Hoyt. In 
1834 the pioneer steamboat men of the upper 'Villamette, captains A. .F. 
Hedges and Charles Bennett, sold their entire interests and retired from the 
ri vel'. 
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 chan
e was effected by Archibald Jamieson, A. S. l\Iurray, Amory Hol- 
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 \V right. She finished her career on 
the Chehalis River. Her first captain, Jameison, was one of a family of 
fixe steamboat men, who were doomed to death by a fata]ity sad and re- 
markable. Arthur Jamieson was in command of the steamer Portland, 
which was carried over the falls of the \Villamette in March 1857; another 
brother died of a quick consumption from a cold contracted on the ri \Oer; 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 Gar'iboo at Victoria. 
Another company, consisting of captains Cochrane, Gibson, and Cassady, 



IXLAND NAVIGATION. 


341 


navigation, too, was increasing, but not ,vithout its 
dra\vbacks and losses. 50 In the n1Îdst of aU, the young 
and vigorous comn1unity gre\v daily stronger, and more 
able to bear the n1Ïsfortunes incident to rapid progress. 
In July 1854 there ,vas a raid in Rogue Riyer 
Val1ey by the Shastas; unattended, ho\vever, by seri- 


formed in 18.36, built the James Olinton and Surprise, two fine stern-whcel 
boats. In 18.37 the Elk was built .for the YamhiU River trade by Switzler, 
:Moore, and 11arshall; and in 1858 the first owners of the Elzterprise built 
the Unward, 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. 'V. Burnside, and captains John Cochrane, George A. Pease, Joseph 
Kellogg, and E. \V. Baughman, which controlled the \Villamette River trade 
till 1871. This company built the Dayton, Reliance, Echo, E. D. Baker, Iri.q, 
.A,baIlY, Shoo Ply, Fann.ie Patton, and Alice. and owned the Rival, Senator, 
Alert, and Active. It ran its boats on the Columbia as well as the \Villamette 
until18ü:J. when a compromise was made with the Oregon Steam Navigation 
Company, then in existence, to confine its trade to the \Villamette Hi\-er 
above Portland. In 18G.3 this company expended $100,000 ill building a dam 
and Lasin 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 
ill 18; 1 to Ben Holladay, having made handsome fortunes in 11 years for all 
its }wincipal 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 \Villamette Locks and Transpor- 
ta.tion Company, composed of Joseph Tea], B. Goldsmith, Frank T. Doùge, 
ant! 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 enabltjJ to 
resume operations on the \Villamette above Portland, with the Loats pur- 
chased and others which were built, and became a powerlul competitor for 
the traùe. The Locks and Transportation Co, built the JVillamette Chief ex- 
prcs
ly to outrun the boats of the P. T. Co., but found it ruinous work; auel 
in ISï6 a consolidation was effected, under the name of \Yillamette Trans- 
portation and Locks Company, capital $1,000,000. Its property consisted 
of the locks at Oregon City, the water front at Astoria belonging formcrly to 
the U. K N. Co., and the .Farmers' warehouse at that place, anll the steam- 
boats JVillamette Chief, Gov. Grovel", Beaver, Annie J
'telL'art, O,,'ient, Vcci- 
(lud, with the Larges A utocrat, Columbia, and Columbia's Ohief. This secured 
complete monopoly by doing away with competition on either river, f:xcept 
from independent lines. Salem Jfill. Parmer, Jan. 7, 1876; .Adam,s' Ùr., 
37-8- 
50 The steam-tug Fire-.Fly was lost by springing aleak on the bar in Feb. 
1834-. Thomas Hawks, captain, L, H. 
waney, Van Dyke, 'Visenthral, mill 
other persons unknown were drowned. At the close of the year the steam. 
ship /io1l t hn'ller. Capt, F. A. Sampson, was wrecked on the \Vashington 
coast. The steamer A merica" bound to Oregon and "
ashington }Jorts, was 
burned ill the harbor of Cresccnt City the following summer. 
The steamships cngaged in the carrying trade to Oregon from 1850 to 
IS;:):> were the Carolina, which I think made but one trip, the Seagull, Pan- 
ama, Oregon, Gold IIunter, Columbia, Quid'slep, GUif-rat Jrarren, Préuwnt, 
America, Pe!Jtollilt, Southn'uer, and Republic. Three of these had hecn 
wrecked
 the Seagull, General JVarren, and 8outherner, in as many years. 
Others survived unexpectedly. 



342 LEGISLATION, :MINING, AND SETTLE:M:ENT. 


ous dan1age. The treaty Indians of Rogue River 
sickened in the reser'lation, and the agent permitted 
then1 to roam a little in search of health. Some of 
them being shot by white men, their chiefs demanded 
that the lllurderers be brought to justice, as had been 
prolnised them, but it was not done. Few of such 
cases ever came into the courts,51 and it \vas as rare 
an occurrence for an Indian to be tried by process 
of la\v. 52 
So great had been their wrongs during the past 
five years, so unbearable the outrages of the \vhite 
race, that desperation seized the savages of the 
Klarnath, Scott, and Shasta valleys, who no\v took 
the \var-path toward the country of the l\iodocs, to 
join ,vith then1 in a general butchery of irnmigrants 
and settlers. 
In the absence of a regular military force, that at 
Fort Jones, consisting of only seventy men, wholly 
insufficient to guard t,vo hundred IDiles of ilnllligrant 
road, the governor \vas requested to call into service 
volunteers, \vhich was done. Governor Davis also 
\vrote to General \V 001 for troops. Mean\vhile a 
C0111pany \vas sent out under J esse Walker, ,vho kept 
the savages at bay, alid on its return received the 
cOlnlnendations of Governor Curry, Davis having in 
the Inean tinle resigned. 
This expedition was used by the don1inant party 
for lllany years to bro,vbeat the influential \v higs of 
southern Oregon. The Stutesman facetiously named 
it the "expedition to fight the emigrants;" and in 
plainer language denounced the quarterlnaster-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 l)eni- 
tentiary. 01'. Statesman, June 2, 18.35. 
6..1 The slayers of Edward'Vills and Kyle, and those chastised by:Major 
KeaTI1ey in 18.31, are the only Indians ever punished for crime by either civil 
or military authorities in southern Qregon. U. S. If. 
li8c. Doc. 47, 58, 33th 
congo 2d sess. 
53 Grasshoppers had destroyed vegetation almost entirely in the southern 
valleys this year, which let! to a great expense for forage. 



INDIAN DISTURBANCES. 


343 


Dre\v in his report seemed to apologize for the 
great cost, and pointed out that the prices \vere not 
so high as in 1853, and that Inany expenses then in- 
curred had been avoided; but he could not prevent 
the turning into political capital of so large a clailn 
against the governnlent, though it ,vas the Inerchants 
of Yreka and not of Jacksonville ,,,ho overcharged, 
if overcharging there \vas. 64 The attacks Inade ou 
the \vhigs of southern Oregon led to the accunlula- 
tion of a nlass of evidence as to prices, and to years 
of delay in the settlen1ent of accounts. On the side 
of the deulocrats in this struggle ,,,,as General \V 001, 
then in COnl111and of the division of the Pacific, \v 110 
,vrote to Adjut:1nt-general Thon1as at N e\v York 
that the governor of Oregon had 111ustered into ser- 
vice a cOlnpany of volunteers, but that Captain Sn1Ïth 
\vas of opinion that they \vere not needed, and that 
it \vas done on the repre
entations of 
peculators 'v h0 
,yere expecting to be benefited by furnishing sup- 
plies. 55 
There \vas a nlassacre of irnuligrants near Fort 
Boisé in August, that cau
ed 111uch excitelnent on 
the 'Villalnette. The party ,vas kno\vn as vVard's 
train, being led by Alexander vVard of Kentucky, 
and consisting of t\venty-onc persons, Dl0St of \"h01l1 
,vere slain. 66 Not only \vas the outrage one that 
could not be oveilookecl, or adequately punishetl by 
civil or n1ilitary courts, but it \vas ca.use fur alarnl 
such as \vas expressed in the report of Quarterulaster 
Drc\v, that a general Indian ,var \yas about to be pre- 
cipitated upon the country, an apprehel1
ion strength- 
ened by reports fron1 lna.ny sources. 
In order to make plain all that follo,ved the events 
recorded in this chapter, it is necessary to revert to 


54The merchants and traders of Jacksonville, who were unable to furnish 
the necessary supplies, which were drawn from Y reka, testitied as to prices. 
U. S. II. JIi.'ic. lJoc. 4i, 32-3, 3.3th eong. 
J Sl'ss. 
5,-) :Mcssage of President Pierce, with correspondence of General \V 001, in 
U. S. Sen, Ex, Doc. 16, 33d congo 2(} Bess. 
56 
-'or particulars see California litter Pocula, this series, passim. 



344 LEGISLATION, 
II
ING, AND SETTLE:\lENT. 


statements contained in tho correspondence of the ,var 
departlnent. That ,vhich n10st concerned this par- 
ticular period is contained in a docun1ent translnitted 
to the senate, at the request of that body, by Presi- 
dent Pierce, at the second session of the thirty-third 
congress. In this doculnent is a comn1unication of 
General Wool to General Cooper at Washington 
City, in which is mentioned the correspondence of 
the form8r ,vith Major Rains of the 4th infantry, 
in con1111and of Fort Dalle
, and of J\tlajor Alvord, 
U. S. paymaster at Vancouver, \vho had each \yritten 
hin1 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 la\vless \vhites" 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 111iners on IIlinois River, ,vho 
had, as he averred, ,vantonly attacked an Indian en- 
campment and brutally 111urdered two Indians and 
,vounded others. 67 The facts \vere presented to Wool, 
and by Wool to headquarters at Washington. The 
general 'v rote, that to prevent as far as possible the 
recurrence of further outrages against the Indians, 
he had sent a detachn1ent of about fifty 111en to re- 
enforce Smith at Fort Lane; but that to keep the 
peace and protect the Indians against the ,vhite people, 
the force in California and Oregon must be increased. 
This letter ,vas ,vritten in l\Iarch 1854. 
On the 31st of March, vV 001 again ,vrote General 
Scott, at N e\v York, that the difficulty of preserving 
57 u. s. Sen. Ex. Doc. 16, 14-15, 33d congo 2d sess. Lieut J. C. Bonny- 
castle, commanding Fort Jones, in relating the attack on some of the Shastas 
whom he was endeavoring to protect, and whom Captain Goodall was escort- 
ing to Scott's Valley to place in his hauds, says: 'Most of the Inùians hav- 
ing escaped into the adjacent chapparal, where they lay concealed, the whites 
began 3, search for them, during which an Indian from behind his bush for- 
tunately shot and killell a white man named 
IcKaney.' 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 
lcKalley, U. S. :";en. Ex. Doc. 16, p. 81, 33d congo 2d 
sess.; U. S. 11. Ex. Doc. I, 446-66, vol. i. pt i., 33d congo 2d sess. 



ATTITUDE OF THE AR:\IY. 


345 


peace, o\ving to the increase of imlnigration and the 
encroachments of the \vhite people upon the Indians, 
,yhich deprived them of their improven1ents, ,vas con- 
tinually increasing. There \vere, he said, less than a 
thousanclluen to guard California, Oregon, vVashing- 
ton, and Utah, and 1110re ,vere ,vanted. The request 
,vas referred by Scott to the secretary of war, and 
refused. 
In l\Iay, ,V 001 sent Inspector-general J. K. F. 
l\fansfield to make a tour of the Pacific departrnent, 
and see if the posts established there should be 111ade 
perillanent; but expressed the opinion that those in 
northern California could be dispensed \vith, not- 
,yithstanding that the conlmanders of forts Reading 
and Jones \vere every fe\v \veeks sending reports 
filled ,vith accounts of collisions bet\veen the ,vhite 
population and the Indians. 
At thi8 point I observe certain ano111alies. Congress 
had invited settlers to the Pacific coast for political 
reasons. These settlers had been promised protection 
froln the savages. That protection had never to 
any practical pxtent been rendered; but gradually 
the usual race conflict had begun and strengthened 
until it assu111ed alarlning proportions. The fe\v 
officers of the military departnlent of the govern- 
nlent, sent here ostensibly to protect its citizen8, had 
found it necessary to devote themselves to protecting 
the Indians. Over and over they asserted that the 
,vhite nlel1 ,vere alone to blarne for the disturbances. 
\V riting to the head of the department at N e\v 
York, General VV 001 said that the en1Ïgration to Cal- 
ifornia and Oregon \vould soon render unnecessary a 
n ulnoer of posts \v hich had been established at a great 
expense, and that if it \vere left to his discretion, he 
should abolish forts Reading and l\Iiller in California, 
and establish a ternporary post in the Pit River coun- 
try; also break up one or t\VO posts in -northern Cali- 
fornia and Oregon, ,vhich could, only mean forts Jones 
and Lane, and establish another on Puget Sound, 



346 LEGISLATION, MINING, AND SETTLEMENT. 
and, if possible, one in the Boisé country; though his 
preference ,vould be given to a con1pany of dragoons 
to traverse the Snake River country in the sunlmer 
and return to The Dalles in the ,vinter. 
Governor Curry, on learning that the expedition 
under Haller had accomplished nothing, and that the 
,\
hole command numbered only sixty Inen, and think- 
ing it too slnaU to acco1l1plish anything in the Snake 
River country should the Indians combine to rnake 
vtar on the imll1igration, on the 18th of Septen1ber 
issued a proclanlation calling for two con1panies of 
volunteers, of sixty filen each, to serve for six rl1onths, 
unless sooner discharged, and to furnish their o\vn 
horses, equiprnents, arms, and an1munition; the COlTI- 
panies to choose their o\vn officers, and report to Brig- 
adier General Nesmith on the 25th, one corllpany to 
rendezvous at Salem and the other at Oregon City. 
Conlnlissions ,vere issued to George K. Sheil, ås- 
sistant adjutant-general, John McCracken, assistant 
quarternlaster-general, and Victor Trevitt, cOffirnissary 
and quartern1aster. A request ,vas despatched to 
Vancouver, to BonneviUe, to ask from the United 
States arr11S, anl111unition, and stores \vith ,vhich to 
supply the volunteer cOIllpanies, ,vhich Bonneville re- 
fused, saying that in his opinion a ,vinter canlpaign 
,vas neither necessary nor practicable. N eS111ith be- 
ing of like opinion, the governor withdre\v his call 
for volunteers. 
When the legislative assernbly convened, the gov- 
ernor placed before them all the information he pos- 
sessed on Indian affairs, ,vhereupon a joint conln1ittee 
\vas appointed to consider the question. Lane had 
already been inforrned of the occurrences in the Boisé 
country, but a resolution ,vas adopted instructing 
the governor to correspond with General "\V 001 and 
Colonel Bonneville in relation to the nleans available 
for an expedition against the Shoshones. The total 
force then in the Pacific departnlent ,vas 1,200, Jra- 
goons, artillery, and infantry; of ,vhich nine COlnpa- 



WAR FORCES. 


