Full text of "History of Oregon"

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THE vVORI
S

HUBERT HO\VE BANOROFT

THE ,VOI{I{S

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)

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.

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.

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

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.

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,

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.

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.

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
.Â 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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

,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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

'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.

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.

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.

,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.

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.

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.

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.

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.

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.

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.

,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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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

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.

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, 185.3-6, ap. 146-7. The
militia organization as it now stood comprised the following officers: A. P.
Dennison and Benj. Stark, aids de camp to the gov.; John F.
1iller, quarter-
master gen.; A. Zeiber and S. S. Slater, asst quartermaster general;
L 1\1.
1IcCan'er, commissary gen.; B. F. Goodwin and J. S. Ruckle, asst com.
gen.; 'Ym .J. .Martin, maj. north bat,; J. 'V. Drew and R. E. Stratton, adj.
north bat.; 'Vm G. Hill and I. N. Smith, aids to major north bat.; James
Bruce, maj. of south bat.; O. D. Hoxie, adj. south bat,; J. K. Lamerick,
.mustering officer for southern Oregon. Or. JOU1.. House, 1855-6, ap. 143-7.
.

:MILIT.A.RY ORGANIZATIO
,

887

the 9th regiment several sections were without defence,
Curry, with Adjutant General Barnum, ans\vered in
person, arriving on the field about the last of N ovem-
ber. The only change made, ho\vever, by the gov-
ernor's visit ,vas the consolidation of the northern and
southern battalions into one regiment, to be called
the 2d Regiment of Oregon 1\10unted Volunteers.
This change necessitated an election for regimental
officers, and R. L. W illian1s ,vas chosen colonel, while

Iartin ,vas obliged to content himself as second in
command.

Immediately -after the battle of Grave Creek hills,

fajor Fitzgerald proceeded to Fort Vancouver and
thence to The Dalles, and his troops remained in gar-
rison during the "rinter. This reduced the regular
force on Rogue River to Srnith's comlnand. An
agreelnent ,vas entered into between the regular and
volunteer commanders to meet at the Grave Creek
house about the 9th of November, prepared to pur-
sue and attack the Indians. In the mean time a scout-
ing party of Bailey's company ,vas to find the Indians,
'v ho had disappeared, according to custom, from their
last battle-ground. 37
On the 17th of November Bruce, learning that a
nUlnber of houses on Jump Off Joe Creek had been
burned, sent a request to
Iartin to join him there.
Communications \vere also sent to the commanders
at Fort Lane and Fort Jones, and Judah ,vith a
slnall force joined in pursuit of the savages. Shortly
after, Williams fell in with a small band at the mouth
of Jump Off Joe Creek and killed eight. 33

87 {Just before they took their departure they went on the reserve, burned
a.ll the boards and shingles there, and every article of value belonging to
chief Sam's people; a temporary house I had erected for the accommodation
of persons laboring on the reserve, shared the same fate; they also killed or
drove away seven of the cattle belonging to the agency.' Agent Ambrose to
Supt. Palmer, Nov. 30, 1855, in U. S. H. Ex. Doc., 93, p. 119, 34th cong.
1st sess.
88 Or. Statesman, Dec. 1, 1855; Rept of Major Martin, Dec. 10, 1855, in Or.
Jour. House, 185.>-6, ap. 122.

388

FURTHER INDIAN WARS.

The 21st sa\v the ,vhite men in fun force en route
do\vn Rogue River, some on one side and some on the
other. After four days, and encountering nlany dif-
ficulties, they came upon the enemy at The 1\leadows
and found theln ,veIl fortified. 'Vhile preparing to
attack, on the 26th, the InJians opened fire fron1 a
dense covert of timber bordering the river, which
caused theln to fall back. Being short of food and
clothing for a \vinter campaign, they detern1Íned for
the present to abandon the enterprise.
While the southern arnlY was returning to head-
quarters, roving bands of Indians were con1mitting
depredations in the UInpqua Valley. On the 3d of
Decelüber a small party of the CO\V Creek Indians
attacked the settlements on the west side of the south
Umpqua, destroying fifteen houses and nluch other
property, compelling the settlers to shut themsel ves
up in forts. On the 24th Captain Alcorn found and
attacked a camp of Indians on the north branch of
Little Butte Creek, killing eight warriors and captur-
ing some anin1als. About the saIne tiIHe Captain
Rice, hearing of another camp on the north bank of
Rogue River, probably driven out of the mountains
by the weather, which was exceedingly severe that
winter, proceeded \vith thirty men to attack them,
and after a battle lasting for six hours killed the 1l10st
of them and took captive the rernainder. 39
About the 1st of January, 1856, it was ascertained
that a party of Indians had taken possession of some
deserted cabins on Applegate Creek, and fortified theIne
. Major Bruce immediate]y ordered Captain Rice to
proceed to that place and attack them. Others joined.
About two miles from Jacksonville they were fired on
139 'These two fights have blotted out Jake's band.' Corr. Or. Statesman,
Jan. 15, 1856. General \Vool, in his official report of :May 30, 1856, calls
Jake' a friendly old chief,' and says that his band comprising 30 or 40 males
was destroyed by the volunteers, with all their huts and provisions, 'expos-
ing the women and children to the cold of December, who in making their
way to Fort Lane for protection, arrived there with their limbs frozen.'
See Cram's Top. Mem.. 45.

FIGHTS OY APPLEGATE CREEK.

