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THE vVORI
S 


OF 


HUBERT HO\VE BANOROFT 




THE ,VOI{I{S 


OF 


HUBERT HO'VE BANOROFT 


VOLU)IE xxx 


HISTORY OF OREGON 


VOL. II. 1848-1888 


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

Y, PUnLISIIEI
S 
I 
1888 



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


All Rights Resc7'1-'ed. 



OONTENTS OF THIS VOL U1fE. 


CHAPTER I. 


CONDITION OF AFFAIRS. 
1848. 


PAGK 
Population-Products-Places of Settlement-The First Families of Ore- 
gon-Stock-raising and Agriculture-Founding of Towns-Land 
Titles-Ocean Traffic-Ship-building and Commerce--,-Domestie 
:Matters: Food, Clothing, and Shelter-Society: Religion, Educa.- 
tion, aud 1Iorals-Benevolent Societies-Aids and Checks to Prog- 
ress-Notable Institutions-Character of the People.............. 1 


CHAPTER II. 


EFFECT OJ' THE CALIFORNIA GOLD DISCOVERY. 
1848-1849. 
The Magic Power of Gold-A New Oregon-Arrival of Newell-Sharp 
Traffic-The Discovery Announced-The Stampede Southward- 
Overland Companies-Lassen's Immigrants-Hancock's 
lanuscript 
-Character of the Oregonians in California-Their General Sue. . 
cess-Revolutions in Trade and Society-Arrival of Vessels-In. 
crease in the Priees of Products-Change of Currency-The Ques- 
tion of a Mint-Private Coinage-Influx of Foreign Silver-Effect . 
on Society-Legislation-Immigration........ ............ ...... ... 42 


CHAPTER III. 


LANE'S ADl\HNISTRATIOS'. 


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



x 


CONTENTS. 


CHAPTER IV. 


A. DELEGATE TO CONGRESS. 
1849-1850. 
. PAGB 
The Absence of Judges-Island 
Iills-Arrival of WilliamStrong-Oppo- 
sition to the Hudson's Bay Company-Arrest of British Ship Cap- 
tains-George Gibbs-The .Albion Affair-Samuel R. Thurston 
Chosen Delegate to Congress-His Life and Character-Proceeds 
to "
ashington-Misrepresentations and Unprincipled :Measures- 
Rank Injustice toward :McLoughlin-Efficient Work for Oregon- 
The Donation Land Bill-The Cayuse 'Var Claim and Other Appro- 
priations Secured-The People Lose Confidence in their Delegate-- 
Death of Thurston............................................ 101 


CHAPTER V. 


ADMINISTRATION OF GAINES. 
1850-1852. 
An Official Vacancy-Gaines Appointed Governor-His Reception in Ore- 
gon-The Legislative Assembly in Session-Its Personnel-The Ter- 
ritorial Library-Location of the Capital-Oregon City or Salem- 
Warm and Prolonged Contest-Two Legislatures-War between the 
Law-makers and the Federal Judges-Appeal to Congress-Salem 
Declared the Capital-A New Session Called-Feuds of the Public 
Press-Unpopularity of Gaines-Close of his Term-Lane Appointed 
his Successor.................................................. 139 


CHAPTER \ry:. 


DISCOVERY OF GOLD IN OREGON. 
1850-1852. 
Politics and Prospecting-Immigration-An Era of Discovery-Explora- 
tions on the Southern Oregon Seaboard-The California Company- 
The Schooner Samuel Roberts at the 
Iouths of Rogue River and the 
Umpqua-Meeting with the Oregon Party-Laying-out of Lands and 
Town Sites-Failure of the Umpqua Company-The Finding of 
Gold in Various Localities-The Mail Service-Efforts of Thurston 
in Congress-Settlement of Port Orford and Discovery of Coos Bay 
-The Colony at Port Orford-Indian Attack-The T'Vault Expedi- 
tion-1vIassacre-Government Assistance...... ...... ..... . .!..... 174 


CHAPTER VII. 


INDIAN AFFAIRS. 
1851. 
Politics-Election of a Delegate-Extinguishment of Indian Titles-Ind- 
ian Superintendents and Agents Appointed-Kindness of the Great 
Father at Washington-Appropriations of Congress-Frauds Arising 



CONTENTS. 


xi 


PAGB 
from the System-Easy Expenditure of Government :Money-Un- 
popularity of Human Sympathy-Efficiency of Superintendent Dart 
-Thirteen Treaties Effected-Lane among the Rogue River Indians 
and in the 
Iines-Divers Outrages and Retaliations-
ilitary 
Affairs-Rogue River War-The Stronghold-Battle of Table Rock 
-Death of Stuart-Kearney's Prisoners...... ...... ... ... ... .... 205 


CHAPTER VIII. 


PLAUSIBLE PACIFICATION. 
1851-1852. 
Officers and Indian Agents at Port Orford-Attitude of the Coquilles- 
U. S. Troops Ordered out-Soldiers as Indian-f1ghters-The Savages 
too 11uch for Them-Something of Scarface and the Shastas-Steele ,. 
Secures a Conference-Action of Superintendent Skinner-Much 
Ado about Nothing-Some Fighting-An Insecure Peace-
ore 

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


CHAPTER IX. 


SURVEYS AND TOWN -MAKING. 
1851-1853. 
Proposed Territorial Division-Coast Survey-Light-houses Established 
-James S. Lavtson-His Biography, Public Services, and Contribu- 
tion to History-Progress North of the Columbia-South of the 
Columbia
Birth of Towns-Creation of Counties-Proposed New 
Territory-River Navigation-Improvements at the Clackamas Rap- 
ids-On the Tualatin River-La Creole River-Bridge-building- 
Work at the Falls of the Willamette-Fruit Culture-The First 
Apples Sent to California-Agricultural Progress-Imports and Ex- 


ports-Society . . . . . . . . . . . . . . . . .. ...... ........................ .:247 


CHAPTER X. 


LAND LAWS AND LAND TITLES.. 
1851-1855. 
The Donation Law-Its Provisions and Workings-Attitude of Congress 
-Powers of the Provisional Government-Qualification of V oters- 
Surveys-Rights of Women and Children-Amendments-Preëmp. 
tion Privileges-Duties of' the Surveyor-general-Claimants to 
Lands of the Hudson's Bay and Puget Sound Companies-Mission 
.Claims-Methodists, Presbyterians, and Catholics-Prominent Land 
Cases-Litigation in Regard to the Site of Portland-The Rights of 
Settlers-The Caruthers Claim-The Dalles Town-site Claim-Pre- 
tensions .of the Methodists-Claims of the Catholics-Advantages 
and Disadvantages of the Donation System. ..... ... ... ... ... .... 260 



:xii 


CONTENTS. 


CHAPTER XI.. 


POLITICS AND PROGRESS. 
1853. 


PAGB 
Legislative Proceedings-Judicial Districts-Public Buildings-Tenor of 
Legislation-Instructions to the Congressional Delegate-Harbors 
and Shipping-Lane's Congressional Labors-Charges against Gover. 
nor Gaines-Ocean Mail Service-Protection of Overland Immigrants 
-Military Roads-Division of the Territory-Federal Appoint. 
menta-New Judges and their Districts-Whigs and Democrats- 
Lane as Governor and Delegate-Alonzo A. Skinner-An Able and 
Humane 1\Ian-Sketch of his Life and Public Services............. 296 


CHAPTER XII. 


ROGUE RIVER WAR. 
1853-1&54. 
Impositions and Retaliations-Outrages by White Men and Indians- 
The 1\Iilitary Called upon-'\Var Declared-Suspension of Business- 
Roads Blockaded-Firing from Ambush-Alden at Table Rock- 
Lane in Command-Battle-The Savages Sue for Peace-Armistice 
-Preliminary Agreement-Hostages Given-Another Treaty with 
the Rogue River People-Stipulations-Other Treaties-Cost of the 
\Var................................... ......... ............ 311 


CHAPTER XIII. 


LEGISLATION, MINING, AND SETTLEMENT. 
1853-1854. - 
John W. Davis as Governor-Legislative Proceedings-Appropriations 
by Congress-Oregon Acts and Resolutions-Affairs On the Ump- 
qua-Light-house Building-Beach Mining-Indian Disturbances- 
Palmer's Superintendence-Settlement of Coos Bay-Explorations 
and 
Iountain-elimbing-Politics of the Period-The Question of 
State Organization-The People not Ready-Hard Times-Deca. 
dence of the Gold Epoch-Rise of Farming Interest-Some First 
Things-Agricultural Societies- '\V oollen Mills- Telegraphs-Ri ver 
and Ocean Shipping Interest and Disasters-Ward Massacre-Mil- 
itary Situation.........:.......... 
 . . . . . . . . . . . . . . . . . . . . . . . . . .. 322 


CHAPTER XIV. 


GOVERNMENT AND GENERAL DEVELOPMENT. 
1854-1855. 
Resignation of Governor Davis-His Successor, George Law Curry- 
Legislative Proceedings-Waste of Congressional Appropriations- 
State House-Penitentiary-Relocation of the Capital ånd Univer- 
sity-Legislative and Congressional Acts Relative thereto-More 



CONTENTS. 


xiii 


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


CHAPTER XV. 


FURTHER INDIAN WARS. 
1855-1856. 
Indian Affairs in Southern Oregon-The Rogue River People-Extermi. 
nation Advocated-Militia Companies-Surprises and Skirmishes- 
Reservation and Friendly Indians Protected by the U. S. Govern- 
ment against 1\Hners and Settlers-More Fighting-Volunteers and 
Regulars-Battle of Grave Creek-Formation of the Northern and 
Southern Battalions-Affair at the 1\:leadows-Ranging by the V 01- 
unteers-The Ben Wright Massacre.................. .... ....... 369 


CHAPTER XVI. 


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


ÇHAPTER XVII. 