347 


nies of infantry, 335 strong, were stationed in Ore- 
gOll and 'Vashington, and others ,vere under orders 
for the Pacific. 
Governor Davis had ,vritten Wool of anticipated 
difficulties in the south; whereupon the latter in- 
structed Captain Smith to reënforce his squadron 
,vith the detachment of horse lately under cOllllnand 
of Colonel ,V right, anù \vith thelll to proceed to 
Klalllath Lake to render such assistance as the i111111i- 
gration should require. About a month later he re- 
ported to General Thomas that he had called Slnith's 
attention to the nlatter, and that he ,vas infornled that 
all necessary 111eaSUres had been taken to prevent dis- 
turbances on the elnigrant road. 
In congress the passage of the army bill failed this 
year, though a section \\-Tas smuggled into the appro- 
priation bill adding t,vo regÏInents of infantry and 
t,yO of cavalry to the existing force, and authorizing 
the president, by the consent of the senate, to appoint 
one brigadier general. I t ,vas further provided that 
arlIlS should be distributed to the nlilitia of the terri- 
tories, under regulations prescribed by the presidEnt, 
according to the act of 1808 arming the lnilitia of 
the states. No special provision was made for the 
I )rotection of the 110rth-,vest coast, and Oregon ,vas 
eft to llleet the impending conflict as best it nlight. 



CHAPTER XIV. 


GOVERN
IENT AND GENERAL DEVELOP
IENT. 


1854-1855. 


RESIGNATION OF GOVER
OR DAVIS-HIS SUCCESSOR, GEORGE LAW CURRY- 
LEGISLATIVE PROCEEDINGS- '\tV ASTE OF CONGRESSIONAL ApPROPRIA- 
TIONS-STATE HOUSE-PENITENTIARy-RELOCATION OF TilE CAPITAL 
AND UNIV"ERSITy-LEGISLATIVE AND COSGRESSIONAL ACTS RELAT VE 
THERETO-M ORE COUNTIES 
L\DE-FI
ANCES- TERRITORIAL CO
VEN- 
TION-NE\VSPAPERS-THE SLAVERY SEXTIMENT-POLITICS OF TIlE PE. 
RIOD-'VnIGS, DEMOCRATS, AND Kl.)OW-NOTHINGS-A NEW PARTY- 
INDIAN AFFAIRS-TREATIES EAST OF THE CASCADE 11oUNTAINS. 


IN August 1854 Governor Davis resigned. There 
was no fault to be found with hin1, except that he \vas 
inlported froln the east. In resigning, he gave a8 a 
reason his dOlnestic affairs. He \vas tendered a part- 
ing dinner at Salenl, \\
 hich ,vas declined; and after a 
residence of eight 111011ths in the territory he returned 
to the states \yith a half-declared intentiun of ulu,killg 
Oregon his hOlne, but he died soon after reaching the 
east. Although a good IHan, and a denlocrat, he \yas 
advised to resign, that Curry n1Ïght be appointed 
governor, \vhieh ,vas done in N ovelllLer follo\\?ing. 1 
Curry ,vas the favorite of that portion of the delu- 
oeratic party kno\vn as the Salelu clique, and \vhose 
organ ,,,as the State:-nnun. He follo\ved the States- 
"nan's lead, and it defended hi In and his llleasures, 
'v hich \vere rea By its o\vn. I-Ie \vas a partisan lllore 
through necessity than choice, and in his intercourse 
\vith the people he ,vas a liberal and courteous gentle- 


1 Lane's Alltobio!lraphy, 
IS., 59; Or. Statesman, Dec. 12, 18.34; A mer. 
.Almanac, 1855-6. 18':>7-9. 


( 348) 



LEGISLATURE 1834-5. 


849 


man. Considering his long acquaintance ,vith Oregon 
affairs, and his probity of character, he ,vas perhaps 
as suitable a person for the position as could have 
Leen found in the party to ,vhich he belonged. 2 lIe 
possessed the advantage of being already, through his 
secretaryship, ,yell acquainted ,vith the duties of his 
office, in ,vhich he \vas both faithful and industrious. 
Such ,vas the nlan ,vho ,vas chosen to be governor of 
Oregon during the remaining years of its 111inority, 
and the lnost trying period of its existence. 
The legislature Inet as usual the first Monday in 
Decelnber,3 \vith J alTIeS K. Kelly president of the 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 'Vashington Blues in the engage- 
ment preceding the capture of 'Vashington city in the war of 1812; and 
grandson of Christopher Curry, an emigrant from England. who settled in 
!->hiladelphia, and. lies in the Christ Church burial-ground of that city. He 
visited the repuLlic of Colombia when a child, and returned to the family 
homestead near Harrisburg, Penn. His father dying at the age of II, 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 
Iechanic 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 1\1. 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, 1\IS., 
1-3; Bratlle Pacific Tribun p , July 31, 1878; Portland Standard, July 13, 
1878; S. F. Post, July 30, 1878; Ashland 1'idings, Aug. 9, 1878; Salem States- 
man, Aug. 2, 1878; Portland Uregonian, July 29, 1878. 
a The memLers elect of the council were: J. C. Peebles of Marion; J. K. 
Kelly, Clackamas and 'Vasco; Dr Cleveland of Jackson; L. 'v. Phelps of Linn; 
Dr Greer, 'Vashington and Columbia; J. 
1. Fulkerson, Polk anli Tillamook; 
John Richardson, Yamhill; A. L. Humphrey, Benton and Lane; Levi Scott, 
Umpqua. The lower house consisted of G. \V. CoffinLury, of Clatsop; E. S. 
Tanner, David Logan, D. H. Belknap, \Vashington; A. J. Hcmbree, 
\.. G. 
Henry, Yamhill; H, N. V. Holmes, Polk and Tillamook; I. F. 1\1. Butler, 
Polk; R. B. Hinton, \Vayman St Clair, Benton; L. F. Cartee, 'V. A. Stark- 
weather, A. L. Lovejoy, Clackamas; C. P. Crandall, R. C. Geer, N. Ford, 
:Marion; Luther Elkins, Delazon 
mith, Hugh Brown, Linn; A. 'V. Patterson, 
Jacob Gillespie, Lane; James F. Gazley, Douglas; Patrick Dunn, Alexander 
:Mclntire, Jackson; O. Humason, 'Vasco; Robcrt J. Ladd, Umpqua; J. B. 
Condon, ColumLia; J. H. Foster, Coos, elected but not present. Two other 
names, Dunn and 'Valker, appear in the proceedings and report3, but no clew 
is given to their residence. Ur. Jour. Council, 1854-5; Or. Stale."m(w, Dec. 
12, 1854. The clerks of the council were B. Genois, J. Costello, and.:\1. C. 
Etlwanls. 8ergcant-at-anns, J. K.. Delashmutt; doorkeeper, J, L. Gwinn. 
The clerks of the lower house were Victor Trevitt, James Elkins, S. 1\1. 
Hammond. Sergeant-at-al'lllS, G. L. Russell; doorkeeper, llievins. 



350 GOVERN
IENT AND GENERAL DEVELOP
lENT. 


The session ,vas begun and held in t\VO rooms of the 
state house, ,vhich ,vas so far finished as to be used 
for the nleetings of the assembly. The principal busi- 
ness, after disposing of the Indian question, ,vas con- 
cerning the public buildings and their location. The 
n10ney for the state house ,vas all expended, and the 
comnlÏssioners ,vere in debt, 'v hile the building was 
still ullfillished. The penitentiary fund was also nearly 
exha.usted, '" hile scarcely six cells of the prison ,vere 
finished,4 and the contractors ,vere bringing the gov- 
ernnlel1t in their debt. The university con1missioners 
had accepted for a site five acres of land tendered by 
Joseph P. Friedley at Corvallis, and had let the con- 
tracts for building n1aterials, but had so far only ex- 
pended about three thousand dollars; ,vhile the COffi- 
n1issioners appointed to select, protect, sell, and control 
the university lands had lllacle 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 ,yhich over $9,000 had been realized. In this case 
there \vas no indebtedness. No action had yet been 
taken concerning the Oregon City claim, \v hich ,vas 
a part of the university land, but proceedings \vould 
soon be begun to test the validity of titles. 6 To llleet 
the expense of litigation, an act ,vas passed authoriz- 
ing the ernployment of counsel, but ,vith a proviso 
that in the event of congress releasing this claim to 


4 The territorial prisoners were placed in charge of the penitentiary com- 
missioners about the beginning of 1834. 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 claime<l 
iudemnity in $12,000, recovering 8600. A temporary building was then 
erected by the commis!:Iioners for the confinement of those who could not be 
employed on the penitentIary builùing, some of whom were hired out to the 
highest bidùer. 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 
as
istant. G. D. R. Boyd, the first keeper, received $716 for 7 months' 
l5ervice. 
Õ 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 
:Ic- 
Loughlin, and a township of land granted that would not be subject to liti- 
gation. '\Vhether it was forwarded is uncertain; but if so, it produced no 
effect. 



THE CAPITAL QUESTIO
. 


351 


}'lcLoughlin, the money obtained frolll the sale of 
lots should be refunded out of the sale of the second 
to\vnship granted by congress for university purposes 
in the last amendnlent to the land la\v of Oregon. 6 
Such \vas 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 froln southern 
Oregon felt that their portion of the state was entitled 
to a share in the distribution of the public luoney. 
An act \vas passed relocating the seat of governUlent 
a.t Corvallis, and removing the university to J ackson- 
ville. 7 It \vas not even pretended that the money 
to be spent at Jacksonville \vould benefit those it \vas 
intended to educate, but only that it \vQuld benefit 
Jackson county.8 
The act \vhich 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 ne\v board of comnlissioners to erect 
suitable puLlic buildings at the new seat of govern- 
111ent. 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 Inanner as to in- 
sure cOlnpletion \vithout further aid froln the United 
States. to Then it began to be understood that the re- 
location act, not having been subn1itted to congress as 
required by the organic act, \vas 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, 18.35. 
8 In the bargain between A very and the Jackson county member, said the 
Statesman, the latter remarked that he 'did not expect it [the university] to 
remain there, but therc would be about 812,000 they could expend before it 
could be remoyed, which would put up a building that would answer for a. 
court-house. ' 
9 B. R. Biddle, J. S. 
IcItuney, and Fred. \Vaymire constituted the new 
board. 01'. Stflfesman, Feb. 6, 1855. 
10 Congo Globe, 18:>4-5, app. 380, 33d congo 2d sess. 