389

and one man killed. 40 On arriving at the cabins, three
of,vhich were occupied by the Indians, late in the after-
noon of the 4th, the howitzer was planted and a shell
dropped through the roof of one, killing t,vo of the
inmates. The white men had one killed and five
\vounded. There matters rested till next morning,
,yhen the cabins ,vere found to be empty, the Indians
of course having found nleans to escape. These sav-
ages made good shots at 400 yarCls.
Toward the nliddle of the Inonth Bruce's comnland
had a fight \vith one hundred natives on a branch of
A pplegate Creek, the latter retreating \vith four killed.
And thus the ,vinter wore a\\ray, a dozen bands each
of white men and red, roaming up and down the
country, each robbing and burning, and killing as best
they were able, and all together acconlplishing no
great results, except seriously to interfere ,vith traffic
and travel. Exasperated by a condition so ruinous,
the desire to externlinate the savages gre\v with the
inability to achieve it. Such ,vas the nature of the
conflict in ,vhich, so far, there had been neither glory
nor success, either to the arnlS of the regular or vol-
unteer service; nor any prospect of an end for years
to come, the savages being apparently oIllnipresent,
,vith the gift of invisibility. They refused to hold
any conlmunication \\yith the troops, \vho sought some-
tiIues an opportunity to reason with them.
The men composing the northern battalion having
no further interest in the war than at first to gratify
an evanescent sYlnpathy, or a love of adventure, ,vere
becoming inlpatient of so arduous and unprofitable a
service, and so demanded and received their dis-
charge. General Wool ,vas then petitioned for aid,
and he immediately despatched two cOlnpanies under
Colonel Buchanan. In the nlean time the legislative
assembly had elected J. K. Lamerick brigadier-gen-

40 Dowell's Or. Ind. JVars, ]\1S., ii. 19; Lane's .Autobiography,
IS., 107;
Brown's .A utobioyraphy, 1\18., 40-1.

300

FURTHER INDIAN WARS.

eral of Oregon territory; and in conformity with a
proclan1ation of the executive, he issued a call for
four con1panies of mounted volunteers to supply the
place of the northern battalion,41 \vho were ordered
to report to Lieutenant-colonel l\iartin at Roseburg.
These cOlnpanies \vere enrolled more rapidly than
lljight have been anticipated, after the tedious and
fruitless nature of the war had becolne kno\vn. 42
Captain Buoy's company remained in the field un-
der the comnland of its former 2d lieutenant, P. C.
Noland, no\v its captain. The southern cOlllpanies
,vere recruited, and kept the field; so that after a
lnonth of suspense, during ,vhich many of the inhab-
itants who up to this time had remained at their
honlesteads un\villing to abandon all their property,
left their clainls and removed to the Willamette Val-
ley, or shut thernselves up in fortified houses to a\vait
a turn in events. That turn it was hoped General
Lanlerick, being a good democrat and an experienced
Indian-fighter, \vould be able to give, \vhen spring
lllade it possible to. pursue the Indians into the
111ountains. It has been said that Winiams was in-
c(nnpetent; but Lamerick ,vas not guiltless of a blun-
der in ordering all the new conlpanies concentrated
in the U Inpqua Valley; and the headquarters of the
southern companies changed from Vannoy Ferry to
Forest Dale, a place not in the 1ine of the hostile
incursions. Taking advantage of this disposition of
the forces, Lilnpy, one of the hostile chiefs, with a
party of thirty \varriors, made a visit to Fort Lane,
bearing a flag of truce; the object of the visit being
to negotiate for the release of some of the women
held as prisoners at the fort.
4] The enrolling officers appointed by Lamerick were \Vm H. Latshaw,
A, 'V. Patterson, Nat. H. Lane, Daniel Barnes, James A. Porter, for com-
panies to be drawn from Lane, Benton, Douglas, anù Linn counties. Ur.
Htate8man, Feb. 12, 1836.
42 'Vm H. Latshaw was elected capt. of tbe Lane county co.; John Kel-
seyof the Benton county co.; and Daniel Barnes of the Douglas county co.
Or. Statesman,
"'eb. ID, 1856 Of the co. of 50 raised at Deer Creek (Rose-
burg) in February, Eùward Sheffield was elected capt.; S. H. Blunton 1st
lieut; Elias Capran 2ù lieut. Id.

THE COAST TRIBES.

. 391

Fol1o,ving the outbreak in October, the agents on
the coast, at Port Orford, the Inouth of Rogue River,
and the Inouth of the U nlpqua, used many precau-
tions to prevent the Indians in their charge frolu be-
c0111ing iufected ,vith the hostile spirit of their breth-
ren of the interior. The superintendent sent his
agents a circular containing regulations and precau-
tions, anlong ,vhich was the collecting of the Indians
on the several telnporary reserves, and compelling
then1 to ans\ver to ron-call.
The agent in charge of the Indians below Coos Bay
,vas Ben ,V right, a man adu1ired and feared by then}.
Learning that overtures had been made to the Co-
quilles and otht\r coast tribes to join the hostile bands,
VV right hastened to visit those under his charge, who
lived up about the head ,vaters of the several small
ri vel'S en1ptying into the ocean bet\veen the mouth of
the Rogue and the Coquille rivers. He found, as he
expected, elnissaries of the hostile bands among these
on the lo\ver Rogue ltiver, \v ho, though insolent, took
their departure when threatened \vith arrest; and he
,vas able, as he supposed, to put a stop to further ne-
gotiations \vith the eneluy, the Indians promising to
follo\v his ad vice.
On returning to the mouth of the river: he found the
people alarlueu by run10rs of anticipated trouble ,vith
the Coquilles, and again hastened to arrest any Inis-
chief that n1Ïght be bre\ving in that quarter. He found
these Indians quiet, and expressing great friendship,
but llluch in fear of an attack fro In the settlers of the
U rnpqua Valley, who they had been told were conlÍllg
to kill thelll all. Their uneasiness appeared to be in-
creased by discovering in their neighborhood a large
carllp of the fan1ilies, ,vornen and children, of the hos-
tile band8, with a few men to guard them, kno\ving
that such a circuIllstance ,vould be liable to be con-
strued against them. They ,vere proillised an agent
to relnain \vith thel11 and \vard off trouble until the
exciteillellt should have abated.