OREGON BECOMES A STATE. 
1856-1859. 
Legislature of 1855-6-Measures and Memorials-Legislature of 1856-7 
-No Slavery in Free Territory-Republican Convention-Election 
Results-Discussions concerning Admission-Delegate to Congress- 
Campaign Journalism-Constitutional Convention-The Great Ques- 
tion of Slavery-No Black :Men, Bond or Free-Adoption of a State 
Constitution-Legislature of 1857-8-State and Territorial Bodies 
-Passenger Service-Legislatures of 1858-9-Admission into the 
lJnion......... .............. ................................413 


CHAPTER XVIII. 


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



xiv 


CONTENTS. 


P.A.G. 
publican Convention-Nominations and Elections-R
ptnre in the 
Democratic Party-Sheil Elected to Congress-Scheme of a Pacific 
Republic-Legislative Session of 1860-Nesmith and Baker Elected 
U. S. Senators-Influence of Southern Secession-Thayer Elected 
to Congress-Lane's Disloyalty-Governor \Vhiteaker-Stark) U. S. 
Senator-Oregon in the 'Var-N ew Officials...................... 442 


CHAPTER XIX. 


WAR AND DEVELOPMENT. 
1858-1862. 

y ar Departments and Commanders-Military Administration of General 
Harney-\Vallen's Road Expeditions-Troubles with the Shoshones 
-Emigration on the Northern and Southern Routes-Expeditions 
of Steen and Smith-Campaign against the Shoshones-Snake River 
:Massacre-Action of the Legislature-Protection of the Southern 
Route-Discovery of the John Day and Powder River Mines-Floods 
and Cold of 1861-2-Progress of Eastern Oregon.............,..... 460 


CHAPTER XX. 


MILITARY ORGANIZATION AND' OPERATIONS. 
1861-1865. 
Appropriation Asked for-General 'Vright-Six Companies Raised-At- 
titude toward Secessionists-First Oregon Cavalry-Expeditions of 
:Maury, Drake, and Curry-Fort Boisé Established-Reconnoissance 
of Drew-Treaty with the Klamaths and Modocs-Action of the 
Legislature-First Infantry Oregon Volunteers............... _.. .. 488 


CHAPTER XXI. 


THE SHOSHONE WAR. 
1866-1868. 
Companies and Camps-Steele's Measures-Halleck Headstrong-Battle 
of the Owyhee-Indian Raids-Sufferings of the Settlers and Trans- 
portation 
Ien-:Movements of Troops-Attitude of Governor \V oods 
-Free Fighting-Enlistment of Indians to Fight Indians-1iilitary 
Reorganization-Among the Lava-beds-Crook in Command-Ex- 
termination or Confinement and Death in Reservations.... . . . . . . .. .512 


CHAPTER XXII. 


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



CO
7Ems. 


xv 


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


CHAPTER XXIII. 


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


CHAPTER XXIV. 


LATER EVE
'fS. 


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


. 



. 



HISTORY OF OREGON. 


CHAPTER I. 


CONDITION OF AFFAIRS. 
1848. 


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


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


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



2 


COXDITIO
 OF AFFAIRS. 


company and the Alnerican nlerchants. One \vTiter 
estirnated the conlpany's stock in 1845 at 20,OOC 
bushels, and that this was not half of the surplus. 
As many farmers reap from sixty to sixty-five bushels 
of \vheat to the acre,2 and the poorest land returns 
t\venty bushels, no great extent of so\ving is required 
to furnish the 111arket \vith an amount equal to that 
nan1ed. Agricultural n1achinery to any considerable 
extent is not yet kno\yn. Threshing is done by driv- 
ing horses over the sheaves stre\vn in an enclosure, 
first trodden hard by the hoofs of \vild cattle. In the 
SUll1I11er of 1848 Wallace and Wilson of Oregon City 
construct t\VO threshing-nlachines \vith endless chains, 
\\yhich are hencefor\vard n1uch sought after. 3 The usual 
price of \vheat, fixed by the Hudson's Bay C0L11pany, 
is sixty-t\VO and a half cents; but at different tilHes it 
has been higher, as in 1845, \vhen it reached a dollar 
and a half a bushel,4 owing to the influx of population 
that year. 
The flouring of \vheat is no longer difficult, for there 
are in 1848 nine grist-n1ills in the country.5 Nor 
is it any longer impossible to obtain sa\ved lun1ber 
in the lo\ver parts of the valley, or on the Colull1bia, 
for a larger nun1ber of l11ills furnish n1aterial for build- 
ing to those \vho can afford to purchase and provide 
the means of transportation. 6 .The larger nUI11ber of 


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



FOUKDING OF TO\VNS. 


3 


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


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



4 


COXDITION OF AFFAIRS. 


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


was living in charge of the warehouse of the Hudson's Bay Company, and 
where during the spring and summer Peter 'v. Crawford, E. 'Vest, and one 
or two others'settled. Before the autumn of 1849 several families were located 
near the mouth of the Cowlitz. H. D. Huntington, Nathaniel Stone, David 
Stone, Seth Catlin, James PO'rter, and R. C. Smith were making shingles 
here for the California market, Below the Cowlitz, at olll Oak Point on the 
south side of the river, lived John :McLean, a Scotchman. Oak Point :Mills 
on the north side were not built till the following summer, when they were 
erected by a man named Dyer for Abernethy and Clark of Oregon City. At 
Cathlamet on the north bank of the riv('r lived James Birnie, whO' had 
settled there in l84û. There was no settlement between Cathlamet and 
Hunt's :I\Iill, and none between Hunt's :Mill, where a man named Spears was 
living, and Astoria, except the claim of Robert Shortess near Tongue Point. 
At Astoria the old fur company's post was in charge of 1Ir l\IcKay; and 
there were several Americans living there, namely , John 
lcClure, James 
'Yelch, John 1\1. Shively, Van Dusen and family, and others; in all about 
30 persons; but the town was partially surveyed this year by P. \V. Craw- 
ford. There were about a dozen settlers on Clatsop plains, and a tuwn had 
been projected on Point Adams by two brothers O'Brien, called New York, 
which never came to anything. At Baker Bay lived J olm EdmUlllls, though 
the claim belonged to Peter Rkeen Ogden. On Scarborough Hill, just 
abo\Te, a claim had been taken by an English captain of that name in the 
service of the Hudson's Bay Company. The greater number of these items 
have been taken from Craujo'rd's Nar'rativf, l\lS.; but other authorities have 
contributed, namely: JJlinto's Early Days, 
IS.; JVeed's Queen Charlotte I. 
Expe(l., 1\18.; Deady's llist. Or., 1\18.; Pettygrove
s Or., 
lS,; Lovejoy's Port- 
laud, JUS.; lrloss' Pioneer Times, 11S.; Brown's JVillamette Valley, :1\1S.; 
Or: Statutes; Victor's Oregon and JVash.; l./urphy's Or. Directory, 1; S. I. 
Fnend, Oct. ]5, 1849; Wilkes' Nar.; Palmer's Journal; Home Missionary 
IJI a[/., xxii. 63-4. 
8' The most beautiful country I ever saw in my life.' JVeed's Queen Char- 
loilf I. Exped., 
1S., 2. 
v Clyman)s Note Book, 
IS., 6; TV. B. Ide's Biog., 34. 



THE OREGON INSTITUTE. 


5 


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


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

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



5 


CONDITION OF AFFAIRS. 


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


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



THE BEGINNING OF PORTLAND. 


7 


thought advisable; also to begin the sale by public 
auction of the to,vn lots, as surveyed for that pur- 
pose, the first sale to take place September 10, 1846. 
Only half a dozen families were there previous to 
this tilne. 13 
In July 1847 a bond ,vas signed by Wilson, the 
conditions of ,vhich ,vere the forfeiture of $100,000, or 
the fulfihnent of the follo"\ving terms: That he should 
hold in trust the six hundred and forty acres thro\vn off 
froIn the land-claims above 111entioned; that he should 
pay to the 111issionary society of the Methodist Epis- 
copal church of Oregon and to the Oregon Institute 
certaiti. SUIl1S aillounting to $6,000; that he should use 
aU diligence to perfect a title to the institute claim, 
and ,vhen so perfected convey to the first annual con- 
ference of the Methodist church, ,vhich should be 
established in Oregon by the general conference of 
the United States, in trust, such title as he hilnself 
had obtåined to sixty acres kno,vn as the' institute 
reserve,' on ,vhich the institute building ,vas situated- 
for ,vhich services he was to receive one third of the 
1110ney derived fron1 the sale of to\Yll lots on the un- 
reserved portion of the six hundred and forty acres 
c01l1prised in the Sale In to\vn-site and belonging to the 
several clain1ants. Under this arrangelnent, in 1848, 
"\Vilson and his ,vife ,vere residing ill the institute 
building on the reserved sixty acres, 1\lrs vVilsol1 
having charge of the school, ,vhile the agency of the 
to,vn property remained ,vith her husband. 
The subsequent history of Salenl to\vn-site belongs 
to a later period, but 111ay be briefly given here. 
"\Vhen the Oregon donation la,v ,vas passed, ,vhich 
ga ye to the ,vife half of the 111ile square of land elll- 
braced in the donation, Wilson had the dividing line 
on his land run in such a 111annCr as to thro,v the 
reserve ,vith the institute building, coy-ered by his 
claim, upon the ,vife's portion; and 1\1rs "\Vilson being 


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



8 


CONDITION OF AFFAIRS. 


under no legal obligation to 111ake over anything to 
the Oregon confercnce, in trust for the institute, re- 
fused to listen to the protests of the trustees so neatly 
tricked out of their cherished educational enterprise. 
In this condition the institute languished till 1854, 
,v hen a settlement ,vas effected by the restoration uf 
the reserved sixty acres to the trustees of the '''ìilla- 
lllctte U ni versi ty, and t\VO thirds of the unsold re- 
mains of the south-,vest quarter of the Saleln to\vn- 
site ,vhich \Vilson ,vas bound to bold for the use of 
that institution. \Vhether the restoration ,vas an act 
of honor or of necessity I \vil1 not here discuss; the 
act of congress under 'v hich the territory ,vas organ- 
ized recognized as binding all bonds and obligations 
entered into under the provisional government. 14 In 
later years SOUle inlportant la,vsuits gre\v out of the 
pretensions of Wilson's heirs, to an interest in lots 
sold by him \vhile acting agent for the trustees of the 
to,vn-site. 15 
Portland in 1848 had but t\VO fralne buildings, 
one the residence of F. W. Pettygrove, ,vho had re- 
n10ved from Oregon City to this ha111let on the river's 
edge, and the other belonging to Thomas Carter. 
Several log-houses had been erected, but the place 
had no trade except a little fronl the Tualatin plains 
lying to the south, beyond the heavily tin1bereù high- 
lands in that direction. 
The first o\vner of the Portland land-clainl was 
vVillialll Overton, a Tennesseean, \vho caIne to Oregon 
about 1843, and presently took possession of the 
place, where he ll1ade shingles for a time, but beino' 
of a restless disposition \vent to the Sand\vich Island
 
and returning dissatisfied and out of health, resolved 
to go to Texas. l\Ieeting ,vith A. L. Lovejoy at Van- 
couvcr, aud returning ,vith hinl to Portland in a canoe, 
he offered to resign the claim to hinl, but subsequently 


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



VANCOUVER TO'VN. 