352 GOVERN
IENT AND GENERAL DEVELOPMENT. 


that the seat of government ,vas not removed from 
Salem to Corvallis by that act, nor would it be until 
such tinles as congress should take action. N or could 
the governor payout any part of the appropriation 
under in8tructions fronl the legislature, except under 
contracts already existing. The executive office, more- 
over, should not be removed from Saleln before con- 
gress should have approved the relocation act. ll So 
said the comptroller; but the governor's office ,vas 
already removed to Corvallis when the conlptroller 
reached this decision. The Statesman, too, 'v hich did 
the public printing, had obeyed the legislative enact- 
Inent, and moved its office to the new seat of govern- 
men t. 12 
When the legislature met in the follo,ving Deceru- 
ber, Grover introduced a bill to relocate the capital 
at Salem, which became a la\v on the 12th of De- 
celnber, 1855. But this action was n10dified by the 
passage of an act to subn1it the question to the people 
at the next election. Before this ,vas done, anù per- 
haps in order that it nlight be done, the almost COIll- 
pleted state house, \vith the library and furniture, ,vas 
destroyed by fire, on the night of the 30th of Decem- 
ber, \vhich \vas the work of an incendiary. The 
\vhigs charged it upon the democrats, and the derDo- 
crats charged it upon "SOIne one interested in having 
the capital at Corvallis." 13 However that may have 
been, it fixed the fate of Corvallis in this regard. U 
Furt her than this, it settled definitely the location 
question by exhausting the patience of the people. 15 
11 Or. JO'ltr. 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, t.he State,
man office. a steam saw-mill, 
and two churches. The methodist church was dedicated Dec. 16, 185.3, G. 
Hines officiating. Or. State::nflan, Oct. 13 and Dec. 8, 1853; Speech, of Grover, 
in I d., Dec. ] 8, 185:5. 
13 Deady'.
 lIi.r;t. Or., :MS" 26: Grovrr's Pub. Life in Or., 
fS., 51-4; Or. 
Statesman, Jan. 29, 1856; Id., July 29 and Sept. 30, 1836; Or. Argus, Jan. 
5, 1836; Or. Jour. House, 1855-6, app. ]6:5-70; A7.m."Itrong'.'4 Or., 17. 
14 At the election in J nne 18:56, 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 \vas reduced to the necessity of n1eet- 
ing in hired apartments for nearly t\venty yearR before 
the state \vas able to erect a suitable structure. 
The $40,000 appropriated to complete the peniten- 
tiary was expended on a building \vhich should not 
have cost one third of the two appropriations, the 
state a ùozen years later erecting another and better 
one at Salenl. 


To return to the legislative proceedings of 1854-5. 
Another partisan act of this body ,vas the passage of 
a bill in ,vhich voting viva voce \vas substituted for 
voting by ballot-a blo\v ainled at anticip'ated suc- 
cess of the ne\v party; and this \vhile the Statesman 
made ,val' on the anti-foreign and anti-catholic prin- 
ciples of the kno\v-nothings, forgetting how zealously 
opposed to foreigners and catholics the first great 
democratic leaòer of Oregon, S. R. Thurston, had 
been. Specious reasons ,vere presented in debate, for 
the adoption of the new rule, 'v hile the Statesman 
openly threatened to deprive of public patronage all 
who by the vi va voce systenl ,vere discovered to be 
opposed to democratic principles. In view of the 
conling election, the viva voce bill possessed much sig- 
nificance. I t compelled every Ulan to announce uy 
voice, or by a ticket handed to the judge, his choice, 
which in either case was cried aloud. This surveillance 
was a severe orùeal for some \vho ,vere not ready 
openly to part company \vith the democracy, and 
doubtless had the effect to deter rnany. As a coer- 
cive measure, it was cunningly conceived. Every. 
'v hig 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 th
 passage of another requiring the people 
to vote at the next election on the question of a 


being, as the Statl'sman said, 'tired of thf) subject.' Avery, who was elected 
to the legislature in 1856, again endeavored to bring the subject before them, 
but the bill was defeated. 
RIST. OR., VOL. II. 23 


. 



354 GOVER

IEKT AND GENERAL DEVELOP
1ENT. 


state constitutional convention, for ,vhich the ruling 
party, foreseeing that appropriations for the territory 
were about exhausted, ,vas now ripe. The three 
measures here mentioned comprise all of the in1por- 
tant work of the session. 16 
An effort was Inade in the election of 1854 to get 
SOUle temperance men elected to the legislature, in 
order to secure a prohibitory liquor Jaw; and for this 
purpose a third party, called the 1Iaiue-Ia,v party, 
had its candidates in the field. None ,vere elected on 
this issue, but much opposition ,vas aroused. 17 


16 Multnornah county was created at this session out of portions of 'V ash- 
ington and Clackamas, making it comprise a narrow strip lying on both sides 
of the 'Villamette, including Sauvé Island, and fronting on the Columbia 
River, with the county-seat at Portland. The first county court was organ- 
izcd Jan. 17, 18.3:5; the board consisting of G. 'V. Vaughn, Ainslee R. Scott, 
and James Bybee. The bonds of Shubrick Norris, auditor, of 'Villiam 
lc- 

1illen, sheriff, and A. D. Fitch, treasurer, were presented and approved. 
Rooms were rented in the building of Coleman Barrell, on the corner of First 
and Salmon streets, for a court-house. R. B. "llson was appointed coroner 
at the second meeting of the board. The first board elected at the polls 
was composed of Dayid Powell, Ellis 'Valker, and Samuel Farmau, which 
met July 2, 1855. The first term of the district court was held April 16th, 
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, 'Villiam Cree, Robcrt 
Thompson, 'Villiam H. Frush, Samuel Farman, 'Villiam Hall, 'Villiam 
Sherlock, 'V. P. Burke, Jacob Kline, Jackson Powell, John Powell, The 
first cause entered on the docket was Thomas V. Smith vs 'Villiam H. :Mor- 
ton, David Logan, and 
Iark Chinn. 
An act of this legislature authorized the location of county seats by a ma- 
jorityof votes at the"annual elections. The county seat of Umpqua was thus 
tiJÇcd at Elkton, on the land claim of James :F. Levens. An act was passed 
for the support of indigent insane persons. There were a numbcr of applica- 
tions made to the legislature to have doubtful marriagcs legalized; but the 
judiciary committee, to whom they werc referrcù, refused to entertain the 
petitions, on the ground that it was not their duty to shelter persons commit- 
ting crimes agaillst the laws and public sentimcnt. 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. Stutesman, April 3, 
18.35. 
17 Notwithstanding the antagonism exhibited at the opening of the session, 
the J\laine-law bill being withdrawn, an act was passed of the nature of a local- 
option law, requiring retail dcalcrs, 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 respccti \"e precincts to petitions praying that 1icenses 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 sen. 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 siQ'11ed. There were two many ways of evading a law of this nature to 
. niak; it serve the purpose of prohibition, even in a temperance community; 



DE
IOCRATS AND WHIGS. 


355 


The report of the territorial auditor sho\ved 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 \vere 868.94 on hand. The 
territory ,yas in debt bet\veen $7,000 and $8,000; but 
the estÍ1nated revenue for the next year ,vould be 
over $11,000, ,vhich would not only discharge the 
debt, but lessen the present rate of taxation. En- 
couraged by this report, the legislature made appro- 
priations \vhich amounted to nearly as much as the 
anticipated revenue, leaving the debt of the territory 
but little diminished, and the rate of taxation the 
sanle-a course for which, ,vhen another legislature 
had been elected, they received the reproaches of their 
O\Vll organs. IS 


There began in April 1855, ,vith the meeting of 
the democratic territorial convention at Salern, a 
detern1ined struggle to put do\vn the rising influence 
of ,vhig 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 Clackalnas 
county for Pratt. A movement had been made in 
Linn county to put forward Delazon Smith, but it 
,vas pruùent]y \vithdrawn on the telnper of the Inajor- 
ity beC0111ing 11lanifest. Lane county had also in- 
structed its delegates to vote for Judge George H. 
vVilliams 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 
t6 prohibition. 
18 Or. Jour. CO'ltncil, 1854-5, app. 21-7. The territorial officers elected 
by the assembly were Nat. H. Lane, treasurer; James A. Bennett, auditor; 
and :l\Iilton 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, "J 0 Lane, a 
democratic legislature, democratic prosecutors, democratic everything.'" 



356 GOVERNMENT AND GENERAL DEVELOP11ENT. 


and ll1ade choice of Ex-governor Gaines, against four 
other aspirants. The lllajority being for Gaine:s on the 
first ballot, T. J. Dryer and A. G. Henry \vithdre\v, 
l{
aving 
I. A. Chinn aud A. IIolbrook. Gaines then 
received sixty-three votes and Chinn three. Tho 
con vention adopted as its platforln, "General Gaines 
against the ,vorld," and the carnpaign openeJ.20 A 
lllovement \vas put on foot by the religious portion of 
the cOlllluunity to forlD a temperance party, and to 
elect nlelnbers to the legislat.ure on that issue; and a 
llleeting was hel<1 for that purpose April 16th, which 
,vas addressed by George L. Atkinson, H. K. Hines, 
and 'V. L. Ada111S, the last nalned a rising politician, 
who in the spring of 1855 established the Oregon 
A'rgus, and advocated anlong other refornls a prohibi- 
tory liquor law. As the paper was indepenJent, it 
tended greatly to keep in check the over\ycening 
assun1ption of the Statesn'l-an, and was 
arlllly \vcl- 
corned by the Ile\V 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. :McIntyre, 
C. A. Reed, and T. J. Dryer. Oregonian, April 14, 18.3;). 
21 The Oregon Argus was printed on the press and with the materials of 
the old Spectato7', which closed its career in J\iarch 1855. The editor and 
publisher, .l\lr Adams, possessed the qualifications necessary to conduct an 
independent journal, having self-esteem united with argumcntati \"e powers; 
moreO\"er, he had a conscience. In politics, he leaned to the sido of the 
whigs, and Ìn religion was a campbellite. This church bad a respectable 
membership in Oregon. Adams sometimes preached to its congregations, 
and was known pretty generally as Parson Billy. The mistakes he made ill 
conducting his paper were those likely to grow out of these conditions. Being 
independent, it was open to everybody, anù therefore liable to take in occa- 
sionally persons of doubtful veracity. Being honest, it sometimes betrayed a 
lack of worldly"\\ isdom. The Statesman called it the' Airgoose;' nevertheless, 
, it grea.tly assisteù in forming into a consistent and cohesive body the scat- 
tered ma;terials that afterward composed the republican party.' The Arg'll,s 
continued to be published at Oregon City till :May 18G3, D. \V. Craig being 
associated with Adams in its publication. Six months after its removal, h::w- 
ing united with the Republican of F
ugcne City, the two journals passed into 
the hands of a company who had purchased the Statesman, the political Htatus 
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 ISG6. In 18G8 
be travelled in South America, and finally went to New Englaud, where he 
delivered a lecture on ()re[J01
 and the Pacific Cuast, at Tremont Temple, Oct. 
14, 18G9, which was published in pamphlet fonn at Easton the same year. 
The pamphlet contains many interesting facts, presented in the incisive and 
yet often humorous style which chara.cte
ed the author's writings as a jour- 



THE K
O\V-NOTHI
G PARTY. 


337 


The .JrguH, ho,vever, placed the naITIe of Gaines at 
the head of the editorial colun1ns as its candidate for 
delegate to congress. The Portland Tinzcs 22 ,vas 
strongly denlo.cratic, and sustained the nomination of 
Lane. The Portland Denzocratic Standard labored 
earnestly for the election of Judge O. C. Pratt, but 
Lane ,vas destined to secure the prize and received 
the nC1l1ination fron1 t.he SalelTI convention, ,vhich ,vas 
a great disappointn1ent to Pratt's friends.:.I3 
Lane arrived in Oregon early in .April, and soon 
after the convention the calnpaign began, the \v higs 
anJ kno\v-nothings, or native AUlericans, uniting on 
Gaine
 and agaiu
t the de1110cracy. 
The nati ve An1ericans, it 111ay be here said, \vere 
largely dra\vn frolH the lnissionary and anti-I-Iudson's 
Bay COlnpany voters, ,vho took the opportunity fur- 
nished by the rise of the ne\v party to gi ye utterance 
to their long-cherished antipathies to\vard the foreign 
elenlellt in the settlen1ent of OreO'on. Son1e of thenl 
ð 
,yore Inen \v ho had n1ade then1sel yes odious to right- 
thiukillg people of all parties by their inten1perate 
zeal against foreign-born colonists and the catholic 
religion, basing their argu1l1ents for kno\v-nothing 


nalic:;t. 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 IS73 by L. Samuels, are Rambling Þlotf'S of Vlr/en Timps by Adams, 
in which are some striking pictures of the trials and pleasures of pioneer life, 
besides many othcr articles; but his principal work in life was done as editor 
of the paper he originated. 
22 Of the two papers started in 1830, the Star was removed to Portland 
in 1831, where it became tbe Times, edited first by 'Vaterman, and subse- 
quently by Hibhen, followed by Russell D. Austin. It ran until 1838 in 
the interest of the democratic party. JVest BhrJ'J"e, Jan. 1876. Austin mar- 
ried :Miss :l\Iary A. Collins of Holyoke, 
lass. Orf'[Jon Argus, Oct. 1:
, 183.3. 
23 Portlnnd Orrgonian, April 15, 1876. Another paper that came into 
being in IS3.3 was the Pa,cific Christian Advocate. It was first called the 
North Pacific Cltrlt;tian J/erald, and had for publishers A. F. 'Valler, Thos 
H. Pearne, p, G. Buchanan, J. R. Robb, and C. S. Kingsley, with 'rhos H. 
Pearne for manager. Hee Or. State,'iman, June 16, 1835. It soon afterward 
changed its name to Pacific Chritit'iwn Advocate, puhlished by A. F. "Taller, 
J, L. Parrish, J. D. Boon, C. S. Kingsley, and H. K. Hines, with Thos H. 
Pearne 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 he advised 
to purchase tbe p((cific Chr;.-;tian Advocate, alreaùy started, at $3,500, and 
to employ an eùitor with a fixed salary. 01.. and its Institutions, 107-8. 