392

FURTHER INDIAN WARS.

Returning to the coast, VV right fell in \vith a party
of armed nlen fron1 Coos Bay going to\vard the Ind-
ian camp with the determination to destroy it. To
th
se men he represented that the Coquilles ,vere
friendly, and returned \vith them to thcir can1p, \vhere
he succeeded in convincing each that neither had any
occasion to fear the other; and appointing one of their
Iluluber sub-agent on the spot, again returned to the
<:oast \vith the others. At Randolph he found the
settlers greatly excited by the news from the interior.
Having concealed their portable property, they \vere
renloving to Port Orford for safety. At the mouth
of Rogue River defences had been built, and in their
\vrath the \vhite men ,vere threatening to kill or dis-
arlll all the Indians in the vicinity. A fe\v cool and
reflecting miuds were able, ho\vever, to n1aintain a
rnore prudent as well as humane policy, the excite-
lllent on both sides seemed gradually to abate,43 and
Wright believed that \vith the assistance of the troops
at Port Orford he should be ab]e to preserve the peace
and secure the public good.
ALout the middle of November Agent E. P. Drew,
\vho had in charge the Coos Bay and Umpqua Inù-
ians, became convinced that the fornler \vere in com-
111unication \vith those at war, and hastily collecting
the U IDpquas on the reservation at the mouth of the
river, and placing over them a local agent, ,vent to
Coos Bay. At Empire City he found congregated
the settlers frolD the upper Coquille and Coos rivers,
in anticipation of an outbreak. A con1pany \vas
for111ed and the savages attacked at Drolley's, on the
lo\ver branch of the Coquille, four being killed, aud
four captured and hanged. There ,vere fe\v troops at
Port Orford \vhen the \var broke out, and these \voulù
have been rernoved to the north on the call of J\Iajor

43 Collector Dunbar at Port Orford wrote to Palmer that there was no
doubt that 'Vright could maintain peace in his district. 'Ben is on the jump
day and night. I never saw in my life a more energetic agent of the public.
His plans are all good, there can be no doubt of it.' U. S, II. Ex. Doc., V3,
127-9, 34th congo 1st sess.

MASSACRE AT WHALESHEAD.

893

Raines had not Wright represented so powerfully to
J\Iajor Reynolds, who can1e to take them away, the
defenceless condition of the settlernents in that event,
that Reynolds was induced to reluain. Still feeling
their insecurity, the ,vhite inhabitants of Whaleshead,
near the mouth of Rogue River, as I have 111entioned,
erected a rude fort upon an elevated prairie on the
north bank of that stream. A company of volun-
teers ,vas also organized, \vhich had its encampn1ent
at the big bend of Rogue River during the \vinter;
but on the proclamation of the governor in February,
caning for new cornpanies to reorganize, the 1st regi-
ment of Oregon l\founted Volunteers had moved do\vn
near the settlement in order to fill up its ranks to the
standarù fixed by the proclanlation, of sixty privates
and eleven officers.
The conduct of the Indians under Wright had been
so good since the punishment of the Coquilles in the
early part of the \vinter that no apprehensions \vere
felt beyond the dread that the fighting bands IDight
SOH1e tilDe make a descent upon thenl; and for this
the volunteers had been duly watchful. But \vhat
so subtle as savage hate? On the night of the 22d
of February a dancing-party was given at Whales-
head in honor of the day, and part of the voluntepr
company was in attendance, leaving but a few men
to guard the camp. Early on the IDorning of the
23d, before the dancers had returned, the guard \vas
attacked by a large body of Indians, who fell upon
them \vith such suddenness and fury that hut t\VO
out of fifteen escaped. One, Charles Foster, con-
cealed himself in the \voods, where he remained an
undiscovered \vitness of IDuch that transpired, and
was able to identify the Indians engaged in the mas-
sacre, \vho ,vere thus found to be those that lived
about the settlement and \vere professedly friendly.
vVhile the slaughter was going on at the volunteer
camp some Indians from the native village on the
south side of the river crossed over, and going to the

894

FURTHER INDIAN \V ARS.

house of J. l\lcGuire, where Wright had his lodgings,
reported to hiln that a certain half-breed nallled
Enos, 44 notoriously a bad man, was at the village, and
they \vished the agent to arrest hin1, as he \vas making
trouble \vith the Tootootonies. Without the slight-
est suspicion of treachery, Wright, with Captain Po-
land of the volunteers, crossed the river to look into
the lnatter, ,vhen both were seized and killed. 45 The
bodies were then so mutilated that they could not be
recogn ized.
The death of Wright is a sad commentary on these
sad tiDIes. He was a genial gentlelnan, honest, frank,
brave, the friend and protector of those who sle\v
hinl. It is a sad commentary on the ingratitude of
n1an, ,vha in his earlier and lower estate seenIS fitted
to be ruled by fear rather than by love. During these
troublous times in southern Oregon, I an1 satisfied
that the United States governn1ent endeavored to do
its best in pursuing a nloderate and humane policy;
and it ,vas singularly fortunate about this tinle in
having as a rule conscientious and hUIDane lllen in
this quarter, deterlnined at the peril of their lives to
defend their charge from the fury of the settlers and
n1iners, \vho were exasperated beyond endurance by
having their houses burned and their wives and chil-
dren captured or slain. And to none is the tribute
of praise more justly due than to Benjamin Wright,
'v ho died at his post doing his duty.