9 


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


16 Deady, in Overland 

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



10 


CONDITION OF AFFAIRS. 


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


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



CONSTRUCTION OF ROADS. 


11 


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


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



12 


CONDITION OF AFFAIRS. 


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

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



CURRENCY AND PRICES. 


13 


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


On account of the unu.sual and late rains in the 
sunllner of 1847, the large in1nligration \vhich greatly 
increased the home consumption, and the Cayuse \VaT 
\vhich reduced the number of producers, the colony 
experienced a depression in business and a rise in 
prices \v hich ,vas the nearest approa.ch to financial 
distress ,vhich the country had yet suffered. Farm- 
ing utensils "
ere scarce and dear, cast-iron ploughs 
seIJing at forty-five dollar8.23 Other tools ,vere equally 
scarce, often requiring a n1an ,vho needed an axe to 
travel a long distance to procure one second-hand at 
a high price. This scarcity led to the manufacture 
of axes at Vancouver, for the company's own hunters 
and trappers, before spoken of as exciting the suspi- 
cion of the Anlericans. Nails brought from t,v-enty 
to t\venty-five cents per pound; iron t\velve and a 
half. Groceries \vere high, coffee bringing fifty cents 
a pound; tea a dollar and a half; coarse Sand\vich 
Island sugar t\velve and fifteen cents; common n1'o- 
lasses fifty cents a gallon. Coarse cottons brought 
t\venty and t\venty-five cents a yard; four-point 
blankets five dollars a single one; but ready-made 
comrnon clothing for men could be bought cheap. 
Flour \vas selling in the spring for four and five 
dollars a barrel, and potatoes at fifty cents a bushel; 


21 It was discovered within a few years, and is known as :Minto's Pass. A 
roarlleading from Albany to eastern Oregon through this pass was opened 
about 1877. 
22 :Mention is made at this early day of discoveries of coal, iron, copper, 
plumbago, mineral paint, and valuable building and lime stone. Thornton's 
01'. and Oal., i. 331-47; S. F. Californian, April 19, 1848. 
23 Brown says: "Vereaped our wheat mostly with sickles; we made wooden 
mould-boards with a piece of iron for the coulter.' JVillamette Valley, 1IS., 6. 



14 


CONDITION OF AFFAIRS. 


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


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



SHIPPING. 


15 


Vancouver to be paid in monthly sums to the crew 
of the JIodeste. 27 The subsequent overland arrivals 
brought some coin, though not enough to. re1nedy the 
e-vi l. 
One effect of the condition of trade in the colony 
was to check credit, which in itself ,vould not have 
been injurious, perhaps,28 had it not also tended to 
discourage labor. A Inechanic ,vho ,vorked for a 
stated price ,vas not ,villing to take \v hatever lllight 
be given him in return for his labor. 29 
Another effect of such a nlethod ,vas to prevent 
vessels cOIning to Oregon to trade. so The nUlnber of 
27 Roberts' Recollections, 
IS,. 21; Ebbert's Trapper's Life, 
IS., 40. 
28 Howison relates that he found many families who, ratl}er than incur debt, 
had lived during their first year in the country entirely on boiled wheat and 
salt salmon, the men going without hat or shoes while putting in and harvest- 
ing thdr first crop, Coast and Country, 16. 
:!9.1\Ioss gives an illustration of this check to industry. A man named 
Anderson was employed by Abernethy in his saw-mill, and labored night and 
day. Abernethy's stock of goods was not large or well graded, and he would 
sell certain articles only for cash, eyen when his own notcs were presented. 
Anderson had purchased part of a beef, '" hich he wished to salt for fa.mily 
use, but salt being one of the articles for which cash was the equivalent at 
Abernethy's store, he was refused it, though Abernethy was owing him, and 
he was obliged to go to the fur company's store for it. Pioneer 'l'ime.-;, 
IS., 
40-3. 
so Herewith I summarize the Oregon ocean traffic for the 14 years since the 
first American settlement, most of which occurrences are mentioned elsewhere. 
The Hudson's Bay Company employed in that period the barks Ganymprle, 
Forage}", Nereid, Columbia, Cou'litz, Diamond, V'ancouver, JVave, Brothf'rs, 
Janel, Admiral 1.[oorso7n, the brig .Mary Dare, the schooner Cadboro, and the 
steamer Bearer, several of them owned by the company. The Beaver, after 
her first appearance in the river in 1836, was used in the coast trade north 
of the Columbia. The barks Cowlitz, Columbia, Vanco'llt'er, and the schooner 
Cadboro crossed the bar of the Columbia more frequently than any other Yes- 
sels from 1836 to 1848. The captains engaged in the English service were 
Eales, Royal, Home, Thompson, .1\IcNeil, Duncan, Fowler, Brotchie, 
Iore, 
Darby, Heath, Dring, Flere, \Veyingtoll, Cooper, McKnight, Scarborough, and 
Hl:mphreys, who were not always in command of the same vessel. There 
was the annual \'essel to and from England, but the others were employed in 
trading along the coast, and between the Columbia TIiver and the Sandwich 
Islands, or Califon1Ía, their voyages extending sometimes to Valparaiso, from 
which 11arts they brought the few passengers coming to Oregon. 
The first American ,'essel to enter the Columbia after the arrival of the 
missionaries was the brig Lm"iot, Captain Bancroft, in Dec. 1836; the second 
the Diauo, Captain 'V. S. Hinckley, l\1ay 1837; the third the Lausanne, 
Captain Spaulding, :May 1840. None of these came for the purpose of trade. 
There is mention in the 25th Cmlg., 3d Bes8., U. S. Com. Rcpt. 101, 58, of 
the ship Joseph P(,(lbod!f fitting out for the Northwest Coast, but she did not 
enter the C1lumbia so far as I can learn. In August 1840 the first American 
trader since 'Yyeth arrived. This was the brig 1.lm'yland, Captain John H. 
Couch, from Newburyport, belonging to the house of Cushing & Co. She took 
a. few fish and left the river in the autuIDu no\ er to return. In April 1841 



16 
American vessels ,vhich brought goods to the Colum- 
bia or carried away the products of the colony ,vas 
small. Since 1834 the bar of the Columbia had been 
crossed by American vessels, coming in and going 
out, fifty-four times. The list of Alnerican vessels 
entering during this period cOll1prised t,venty-t\VO of 


CO:KDITION OF AFFAillS. 


the second trader appeared, the Thomas H. Perkin.'!, Captain Varney. She 
remained through the summer, the Huùson's Bay Company finally purchas- 
ing her cargo anù chartering the yessel to get rid of her. Then came the U. S. 
exploring expedition the same year, whose vessels did not enter the Columbia 
owing to the loss of the Peacock on the bar. After this disaster \Vilkes bought 
the charter and the name of the Perkins was changed to the Oregon, and she 
left the river with the shipwrecked mariners for California. On the 2d of 
April 1842 Captain Couch reappeared with a new ,-ressel, the ChenamllS, named 
after the chief of the Chinooks, He brought a cargo of goods which he took 
to Oregon City, where he established the first American trading-house in the 
\Villamette Valley, anù also a small fishery on the Columbia. She sailed for 
Newburyport in the autumn. On this vessel came Richard Ekin from Liver- 
pool to Valparaiso, the Sandwich Islands, and thence to Oregon. He settled 
near Salem and was the first saddle-maker. From which circumstance I call 
his dictation The Saddle-.ilJaker. Another American vessel whose name does 
not appear, but whose captain's name was Chapman, entered the river April 
lOth to tradc and fish, and remained till autumn. She sold liquor to the Clatsop 
and other savages, find occasioned much discord and bloodshed in spite of the 
protests of the missionaries. In :May 1843 the ship Fama, Captain Nye, arrived 
with supplies for the missions, 
he brought seyeral settlers, namely: Philip Fos. 
ter, wife, and 4 children; F. 'V. Pettygrove, wife, and child; Peter F. Hatch, 
wife and child; and Nathan P. 
lack. Pettygrove brought a stock of goodsalld 
began trade at Oregon City. In August of the same year another vessel of the 
N ewburyport Company arrived with Indian goods, and some articles of trade 
for settlers. This was the bark Pallas, Captain Sylvester; she remained until 
Kovember, when she sailed for the Islands and was sold there, Sylvester 
returning to Oregon the following April 1844 in the Chenam'lls, Captain Couch, 
which had made a voyage to Newburyport and returned. She brought from 
Honolulu Horace Holden and family, who settled in Oregon; also a l\Ir Cooper, 
wife and boy; 
Ir and 1\Irs Burton and 3 children, besides Griffin, Tidd, and 
Goodhue. The Chenamus seems to have made a voyage to the Islands in the 
spring of 184.j, in command of Sylvester, and to have left there June 12th 
to return to the Columbia. This was the first direct trade with the Islands. 
The Chfnamus brought as passengers Hathaway, 'Veston, Roberts, John Crank- 
bite, and Elon Fellows. She sailed for N ewburyport in the winter of 184.j, 
and did not return to Oregon. In the summer of 1844 the British sloop-of- 
war .111odcste, Captain Baillie, entered the Columbia and remained a short time 
at Vancou,'er. On the 31st of July the Belgian ship L'l1ifatifJable entered 
the Columbia by the before undiscovered south channel, escaping wreck, to 
the surprise of all beholders. She brought De Smet and a Catholic reënforce- 
ment for the missions of Oregon. In April 1845 the Swedish brig Bull visited 
the Columbia; she was from China: Shil1iber, supercargo. Captain 'V orn- 
grew remained but a short time. On the 14th of October the Amer- 
ican bark, Toulon, Captain Nathaniel Crosby, from New York, aITived 
with goods for Pettygrove's trading-houses in Oregon City and Portland: 
Benjamin Stark jun., supercargo. In September the British sloop-of-war 
ltlodeste returned to the Columbia, where she remained till June 1847. The 
British ship-of-war America, Captain Gordon, was in Puget Sound during 
the summer. In the spring of 1846 the Toulon made a voyage to the Ha. 
waiian Islands, retuIJling June 24th with a cargo of sugar, molasses, coffee. 