358 GOVER

IE
T AKD GEXERAL DEYELOP
IENT. 


principles upon the alleged participation in the vVhit- 
111an rnassacre of the catholic priesthood. 24 
Anything like cant entering into Anlerican politics 
has al \vays proven a failure; and the delnocratic party 
,yere not too refi1)ed to give utterance to an honest 
disgust of the bigotry 'v hich attell1pted it in Oregon. 
The election resulted in the cOlllplete triumph of 
den1ocracy, Lane's majority being t\venty-one hun- 
dred and forty-nine. 2j There ,vere but four ,vhigs 
elected to the assenl bly, t,vo in each house. A deIl1- 
ocratic prosecuting attorney \vas elected in each judi- 
cial district. 
û The party had indeed secured every- 
thing it ailned at, excepting the vote for a Rtatc con- 
stitution, and that rneasure proll1ised to be soon se- 
cured, as the 111ajority against it had lessened n10re 
than half since the last election. 


In spite of and perhaps on account of the clon1- 
inance of den10cratic influence in Oregon, there ,vas 
a conviction gro\ving in the lninds of thinking people 
not goyerned by partisan feeling, ,,, hich ,vas in tirne 
to revolutionize politics, and bring confusion upon the 
111en \v ho lorded it so valiantly in these tilllCS. This 
,vas, that the struggle for the extension of slave ter- 
ritory ,vhich the southern states ,vere Inaking, aided 
and abetted Ly the national dClllocratic party, ,vould 
be rene\veù ,vhen the state constitution callIe to be 
fOrllled, and that they Blust be ready to 111eet the 
eUlergency. 
In vie\v of the danger that by some political jug- 
glery the door ,vould be left open for the adnlission 
of slavery, a convention of free-sailers ,vas called to 
ll1eet at Albany on the 27th of June, 1855. Little 
11lore ,vas done at this tilue than to pass resolutions 
24 Or. Am. Evang. Union'i.'1t, Aug. 2, 1848. 
25 Official, in Ur. State..,71ULn, June 30, 18;55. The TJ'ibune Almanac for 
185G gi\'es Lane's majority as 2,23;5. The entire vote cast was 10,121. There 
were believeù to be about 1l,lOO voters in the territory. 
26George K, Sheil in the 1st ùistrict; Thomas 
. Brandon in the 2d; R. E. 
Strattun in the 3d; anù 'v. G. T'Vault in Jackson county, which was al- 
lowed to constitute a district. 



. 


INDIAN AFFAIRS. 


359 


expressing the sentinlents and purposes of the men1- 
bers, and to appoint a cOlnnlÏttee to draft a p]atforln 
for the anti-slavery party, to be reported to an ad- 
journ
d uleeting to be held at Corvallis on the 31 st 
of October. 27 This was the beginning of a move- 
llleut in \vhich the A1'"g1.ls played an inlportant part, 
and \vhich resulted in the formation of the republican 
party of Oregon. I t ,vas the voice crying in the 
,yilùerness ,vhich prepared the ,yay for the victory of 
free principles on the N orth\vest Coast, and secured 
to the original founders of the Oregon colony the 
entire absence of the shado\v and blight of an insti- 
tution 'v hich \v hen they left their homes in the 
States the earliest ilnn1ÏgTations deterlnined to leave 
behind thetn forever. vVith regard, ho\yever, to the 
progress of the new party, before it had titHe to COIll- 
plete a furlllal organization, events had occurred in 
Oregon of so absorbing a nature as to divert the 
public mind fronl its contelnplation. 


I have already spoken of the round of visits \vhich 
Indian Superintendent Pahner lllade in 1854, about 
'v hich tilne he concluded SOlne treaties-none of those 
n1ade by Gaines ever having been ratified-\vith the 
Indians of the vVillan1ette Valley. 28 It ,vas not until 
October that he \vas aLle to go to the Indians of south- 


27 The committee were John Conner, B. F. 'Vhitson, Thomas S. Kendall, 
Origen Thomson, and J. P. Tate. (Jr. Argus, July 7, 185.'5. The members of 
this first anti-slavery meeting of Oregon were Origen Thomson, H. H. 
Hicklin, T. IS. Kendall, Jno. R. McClure, 'Ym T. Baxter, \Vilson BJain, Juo. 
McCoy, Samuel Hyùe, 'V. L. Coon, 'Vm Marks, 'V. C. Hicklin, H. F. 

IcCully, David Irwin, John Smith, Isaac Pest, J. \V. Stewart, G. \V. Lam- 
bert, J. B. }'orsyth, J. 
1. .McCall, John Conner, Thos Cannon, B. F. 'Vhit- 
son, \V. U. Johuson, Hezekiah Johnson, J. T. Craig, D, C. Hackley, S. R. 

lcClelland, Robert A. Buck, 
amuel Bell, J. P. Tate, U. H, Dunning. 
Alfred \\
heeler, Samuel Colver, D, H. Boùinn, 'V. C. Garwood, D. Bcach, 
Charles Ferry, J. F. Thompson, Milton B. Starr. 0'1". Argus, July 7, 1835. 
28 A treaty was made with the Tualatin band of Calapooyas for their land 
lying in \Vashington and Yamhill counties, for which they received $3,300 in 
goods, money, and farm tools; also vrovisions for one year, and anlluities 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 fanning, milling, blacksmithing, etc., were to be furnished with manual- 
labor schools for the chilùren. The provisions of all of Palmer's treaties were 
similar. 



360 GOVERKMENT AND GENERAL DEVELOP:\lEXT. 


ern Oregon ,vith the assurance that congress had rat- 
ified the treaties Inade at the close of the \var of 1853, 
\vith SOIlle alnendlnents to \v hich they consented son1e- 
\vhat unwillingly/9 but \vere pacified on receiving their 
first instahnent of goods. S. H. CuI vel' ,vas renloved, 
and George H. AU1brose made agent on the llogue 
River reservation. so By the 1st of February, 1855, all 
the lands bet\veen the Colulnbia Ri vel' and the SUl111nit 
of the Calapooya 
Iountains, and bet\veen the Coast 
and Cascade ranges, had been purchased for the United 
States, the Indians. agreeing to rernove to such local- 
ities as should be selected for them, it being the in- 
tention to place thern 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 o\vn lands, 
influenced Palmer to select a reservation on the coast, 
extending froln Cape Lookout on the north to a point 
half-\vay bet\veen the Siusla\v and U Inpqua rivers, 
taking in the \vhole country ,vest of the Coast Range, 
\vith all the rivers and bays, for a di
tance of ninety 
n1iles, upon \v hich the Willamette and coast tribes 
\vere to be placed as soon as the means should be at 
hand to ren10ve them. 
No attelnpt to treat with the Oregon tribes east of 
the Cascade l\Iountains for their lands had ever been 
111ade, and except the efforts of the missionaries, and 
the provisional government, for ,vhich White lnay be 
considered as acting, nothing had been done to bring 
thcln into friendly relations \vith the citizens of the 
United States. The Cayuse \var had left that tribe 


29 The amendment most objected to was one which allowed other tribes to 
be placed on their reservatiou, and which consolidated all the Rogue Ri\'er 
tribes. 
30 Palmer appears to have been rather arbitrary, but being like a by the 
authorities, in choosing between him and an agent whoLll ne disliked, they 
dismissell the agent without ilHluiry. Sub-ageut Philip F. Thompson of 
Umpf}ua having Jied, E, p, Drew succeeded him. Nathan Olney superselled 
Parrish. There remained }{, R. Thompson, 'Y. 'Y. Raymond, and \Villimn 
J. 1\1 
.rtin, who r
signed in the spring of 1855, and was succeeded by Robert 
B. 
Ietcalfe. These frequent changes were due, acconling to Palmer, to in- 
8ufficiell t salaries. 



TREATIES AND PURCHASE OF LANDS. 361 


imbittered to\vard the American people. Governor 
Stevens of Washington Territ
y, \vhen exploring for 
the Pacific railroad, in 1853, had visited and conferred 
with the tribes north and east of the Colunlbia con- 
cerning the sale of their lands, all of \"h0I11 professed 
a ,villingness to dispose of them, and to enter into 
treaty relations with the government. 31 Stevens had 
reported accordingly to congress, \v hich appropriated 
llloney to defray the expense of these negotiations, 
and appointed Stevens and Palnler commi8sioners to 
nlake the treaties. But in the mean time a year and 
a half had elapsed, and the Indians had been given 
tilne to reconsider their hasty expressions of friend- 
ship, and to indulge in many nlelancholy forebodings 
of the consequences of parting \vith the sovereignty 
of the country. These regrets and apprehensions \vere 
heightened by a kno\vledge of the Indian \var of 1853 
in Rogue River Valley, the expedition against the 1\10- 
docs and Piutes, and the expedition of l\Iajor Haller 
then in progress for the punishillent of the nlurderers 
of the 'Vard conlpany. They had also been inforlned 
by rumor that the Oregon superintendent designed to 
take a part of the country \vhich they had agreed to 
surrender for a reservation for the diseased and de- 
graded tribes of \vestern Oregon, \vhose presence or 
neighborhood they as little desired as the \vhite inhab- 
itants. At least, that is \vhat the Indians said of them- 
sel v es. 
A ware to SOlne extent of this feeling, Stevens sent 
in January 1855 one of his lllost trusted aids, J an1es 
Doty, alnong the Indians east of the lllountains, to 
ascertain their vie\vs before opening- negotiatiolls for 
the purcha
e of their lands. To Duty the Indians 
nuulo the SàIne professions of friend
hip and \villing- 
Hess to sell their country \vhich they had Inade to 
Stevens in 1853; and it ,vas 30'reed to hold a O"eneral 
() 0 
council of the Yakiluas, Nez Percés, Cayuse8, WalIa, 


31 I. T. SteV{}}lf;:, in Ind. AjJ. Rept, 1854, 184, 248; U. S. /1. Ex. Doc. 5:5, 
2, 33d congo 1st sess. 



362 GOVERNl\iENT AND GENERAL DEVELOP:
IENT. 


Wallas, and their aBies, to be convened in the WalIa 
'Valla Valley in l\Iay. The place of llleeting ,vas 
chosen by Kamiakin, head chief of the Yakinlas, be- 
cause it ,vas an ancient council-ground of his people, 
and everything seemed to promise a friendly confer- 
ence. 
A large amount of money ,vas expended in Indian 
goods and agricultural implements, the customary 
presents to the head lllen on the conclusion of treaties. 
These \vere transported above The Dalles in keel 
boats,32 and stored at Fort Walla WalIa, then in 
charge of James Sinclair of the Hudson's Bay Com- 
pany. A l1lilitary escort for the con1missioners ,vas 
obtained at Fort Dalles, consisting of forty dragoons 
under Lieutenant Archibald Gracie,33 the company 
being auglnented to forty-seven by the addition of a 
detachment under a corporal in pursuit of SOllle Indian 
lllurder6rs whom they had sought for a week ,vithout 
finding. 
On the 20th of May the comnlissioners, ,vho had 
ha
tened for\vard, arrived at Walla Walla, and pro- 
ceeded to the council-grounds about five 111iles from 
Waiilatpu/ 4 ,vhere the encampment was Inade before 
the escort arrived. 35 The Indians, ,vith their accus- 


32 Stevens speaks of this as the opening of navigation above The Dalles. 
They were succeeded, he says, by sailing vessels of 60 tons freight, and soon 
by a steamer. Pac. R. R. Rept, xii. 196-7. 
33 Lieut Lawrence Kip, of the 3d artillery, who accompanied Gracie on 
this occasion as a guest and spectator, afterward published an account of the 
expeùition and transactions of the commission, under title of The Indi(tn 
Council at TValla TVa/la, San Francisco, 1833, a pleasantly told narrative, in 
which there is much correct information, anù some unimportant errors con- 
cerning mission matters of which he had no personal knowledge. He gives 
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 tlie 
Expedition against the Northern Indians in the SLImmer of 1858, New York, 
1839, in which the author seeks to defend the anny officers from aspersions 
cast upon them in the newspapers, and e\Ten 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, If). 
3a 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 PO"\VWO'V. 