"This half-breed Enos was formerly one of Frémont's guides, and is
spoken of by Frémûnt as a very brave and daring Indian. Corr. Or. Statf:J,c.;1nctn,

Iarch 11, 1856; Indian.Aff. Rept., 183û, p. 201-2; Crescent City Ilerald Extra,
:Feb. 2.3, 18,>6. He was hanged at Fort Orford in 18.37, for his part in the
massa
re. Or. Statesman, March 31, 1857; Tichenor's Hi8torical Oorre.pond-
ence, MS.
iã Parrish, Or. Anecdotes, MS., 81-3, says that 'Vright was at a dance in a
log cabin on Rogue River, about Christmas 18541 and that with others he
was killed for his treatment of the women. Dunbar an[l Nash state that the
agent kept a native woman, Chetcoe Jennie, who acted as interpreter, and
drew from the government $300 a year for that service, and who betrayed
him to his death, and afterward ate a piece of his heart. Dowell's Or. Iud.
fVars, M:S., ii. 27; Ind. .A.ff. Rept., 183û,201-2; 01'. Statesman, l\Iarch 11,
183û; Crescent City lJerald, Feb. 26, 183û; U. S. II. Ex. Doc., 39, p. 47-8,
33th congo 1st sess.

EFFORTS FOR RELIEF.

395

N or did this horrible and dastardly \vork end here.
Every tàrmer in the vicinity of Whaleshead ,vas killed,
every house burned but one, and every kind of prop-
erty destroyed. The more distant who escaped the
luassacre, to the nUluber of 130, fled to the fort, but
being poorly armed, might still have fallen a prey to
the savages, had they not \vith their custonlary \vant
of persistence, dra\vn off after the first day's bloody
\vork. At nightfall on the 23d a boat ,vas despatched
to Port Orford to inforlll l\Iajor Reynolds of the fate
of the settlement. But Reynolds could not go to the
rclief of vVhaleshead ,vithout leaving exposed Port
Orford, that place containing at this period but fifty
adult male citizens and thirty soldiers. A \vhale-boat
\yas, ho\vever, despatched f;r the purpose of keeping
open cOlnulunication with the besieged; but in attelnpt-
ing to land, the boat ,vas s\vamped in the surf, and the
11lcn in it, six in nUlnber, were dro\vned, their bodies
being seized by the savages and cut in pieces. Cap-
tain Tichenor ,vith his schooner l'Telly went to bring
off the people of Whaleshead, but was prevented by
contrary ,vinds from approaching the shore. On the
1norning of the 24th the schooner Gold Beach left
Crescent City with a volunteer company, whose design
\yas to attack the Indians. ,They, too, \vere prevented
from landing, and except at the fort the silence of
death covered the whole country.
'Vhen the facts of the outbreak came to light, it
,vas ascertained that the Indians attacked no less than
seven different points ,vithin ten or t\velve hours, and
,vi thin a distance of ten miles do\vn the coast on th e
south side of Rogue River, and also that a general
fresh uprising occurred at the same tirne in other
localities. 46

46 The persons killed in the first attack were Benjamin Wright, John
Poland, John Idles, Henry Lawrence, Patrick.McCullough, George.McClusky,
Barney Castle, Guy C. Holcomb, Joseph 'Vilkinson, Joseph \Vagner, E. 'V.
Howe, J. H. Braun, 11artin Reed, George Reed, Lorenzo 'Varner, Samuel
Hendrick, Nelson Seaman, 'V. R. Tulles, Joseph Seroe anù two sons, John
Geisell and four children, 11rs Geisell and three daughters being taken pris-
oners; and subsequently to the first attack, Henry Bullen, L. 'V. Oliver,

FURTHER INDIAN WARS.

Those who took refuge in the fort ,vere kept
besieged for thirty-one days, ,vhen they ,vere reseued
by the t\VO companies under Colonel Buchanan sent
by General VV 001, as before n1entioned. A few days
after the arrival of the troops a schooner froln Port
Orford effected a landing, and the "romen and chil-
dren at the fort "Tere sent to that place, \vhile
Buchanan commenced operations against the Indians,
as I shall presently relate more in detail.

Daniel Richardson, George Trickey and Adolf Schmoldt-in all thirty-one.
'Varner was from Livonia, N. Y., Seaman from Cedarville, N. Y. Tho
drownod were H. C. Gerow, a merchant of Port Orford, and formerly of N.
Y.; John O'Brien, miner; Sylvester Long, farmer; 'Villiam Thompson and
Richard Gay, boatmen; and Felix :McCue. Letter of James C. Franklin, in
Q-r. Statesnlarl, March 18, 1856; Crescent City He1'ald, Feb. 25 and 11ay 21,
1836; Corr. Coos Bay l!fail; Dowell's Or. Illd. WW'8,
lS., ii. 27; Or. Arqlls,
:March 8, 1856; Or. State,'1man, April 29, May 13 and 20, 1856; S. F. Alta,

iarch 4, 1836; S. F. Bulletin, March 12, 1836; Congo Globe, 1853-6, pt i., 780,
34th congo 1st sess.; Sac. Union,
larch 1, 1856.

CHAPTER XVI.

EXTERMINATION OF THE INDIANS.

1856-1857.

GRANDE RONDE MILITARY POST AND RESERVATION-DRIVING IN AND CAG-
ING THE WILD
lEN-MoRE SOLDIERS REQUIRED-OTIIER BATTAL-
IONS-DoWN UPO:N THE RED MEK-THE SPRING CAMPAIGN-AFFAIRS
ALONG THE RIVER-HUMANITY OF THE UNITED STATES OFFICERS AND
AGENTS-STUBBORN BRAVERY OF CHIEF JOHN-COUNCILS AND SURREN-
DERS-BATTLE OF THE MEADOWS-SMITH'S TACTICS-CONTINUED SKIR-
MISIDNG-GIVING-UP AND COMING-IN OF THE INDIANS.