L\IPORTS AXD P ASSE
GERS. 


17 


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


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

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

les of furniture on which an enormous profit was made, but which sold 
readily owing to the great need of stoves, crockery, cabinet-ware, mirrors, 
!lnd other like conveniences of life. The Henry was placed under the com- 
mand of Captain Bray) and was employed trading to California and the 
[slands. On the 24th of 
1arch the hrig Commodore Stocl
ton, Captain Y ol1ng, 
[rom San Francisco, arrived, probably for lumber, as she returned ill April. 
The Stockton was the old Pallas renamed. On the 14th of June the American 
ship Brutlls, Captain Adams, from TIoston and San Francisco, arrived, and 
remained in the river several weeks for a cargo. On the 22J of the same 
month the American bark JVhiton, Captain Gelston, from 
1onterey. arrived, 
also for a cargo; and on the 27th the American ship J.lount Vcrnún, Captain 
O. J. Given, from Oahu, also entered the river. By the JVhiton there came
 
as settlers Rev. \Villiam Roberts, wife and 2 chilùren, Rev. J. H. \Vilbur, 
wife, and daughter, Edward F. Folger, Richard Andrews, George \Vhitlock, 
and J. 1'1. Stanley, the lattcr a painter seeking Indian studies for pictures. 
The JVh-iton returned to California and made another visit to the Columbia 
River in Sep
ember. On the 13th of August there an-Ì\Ted from Brest, J:t""rance, 
the bark L'Etoile du lJlatin, Captain l\lenes, with Archbishop Blanchet and a 
Catholic reënforcement of 21 persons, viz.: Three Jesuit priests, Gaetz, 
Gazzoli, J\1enestrey, and 3 lay brothers; 5 secular priests, Le Bas, 
Ic- 
Cormick, Deleveau, Pretot, and Veyrct; 2 deacons, B. Delorme, and J. F. 
Jayol; and one cleric, T. 1\lesplie; and 7 sisters of Not:re Dame de Kamur. 
Captain 
Ienes afterwards engaged in merchandising in Oregon. L'L'toile du 
ßlatin was wr('cked on the bar. On the 16th of 1\Iarch 184:8 the U. S. trans- 
port Anita, 1\lidshipman \V oodworth in command, arrived in the Columbia to 
rccuit for the army in 1\lexico, and remained until the 22d of April. About 
this time the American brig Eeeline, Captain Goodwin, entered the Columbia 
for a cargo of lumber; she left the river 1\Iay 7th. The Hawaiian schooner 
frIarYI Ann, Captain Belcham, was also in the river in April. The 8th of 
Iay 
the HuJson's :Bay Company's bark Vancouver, Captain Duncan, was lost after 
crossing the bar, with Do cargo from London valued at :E30,OOO, and unin- 
RIST. OR., VOL. II. 2 



18 


COXDITION OF AFFAIRS. 


stock of general 111erchandise, and the rest had conle 
for provisions and lumber, chiefly for California. All 
the commerce of the country not carried on by these 
fe\y vessels, most of theln arriving and departing but 
once, was enjoyed by the British fur cOlllpany, \vhose 
barks formed regular lines to the Sand\vich Islands, 
California, and Sitka. 
It happened that during 1846, the year follo\ving 
the incorning of three thousand persons, not a single 
ship from the Atlantic ports arrived at Oregon \vith 
Inerchandise, and that all the supplies for the year 
\vere brought from the Islands by the Toulon, the 
sole American vessel o\vned by an Oregon conlpany, 
the Chenc17î1us having gone hOlne. This state of 
affairs occasioned nluch discontent, and an exanlina- 
tiou into causes. The principal grievance presented 
\vas the rule of the Hudson's Bay Conlpany, \vhich 
prohibited their vessels froln carrying goods for per- 
sons not concerned \vith them. But the o\vners of 
the only t\VO Anlerican vessels employed in transpor- 
tation bet\veen the Colulllbia and other ports had 


sured. She was in charge of the pilot, but missed stays when too near the 
south sands, and struck where the Shark was 'wrecked 2 years before. On the 
27th of July the American schooner Honolulu, Captain Newell, entered the 
Columbia for proyisions; and about the same time the British war-ship Con- 
stance, Uaptain Courtenay, arrived in Puget Sound. The Hawaiian schooner 
Starlin
, Captain :Menzies, arrived the 10th of August in the river for a cargo 
of provisions. The JIeury returned from California at the same time, with the 
news of the gold-discovery, which discovery opened a new era in the traffic of 
the Columhia. The close of the l)eriod was marked hy the wreck of the whale- 
ship }.Ia;1le, Captain :Ketcher, with 1,400 barrels of whale-oil, 1:>0 of sperm-oil, 
and 14,000 pounds of bone. She had been two years from Fairha,-en, 
lass., 
and was a total loss, The American schooner JJI aria, Captain De 'Vitt, was 
in the river at the same time, for a cargo of flour for San Francisco; also the 
sloop Peacock, Captain Cieri the brig Sabine, Captain Crosby; and the schooner 
Ann, Captain :Melton; all for cargoes of flour anù lumber for San I<'rancisco. 
Later in the summf'r the ]larpooner, Captain :I\Iorice, was in the river. The 
sources from which I haye gleaned this information are jJlcLougldin's Private 
Papers, 2d ser., 
IS.; DOllglas' Private Papers, 2ù ser., 
IS; a list made 
by Joseph Hardisty of the IIudsoll's Bay Company, and published in the 
Úr. Spectator, Aug. 19, IS:>l; Parker's Journal 7 . Kr!ley's Colonization of Or.; 
:J'ownsend's Nar.; Lee and Proðt's Or.; IIines' Or. Ilist.; 2ìtl" Cong., 3d Sess., 
II. Corn. Eept. 31, 37 7 . }{Ues' Reg., lxi. 320; JVilkes'lVm". U. S. E.rplor. Ex., 
iv. 312; .Athey's TVod'shops, I\1S., 3; IIonolltl1
 Priend 7 . 1I1ontldy 8hijJping List 7 . 
PettY!lrove's Ur" 
IS., 10; Victor's Riær of the JVest, 392, 398; llonoluht }..Tell
s 
8hippi71[f Li.o.;t, 184S; Sylvest( 1"8 Úlym]lia, 
IS., 1-4; Df'ady's Scrap-book, 140; 
lIonolulu Gazette, Dec. 3, 183G; IJonollllu Po/yne.<oïÏan, i. 10, 39,51,54; }.!ack's 
Or., 1\18., 2; Blalicli,et's ln8t. Catlt. Churclt in Or., 143, 158. 


. 



FLOUR, SALT, AXD SAL:
10N. 


19 


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


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



20 


CONDITION OF AFFAIRS. 


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


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



INFLUENCE OF :MONOPOLY. 


21 


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


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



22 


CONDITION OF AFFAIRS. 


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


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


86 Polynesian, iv. 135. I notice an adyertisement in S. I. F7"iend, April 
1843, where Albcrt E. 'Vilson, at Astoria, offers his services as commission 
mcrchant to persons at the Islands. 
87 Thontlon's 01'. and Cal" ii. 63. 
38 Thc cargo of the Toulon, the last and largest supply down to the close of 
1843, consisted of '20 cases wooden clocks, 
O Lbls. dried apples,;} small mills, 
] doz. crosscut-saws, mill-saws and saw-sets, mill-cranks, ploughshares, and 
pitchforks, 1 winnowing-machine, 100 casks of cut nails, 50 boxes saùdler's 
tacks, 6 boxes carpenter's tools, 12 doz. hand-axes, 20 boxes manufactured 
tobacco, 5,000 cigars, 50 kegs white leaù, ]00 kegs of paint, ! doz. medicine- 
chests, 50 bags ltio coffee, 2.3 bags pcpper, 200 boxes soap, 50 cascs boots anù 
shoes, 6 cases slippers, 50 cane-seat chairs, 40 doz. wooden-seat chairs, 50 doz. 
sarsaparilla, 10 bales sheetings, 4 cases assorted prints, one bale damask tartan 
shawls, 5 pieces striped jeans, ü doz. satinet jackets, 12 doz. linen duck pants, 
] 0 ùoz, cotton duck pants, ] 2 doz. red flannel shirts, 200 dozen cotton hanù- 
kerchiefs, ü cases white cotton flannels, ü bales extra beavy indigo-blue cot- 
ton, 2 cases negro prints, 1 casc black velvetcen, 4 bales 
Iackinaw blankets, 
1.:;0 casks and bbis. molasses, 450 hags sugar, etc., for sale at reduced prices 
for cash.' Ur. Spectator, Feb. 5, 184G. 