363 


tomed dilatgriness, did not begin to come in until the 
24th, when La,vyer and Looking Glass of the Nez 
Percés arrived ,vith their delegation, and encanlped 
at no great distance froln the c0111Dlissioners, after 
having passed through the fantastic evolutions, in 
full \var costurne, sonletimes practised on such occa- 
sions. 36 The Cayuses appeared in like manner t\VO 
days later, and on the 28th the Yakinlas, ,vho, ,vith 
others, luade up an assen1blage of bet\veen four and 
five thousand Indians of both sexes. An attempt 
,vas nlade on the day follo\ving to organize the coun- 
cil, but it ,vas not until the 30th that business was 
begun. 
Before the council opened it beca1ne evident that a 
11lajority of the Indians 'v ere not in favor of treating,37 
if indeed they ,vere not positively hostile to the peo- 
ple represented by the commissioners; the Cayuses in 
particular regardiug the troops \vith sco\vls of anger, 
,yhich they n1ade no attempt to conceal. Day after 
day, until the 11th of June, the slo\v and reluctant 
conference ,vent on. The chiefs made speeches, ,vith 
that 111ixture of business shrewdness and savage poetry 
,vhich renders the Indian's eloquence so effective. 38 


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 
ba\Te equalled its picturesqueness. 
36S ee IJÙ;t. Or., i. 130-1, this series. 
3i Kip's Indian Council, 21. 
38 The chief of the Cayuses thought it was wrong to sell the ground given 
them by the great spirit for their support. ' I wonder if the ground has any- 
thing to say? I wonder if the grounù is listening to what is said...I hear 
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. 'Ve 
ha\Te these names and hold these names. Neither the Indians nor the whites 
have a right to change these names." The ground says, "The great spirit 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, 
aud 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, 2
-ß. In this argument was an attempt 
to enunciate a philosophy equal to the white man's. It ended, as all savage 



364 GOVERN
lENT AND GENERAL DEVELOP)lENT. 


The con1111issioners exhausted their store of logic in 
convincing their savage hearers that they needed the 
benefits of the culture \vhich the \yhite race could iln- 
part to then1. Over and over again, the n10tives of 
the treaties and the treaties then1selves ,vere eXplained 
in the nlost painstaking n1anner. The fact ,vas patent 
that the Indians 111eant to resist the invasion of their 
lands by the people of the United States. The 
Cayuses \vere against any sale. O\vhi, chief of the 
U lllatillas, and brother-in-law of Kan1Ïakin, \vas op- 
posed to it. Peupeumoxmox, usually so crafty and 
non-col1llnittal, in this TIlatter was decided; ICan1Ïakin 
,voultl have nothing to do \vith it; Joseph anJ Look- 
ing Glass ,vere unfriendly; and only La\vyer con- 
tinued firrn in keeping his ,vord already pledged to 
Stevens. 39 But for him, and the numerical strength 
of the Nez Percés, 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 SOlne of his o\vn nation aln108t eq ually, especially 
Joseph, ,vho refused to sign the treaty unless it se- 
cured to hirll the valley ,vhich he claimed as the hon1e 
of himself and his people. 40 Looking Glass, ,var 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 OIl end. lie 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!' 
4oConcernillg the exact locality claimed by Joseph at this time as his home, 
there has been much argument and investigation. A t the beginning of this 
history, Joseph wa81iving uear Lapwai, but it "is said he was only there for 
the purpose of attending 
palJing's school; that his father was a Cayuse, VdlO 
had two wives, one a N 0Z Percé, the mother of Joseph, and the other a Cay- 
use, the mother of Five Crows; that Joseph was born on Snake !liver, llear 
the mouth of the Granel Rond where his father lived, and that after the 
Lapwai mission was abandoned he went back to the mouth of the Grand 
!lond, where he died in 1871. These facts are gathered from a letter of 
Indian Agent J no. E. 
Ionteith to H. Clay ,V ood, and is contained in a. 
pamphlet published by the latter, called The Status of Yountl Joseph and Ids 
Band of :Néz Percé lndiuns under the Treaties, etc., written to settle the 



RETIRING ABORIGINALS. 


365 


of the Nez Percés, sho\ved his opposition by not com- 
ing to the council until the 8th, and behaving rudely 
,vhen he did conle. 41 Up to ahnost the last day, 
Pahner, \vho had endeavored to obtain the consent of 
the Indians to one con1n10n reservation, finding theln 
detern1ined in their refusal, finally offered to reserve 
lands separately in their own country for those ,vho 
objected to going upon the Nez Percé reservation, 
and on this proposition, harmony ,vas apparently re- 
stored, all the chiefs except Kamiakin agreeing to it. 
The haughty Yakima \voulJ consent to nothing; but 
when appealed to by Stevens to make kno\vn 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 Percés. 'Vood's 
pamphlet, which was written by the order of department commander Gen. 
o. O. HO\vard, furnishes much valuable information upon this rather obscure 
subjcct, 'Yood concludes from all the evidence that Joseph was chief of the 
uppcr or Ralrnon RhTer branch of the Nez Pcrcés, and that his claim to the 
\Vallowa Valley as his especial home was not founded in facts as they existed 
at the time of the treaty of 1835, but that it was 'possessed in common by the 
Nez Percés as a summer resort to fish.' As the reservation took in both si(les 
of the Snake River as far up as fifteen miles below the mouth of Powder 
Riycr, and all the Salmon River country to the Bitter Root J\lountains, and 
beyond the Clearwater as far as the southern branch of the Palouse, the west- 
ern linc bcginning a little below the mouth of Alpowa Creek, it included all 
the lands ever claimed by the Nez Percés since the ratification of the treaty, 
much of which was little known to white men in 1855, and just which portion 
of it was r
serveù by Joseph is a matter of doubt, though Superintendent 
Palmer spoke of Joseph's band as 'the Salmon River band of the Nez Perces.' 
JVood's Young Joscph and the Treaties, 35. 
Joseph had perhaps other rcasons for objecting to Lawyer's advice. He 
claimed to be descenùed from a long line of chiefs, anù to be superior in rank 
to Lawyer. The missionaries, because Joseph was a war chief, and because 
Lawyer exhibited greater aptituùe in learning the arts of peace, endeavored 
to build up Lawyer's influence. 'Vhen """hite tried his hand at managing 
Indians, he appointed over the Nez Percés a head chief, a practice which had 
been ùiscontinued by the advice of the Hudson's Bay Company. On the 
death of Ellis, the head chief, whose superior acquirements had greatly 
strengthened his influcnce with the Nez Percés, 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 thc Nez Percés as to whom they should treat with for 
the nation. This was good ground for jealousy and discord, and a weighty 
reason why J oscph shoulù not readily consent to the advice of Lawyer, even 
if there were 110 other. 
41 Cram says that Lawyer and Looking Glass had arranged it between 
them to cajole the commissioners; that the suddcn 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 realizt:d. In these reApects 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 inUJ;ed to the 
whites.' Top. Jlem., 84. 



366 GOVERN
IE
T AND GENERAL DEVELOP
IENT. 


,vishes, only aroused frorn his sullen silence to ejacu- 
late, "What have I to say?" This ,vas the nlood of 
the Indians on Saturday, the 9th; but on l\Ionday, the 
11 th, every chief signed the treaties, including !(an1ia- 
kin, \v ho 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 tern1ina- 
tion of the conference. 42 
The Nez Percés agreed to take for their lands 
outside the reservation, \vhich ,vas alnple, $200,000 
in annuities, and ,vere to be supplicd besides \vith 
mills, schools, n1Ïllers, teachers, mechanics, and every 
reasonable aid to their so-called improvenlent. The 
Cayuses, Walla 'Vallas, and U 111atiHas \vere united 
on one reservation in the beautiful U lllatilla country, 
where claims ,vere already beginning to be taken Up.43 
They ,vere to receive the same benefits as the Nez 
Percés, and $150,000 in annuities, running through 
t\venty years. The Yakin1as agreed to take $200,000, 
and \vere granted t\VO schools, three teachers, a nUlll- 
ber of mechanics, a farmer, a physician, millers, and 
mills. 44 By an express provision of the treaties, the 
country en1braced in the cessions, and not included in 
the reservation, was open to settlement, except that 
the Indians were to renlain in possession of their im- 
provements until ren10ved to the reservations, ,vhcn 
they,vere to be paid for then1 ,vhatever they \vere 
worth. When the treaties were published, particular 
attention 'vas called to these provisions protecting the 
Indians in the enjoyment of their hornes so long as 
they \vere not re
oved by authority to the reserves. 


42 Kip's Army Life, 92; Ste'vens, in U. S. Sen. Ex. Doc. 66, 24, 34th co.og. 
1st sess. 
43 One 'Vhitney was Jiving about a mile from the crossing of the Umatilla. 
River with \Villiam :McKay, on a claim he was cultivating, belonging to the 
latter. Kip's Indian Council, 29. This \Yilliam 
IcKay was grandson of Al- 
exander McKay of Astor's company. He resided in eastern Oregon almost 
continually since taking this claim on the Umatilla. 
44 Palmer's JVa!]on Trains, MS., 51; Or. StateÆmnll, June 30 and July 21, 
18.3.); Pu!]et Sound Ilerald, l\Iay 6, 1839; JVood's Young Joseph and the Trpa- 
ties, 10-12; Pendlfton Tribune, 
Iarch 11, 1874; S. }
 .Alta, July 16, 1835; 
Sac. Union, July 10, 1835. 



GOOD BARGAINS. 


3G7 


And attention \vas also called to the fact that the Ind- 
ians \vere 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 thelll 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, ancl agents appointed for the different reser- 
vations,45 the troops returned to The Dalles. That 
night the Indians held a great scalp-dance, in ,vhich 
150 of the ,vornen took part. The follo\ving day they 
broke up their encan1pments and returned to their sev- 
eral habitations, the comn1issioners believing that the 
feelings of hostility ,vith \vhich several of the chiefs had 
con1e to the council ha.d been assuaged. On the 16th 
Stevens proceeded north-east\vard, toward the Black- 
foot country, being directed by the government to make 
treaties ,vith this warlike people and several other 
tribes in that quarter. 
Palmer in the mean tin1e returned to\vard The 
Dalles, treating \vith the John Day, Des Chutes, and 
Wascopan Indians, and purchasing all the lands lying 

et\Veèn the summit of the Cascade Range and the 
waters of Po\vder River, and between the 44th paral- 
lel and the Columbia River, on terms similar to those 
of the treaties made at W aHa Walla. A reservation 
,vas set apart for these tribes at the base of the Cas- 
cades, directly east of J\fount Jefferson, in a \vell 
\vaterecl and delightful location, 46 including the Tyghe 
Valleyand some warm springs from which the reserve 
has been nan1ed. 
Ilaving accomplished these important objects, the 
superintendent returned home ,veIl 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 'V. H. 
Tappan for the Nez Percés. 
4b Ind. Ajf. /lept, 1837, 370; Letter of Palmer, in Or. Statesman, July 21. 
1855; P'llget Sound II era
d, :May 6. 1859. 



368 GOVERNMENT AND GENERAL DEVELOP1tIENT. 


The Nez Percés after\vard declared that during the 
council a scheme had been on foot, originating \vith 
the Cayuses, to massacre all the white persons present, 
including the troops, the plan only failing through the 
refusal of La\vyer's party to join in it, \vhich statement 
may be taken for \vhat it is \vorth. On the other hand, 
it has been asserted that the treatiës \vere forced ;41 
that they were rashly undertaken, and the Indians not 
listened to; that by calling a general council an oppor- 
tunity \vas furnished for plotting; that there \vere too 
fe\v troops and too little parade. 43 However this Inay 
be, \var followed, the history of \vhich 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 tlle Treaties. 
t8 Tolmie's Hist. Puget Sound, 118., 37; Roberts' Recollections. IVIS., 95. 



CHAPTER XV. 


FURTHER I
DIAN WARS. 


1855-1856. 


INDIAN AFFAIRS IN SOUTHERN OREGON-THE ROGUE RIVER PEOPLE-Ex- 
TER:\IINATION ADVOCATED-
IILITIA COMPANIES-SURPRISES AND SKIR- 
MISHES-RESERVATION AND FRIENDLY ISDIANS PROTECTED BY THE U. 
S. GOVERNMENT AGAINST 
lINERS A
D SETTLERS-
loRE FIGHTING- 
VOLUNTEERS AND REGULARS-BATTLE OF GRAVE CREEK-FoRMATION 
OF THE NORTHERN AND SOUTHERN BATTALIONS-AFFAIR AT THE 
:MEADOWS-RANGING BY THE VOLUNTEERS-THE BEN WRIGHT MAS- 
SACRE. 


BEFORE midsulnmer, 1855, war was again brewing 
in southern Oregon, the Applegate Creek and Illi- 
nois Valley branches of the Rogue River nation be- 
ing the in1mediate cause. On one pretence or an- 
other, the former spent ITJuch of their tinle off the 
reservation, and in June made a descent on a mining 
camp, killing severallnen and capturing considerable 
property; \vhile the murder of a white man on Ind- 
ian Creek ,vas charged to the latter, of ,,,horn a party 
of volunteers went in pursuit. 
On the 17th of June a conlpany 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 
Dowpll's Ure[Jon Indian fVars, 
lS., 1-3. This is a yaluable compilation of 
original documents and letters pertaining to the wars of 18.35-6 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 IVarB; 
IlIBT. On., VOL. II. 2i ( 369) 



370 


FURTHER INDIAN 'V ARS. 


the first n10vement tO
Nard the reorganization of Dlil- 
itary companies since the treaties of Septell1ber 1853.
 