WHEN Superintendent Palmer determined to re-
move from the Rogue River and U nlpqua reserva-
tions the Indians \vho had observed the treaties, to an
encampment in the small and beautiful valley on the
western border of Yanlhill and Polk counties, known
as the Grand Rond, so great was the anger and op-
position of the white people of the vVillamette in
thus having these savages brought to their door, so
loud their threats against both Indians and agents,
that it ,vas deemed prudent to ask General Wool for
an escort and guard. Paln1er wrote \V 001 that he
believed the ,var ,vas to be attributed ,vholly to the
acts of the ,vhite population, and that he felt it his
duty to adopt such measures as ,vould insure the
safety of the Indians, and enable him to nlaintain
treaty stipulations, 1 recommending the establishment

1 'The future will prove,' said Palmer, 'that this war has been forced upon
those Indians against their will, and that, too, by a set of reckless vagabonds,
for pecuniary and political objects, and sanctioned by a numerous population
who regard the treasury of the United States a legitimate subject of plun-
der.' U. S. I/. Ex. Doc., 93, 24, 34th congo 1st sess. See also Dowell'8 Let.
ters, :MS., 42. Dowell takes a different view.

( 3971

898

EXTER1IINATION OF THE INDIANS.

of a military post, and asking that a competent officer
be directed to assist hirll in locating the proposed en-
campn1ent, and nlaking the in1provements desiO'ned
for the benefit of the Indians. Having once b con _
ceived the idea of renloving the Indians from the
southern reservations, Palmer was not to be deterred
either by the protests of the people or the disappro-
bation of the legislative assen1bly.2
About the last of January 300 U mpquas and 200
Calapooyas ,vere brought fron1 the south and placed
upon the Grand Rond reservation. As these bands
had not been engaged in the recent hostilities, the
feeling of alarm ,yas some,v hat softened, and n1uch
as their presence in the valley ,vas deprecated, they
,vere suffered to go upon the reserve \vithout 1110108-
tation, although no troops \vere present to intirniJate
the people. 3 At the same tinle Paln;.er gave notice
that he intended to carry out his first design of re-
nloving all the other tribes \vhenever the necessary
preparations had been nlade for their reception; 4 a

2 During the debate over Palmer's course in the legislature, 'VaY
l1ire ac-
cused Palmer of being the cause of the war, and willing to bring about a
collision between the United States troops and the citizens of the 'Vi
lamette
valley. 'Not only that,.. . but be actually proposes to bring 4,000 savages,
red from the war, and plant them in one of the counties of this vaHey, with
a sava

e and barbarous foe already upon its borders. U I will do it," said he,
"and if you resist me, I will call upon General \Vool for soldiers to shoot
down the citizens. '" Or. Sto,tesman, Jan. 13, 1836. Anù on the hesitation of
Colonel \Vright, who was first applied to to furnish it without the sanction
of General \\T 001, then in California, Palmer thus wrote Commissioner 11an-
nypenny: 'To be denied the aid of troops at a critical moment, upon flimsy
pretences or technical objections, is to encourage a spirit of resistance to au-
thority and good order, and effectively neutralize all efforts to reduGe the
Indians and lawless whites to a state of subordination.' U. S. 11. Ex. Doc.,
93, 131-2, 34th congo 1st sess.
a The Indians were moved in a heavy storm of rain and snow, Capt.
Bowie of the northern battalion with 20 men being ordered to escort .Metcalfe
and his charge. At Elk Creek the Indians were seized with a panic on
account of rumors of the removal of Palmer from the superintendcncy, and
refused to go farther. Palmer called upon Colouel'Vright for troops, and
was referred, as I have said, to General \V 001, when, without waiting, :Mctcalfe
proceeded alone to the reservation, having quieted the fears of the Iudians.
i The opposition of the white population was not all that was to be over-
come, as Palmer had been warned by his agents. In order to induce the
Umpquas to leave their homes, it was agreed by treaty that each Indian
should be given as much land as he had occupierl in the Umpqua Valley, with
a house as good or better than the one he left, with pay for all the property
abandoned, and clothing and rations for himself and family until all were

IORE TROOPS CALLED FOR.

399

promise ,vhich was partly carried out in l\Iarch by
the renloval of the Rogue River Indians fronl Fort
Lane to the. Grand Rond, none of that resistance
being offered \vhich had been feared. Preparations
were then made for bringing all the tribes from Coos
Bay south to the California line upon the coast reser-
vation selected in 1854. The legislature had asked
for the removal of the superintendent on this ground;5
though in reality it was a political dodge; and his
ren10val was accomplished before he had fairly fin-
ished the work in hand. 6

Immediately after the massacre of Whaleshead
Governor Curry issued still another proclamation,
calling for another battalion for service in the south. 7
The governor also sought to modify his error in disband-
ing all unauthorized companies, by advising the organ-
ization in all exposed localities of ne\v cOlnpanies of
n1inute-Inen, the captains of\v hich were ordered to re-
port to the adjutant-general, and recognizing those al-
ready formed as belonging to this branch of the service.