THE COLONIAL PERIOD. 


23 


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


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



24 


CONDITION OF AFFAIRS. 


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


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



THE COLU
IBIA ENTRANCE. 


25 


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


none, though they had lost 2 vessels, the JVilliam and Ann, in 1828, and 
the Isabella in 1830, in entering the river. Their captains learned the north 
channel and used it; and one of their mates, Latta, often acted as pilot to new 
arrivals. Parrish says, that in 1840 Captain Butler of the Sandwich Islands, 
who came on board the Lausanne to take her over the Columbia Bar, had not 
been in the Columbia for 27 years. Or. Anecdotes, 1\18., 6, 7. After coming 
into Baker Bay the ship was taken in charge by Birnie as far as Astoria, 
and from there to Vancouver by a Chinook Indian called George or 'King 
George,' who knew the river tolerably well. A great deal of time was lost 
waiting for this chance pilotage. See TOtcnsend's Nar., 180. 
46 The first account of the wreck in the 
"''pectator of 
1ay 18, 1848, fully 
exonerates the pilot; but subsequent published statements in the same paper 
for July 27th, speak of the removal on charges preferred against him and 
others, of secreting goods from the wreck. Reeves went to California in the 
autumn in an open boat with two spars carried on the sides as outriggers, as 
elsewhere mentioned. In Dec. he returned to Oregon in charge of the Span- 
ish bark Jóven Guipu:coana, which was loaded with lumber, flour, and pas- 
sengers, anù sailed again for San Francisco in 1\1arch. He became master of a 
small sloop, the Flora, which capsized in Suisun Bay, while carrying a party 
to the mines, in l\iay 1849, by which he, a young man named Loomis, from 
Oregon, and several others were drowned. Crawford's Nar., 1\18., 191. 
47 Howison declarcd that the south channel was' almost closed up' in 1846, 
yet in the spring of 1847 Reeves took the brig Jlem'y out through it, and con- 
tinued to use it during the summer. Or. Spectator, Oct. 14, 184i; Hunt's 
ltlerch. },[ag., xxiii. 358, 5öO-l. 
48 Kelley and Slacum both advocated an artificial mouth to the Columhia. 
25th C01lg., 3d Sess., 1/. Com. Rept. 101, 41, 56. \Vilkes reported rather 
adversely than otherwise of its safety. Howison charged that "
ilkcs' charts 
were worthless, not because the survey was not properly made, but because 
constant altcrations were going on which rcndered frequent surveys ueces- 
sary, and also the constant explorations of resident pilots. Cow;;t and Coun- 
try, :MS., 8-9. About the time of the agitatÎon of the Oregon Question in the 
United States and England, much was said of the Columbia bar. A writer 
in the Edinbu1.[Jh Rpvielo, July 184;), declared the Columbia' inaccessible for 
8 months of the year.' Twiss, in his Or. (Jues., 3iO, represented the cntrance 
to the Columbia as dangerous. A writer in NiZ"s' ]lcg., lxx. 284, remarked 
that from all that had been said and printed on the subject for several years 
the impression was givcn that the mouth of the Columbia ''Was so dangerous 
to navigate as to be nearly inaccessible.' Findlay's Director!J, i. 33i-71; S. I. 



26 


CONDITION OF AFFAIRS. 


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


Friend, Nov. 2,1846; [d., March 15, June 1, 1847; AZbumlllexicana, i. 573-4; 
s. F. Pol.lfrzesian, iv. 1l0; S. F.Califoru-ian, Sept. 2,1848; Thornton's Or. and GaL, 
i. 303; Niles' Reg., lxix. 381. Henator Benton was the first to take up the 
championship of the river, which he did ill a speech delivered J\Iay 28, 1846. 
He showed that while 'Vilkes' narrative fostered a poor opinion of the entrance 
to thc Columbia, the chart accompanying the narrative showed it to be good; 
and the questions he put in writing to James Blair, son of Francis P. lllair, 
one of the midshipmen who surveyed it (the others were Reyno:ds and Knox), 
proved the same. Further, he had consulted John J\Iaginn, for 18 years pilot 
at :Kew York, and then president of the New York association of pilots, 
who had a bill on l)ilotage before congress, and had asked him to comparc the 
entrance of New York harbor with that of the Columbia, to which l\Iaginn 
had distinctly returned answer that the Columbia had far the better entrance 
ill everything that constituted a good harbor. Go 11[/. Globe, 1845-6, 9J.); Jd., 
921-2. 'Vhen Vancouver surveyed the river in 1792 there existed but one 
channel. In 1839 when Belchcr surveyed it 2 channels existed, and Sanù 
Island was a mile and a half long, covering an area of 4 square miles, where 
in Vancouver's time there were 5 fathoms of water. In 1841 'Viikes found 
the south channel closed with accretions from Clatsop Spit, and the middle 
sands had changed their shape. In 1844, as we have seen, it was open, and 
ill 1846 almost closed again, but once more open in 1847. Subsequent gov- 
ernment surveys have notcd many changes. In 18,"50 the south channel was 
in a new place, and ran in a different direction from the old one; in 1832 the 
new channel was fully cut out, and the bar had moved three fourths of a 
mile eastward with a wider entrance, and 3 feet more water. The north 
channel had contractcd to half its width at the bar, with its northern line on 
the line of 1830. The depth was reduced, but there was still one fathom 
more of water than on the south bar; and other changes had taken place. In 
1839 the south channel was agaill closed, and again in 1868 discovere(} to be 
open, with a fathom more water than in the north channel, which held pretty 
nearly its former position. From these observations it is manifest that the 
north channel maintains itself with but slight changes, while the south chan- 
nel is subject to variations, and the middle sands and Clatsop and Chinook 
spits are constantly shifting. Hcpol't of llvt. :l\Iajor Gillespie, .Engineer Corps, 
U. S. A., Dec. 18, 1878, in Daily A,';[oriall. 
49 Captain N. Crosby is spoken of as taking vessels in and out of the river. 
This gentlcman became thoroughly identified with the interests of Oregon, 
and especially of Portland, and of shipping, and did much to establish a trade 
with China. 



INTERIOR TRAFFIC. 


27 


In the matter of interior transportation there ,vas 
not in 1848 much in1provement over the Indian canoe 
or the fur conlpany's barge and bateau. The maritime 
industries seenl rather to have been neglected in early 
tilDes on the north-,vest coast not,vithstanding its 
natural features seerHed to suggest the usefulness if 
not the necessity of sean1anship and nautical science. 
Since the building of the little thirty-ton schooner 
Dolly at Astoria in 1811 for the Pacific Fur Com- 
pany, fe\v vessels of any description had been con- 
structed in Oregon. Kelley related that he sa,v in 
1834 a ship-yard at Vancouver ,vhere several vessels 
had been built, and ,vhere ships ,vere repaired,w ,vhich 
is likely enough, but they ,vere small and clumsy 
aflairs,51 and fe\v probably ever ,vent to sea. SOllIe 
barges and a sloop or two are mentioned by the 
earliest settlers as on the rivers carrying ,vheat frotH 
Oregon City to Vancouver, \vhich served also to con- 
vey faluilies of settlers do,vn the Colunlbia. 52 The 
Star of Oregon built in the 'Villalnette in 1841, ,vas 
the second vessel belonging to Anlericans constructed 
in these ,yaters. 
The first vessel constructed by an individual o,vner, 
or for colonial trade, ,vas a sloop of t,venty-five tons, 
built in 1845 by an Englishnlan nan1ed Cook, and 
called the CalCllJooya. I have also 111entioned that she 
proved of great service to the inl111igrants of that year 
on the Columbia and Lo,ver Willanlette. The first keel- 
boats above the falls ,vere owned by Robert N e,vell, 
and built in the ,vinter of 1845-6, to ply between Ore- 


50 25th Cong., 3d Ses8" II. Sup. Rept. 101, 59. 
51 The schooner (not the bark) Vancouver was built at Vancouver in 1829. 
She was about 1.10 tons burden, and poorly constructed; and was lost on Rose 
Spit at the north end of the Queen Charlotte Island in 1834. Captain Dun- 
can ran her aground in open day. The crew got ashore on the mainland, and 
reached Fort 
il11psoll, 
ass RÏ\'er, in June. Roùert,.;' Recollections, 
I
., 43. 
fJ2lJlack's Ur., MS., 2; EIJbel'tl3' 'l'rapp(r's Life, 1\18., 4.1; Or. Spectator, 
April 10, 1846. There is mention in the Spertator of June 2.1. 184ß, of the 
launching at VancolHTer of rplte Pri1l(.e of Wales, a ,-esse! of 70 feet keel, 18 
feet beam, 14 feet below, with a tonnage register of 74. She was constructed 
by the company's ship- builder, Scarth, and christened by 1\liss Douglas, 
escorted by Captain Baillie of the 111 odeste, amidst a large COllcourse of people. 



28 


CONDITION OF AFFAIRS. 


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


53 Or. Spectator, 
Iay28, 1846, TheGreat JVe8ternraninoppositiontoNewell's 
boatsinßIay; and two other clinker-built boats were launched ill the same month 
to run Letween Oregon City and Portland. In J Úne following I notice men- 
tion of the Salt River Packet, Captain Gray, plying between Oregon anù Astoria 
with passengers, Id., June II, 184û; Broum's Will. Valle?!, 
IS., 30; Bacon's 
ltlerc. Life Ur. Cily, 1\18., 12; JJTeed's Queen Oharlotte I. EXPfd" :M8., 3. 
;)4 Brown, in his JVillamette Vallt'Y, 1\18.,6, says that 1)efore 18M) there was 
not a span of horses harnessed to a wagon in the territory; and that the first 
set of harness he saw was brought from California. On account of the 
roadless condition of the country at its first settlement, horses ,vere little useù 
in harness, but it is certain that many horse-teams came across the plains 
whose harnesses may:}mving been hanging unused, or made into gearing for 
riding-animals or for horses doing farm-work. 
55 Or. Spectator, Oct, 29, 1846. 
66 Crawford'sllIis.Q;,onar'ies, 1\18., 13-15. 
67 Minto's Early Days, MS., 31. 