JCnowledge of these things conling to Alubrose, in 
charge of the reservation Indians, Sn1ith of 
'ort 
Lane started off with a cOlllpany of dragoo
1s, and 
eollecting nlost of the strolling Indians, hurried thelll 
upon the reservation. Those not brought in ,vere 
pursued into the mountains by the volunteers, and 
one killed. The band then turned upon their pursu- 
ers, and wounding several horses, killed one 111::1,11 
nau1ed Philpot. Skirluishing ,vas continued for a 
\veek with further fatal results on both sides. 3 
A party of California volunteers under \Villialll 
l\fartin, in pursuit of hostile Indians, tra.ced certain of 
then1 to the Rogue River reservation, and l11ade a de- 
111and for their surrender, to \vhich C0l11lnander S1nith, 
of Fort Lane, very properly refused conlpliance. Let 
the proper authorities ask the surrender of Indians 
on a crinlinal charge, and they should be forthcon1- 
ing, but they could not be delivered to a mere volun- 
tary assemblage of men. After\vard a requisition was 
nlade from Siskiyou county, and in November t\VO 


Scrap-Book; Letters; Biographies, and various pamphlets which contain al- 
most a complete journal of the events to which this chapter is devoted. 
BenjanJin Franklin Dowell emigrated from New Franklin, 1\10" in 1850, 
taking the California road, but arriving in the 'Villamette Valley in Nov. 
He had studied law, but now taught a school in Polk county in the summer 
of 18:)}, and afterward in the \Valdo 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, 'V. Nesmith at his 
mms in Polk county at 10 cents per lb., and sold it in the milJes at 81 and 
$1.2.3. He bought hutter at 50 cents per lb., and sold it at $1.50; salt at 15 
Cc.'uts per lb., and sold it at $2 and S:3 per lb., and other articles in propor- 
tion. 'Vhen ScottsLurg became the base of supplies, il1stea(lof the 'Villa- 
mette Valley, he traded between that place and the mines. 'Vhen 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 Ur. Arflu.
, June 16, 1855; Sac. Union, June 12, 1855; S. F. Chronicle, 
June 15, 18.33; 8. F. Alla, June 18, 1855. 
3 A bottle of whiskey sold by a white man to an Indian on the 2Gth of 
July caused the dea.ths, besides several Indians, of John Pollock, \Yilliam 
Hcnnessey, Peter Heinrich, Thomas Gray, John L. Fickas, Edward Parrish, 
F. D. 
Iattice, T. D. :Mattice, Raymond, and Pedro. Dowt'll'... Or. llid. JVa,rs, 

IS., 39; Or. Argul:;, Aug. 18.")5, 18; S. F. Alta, Aug. 13 and 31, 1835. 



ROGUE RIVER TROUBLES. 


371 


Indians ""ere arrested for murder on the reservation, 
and delivered Up. 4 


On the 2Gth of August, a Rogue River Indian shot 
and ,,",ounded James Buford, at the nlouth of Rogue 
River in the Port Orford district, then in charge of 
Ben \Vright, who arrested the savage and delivered 
him to the sheriff of Coos county. Having no place 
in 'v hich to secure his prisoner, the sheriff delivered 
hill} to a squad of soldiers to be taken to Port Orford; 
hut ,vhile the canoe in which the Indian ,vas seated 
"rith bis guard was passing up the river to a place of 
encampnlcnt, it ,vas follo\ved by Buford, his partner, 
IIa\vkins, and O'Brien, a trader, who fired at and 
killeJ the prisoner and another Indian. The fire ,vas 
returneù by the soldiers, who killed t\VO of the nIen, 
and 1110rtally ,vounded the third. 5 
The excitement over this affair ,vas very great. 
Threats by the miners of giving battle to the troops 
,vere loud and vindictive, but the n10re conservative 
prevailed, and no attack was nlade. The savages 
,vere aroused, and lllatters gre\v daily ',",orse. 6 
Agent Alnbrose ,vrote several letters ,vhich ap- 
peared in the States1nan, over the signature of 'A 
1\liner,' in one of 'v hich, dated October 13th, he de- 
clared that no fears were to be entertained of an out- 
break of the Rogue River Indians, affirlning that 
they were peaceably disposed, and had been so 


· These particulars are found in a letter written by 'Villiam Martin to C. 
S. Drew, and is containcd in Dowell's collection of original documents of 
the Or. Ind. JVar.'1, .MS., vol. ii., 3:!-9. 
5 Letter of Arayo, in Or. State.<;mrm, Sept. 22, 185,3; Sac. Union, Sept. 12, 
18.35; 000.<) Bay J.1Iail, in Portland Standard, Feb. 20, 1880; Id., in S. Jt
 Bul- 
letin, Feb. ß, 1880. 
6S ce .1Vir.hols' Rogue River 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 
borRes. Two others were wounded and ohliged to retreat. About the last 
of the month, Calvin Fields of Iowa, and John Cuningham of Sau,pé Island, 
Oregon, were killeù, and Harrison Oatman and Daniel Britton wounded, 
while crossing the Siskiyou :Mountains with loaded wagons drawn byeigh- 
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 ,V ARS. 


. 


throughout the summer. " God kno,vs," he said, "I 
\vould not care ho\v soon they ,vere all deaù, and I 
believe the country would be greatly benefited by it; 
but I aln tired of this senseless railing against Cap- 
tain SU1itb and the Indian agent for doing their duty, 
oLeying the la\vs, and preserving our valley fronl the 
horrors of a ,var ,vith a tribe of Indians 'v ho do not 
desire it, but ,vish for peace, and by their conduct 
have shown it." 
To prevent the reservation Indians froil1 being sus- 
pected and punished for the acts of others, Superin- 
tendent Palu}er issued an order October 13th that 
the Indians ,vith 'v horn treaties had been madc, and 
\\T ho had reservations set apart for theIn, should be 
arrested if found off the reservations without a per- 
n1Ît fronl the agent. Every 111:11e over t\vel ve years 
of age must ans\ver daily to the roll-call. Early in 
October it became kno,vn that a party of \vandering 
Indians were enca111ped near Thonlpson's Ferry, on 
Rogue River, and that alnong thelll ,vere SOllle sus- 
pected of annoying the settlers. A volunteer C01n- 
pany of about thirty, under J. A. Lupton, proceeded 
at a very early hour of the morning of October 8th to 
the India.n camp at the 1110uth of Butte Creek, and 
opened fire, killing twenty-three and wounding many. 
The Indians returned it as well as they ,vere able, 
and succeeded in killing Lupton, and in ,vounding 
eleven others. 7 When daylight came it ,vas found 
by the mangled bodies that they 'v ere 1110stly old 
111en, WOlDen, and children, whonl these brave Incn 
had been butchering I The survivors took refuge at 
the fort, where they exhibited their \vounds and 
111ade their larnentatfons to Captain Smith, \vho sent 
his troops to look at the battle-field and count the 
slain. I t was a pitiful sight, and excited great in- 
dignation al110ng the better class of white men. 8 
'1 Among them Shepard, Miller, Pelton, Hereford, Gates, and 'Villiams. 
Letter of C. S. Drew, in Dowell's Or. Ind. Wars, 
lS., 29; Nottarts, in Or. 
StalRxman, Oct. 27, 1855; Nichols'Ind. .Affairs, MS., 20. 
sCram's Top. Mem., 44; Letter oj Palmer to General JVool, in U. S. If. 



SOUTHERN OREGON ABLAZE. 


373 


On the lllorning of the 9th of October the Indians 
appeared in the upper part of the Rogue River'Tal- 
ley in considerable nun1bers. They \vere first seen at 
J e\vett's ferry, \vhere during the night they killed t\VO 
lJICn in charge of a train and wounded another. 
After firing upon J e\vett's house, they proceeded to 
Evans' ferry about daybreak, \vhere they 1110rtally 
"rounded Isaac Shelton of the \Villamette Valley on 
his way to Y reka. Pursuing their \vay do\vn the val- 
ley to the house of J. K. Jones, they killed him, 
\vounded his \vife so that she died next day, and 
burned the house after pillaging it. Fron1 thel
e they 
\vent to Wagoner's place, killing four Inen upon the 
\vay. '\Vagoner had a short tilne before left hOl1le 
to escort 
Iiss Pellet, a ten1perance lecturer froll1. 
Buffalo, N e\v Y ork,9 to Sailor Diggings, \vhere she \vas 
to lecture that evening. 1\lrs Wagoner \vas alone 
\vith her child four years of age, and bot.h 'v ere burned 
in the house. They next proceeded to the house of 
George \V. Harris, \vho seeing their approach, and 
judging that they n1eant mischief, ran into the house, 
seized his gun, and fired t\VO shots, killing one and 
\vounding another, when he received a fatal shot. 
Iris \vife and little daughter defended themselves \vith 
great heroisn1 for twenty-four hours, ,,,hen they,vere 
rescued by 
Iajor Fitzgerald. And there ,vere Inany 
other heroic 'VOlnen, \vhose brave deeds during these 
savage ,val'S of southern Oregon lllust forever remain 
unrecorded. 1o 
As soon as the ne\vs reached Jacksonville that the 
Rogue River settlen1ents \vere attacked, a company 
of 80111e t\venty 111en hastened to take the trail of tho 
Indians do,vn the river. An express \vas despatched 


Ex. Doc. 93, 112, 34th congo 1st sess.; Sober Sen.se, in Or. State.qman, Oct. 27, 
18.3.); Letter of Jrool, ill U. S. Sen. Ex. Doc. ûü, 59; 34th cong. 1st sess. 
9 Ur. A 1"0118, Sept. 29, 1835. 
10 See Californi[t Inter Pocula, tbis series, passim. 'It was stated théì.t 
J\1rs Harris, 'when relieved, was so marked ,vith powder and hlood as to he 
hardly reco3nizaLlc,' 0,.. Slalt>8man, l\Ial'ch 3, lS'::;û. 
1rs Harris afterward 
marricd Aaron Uhamhers, who camc to Oregon in lS,)
, was much respected, 
anù died ill lööO. Jac/,;sollville u,.. Se1Ltiuel, 
ept. 18, It)û9. 



374 


FURTHER INDIAN 'V AIlS. 


to Fort Lane, to Captain Snlith, ,vho sent a detach... 
nlent of fifty-five 1110unted ll1èn, under l\fajor Fitzger- 
ald, in pursuit of the savages. 11 
The volunteer and regular forces soon con1bined to 
follo,,', and if possible to have battle \vith the Indians. 
Passing the bodies of t.he slain alJ along their route, 
they carne to Wagoner's place, ,vhere thirty of the 
savages \vere still engaged in plundering the prernises. 
On the appearance of the volunteers, the Indians, 
yelling and dancing, invited thenl to fight,t2 but ,vhen 
the dragoons canle in sight they fled precipitately to 
the lllountains. After pursuing for about t\VO miles, 
the troops, ,,,hose horses ,vere jaded fron1 a night 
III arch of t.\venty-five nliles, being unable to overtake 
thenl, returned to the road, 'v hich they patrolled for 
SOllIe hours, lllarching as far as Grave Creek, after 
,vhich they retired to :b-'ort Lane, having found no Ind- 
ians in that direction. 13 The volunteers al
o returned 
h01ne to effect n10re c01l1plete organization before Ull- 
dertaking such arduous warfare against an in1placable 
foe ,y ho they no\v ,vere assured was before thern. 
There ,vere other parts of the country 'v hich like\vise 
required their attention. 


About the loth of October, Lieutenant Kautz left 
Port Orford with a srnall party of citizens anJ sol- 
diers to exan1Ílle a proposed route fronl that place to 
Jacksonville. On arriving at the big bend of Rogue 
Hi vel', about thirty 111iles east fron1 Port Orford, he 
found a party of settlers much alarnled at a threatened 


11 At that very moment an express was on its way from V:1ncouver to Fort 
Lane, calling for :l\1ajor Fitzgerald to reënforce l\lajor Haller in the Yakima 
country. Or. Statesman, Oct. 20, 1855. Peupeumoxmox was threatening 
the 'V ana 'Valla Valley, anù the Inùians on Puget bound preparing for the 
blow which they were to strike at the white settlements two weeks latcr, a 
coillci(lence of m"ellts significant of combination among the Indians. Dowell's 
Letters, 1\18., 33; Grover's Pub. Life, :MS., 74; A utob-iofJ. (if 11. u. Hll
ton, in 
Brown's Or. J.1nsc., 1\IS., 48; Dou.ell's Or. Iud. JVar, 1\18., :33-9; O'}'. Ar[/llS, 
Oct, 27; Evans' Pou'}.th of July 
lddr()s8, in .1Vew Tacoma Ledger, July 9, 1880. 
12 llaye.-;' Ind. SCra}J8, v. 143; Yre'L'a Uuion, Oct. 1833. 
13 Thrce men were killeù on Grave Creek, l
 miles below the road, on the 
night of the 9th. J. JV. Drew, in 07'. Statesman, Oct. 20, 1835. 



NOTABLE SAVAGES. 


375 


attack fron1 Applcgate Creek. I(autz returned to the 
fort for a better supply of arrn
 and an1IDunition, in- 
tending to resist the ad vance of the hostile party, 
should he fall in ,vith it. A fe\v days after resun1Ïng 
hi:s n1arch he ,vas attacked by a portion of the band, 
losing five of his n1en, t\VO soldiers and three citizens. 
Thc Indians ,vere only prevented fronl securing a 
considerable aillount of arnn1unition by the precaution 
of I(autz in unloading the pack-n1ules at the begin- 
ning of the battle. He \vas able to secure an orderly 
retreat ,vith the retnainder of his party.14 The only 
Indians in the ,vhole country, from Yreka to the 
Uu}pqua cañon, ,vho could be regarded other than 
ene1nies \vere those under Rogue River Sam, ,,,,ho 
since the treaty of ] 853 had kept faith \vith the 
\vhite people; the Shastas, the natives of Scott \T al- 
ley, and Hlany of the people about Grave and CO\V 
creeks, and the U rnpquas being concerned in the ,var, 
in \\7 hich the Sha
tas ,vere principal
, under the leaJ- 
e
ship of Chief John. The I(laillaths were also h08- 
tile. 15 
To meet a 
avage enemy, ,veIl arn1ed and prepared 
for \var, kno\ving every lTIountain fast
e
s, and having 
always the advantage of chosen posItIons, was not 
practicable with anything like equal nurnbers. Esti- 
Inating the fighting 111en of the enemy at no lTIOre than 
400, it ,vould require three or four times that nun1ber 
to engage then1, because of their ability to appear un- 
expectedly at several points; at the SalTIe titne to dis- 
appear as rapidly; and to 'v ear out the horses and 1Hen 
of the \v hi to forces in follo,vi ng thclu. The arined 
111en that \vere lllustered in lloO'ue River Vallev be- 
ð of 
t\veen the 9th aud 11 th of October alIlounted to only 
about 150, not frot11 any ,vant of courage, but frolH 
\vant of arllls. 16 N u attenlpt at permanent orgalliza- 
14 TIenry's Rogue Ri-l,er JV(tr Speech, 14. 
lj Letter of Ambrose to Palmer, in U. S. II. Ex. Doc. 93, G2-65, 34th cong. 
1st sess. 
16 Says Aml)rose: 'As in the war of 1833, the Indians have all the guns in 
the country. Those Indians have each a good rifle and revolver, and are 
skilful in the use of them.' 