settled in their new homes; nor were any of these things to be deducted
from their annuities. Grande Ronde reservation contained about 6,000 acres,
and was purchased of the original claimants for $35,000. Letter of citizens
of Yamhill county, in Or. Statesman, April 29, 1836.
5 , 'Ve the undersigned, democratic members,' etc. Then followed charges
that Joel Palmer had been instrumental in provoking the Indian war; and
what was more to the point, 'while representing himself as a sound national
democrat, he had perfidiously joined the know-nothings, binding himself with
oaths to that dark and hellish secret political order.' They asked for these
reasons that Palmer be remO\?ed and Ed ward R. Geary appointed in his place.
Signed by the speaker of the house and 34 members of the house and coun.
cil. (J. S. 1/. Ex. Doc., 93, 133-5, 34th congo 1st sess.
6 E. R. Geary was not his successor, but A. F. Hedges, an immigrant of
1843.
j There wq,s at this time a regiment in the WalIa WalIa Valley, and one
in southern Oregon, besides several companies of minute-men for defence.
The proclamation called for three new companies, one from l\iarion and Polk
counties, one from Benton and Lane, and one from Linn. The enrolling offi-
cers appointed for the first named were A. M. Fellows and Fred. "\Vaymire;
for the other two E. L. l\lassey and R. L. Brown. 'Vaymire wrote the gov-
ernor that Polk co. had sent over 100 men to the 'Valla 'Valla Valley, 76 to
Rogue River, 22 to fill up a 'Vashington regiment; that Polk co. was willing to
go and fight, but since the importation of southern Indians to their borJer
they felt too insecure at home to leave, and solicited pennission from the
executive to raise a company for defence against the Indians brought to their
doors. Or. Statesman, April 1, 1836.

400

EXTERML
ATION OF THE INDIANS.

Under the ne,v call t\VO companies were raised; SOllle
'v ho had served in the first northern battalion, after
relnaining at hOlne long enough to put in a fevv acres
of grain, reënlisted. 8 These ,vere still at Eugene City
,vaiting for arms ,vhen April \vas half gone.
The interlnission of aggressive operations greatly
enlboldened the Indians. The 2d regilnent ,vas scat-
tered, guarding isolated settlements. 9 Colonel 'Vill-
iaIDs had resigned on account of the strictures passed
upon his official management,lO and Lieutenant-colonel
J\fartin had resigned for a different reason. ll By elec-
tion on the 19th ofl\Iarch, 1856, Kelsey ,vas made colo-
nel, Chaprnan lieutenant-coloneJ, and Bruce and Lat-
shaw majors of their respective battalions. The south-
ern conlpanies ,vere ordered to rendezvous at Vannoy
Ferry, and the northern at Grave Creek, to be in readi-
ness to advance on The Meadows, the stronghold of
the enemy, and toward which all the trails seemed to
lead. At length, on the 16th of April, Chapnlan and
Bruce llloved \vith the entire southern battalion do\vn
the south side of Rogue River to\vard the supposed
camp of the enenlY, the northern battalion on the
17th passing do,vn the north side under Lamerick,
each division ,vith supplies for t,venty-five days.
Three detachments ,vere senii out to drive the Indians
to their retreat, and Lamerick announced his inten-
tion to the governor to stay ,vith the enemy until
they ,vere subdued or starved out.
8 H. C. Huston's autobiography, in Brown's lrfiscellany, MS., 48-9. Linn
county raised one company of 6.J men commanded by James Blakely; Lane
and Benton, one of 70 men, D. W. Keith captain.
9 In the latter part of Feb. they reappeared in the Dlinois valley, killing
two men and wounding three others. Soon after they killed one Guess
while ploughing Smith's farm, on Deer Creek. Guess left a wife and two
children. The yolunteers under O'Neil pursued the Indians and rescued the
family, of which there is a circumstantial account in a series of papers by J.
11. Sutton, called Scraps of 80'll,thern Oregon llistory, many of which are dra-
matically interesting, and extend through several numbers of the Ashland
'l.Y.idings for 1877-8.
10 R. L. Williams was a. Scotchman, impetuous, brave, and determined.
It was said that when he joined in the yells which the volunteers set up in
answer to those of the savages, the latter hung their heads abashed, so suc-
cessful was he in his efforts to outsavage the savages.
11
Iartin wag appointed receiver of the new land office at 'Vinchester.
Or. Statesman,
Iarch 11, 1856.

'YOOL'S Cili"\1P AIGN.

401

At the san1e tinle there ,vas on foot a movement on
the part of the regular forces to close the \var by a
course independent of that of the volunteer generals,
and directed by General Wool, 'v ho by the aid of
11laps and topographical reports had arranged his pro- .
posed canlpaign. 12 The secretary of ,var had deemed
it neccs;:5ary to administer a some\vhat caustic reproof,
since \vhich VV 001 had three several times visited Van-
couver, though he had not made a personal inspection
of the other forts. He can1e in November 1855, and
returned ,vithout rnaking his visit kno\vn to the gov-
ernor of Oregon. He came again in n1Îdwinter to
look into the conduct of sonle of his officers in the
Yakillla ,val', and to censure anù insult, as they thought,
both them and the governors of Oregon and Wash-
ington. And in
Iarch he once more returned; this
time bringing ,vith him the troops ,vhich were at
once to ans,ver the petition of Jackson county, and
to sho\v volunteers how to fight. On the 8th of
l\Iàrch, \v hile on the \vay to Vancouver, he left at
Crescent City Lieutenant-colonel Buchanan, with
officers and men an10unting to 96 rank and file, the
san1e 'v ho relieved the besieged settlers at the mouth
of Rogue River. On arriving at Vancouver he or-
dered to Port Orford Captain Augur, 4th infantry, to
reënforce l\Iajor Reynolds, 3d artillery, \vho ,vas di-
rected to protect the friendly Indians and the public
stores at that place. Captain ]'loyd Jones, 4th infan-
try, of Fort Hun1boldt, ,vas instructed to repair to
Crescent City to guard supplies and protect friendly
Indians at that place, in compliance \vith the request
of the superintendent. Captain Slnith of Fort Lane
,vas directed to repair to Port Orford with 80 dra-
goons, to Inake a junction ,vith Buchanan;13 and a
]2 'I have good reason to believe,' wrote Lamerick to the governor, 'that
General 'Vool has issued orders to the United States troops not to act in con-
cert with the volunteers. But the officers at Fort Lane told me that they
would, whenever they met me, most cordially coöperate '\\ith any volunteers
under my command.' Or. Statesman, April 22, 1836.
13 'Our company,' says one of Smith's men, 'was obliged to take to the
mountains 011 foot, as we had to climb most of the way where our horses
HI8T. OB" VOL. U. 26