:M:AIL FACILITIES. 


29 


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


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



30 


CONDITION OF AFFAIRS. 


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


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


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



EDUCATIONAL I
STITUTIONS. 


31 


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


62Address of Grand 
iaster Chadwick, in Yreka Union, Jan. 17,1874; 
Seattle Tribune, Aug. 27, 1875; Olympia 'Transcript, Aug. 2, 187.3. 
63 This was on account of the miscarriage of the warrant, which was sent 
to Oregon in 1847 by way of Honolulu, but which did not reach there, the 
person to whom it was sent, Gilbert \Vatson, dying at the Islands in 184:8. 
A. V. Fraser, who was sent out by the government in the following year to 
supervise the revenue service on the Pacific coast, was then appointed a special 
commissioner to estab1ish the order in California and Oregon; but the gold 
discoveries gave him so much to do that he did not get to Oregon, and it was 
not until 3 years afterward that Chemekcta lodge K o. 1 was estaLlisheù at 
Salem. The first lodge at Portland was institut
ù in 18.33, E. .M. Barnum's 
Early Hist. Odd Fellowship in Or., in Jour. of Proceedinys of Grand LodUe 
I. O. O. F. for 1877, 207.3-84; H. H. Gilfrey in same, 208.3; C. D, 
Ioore's 
Historical Review of Odd Fellowship in Or., 25th Anniversary of Chemel.:eta 
Lodge, Dec. 1877; S. R New Ave, Jan. 7, 186.3; Constitution, etc., Portland, 
1871. 
6
 S. 1. Friend, Sept. 1847, 140; 0,". PVfctat01', Feb. 18, 1847. 
65 Named after Joseph La Roque of Paris who furnished the funds for its 
erection. DeSmet's Or. .J..1Iiss., 41. 



32 


COXDITION OF AFFAIRS. 


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


66 Tahitha Moffat Brown was born in the town of Brinfield, 
Iass., 
Iay I, 
1780. Her father was Dr Joseph :Moffat. At the age of 19 she mar- 
Rev. Clark Brown of Stonington, Conn.. of the Episcopal church. In 
the changes of his ministerial life Brown removed to :Maryland, where he 
died early, leaving his widow with 3 children surrounded by an illiterate 
people. She opened a school antI for 8 years continued to tcach, support- 
ing her childrcn until the 2 boys were apprcnticed to trades, and assisting 
them to start in business. The family finally moved to :Missouri. Here her 
children prospered, but one of the sons, Orris Brown. visited Oregon 
in 1843, rctunling to :Missouri in 1845 with Dr \Vhite and emigrating with 
his mother and family in 184G, His sister and brother-in-law, Virgil K. 
Pringle, also accompanied him; and it is from a letter of 
Irs Pringle that 
this sketch has been obtained. 



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


33 


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


67 'In 1831,' writes 
Irs Bro"\\'Il, 'I had 40 in my family at 52,50 per week; 
and mixed with my own hands 3,423 pounds of flour in less than 5 months. J 
Yet she was a small woman, had been lame many years, and was ncarly 
70 years of age. She died in 1857. See 01'. ArYllS, 1Iay 17, 1836; Portland 
JVe.<.:t Slzore, Dec., 1879. 
68Atkinsoll was born in Newbury, Vermont. He was related to Josiah 
Little of :Massachusetts. One of his aunts, born in 17(30, 
lrs Anne Harris, 
lived to within 4 months of the age of 100 years, and remembered well the 
feeling caused in N ewburyport one Sunday morning by the tidings of the 
death of the great preacher'Vhitefidd; and also the eycnts of the Frcnch 
empire and American revolution. 
Ir Atkinson left Boston, with his wifc, 
in October 1847, on board the bark Samoset, Captain Hollis, and reachecl 
the Hawaiian Islands in the following February, whence he sailed again for 
the Columbia in the Hudson's Bay Company's bark Cou'litz, Captain "'eying- 
ton, 
Iay 2:3d, arrh-ing at Vancouver on the 20th of June 1848. He at once 
entered upon the duties of his profession, organized the Oregon association of 
Congregational ministers, also the Oregon tract society, and joined in the 
effort to found a school at Forest Grove. Hc corresponded for a time with 
the Home .J.1Itssionary, a Boston publication, from which I have gathered some 
fragments of the history of Oregon from 1848 to 1851, during the height of the 
gold excitement. 
.Ir Atkinson became pastor of the Congregational church in 
Oregon City in 1833; and was for many years the pastorof the first Congregational 
BI8T. On., VOL. II. 3 



34 


CONDITION OF AFFAIRS. 


lishment of a college under the patronage of the Con- 
gregational church and finding his brethren in Oregon 
about to erect a ne,y building for the school at Tua- 
latin plains, and to organize a board of trustees, an 
arrangenlent ,,,,as entered into by ,vhich the urphan 
sehonl ,vas placed in the hands of the trustees as the 
foundation of the proposed col1ege, 'v hich at first 
aspired only to be called the Tualatin acadelny. 
Clark gave t,vo hundred acres of his land-clain1 for 
a college and to,vn-site, and l\Irs Brown gave a lot 
belonging to her, and five hundred dollars earned by 
l1erself. Subsequently she presented a bell to the 
Congregational church erected on the to\vn-site; and 
imulediately before her death gave her o,vn house and 
lot to the Pacific University. She ,vas indeed earnest 
and honest in her devotion to Christian charity; nlay 
her name ever be held in hcly remelnbrance. 

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


church in Portland. His health failing about 1866, he gave way to younger men; 
hut he continued to labor as a missionary of religion and temperance in newer 
fields as his strength l)ennitted. :K or did he neglect other fields of labor in 
the interest of Oregon, contributing many valuable articles on the general 
features and resources of the country. Added to all was an unspotted repu- 
tation, the memory of which will be ever cherished by his descendants, 2 sons 
and a daughter, the latter married to Frank'Varren jun. of Portland, 
(;9 Evan..;' lIist. 0J'.,1IS.,341; Gray's ]nst. Or" 231; Deady's llist. Or.,
IS., 
54; 010. A7'[JUS, April 10, 18.38. Clark's daughter married George H, Durham 
of Portland. 
70 The first board of trustees was composed of Rev. Harvey Clark, Hiram 
Clark, Rev. Lewis Thompson, 'V. H. Gray, Alyin T. Smith, James:ßI. :Moore, 
Osborne Russell, and G. H. Atkinson. The land given by Clark was laid 
out in blocks and lots, except 20 acres reserved for a Cnmp'lfS, the half of 
which was donated by Rev. E. 'Valker. A building was erected during the 
reign of high prices, in 18.30-1, which cost, unfinished, $7,000; 8.3,000 of which 



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


3:5 


came from the sale of lots, and by contributions. In 1832 
Ir Atkinson went 
east to solicit aid from the college society, which had promised to endow to 
some extent a college in Oregon. The Pacific University was placecl the ninth 
on their list, with an annual sum granted of $600 to sUlJport a lJermanent IJro- 
fessor. From other sources he received $800 in money, and $700 in books for 
a library. Looking about for a professor, a young theological student, S. H. 

Iarsh, son of Rev. Dr :l\Iarsh of Burlington College, was secured as principal, 
and with him, and the funds and books, 
Ir Atkinson returned in 1833. In 
the mean time J, 
I. Keeler, fresh from Cnion college, Scllenectady, Kew 
York, had taken charge of the academy as principal, and had formed a pre- 
paratory class before the arrival of 
Iarsh. The people began to take a liyely 
interest in the university, and in 1834 subscribed in lands and money 8J,500, 
and partially pledged 8:3,500 more. On the 13th of April 1834 
Iarsh was 
chosen president, but was not formally inaugurated until Au
ust 21, 183
. 
This year Keeler went to Portland, and l
. D. Shattuck took his place [ld 
principal of the academy which also embraced a class of young ladies. The 
institution struggled on, but in 18
û-7 some of its most adyanced studenb 
left it to go to the better endowed eastern colleges. This led the trustees and 
president to make a special effort, and :\larsh went to K ew York to secure 
further aid, leaving the university department in the charge of nev. II. Ly- 
man, professor of mathematics, who associated with him He\T. C. Eells. The 
help received from the college society anù others in the east, enaLled the uni- 
yersity to improve the general réflime of the unÏ\Tersity. The first graduate 
was Harvey 'V. Scott, who in 18û3 took his final degree. In 18GG there were 
4 graduates. In June 18û7 the president having again visited the east for 
further aid, over 823,000 was subscribed and 2 additional professors secured: 
G. H. Collier, professor of natural sciences, and J. ,Yo :i\Iarsh, profcssor of 
languages. In 
Iay 18G8 there were 
44,303,ÛO inyested funds, and a library 
of 5,000 volumes. A third visit to the east in 18û9 secured ov<>r 
20,OOO for 
a presidential endowment fund. The university had in 18ïG, in funds and 
other propcrty, 883,000 for its support. The buildings are however of a poor 
character for college purposes, being built of wood, and not well constructed, 
and $100,000 would he required to put the university in good con(lition. 
President :1Iarsh died in 1870, and was succeeded by J, R. Herrick. Though 
founded by CongregationaIÜ;ts, the Pacific Cniversity was not controlled by 
them in a sectarian spirit; and its professors were allowed full liberty in their 
teaching. Forest Grove, the seat of this institution, is a pretty yillage ncstled 
among groves of oaks and firs near the Coast Range foot-hills. Ccntennial 
Year Rist. Pacific University, in P01'tland Ureflonian, Feb. 12, IS7G; rictor's 
(Jr. and Trash., 18D-DO; (JJ'. Argus, Sept. ], lð33; Dendy's /list. Or., 
IS., .34. 
71 
Irs Thornton 'wrote to the S. 1. Friend that she was very comfortably 
settled in a log-house, walked a mile to her school every mon1Ìng, and was 
never more contented in her life. 