376 


FURTHER INDIAN WARS. 


tion ,vas nlade by the territorial militia before the 
12th, the arrned"' con1panies 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 la,v8 of the 
territory18 by ordering J aines H. Russel, lllajor of the 
9th regiment, to report to hill1 imnlediately. Soule of 
the captains of the lî1ilitia ,vere already in the fielll; 
other cOITIpanies ,vere headed by anyone 'v ho had the 
spirit of a leader. These on application of the citizens 
of their neighborhoods ,vere duly COlll111issiolled. 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 caîíon, fh-e 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 maùe a scout down 
Gra\'e 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 IUnearson's company haclno 
other weapons than pistols. A. G. lIenry, in Or. Statesman, Oct. 20, 18.).). 
The troops in southern Oregon at this time were two full companies of dra- 
goons at Fort Lane under Smith and Fitzgerald, and sixty-four infantry at 
'Vinchéster, in the Umpqua Valley, under Lieut Gibson, who had been es- 
cortin
 'Villiamson on his survey of a railroad route from the Sacramento to 
the 'Yillamette 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 reënforce 
lajor Rains at The Dalles; hence 
one company of dragoons and one of iufantry 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 Dowell's Or. Ind. JVars, 
IS., 
vol. i. 4.3, 47, 53. 
. m
l. C. Barkwell wrote Ambrose that at his request R. L. \Villiams 
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 lthoda, Lucius D. Hart, S. :Matthews, Charles F. \\'il. 
son, Elias \Vinkleback, S. P. Duggan, John 110rrow, Allen Knapp, ,Yo H. 
B. Dou 6 1as, ''''m Lane, J. T. :ßIaun, Geo. H. Grayson, R, T. Brickley, J. II. 
Huston, L. Coffey, H. Kaston, John J\Iurphy, ß. B. Brockway, A. L. 8cott, 
Geo. 'V. Comegys, James C, Castleman, D. D. Drake, John R. Hale, E. R. 
Crane, Alden 'Vhitney, Joshua Harlan, S. II. Harper, J\1. P. Howard, R. So 
A. Colwell, George Lake, Thomas Lake, George Koblence, Jacob llalldbush, 
l)eter Colean, U. 8. Barr, 'Vllliam Lance, Hobert Rose, N. D. l)almer, James 
1101(', E. D. Cohen, Sigmund Heilner, 'Vm Chapman, John E. Post, John 'V. 

Ierideth, A. l\lore, Thos ]!'ord, and Gilharts. Dowell's Or. Ind. JVan;, 
IS., 
vol. i. :33-5. 
The white men of Phænix mills, Illinois Valley, of Deer Creek, and Galice 
Creek also petitioned for permission to raise companies for defcnce, and the 
outlying settlements prayell for armeù guards to be sent them. The petition 
from Phænix mills was signcd by S. 
1. \Vaite. S. Colver, Joseph Tracy, 
Jarius F. Kennedy, 1'1. 
1. 'Viiliams, and J. Fr. Gray; that frOUl Illinois Val- 
ley and Deer Creek by John D. Post, 'Villiam Chapman, G. E. Briggs, J. N. 



GENERAL UPRISING. 


377 


'\There the people in ren10te or isolated situations 
asked for arllled guards, a fe\v lnen \vere deRpatched 
to those localities as soon as they could be arrneJ.20 
T\vo youn
 \VOIDen, l\Iiss Hudson and Miss Wilson, 
having been nlurdered 21 while travelJing on the Cres- 
cent City road, October lOth, A. S. Welton ,vas as- 
signed iÍle duty of keeping open a portion of that 
high,vay, over ,vhich ,vas carried ll10st of the goods 
,vhich entered the Illinois and Rogue River valleys 
at t.his tin1e; guards being also afforded to pack-trains 
on the various routes to prevent their capture by the 
Indians. Considering the obstacles to be overCOlne, 
and the nature of the service, the organization of the 
9th regilnent ,vas remarkably expeditious and COll1- 
plete, and its operations ,vere ,veIl contI ucted. 
The first engagenlent between the volunteers and 
Indians ,vas on l{ogue River, ,vhere \V. B. Le\vis of 
con1pany E ,vas encanlped on Skull bar, a short dis- 
tance belo,v the lnouth of Galice Creek. Scouts re- 
ported the enenlY near, and evidently preparing an 
attack. In carnp ,vere all the miners trOll] the dig- 
gings in the vicinity, including nine Chin anI en, ,vho 
had been robbed and driven froln their clai n18, and 
several Indian women and boys ,vho had been cap- 
tured. 
The bar is on the south side of the river, \vith a 
high lllountain in the background, covered \vith a 
dense gro\vth of hazel and young firs. Around the 
calup for son1e distance the thickets 'v ere cut a\vay, 
so as to afford no harbor for lurking savages, and a 
Knight, A. J. Henderson, \Yilliam B. Hay, L. Reeves, Joseph Kirby, R. T. 
OMs, 
alllucl \Vhite, \Yilliam E. Randolph, Frederick Rhoùa, L. D. Hart, 
AlexLlu(ler 
lcBride, C. C. Luther, K Scott, O. E. Riley, J. T, L. 1\1ills, and 
COltillcll. On the 2Gth a company 'was organized in Illinois Valley. Orrin T. 
Root was chosen captain, alld sent to Jacksonville for his commission. In 
this way most of the companies were formed. 
200U the 5th of Nov. Ross orùered (;ardner with 10 men to protect 
Thompson's place on Applegate Creek. F. R. Hill was ordered to raise a 
company for Grave Creek, etc. 
21 Evrtll-';' Protection to Immigrant8, 59. This is a compilation of docu- 
ments on the snhject of the protection afforded Ly \\Talker's company in 
1834, with statistics of Indian outrages. The same matter is in U. S. Sen. 
Ex. Doc. 4G, 3.3th congo 2d sess. 



378 


FURTHER INDIAN 'V ARS. 


breast-,vork of logs thro,vn up on the side n10st ex.. 
posed to attack. 
On the 17th of October the bushes were found to 
be alive ,vith savages. J. W. Pickett made a charge 
with six ruen, \vho ,vere so warmly received that they 
"'ere glad to retreat, Pickett being killed. Lieuten- 
ant 
foore then took a position under a bank, on the 
side attack ,vas expected, ,vhich he held four hours, 
expo
ed to a heavy fire; he and nearly half of his 
nIeH ,vere ,vounded, ,vhen they \vere cornpelled to re- 
treat. One of the lllen, being nlortally shot, fell be- 
fore reaching the she1ter of the camp, and a c01l1raòe, 
Allan Evans, in the effort to bring him in, ,vas severely 
\vounded. Captain Le\vis ,vas three tiules struck. 
The Indians, discovering that the weak point of 
the volunteer force ,vas on the left, Inade a bold 
attack, in ,vhich they lost one of their nlost noted 
Shasta ,varriors. Finding they could not dislodge 
the volunteers \vith balls, they shot lighted arro,vs 
into their canlp. All day the firing ,vas kept up, 
and during the Lattle every house in the Inining to\vn 
of Galice Creek ,vas burned except the Olle occu- 
pied as the conlpany's headquarters. By night one 
third of the cOlllpany of thirty-five ,vere killed and 
,vounded. 22 Thereupon the ellemy retired, their loss 
not ascertained. 
"I an1 proud to say," ,vrote Le,vis to bis colonel, 
"that ,ve fought the hardest battle ever fought this 
side of the Rocky l\Iountains. l\iore than 2,500 
shots frolu the enenIY, but every Ulan stood his 
ground, and fought the battle of a lover of his coun- 
t " 
ry. 
On the day of the battle Ross 'v rote Snlith, at 
Fort Lane, that Chief John of Scott Valley had 
gone up 
\pplegate Creek ,vith eighty ,yarriors; alJd 
that 'Villian1
 ,vas in that vicinity ,vith a lill1Ïted 
22 Killed. J. 'V. Pickett, Samuel Saunders; mortally wounded, Benjamin 
Taft, Isracl D. Adams; sc,"ercly woul1l1cd, Lieut 'Vrn A, J. :Moorc, Allan 
:Evan5i!, :Milton Blackledge, Jo:scph Umpqua, John Ericson, aD/I Captain \V. 
B. Lewis. Report of Vapt Lewis, in vowell's Ur. Iud. JVm-., ,MS., ii. IS. 



STRUGGLES AGAIXST DESTIXY. 


379 


force; 23 also that J. B. \Vagoner 24 and John Hillman 
had on the 19th been despatched to Galice Creek. 
I t was all of no use. Let them kill and steal and 
burn never so bravely, the fate of the savages ,vas 
fixed beforehand; and that not by volunteers, \v hite 
or black, but by almighty providence, age
 before 
their appearing, just as ,ve of the present dOll1Ïnant 
race In list fade before a stronger, \v henever such a 
one is sent. 
The red lnen continued their ravages, and the \vhite 
111en theirs, sending their bands of volunteers and reg- 
ulars hither and thither allover the country in con- 
stantly increasing nUlllbers; and to the credit of gov- 
erluncnt officers and agents, be it said that \v hile the 
nliners and settlers \vere seeking the shortest road to 
end the difficulties, they interposed their strength and 
iufluence to protect innocent red nlen \v hile defending 
the \v hite. 
l\ieantitne, those ,vho had in charge the duties of 
providing subsistence and transportation for the vol- 
unteers \vere not ,vithout serious cares. ARsistant 
q uarterlnasters and conul1issaries \vere appointed in 
different sections, but o\ving to their inexperience 
or inability, the service \vas very unsatisfactory. 
Fifteen cOIHpanics 25 \vore in the field by the 20th 
of October, but the Indians kept thenl all enlployed. 
23 Dowell',", Or. Iud. JVars, 
IS., i. 57. 
21J. B. 'Vagoner was emr>loyed as express rider from Oct. 13th, five days 
after the murder of his wife and child, as long as first volunteer seryice 
lasted-a service full of danger and hardship. See instructions in Dowell's 
Ur. Jud. JVar...., 1\18., i. G3. 
2'; Report of Capt. Rinearson, in Dowell'.
 01". Ind. JVar, 
IS., i. 77. I can 
name 12 of them. Co. A, T. S. Harris capt.; Co. B, James Bruce capt.; 
Co. C, J. S. Itinearson capt., lieuts 'V. P. "ring, I. N. Bently, R. 'V. Henry; 
Co. D, R. L. \Villiams capt., E. B. Stone 1st lieut, sergeant E. K. Elliott; 
Co, E, 'V. B. Lewis, capt., lieuts \V. A. J. .Moore, 'Vhite; sergt I. D. 
Adams; Co. F, A. 
. "T clton capt.; Co. G, 
Iiles T. Alcorn capt., lieut J. 

1. Osborne; Co. H, 'V. A. \Vilkiuson capt.; Co. I, T. Smith capt.; Co. K, 
So A. Frye capt.; Co, L, Abel George capt.; Co. 
1, F. R. Hill capt. The 
names of T. J. Garllner, Orrin Root, 
I. 
I. \Villiams, Haves, and 
I. P. 
Howard appear in the official correspondence as captains: Dañicl Richardson, 
:l\lorrison, and H. p, Conroy as lieutenants; amI 'Y. M. Evans as orderly 
sergeant, C. S. Drew was appointe(l adjutant; C. 'Vestfeldt quartermaster 
and commissary; and C. B. lkooks surgeon. 



380 


FURTHER INDIAN ,V ARS. 


Not a pack-train could n10ye fronl point to point ,,,,ith- 
out a guard; . not a settlcn1ent but ,vas threatened. 

rhe stock of the farlllers ,vas being slaughtered 
nightly in SOlne part of the valley; private d,vellillgs 
,,,ere fortified, and no one could pass along the roads 
except at the peril of life. I n1Ïght fill a volunJc 
,,,ith the lIlovements of the \v hite filen during tl1Îs 
\var; the red men left no record of theirs. 


r 
f" 


loW 
I 
I 


ROGUE RIVER AND UMPQUA V ALLEYS. 


'Vhile both regulars and volunteers \vere exploring 
the country in every direction, the Indians, fan1ÏJiar 
with trails unkno\yn to the \vhite 111en, easily evaded 
then1, and passed froln point to point ,vithout danger. 
At the very time \vhen J udall of the regulars, and 



FITZGERALD AT ORA VE CREEK. 