402

EXTER
lINATIO
OF THE INDIANS.

general rendezvous was ordered at the mouth of the
Illinois River, \vhere Paln1er was to meet in council
the Indians ,vho ,vere being pursued by the volun-
teers, and lead them to the reservation on the coast
,vest of the vVillamette Valley. Slnith moved fronl
Fort Lane about the 13th of April, a fe\v days ear]ier
than the volunteer arnlY began its ll1arch on The
Meado\\ys.

On the 27th the t\VO battalions were ready to attack.
A reconnoissance by General Lalnerick in person had
discovered their camp on a bar of Rogue River, where
the lllountains rise on either side high and craggy,
and densely timbered with manzanita, live-oak, chin-
quapin, and chaparral, \vith occasional bald, grassy
hill-sides relieving the sOlnbre aspect of the scene. A
narrow strip of bottom-land at the foot of the heights,
covered with rank grass and brambly shrubs, consti-
tuted The l\feadows, \vhere all winter the Indians had
kept an ample supply of cattle in good condition for
beef. Upon a bar of the river overgrown \vith \vil-
lo\vs the Indians \vere domesticated, having their huts
and personal property.
The morning was foggy, and favorable for conceal-
ing the approach of the volunteers. Colonel Kelsey
,vith 150 nlen reached the north bank of the river
opposite and a little below the encan1pn1ent ,vithout
being discovered, \vhile the southern battalion took
pùsition on the south bank, a short distance above the
encamplnent. When the fog lifted a deadly voHey
from both sides was poured into the camp fron1 a dis-
tance of no lllore than fifty yards, killing fifteen or
t\venty before they could run to cover, which they
did very rapidly, carrying their dead with then1.
could not go. We crossed Rogue River on a raft last Easter :Monday, fought
the Indians, drove them from their village, and burned it. . . \Ve suffered great
hardships on the march; there was a thick fog on the mountains, and the
guiùe could not make out the trail. 'Ve were seven days straying about,
while it rained the whole time. Our provisions ran out before the weather
cleared and we arrived at Port Orford. ' This was the kind of work the vol.
unteers had been at all winter, with little sympathy from the regulars.

FIGHTS AT THE
fEADOWS.

403

When they had had time to recover fronI the first
recoil, the battle fell into the usual exchange of shots
from behind the rocks and trees. It ,vas prolonged
till late in the afternoon, with considerable additional
loss to the Indians, and t\VO \vhite men \vounded.l4:
Next day Lamerick attempted to send across
t\venty-four TI1en in t\VO canvas boats, but ,vas pre-
vented by the shots of the enemy. And the day fol..
lo\ving the Indians could be seen through the falling
sno\v \vending their way over the nlountains ,vith
their effects, ,vhile a few warriors held the \vhite men
at bay; so that when on the 29th Lamerick's army
finally entered their camp, it was found deserted. All
that remained \vas the offal of slaughtered oxen, and
t\VO scalps of white men suspended to a limb of a tree. 15
Fortifications ,vere then erected at Big l\leado\vs,
eight miles belo\v, and called Fort Lamerick, where
part of the force remained, while the rest returned to
hea(lquarters, t"70 companies disbanding. A month
later l\Iajor Latsha\v led 113 ll1en on the trail of the
Indians, and on the 28th of l\fay a fe\v ,vere over-
taken and killed by a detachn1ent under Lieutenant
Ha\vley; ,vhile Captain Blakely in a running fight of
four miles down the river killed half a dozen, and
took fifteen prisoners, two Rogue River chiefs, George
and Linlpy, narrowly escaping. 16 Skirmishing con-
tinued, but I have not space for the n1ultiplicity of
detail.
The Indians lost in the spring campaign fifty war-
riors killed and as maJ
y )I1o;re wounded, besides being

If Elias D.
Iereert mortally. He was a native of Va., and resided in Cow
Creek valley; was 29 years of age, and unmarried; a member of \Vilkinson's
company; a brave and worthy young man. Or. Statesman, :May 13t 1856. On
the day before the battle McDonald Hartness, of Grave Creek, and \Vagoner
were riding express from Fort Leland to Lamerick's camp, when they were
shot at by Indians in ambush. Wa.goner escaped, but Hartness was killed.,
cut in pieces, and his heart removed. He was from Ohio, but had lived on
Grave Creek about a year, and was a man of excellent character. Volunteer,
in Or. Statesman, May 20, 1856; Portland Oregonian,
fay 17, 1856; 8. Fe
Bulletin, May 19, 1856; Or. and Wash. Scrap.fI, 31.
15 H. C. Huston, in Brown's A:liscellanYt 1\18., 49.
16 Rept of Lamerick, in Or. Statesrrw.n, June 24, 1856.