33 


CONDITION OF AFFAIRS. 


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


72 Or. Spectator, Feb. 18, 1847. 
73 s. 1. Friend, Feb. 1848; Thornton's Hist. Or., l\IS" 27. 
H I find in the S. 1. Friend, Sept. 1847, the following computation: Inhabi- 
tants (white), 7,000. This, accorùing to immigration statistics, was too small 
an estimate. About 400 were Catholics. :l\Iethodists were most numerous. 
There were 6 itinerating ßlethodist Episcopal preachers, and 8 or 10 local 
preachers, besides '2 Protestant :Methodist clergymen. Baptist missionaries, 2 ; 
Congregational or Preshyterian clergymen, 4; and several of the Christian 
ùenomination known as Campbellites; regular physicians, 4; educated la"'JTers, 
4; quacks in both l)rofessions more numerous. I have already mentioneù the 
accidental death of Dr Long by drowning in the 'Yillamette at Oregon City, 
he heing at the time territorial secretary. lIe was succeeded in practice aud 
in office by Dr Frederick Prigg, elected by the legislature in December IR46. 
He also died an accidental death by falling from the rocky bluff into the ri vel', 
in October 184:9. He was said to be a man of fine abilities and education, Imt 
intemperate in his habits. Or. Spectator, Nov. 2, 1849; Johnson's Cal. and 
Úr., 274. 
ï5 De({dy's Hist. Or., MS., 71. Harvey Clark first organized the Congre- 
gational church at Oregon City in 1844. Atkinson's Address, 3; Oregon City 
Enterprise, 1\Iarch 24, 1876. In 1848 Rev. Horace Lyman, with his wife, left 
Boston to join Atkinson in Oregon. He did not arrive until late in 1849. He 
founded the first Congregational church in Portland, but subsequently became 
a professor at the Pacific University. Home .Mißsionary, xxü.43-4; Or. Spec- 
tator, Nov. 1. 1849. 



QUALITY OF THE POPULATION. 


37 


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


76 
linto, in Camp Fire Orations, :ThIS., 17; Burnett's Recollcctions, 
IS., i. 
170; White's Emigration to Or., MS., 11; Simpson's Nar., i, 170. 
71 The missionaries, the women of Oregon city, and friends of temperanec 
generally, were stilllnboring to effect prohibition of the traffic in spirituous 
liquors. The legislature of 1847 passed an amendment to the organic law, 
enacting that the word 'prohibit' should be inserted in the place of 'regulate' 
in the 6th section, which read that the legislature should haye power to 
'regulate the introduction, manufacture, and sale of ardent spirits.' Ur. L"U'8, 
1843-9, 44. No change could be made in the organic law without submitting 
it to the vote of the people at the ensuing election, which being done, a 
majority were for prohibition. Grover's Or, Archive8, 273-4. \Yhen the matter 
again came before the colonial legislature at its last session, that part of the 
governor's message referring to prohibition was laid on the table, on motion 
of Jesse Applegate. A bill to amend the organic laws, as above proYiJed, 'was 
subsequently introduced by Samuel R. Thurston, but was rejected by \-ote, 
011 motion of Applegate. Ill" 293. Applegate's independent spirit reyoltetl 
at prohibition, besides which he took a personal gratification from securing 
the rejection of a measure emanating from a missionary source. Surely all 
good people would be naturally averse to hearing an uncultivated savage who 
was full of bad whiskey, singing in Chinook: 
':Kah! six, potlach blue lu (blue ruin), 
:Kika ticka, blue lu, 
Hiyu blue lu, 
Hyas 010, 
Potlach blue I u.' 
'Vhich freely translated would run: 
, Hallo! friend, give me Borne whiskey; 
I \I ant whil5key, plenty of whiskey; 
Very thirsty; give me Borne whiskey.' 

Ios.'1' Pioneer Times, :ThIS., 3ü-7. 
78 In the Spectator of July 9, 184ü, there is mention of an encounter with 
knives between Ed. Robinson and John \Yatson. Robinson was arrested and 
brought before Justice Andrew Hood, and bound over in the sum of $
OD. 
In the same paper of July 23d is an item concerning the arrest of Duncan 
:ThlcLean on suspicion of having munlerecl a l\Ir Owens. An affray occurred at 
Salem in August 1847 between John H. Bosworth and Ezekiel Popham, in 
which the latter was killed, or suddenly dropped dead from a disease of the 
heart. Id., Sept. 2, 1847. In 1848 a man named Leonard who had pawned 
his rifle to one Arim, on Sauvé Island, went to recover without redeeming it, 
when Arim pursued him with hostile intent. Leonard ran until he came 
to a fallen tree too large for him to scale in haste, and finding Arim close upon 
him he turned, and in his excitement fired, killingArim. Leonard was arrested 
and discharged, there being no witnesses to the affair. Arim was a Imlly, and 
Leonard a small and usually quiet man, who declared he had no intention of 
killingArim, but fired accidentally, not knowing the rifle was loaded. Leonard 
left the country soon after for the gold-mines and never returnf'J. Crawford's 
.J..Var., :ThIS., 167. I cite these examples rather to show the absence than the 
presence of crime. 



38 


CONDITION OF AFFAIRS. 


Besides church-going, attending singing-school,i9 and 
yi8itin a among the neighbors there ,vere fc,v asselll- 
Llages
 There ,vas occasionally a ball, ".. hich ,vas not 
regarded by the leading Protestant citizens as the 
1110st unquestionable mode of cultivating social rela- 
tions. 
rhe Canadian fal11ilies loved dancing, and balls 
,yerc not the l110re respectable for that reason;80 but 
the dancers cared little fOf the absence of the élite. 
rraking them all in all, says BUfnett, "I never sa 'v 
so fine a population;" and other ,vriters clain1ed that 
though lacking in polish the Oregon people ,vere at 
this period ll10rally and soeially the equal of those of 
any frontier state. 81 Fron1 the peculiar conditions of 
an isolated colony like that of Oregon, early n1ar- 
l'iages becan1e the rule. Young 111en required hOlnes, 
and young 'VOlnen 'v ere probably glad to escape fron1 
the overfilled hive of the parental roof to a domicile 
of their o,vn. Ho,vever that n1ay have been, girls 
,yere l11arried at any age fron1 fourteen up\vard, and 
in SOUle instances earlier ;82 ,vhile no ,vido,v, ,vhether 


79 James l\lorris, in Camp Fire Oratiol1.ç, :MS., 20, says that the first sing- 
ing-school in the country was taught Ly a 1Ir Johnson, and that he went to 
it dressed in a suit of buckskin dyed black, which looked well, and did not 
strekh out over the knees like the uncolored skin. 
80 J..llosl:5' Pioneer Times, :MS., 32. In .1,nntu's Eærly Days, :MS., and 1\1rs 
:Minto's Ff'male Pioneering, 1\18., there arc many pictures of the social condi- 
tion of the colony. The same in Camp Fire Orations, 1\IS" a report by my 
denographer, of short speeches maùe at an evening session of the pioneers at 
their annual meeting in 1878. All the speakers except 
Irs 
Iinto declared 
they had enjoyed emigrating anù pioneering. She thought Loth very hard 
on females; though throughout all she conducted herself as one of the 
noblest among women. 
8] JIome ..i.llissionary, xx. 213-14. 
P2 As a guide to descent in the pioneer families I here affix a list of the 
marriages published in the Spectator from the beginning of 1846 to the close 
of 1848. Though these could not have been all, it may be presumed that 
people of social standing would desire to publish this momentous event: 
1 84ü-:Fch. 23, Samuel Campbell to :l\1iss Chellcssa Chrisman; !\Iarch 29, 
Henry Sewell to 
Iiss 1\Iary Ann Jones Gcrish; April 2, Stephen Staats to 
1\Iiss Cordelia Forrest; April 12, Silas Haight to 
lrs Rebecc:J. Ann Spalding; 
!\Iay 4, Pierre Bonnin to 
Iiss Louise Rondeau; 
Iay 10, Isaac Staats to :l\1iss 
Orlena 
Iaria 'Villiams; 
1ay 10, Henry 1\Iarlin to 1\Iiss Emily Hipes; June 
4, David Hill to )Irs Lucinda'Vilson; June 14, J. 'V. Nesmith to 1\Iiss Caro- 
line Hoff; .June 17, ..-\Janson Hinman to 1\liss l\Iartha Elizabeth.Jones Gm'ish; 
.Tune 
8, Robert Newell to :Miss Rebecca Newman; July 2, :\Iitchel'Vhit- 
lock to :Miss :Malvina Engle; July 4, 'Yilliam C. Dcmcnt to 1\liss Olivia 
J ohnsoll; J, B, Jackson to 
liss Sarah Parker; J uly 
3, John G. ('amp bell 
to 
Iiss Rothilda E. Buck; July 26, J oseph Watt to 
liss Sarah Craft; Aug. 



CLIMATE AND TE
IPERATURE. 


39 


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


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

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

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



40 


CONDITION OF AFFAIRS.. 


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


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

6'fhe term 'web-foot' had not yet been applied to the Oregonians, It 
became current in mining times, and is said to have originated in a sarcastic 
remark of a commercial traveller, who had spcnt the night in a farm-house on 
the marshy banks of the Long Tom, in what is now Lane County, that 
children should be provided with weLbed feet in that country. "Ve have 
thought of that,' returned thc mistress of the house, at the same time dis- 
playing to the astonishcd visitor her Laby's feet with webs between the tues. 
Thc story lost nothing in the telling, and 'Y eb- foot became the pseudonyme 
for Oregonian. 



THE CO
1
10N'VEAIATH ESTABLISHED. 