381 


Bruce and Harris of the volunteers, had returned 
exhausted from a long and fruitless pursuit, and \vhen 
l
oss expressed the opinion that the nUìin body of the 
enenlY \vas still in the vicinity of The l\feado\vs, 
and belo\v Galice Creek on Rogue R.i ver, the Indians 
suddenly appeared October 23d in the CO\V Creek val- 
ley, and began their depredations. Their first act of 
hostility in this quarter was to fire upon a party of 
\vagoners and hog-drovers at the crossing of CO\V 
Creek, instantly killing II. Bailey of Lane county, 
and \vounding Z. Bailey and three others. The re- 
111aining men retreated as rapidly as possible, pursued 
by the savages, who follo\ved and harassed them for 
t\VO or three hours. The same day they attacked 
the settlenlents on CO\V 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 encanlped 
a fe\v nliles south of CO\V Creek in the Grave Creek 
hiJls,26 and deterlnined to attack theine Ross, on re- 
ceiving a despatch fronl Fitzgerald, set out on the 29th 
for the rendEzvouS, having sent to captains Harris, 
\Velton, George, "ìilliams, and Le\vis. Bruce and Ri- 
nearson, \vho had but just COllle in, ""ere directed to 
join the conlbined forces at Grave Creek, \vhere \vere 
concentrated on the 30th about 250 volunteers 27 and 
105 regulars, only a portion of Fitzgerald's troop being 
available on account of the illness of its conl11] ander. 
T\vo cOll]panies of a battalion called out by Governnr 
Curry \vere lying at a place about a day's nlarch south 
of U lnpqua caÙon, under the C0111111and of captains J 0- 
seph Bailey and San1uel Gordon. 
When Ross reached the rendezvous late at night, 
he found the captain of the 1st dragoons a\vaiting 
hinl, irnpatient fur an attack. 2M Spies froIll his O\Vll 
26 This band had attacked Kautz and his surveying party a few òays pre- 
vious, killing two soldiers and three settlers. 
27 Letter of L. U. Hawley in Or. Statesman, Nov. 24, 1855. Another gives 
the numLer at 387. Dowell's Or. Ind. JVars. 
28 Letter of John E. Ross to C. S. Drew in Dowell'8 Or. Ind. JVw's, :MS., 
i. 93. 



382 


FURTHER INDIAN 'VARS. 


and Captain Bruce's company had reconnoitred the 
enemy's position, \v hich \vas found to be on a hill, ,veIl 
fortified, and extrenlely difficult of approach. A IDap 
of the country ,vas prepared, and a forced n)arch dc- 
terruined upon. Orders ,vere issued to be ready to 
11larch at eleven o'cloçk, though it \\
as already half... 
past ten. The plan of attack ,vas to plant ho\\'itzers 
upon an cillinence three fourths of a lllilc froln that on 
which the Indians ,vere encamped, and after having 
divided the companies into three colunlns, 80 stationed 
as to preyent 
he escape of the Indians, to open upon 
the enemy ,vith she11 and grape-shot. It \vas hoped 
by this night nlarch, ,vhich \yas continued till rIlorn- 
ing ,vith occasional halts, to surprise the enerny, but 
SOIDe oue having set fire to a tree, that idea ,vas 
abandoned. On arriving at the edge of a raville in 
front of their position, instead of planting the ho\vitzers 
and shelling the Indians as \vas intended, a chargo 
\vas luade, in ,vhich Rinearson and 'VVelton led ,vith 
their cOLnpanies, augnlented by portions of severn! 
others, and a part of the regulars rushing in disorder 
do,vn iuto the ravine, through the thick Lushes, 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 ,vhich the troops 
,vere approaching, and eovered ,vith heavy forest on 
the opposite or north side. Ross had directed Bailey 
and Gordon to flank on the north, that ,vhen the 111èn 
in front should drive the Indians to this cover, they 
lllight be Illet by them and engaged until the l1)ain 
force could come up. The attelupt ,vas made, but they 
found it inlPossible to pierce the tangled undergro\vth 
,vhich covered the steep acclivity, ,vith the InJians 
fortified above thenJ,20 and after having had several 
men \younded, returned to the point of attack. Bruco 
and Harris lay concealed a fe\v hundred yards to the 
south of the attacking party, to be in readiness to i n- 


29Lieut 'Vithers says the Indians ha.d cut down trees to form an obstruc- 
tion to any attack on that siùe. U. S. Sen. Ex. Doc., 26, 34th congo 1st sess. 



:BATTLE AND RETREAT. 


383 


tercept the enenlY in that quarter; but finding that 
no enen1Y caIne their way, they too joined the arrny 
in front. In the rnean tilne the Indians had retreated, 
aH "
as anticipated, to the cover of the woods, and 
could not Le approached \vithout great peril fron1 the 
open ground. The day \vore on \vith vain endeavors 
to get at them; and at 3 P. M. Smith Inade a charge 
,vith a smalJ force of dragoons, ,vho after firing sev- 
eral rounds ,vith musketoons, utterly useless against 
the rifles of the Indians, and having several killed and 
wounded, fell back to their first position. 
vVhen darkness ended the firIng, the troops ,vere 
encarnped a short distance froln the battle-ground, at 
a place called by them Bloody Spring, where the 
,vounded were cared for. At sunrise next morning 
the camp ,vas attacked from an sides, the Indians 
engaging the troops until about the middle of the 
forenoon, \vhen being repulsed they withdre\v, and 
the troops took up their tnarch for Grave Creek and 
Fort Bailey, carrying their \younded on litters. As 
to the results of the battle, the \v hite 111en had little 
ca.use for congratulation. The volunteers had t\venty- 
six killed, wounded, and missing; and the regulars 
four killed, and seven ,vounded, including Lieutenant 
Gibson, ,vho was hit in the attack on the can)p on 
the morning of the 1st of N ovelnber. 30 The nunlber 
of Indians ki]]ed \vas variously estimated at fro in 
eight to twenty. The nunlber of Indians engaged 
in the battle \vas also conjectured to be from 100 to 


so Capt. Rinearson's co., killed, Henry Pearl, Jacob W. :Miller; missing 
and helieved to be killed, James Pearsy; wounded, Enoch 
1iller, 'V. H. 
Crouch. and Ephraim Yager. Capt. Gordon's co" wounded, Hawkins Shelton, 
James 1\1. }1'ordyee, 'Villiam'Vilson. Capt. Bailey's co., killed, John Gilles- 
pie; wounded, 
Tohn 'Valden, John C. Uichardson, James Laphar, Thomas J. 
Aubrey, John Pankey. Capt. Harris' co., wounded, .Jonathan A. Petigrew, 
mortally, Ira. 
Ia.yfield, L. }---. Allen, ,V illiam Purnell, \Villiam IIaus, J oIm 
Gol(lsby, Thomas Gill. Capt. Bruce's co., wounded mortally, Charles 
Godwin. Capt. 'Yelton's co., wounded mortally, John Kcnnedy. Capt. 
'Vilìiam's co., kiBell, John \\
illters; wounded, John Stanncr, Thomas 
Ryan. Of the regular troops thrce were kill,:d in action on the fielll, and 
one hy accidentally shooting himself; among the seven woun(led was Lit:ut 
Gib::;on. Report of A. G. HeIlry in Dowell's Gr. Jud. JVar8, l\lB. _; IG9-7.1.. 
Or. Statesman. Nov. 17 J 18.3.3; Ashland 'l.'idin!1s, Nov. 2, Ib"i- 



384 


FURTHER IXDIAN 'YARS. 


300. Such was the unfortunate terminatiòn of a 
con1bined effort on the part of the regular and volun- 
teer troops to check the ,var in its incipiency, and 
signified that tillle, money, and blood must be spent 
in bringing it to a close. "God only kno\vs," writes 
a correspondent of the Statesma.n, "'v hen or ,vhore 
this ,var 111ay end. . . These mountains are worse than 
the swanlps of Florida." 
Im1l1ediately upon information reaching the U mp- 
qua of the onslaught of the 9th of October, 1855, at 
l{ogue River, a petition ,vas for\varded to Governor 
Curry, asking for five hundred volunteers for defence. 
The 111essenger, S. B. Hadley, gi ving notice en route, 
among other places at Eugene City, a request ,vas 
sent the governor to permit Lane county to organize 
a conlpany for the ,var. The effect of such petitions, 
and of the letters received fronl Rogue River, ,yas to 
cause a proclanlation by the governor, October 15th, 
calling for five companies of mounted volunteers to 
constitute a Northern battalion, and four companies 
of lllounted volunteers to constitute a Southern bat- 
talion, to re111ain in force until discharged; each com- 
pany to consist of sixty men, with the usual comple- 
lllent of officers, making a total of seventy-one, rank. 
and file; each volunteer to furnish his o\vn horse, 
arms, and equipments, and each company to elect its 
o,vn officers, anù thereafter to proceed ,vithout delay 
to the seat of ,var. 
The proclan1ation declared that Jackson county 
\vould be expected to furnish the number of Inen 
required for the southern battalion, ,vho ,vould rendez- 
vous at Jacksonville, elect a major to conlmand, and 
report to headquarters. The northern battalion ,vas 
to consist of t \vo companies frorn Lane, and one each 
from Linn, Douglas, and Umpqua counties, to rendez- 
vous at Roseburg. At the same time an order ,vas 
issued from the office of E. 1\1. Barnurn, adjutant- 
general, leaving the movelnents of the t\VO battalions 
to the discretion of their respective commanJ.ors, but 



A DEMOCRATIC WAR. 


385 


directino- that all Indians should be treated as enen1ies 
. 0 
'v ho did not show unmistakable signs of friendship. 
No other instruction ,vas given but to advise a con- 
cert of action ,vith the United States forces which 
lllight be engaged in that section of the territory
31 
:1Iean\vhile, communications from democrats at 
Rogue River had reached the capital, and imme- 
diately the \var became a party measure. It was 
ascertained that Ross in calling out the militia had 
Il1ade several \v hig appointrnents contrary to the will 
of the ruling party, \vhich had attacked the governor 
for appointing \v hig surgeons in the northern bat- 
talion; so paran10unt \vere politics in 111inistering to 
the \vants of ,vounded men I The governor, unfor- 
tunately for his other\vise stainless record, was un- 
able to stem the tiùe, and allowed himself to become 
an instruillent in the hands of a clique who de- 
11landed 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 \vith the avo\ved purpose of waging a \var 
of exterlnination against the Indians \vithout 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 cornmanding officer 
of the United States troops stationed there. 32 The 
Ï1nmediate effect of the proclamation was to suspend 
volunteering in Douglas county, to \vhich Ross had 
\vritten to have another company raised,33 and to 
thro\v discredit on those already in the field. 
SI See proclamation and general order, in Or. Statesman, Oct. 20, 1855j OT
 
Argus, Oct. 20, 185.3. 
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 Yrekaj 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; Dowell's 
Or. Ind. Wars, 
IS., i. 117. 
13 See Letter of Capt. F. R. Hill, in Dowell's Or. Ind. Wars, 177-8, voL 1. 
llIsr. OB., VOL. 11. 2G 



386 


FURTHER INDIAN WARS. 


The first conlpanies enrolled under the governor's 
proclamation ,vere the t,vo called for froln Lane 
countJ,34 one of ,vhich, under Captain Bailey, ,vas 
present at the action of October 31st and N oven1- 
bel' 1st, as already stated. The next companies to 
respond to the governor's call ,vere those frOIn Linn, 
Douglas, and U IlJpqua counties. 35 These constituted 
the northern battalion. The companies contained 
frOlTI 87 to III men each, and ,,,,ere quickly organized, 
'Villian1 J. J\Iartin being chosen major. 
On the 7th of November Colonel Ross ordered the 
assenlbling of the 9th regiment at Fort Vannoy, in 
order that all ,vho desired should be mustered into 
the territorial service as members of the southern 
battalion. On the lOth captains James Bruce, R. L. 
'Villiams, Willian1 A. Wilkinson, and Miles F. Alcorn 
offered and ,vere accepted, in the order named, and 
an election for Inajor resulted in the choice of Bruce. 36 
COlnplaint reaching the governor that by disbanding 



lS., 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.' 
:u Co. A, North Battalion O. 
1. V ols, Lane county, enrolled Oct. 23d: 
capt., Joseph Bailey; 1st lieut., Daniel 'V. Keith; 2d lieut, Cyrcnus :Mulkey, 
resigned Dec. 30th; Charles 'V. :McClure elected in his place. Co. B, Lane 
county, enrolled Oct. 23d: capt., Laban Buoy; 1st lieut, A. 'V. Patterson, 
resigned and transferred to medical department, L. Poindexter being elected 
in his place; 2d lieut, P. C. Noland. Ur. Jour. Hou8e, 1855-6, ap. 145. 
35 Co. C, Linn county, enrolled Oct. 24th: capt., Jonathan Keeney; 1st 
lieut, A. 'V. 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., 'V. 'V. Chap- 
man; 1st lieut, Z. Dimmick; 2d lieut, J. 
I. ltlerrick. Ur. Jour. Council, 
1853-6, ape 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. 1\Iiller; 2d lieut, J. F. 
Anderson. Co. B: capt" R. L. \Villiams; 1st lieut, Hugh O'Neal; 2d lieut. 

I. Bushey. Co. C: Ct1.pt., 'Vm A. \Vilkinson; 1st lieut, C. F. Blake; 2<1 
lieut, Edwin Hess. Co. D: capt., Miles F. Alcorn; 1st lieut, James 1\1. 

latney; 2d lieut, John Osborn. Or. Jour. House, 185.3