404

EXTER:\IINATION OF THE INDIANS.

great1y crippled in their resources of provisions, am-
lllunition, and gold-dust by the destruction of their
caches. l\Iany of them were tired of being driven
back and forth through t.he mountains, and ,vould
ha ve sued for peace but for the indomitable ,viII of
their leader, John. That ,varrior ,vas as far as ever
from being conquered, and still able to cope with
either volunteer or regular armies. 17

Let us turn to the operations of General Wool's
army. Buchanan had been more than a month at
the lllouth of Rogue River endeavoring to induce the
Indians to go quietly on a reservation, but \vithout
success. After some n1anæuvring, during which the
17 About this time a person named John Beeson, a foreigner by birth, but
a naturalized citizen of the U. S., who had emigrated from Ill. to Rogue
RÏ\-er in 1853, wrote letters to the papers, in which he affirmed that the Ind-
ians were a friendly, hospitable, and generous race, who had been oppressed
until forbearance was no virtue, and that the war of 1853 and the present
war were justifiable on the part of the Indians and atrocious on the part
of the whites. He supported his views by quotations from military officers
and John :McLoughlin, and made some good hits at party politics. He gave
a truthful account of the proceedings of the democratic party; but was as
unjust to the people of southern Oregon as he was censorious toward the
governor and his advisers, and excited much indignation on either hand.
He then began writing for the S. F. Il erald, and the fact becoming known
that he was aiding in the spread of the prejudice already created against
the people of Oregon by the military reports, public meetings were held
to exprt:ss indignation. Invited to one of these, without notification of
purpose, Beeson had the mortification of having read one of his letters to
the Herald, which had been intercepted for the purpose, together with an
article in the N. Y. Tribune supposed to emanate from him, and of listening
to a series of resolutions not at all flattering. 'Fearing violence,' he says,
'I fled to the fort for protection, and was escorted by the U. S. troops be-
yond the scene of excitement.' BeLson published a book of 143 pages in
1838, called A Plea for the Indians, in which he boasts of the protection
given him by the troops, who seemed to regard the volunteers with con-
tempt. He seemed to have found his subject popular, for he followed up the
Plea with A Sequel, containing an Appeal in behalf of tiLe Indians; Cor7'espolld-
ence with the British Aboriginal Aid Association; Letters to Rev. If. JV. Beecher,
ill 'which objections are answered; Review of a Speech delivered by the Rev.
Theodore Parkpr; A Petition in behalf of the Cit.izens of Oregon and JVash-
in[}ton Te7 o ritories for Indemnity on account of Losse.
t/trou[}h Indian JVars;
An Address to the JVomen of America, etc. In addition, Beeson delivered
lectures on the 'Indians of Oregon' in Boston, where he advocated his pe-
culiar views. At one of these lectures he was confronted by a citizen of
'Vashington territory, Sayward's Pionf'er Reminiscences, MS., 8-10; and at a
meeting at Cooper Institute, New York, by Captain Fellows of Oregon. Or.
Statesman, Dec. 28, 1858. It was said that in ISGO he was about to start
a paper in New York, to be called the Calumpt. Rossi's Souvenirs. In
18ü3 Beeson endeavored to get an appointment in the Indian department,
but being opposed by the Oregon senators, failed. Or. Ar[Jus, June 8, 18G3.

ORD'S EXPEDITION.

405

troops stood on the defensive, Ord ,vas sent ,vith 112
Inen, on the 26th of April, to destroy a village of

lackanootenais, eleven n1iles from Whaleshead, as a
nleans of inducing them to come to terms, \vhich ,vas
acconlplished after some fighting, ,vith the loss of one
nlan. On the 29th Ord llloved from his encarnpment
to escort a large governn1ent train from Crescent
City to the mouth of Rogue River. His con1lnand
of sixty men ,vas attacked at the Chetcoe River by
about the same number of Indians. In the skirmish
he lost one man killed and t,vo or three ,vounded,
and slew five or six of the enemy, the attacking party
being driven from the field. IS And there \vere a
fe\v other like ad ventures.
In the lllean time the volunteer con1panies 011 the
coast \vere not idle. The Coos county organization
under captains W. H. Harris and Creighton, aud
Port Orford company under R. Bledsoe, harassed the
Indians continually, ,vith the design of forcing theln
into the hands of the regulars. The Coquilles at
one time surrendered themselves, and agreed to go
on the reservation, but finally feared to trust the
white man's ,vord. Lieutenant Abbott surprised t\VO
canoes containing t\velve \varriors and three women,
and killed all but one \varrior and t\VO ,vomen.
Again the Indians gave signs of yielding, and many.
of the Coquilles \vho had been gathered on the mili-
tary reservation at Port Orford by the Indian agents,
but ,vho had run a\vay, returned and gave themselves
up. These declared that Enos and John had deceived
and deserted them. They had been told that the
,yhite people in the interior were all slain, and that if
they \vanld kill those on the coast none ,vould be left.
Early in l\Iay Buchanan Jnovecl his force to the
mouth of the Illinois River. vVith hinl \vere several
Indians 'v ho had surrendered, t.o be used as messen-
gers to the hostile bands. These, chiefly WOlllen,

18J. C. F., in Or, State,çman, June 10, 1836; Cram's Top. Mem., 50; Cres-
cent City /1 erald, June 4, 1836.

406

EXTER)IINATION OF THE INDIANS.

were sent out to gather the chiefs in council at Oak
Flat on the right bank of the Illinois River, not far
above the 1110uth. In this mission the nlessengers
,v ere successful, all the principal war-chiefs being in
attendance, including J ohn,19 Rogue River George,
Lirnpy, and the chiefs of the Cow Creek and Galice
Creek bands. The council ,vas set for the 21st of
May. On that day the chiefs came to the appointed
place as agreed, and all, ,vith the exception of John,
consented to give up their arms on the 26th, at The
l\feadows, and al1o,v Smith to escort a part of theln
to the coast reservation by the way of Fort Lane.
Others \vere to be escorted by different officers to
Port Orford, and taken thence to the reservation by
steamer. John, ho\vever, still held out, and declared
his intention not to go on the reservation. To Colo-
nel Buchanan he said : "You are a great chief; so
am I. This is my country; I was in it when these
large trees were very small, not high