41 


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


87 Mount St Helen and 
Iount Baker were in a state of eruption in l\1arch 
1830, accordiv45 to the 8pe
tato7" of the 21st of that month. The same paper 
of Oct. 18, Ib49, records a startling explosion in the region of l\lount Hooù, 
when the waters of Silver Creek stopped running for 24 hours, and also the 
destruction of all the fish in the stream by poisonous gases. 
881\lcClaue says that when he came to Oregon there was not a fly of any 
kind, but fleas were plenty. First fVagon Tr(tin, 1\18., 14. 'V. H. Rector has 
said the same. Lewis and Clarke, and Parker, expiate upon the fleas about 
the Indian earn ps. 



CIIAPTER II. 


EFFECT OF THE CALIFORNIA GOLD DISCOVERY. 
1848-1849. 


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

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


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



THE NE\VS IN OREGON. 


43 


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


1 J. 'v. Marshall was an immigrant to Oregon of 1844. He went to Cali- 
fornia in 1846, and was employed by Sutter. In 1847 he was followed by 
Charles Bennett and Stephen Staats, all of whom were at Sutter's mill when 
the discovery of gold was made. Brou"ll's Will. Val" 
IK, 7; Parson
' LiJè of 
111 ars/udl, 8-9. 
2 Burnett says that at least two thirds of the population capable of bear- 
ing arms left for California in the summer and autumn of 1848. Recollcctions, 
]\I
., i. 32.3. ' About two thousand persons,' says the California Star and 
Cal{forllian, Dec. 9, 1848. Only fh-e old men were left at Salem. JJ'ì"01Cn'S 
Jnll. Jral., 1\18., 9, Anòerson, in his 
Y07't1
U"est Coast, 1\18., 37, speaks of 
the great exodus. Compare Cnwfr nl'sl\"'m"" 1\1S" lü6, and Vir.tor's Riv(r (If 
thc JVest, 4ö3-3. Barnes, (Jr. and Cal" l\l
., 8, says he found at Oregon City 
only a few women anù chilùren and some Inùians. 



44 EFFECT OF THE CALIFORNIA GOLD DISCOVERY. 


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

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


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



THE EXODUS. 


45 


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


7 After proceeding some distance on Lassen's trail they found that others 
'Who had preceded them were as ignorant as they of what lay before them; 
and afte
 trayclling westward for eight miles they came to a shcer wall of 
rock, constituting a mountain ridge, instead of to a yiew of the Sacramento 
Yalley. 0::1 examination of the ground it was found that Lassen anll his com- 
pany had been deceived as well as they, 
nd had marched back to within half 
a mile of the entrance to the yalley before finding a way out of it. After 
exploring for some distance in adyallCe the wagons wcre aUowed to come on, 
anll the summit of the sierra was reached the :?Oth of October. After passing 
this and entering the pine forest on the western slope, they overtook Lassen 
and a portion of his party, unable to proceed. He had at first but ten wagons 
ill his coml'any, and knew nothing more about the route than from a generally 
correct illea of the country he could conjecture. They proceeded without 
mishap until corning to the thick timber on the mountains; and not haying 
force enough to open the road, they were compelled to convert their wagons 
into carts in order to make the short turns necessary in driving arOtmd faIlen 
timber. Progress in this manner was slow. Half of the immigrants, now fear- 
fully incensed against their leader, had abandoned their carts, and packing 
their goods on their starving oxen, deserted the other half, without knowing 
how they were to reach the settlements. ""hen those behind were O\-ertaken 
by the Oregonians they were in a miserable condition, not ha\-ing had bread 
for a mouth. Theil' wants were supplied, and they were assured that the road 
should be opened for them, wbich was done. Sixty or eighty men went to 
the front with axes, and the way was cleared for the wagons. 'Yhen the for- 
est was passed, there were yet other difficulties which Lassen's small and 
exhausted company co_!d never haye remO\"etl. A tragedy like that of Don- 
ner Lake ,,-as averted by i:ÌlCse golcl-seekers, who arrh
ed in the Sacramento 
YalIcy about the 1st of 1\ovemher. JJurnett's Recollections, 
I
., i. 3
8-3(j6; 
Lovejoy'.., Portland, 
IS., :?7; Barncs' 07.. and Gal., 
IS., 11-12; Palmer's 
JVarIO/l. Trains, 
IS., 43. 
8 Jlallcock's ThiJ"teen Yem.s' Residence on the 
"T01.thu.est Coa.'It, a thick 
manuscript volume containing an account of the imlllgration of 184;), the 
settlement of the Puget Sound country by Americans, the journey to 
California of the gold-hunters, and a long list of personal adventures with 
Indians, and other matter of an interesting nature, is cne of my authorities 
on this period. The manuscript was written at the dictation of Samuel Han- 
cock, of \YI1idbey Island, by .Major Sewell. See .Jlor:.:e's .J..Votcs of the llistfJry 
and Re.<:ource8 of JV aÛtillgton 'Per., ii. 19-30. It would seem from Hancock's 
!\I
. that the Puget Sound Company, like the \Villamette people, overtook 
and assisted a party of immigrants who had been forsaken by that pilot in 
the Sierra Nevada, and brought them through to the Sacramento Valley. 



46 EFFECT OF THE CALIFORNIA GOLD DISCOVERY. 


sierra s\varlned ,vith pack-trains 9 all the autanln. 
Their first resort \vas Yuba River; but in the spring 
of 1849 the forks of the An1erican became their prin- 
ci pal field of operations, the to\vn of Placerville, first 
called Hangto\vn, being founded by then1. They 
,yere not confined t.o any localities, ho\vever, and nlade 
n1an y discoveries, being for the first 'v inter only 11lore 
l1UnlerOUS in certain places than other lniners; and as 
they ,vere accustonled to call1p-Iife, Indian-fighting, 
and self-defence generally, they obtained the reputa- 
tion of being clannish and aggressive. If OIle of theu1 
,vas killed or robbed, the others felt bound to avenge 
the iLljury, and the rifle or the rope soon settled 
the account. Looking upon then} as interlopers, the 
Californians naturally resented these decided Ineas- 
ures. But as the Oregonians \vere honest, sober, and 
industrious, and could be accused of nothing \vorse 
than being ill-dressed and unken1pt and of kno\ving 
ho\v to protect then1selves, the Californians nlani- 
fested their prejudice by applying to them the title 
'Lop-ears,' ,vhich led to the retaliatory appellation 
of 'Tar-heads,' ,vhich elegant terlTIS long renlained in 
use. 10 
It ,vas a huge joke, gold-mining and all, including 
even life and death. But as to rivalries they signi- 
fied nothing. l\fost of the Oregon and Washington 
adventurers ,vho did not lose their life 'v ere success- 
ful; opportunity was assuredly greater then in the 


This may have been the other division of Lassen's company, though Hancock 
says there were 2.3 wagons, which doe9 not agree with BunIett. 
9 One of the first companies with pack-animals was unùer John E. Ross, 
an immigrant of 1847, and a lieutenant in the Cayuse war, of whom I shall 
have more to say hereafter. Ross states that Levi Scott had alreaùy settled 
in the Umpqlm Valley, and was then the only .American south of the Cala- 
pooya 1\loulltains. From Scott's to the first house in California, Reaùing's, 
was 14 days' trav'el. See Ross' Nar, , 1\18., passim. 
IORo8S' }wT'ar., 
1S., 1.3; Crallford's .1Var" 1'18., 194, 204, The American 
pioneers of California, looking for the origin of the word Oregon in a Spanish 
l)hrase signifying long-ears, as I have eXplained in vol. i. lJist. Or., hit upon 
this delectable sobriquet for the settlers of that country. 'Vith equal justice, 
arlmitting this theory to be correct, which it is not, the Oregonians called 
them tar-hcaùs, because the northern California Inùians were observeù to 
cover their heads with tar as a sign of mourning. 



OREGO
IAKS IN THE 
1INES. 


47 


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


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

erson, 'Villiam Patterson, Stephen Bonser, Saul llichards, 'Y. H. 
Gray, Stephen Staats, J. 'V. Nesmith, J. S. Snooks, 'V. D. Canfield, Alanson 
Husted, John 11. 
hivdy, Edmund Syh
ester, James O'Neal, Benjamin 
'Vood, 'Yilliam 'Vhitney, 'V. P. Dougherty, Allen :l\IcLeod, John Edmonds, 
Charles Allams, .John Inyard, Miriam Poe, Joseph 'Yilliams, Hilt. Bonser, 
'Yilliam Shaw, Thomas Carter, Jefferson Carter, Ralph 'Vilcox, Benjamin 
Burch, 'Yilliam H. Rector, Hamilton Camphell, Robert Newell, John E. 
Bradley, J. Curtis, H. Brown, Jeremiah 11cKay, Priest, Turney, Leonard, 
Shurtzer, Loomis, Samuel Cozine, Columbia Lancaster Pool, English, Thoml'- 
son, Johnson, Robinson, and others, 
12 P. 'V. Crawford gives the following account of his efforts to raise the 
means to go to California: He was an immigrant of 1847, and had not yet 
acquired property that could be converted into money. Being a surveyor he 
spent most of his time in laying out town sites and claims, for which he re- 
ceived lots in payment, and in some cases wheat, and often nothing. He 
had a claim on the Cowlitz which he managed to get planted in potatoes. 
Ownin
 a little skiff called the E. JVest, he traùed it to Geer for a hundred 
seedling apple-trees, but not being able to return to his claim, he planted 
them on the land of 'Vilson Blain, opposite Oregon City. Having considerable 
wheat at :McLoughlin's mill he had a portion of it gronnd, and sold the flour 
for cash. He gave some wheat to newly arrived emigrants, and traded the 
rest for a fat ox, which he sold to a butcher at Oregon City for twenty-five 
dollars cash. 'Vint('r coming 011 he a
sistecl his friend Reed in the pioneer 
bakery of Portland. In Fehruary he traded a Durham bull which he pur- 
chased of an Indian at Fort Laramie and drove to Oregon, for a good sailing 
boat, with which he took a load of hoop-poles down the Columbia to Hunt's 
mill, where salmon barrels were made, and brought back some passengers, 
and a few goods for Capt, Crosby, having a rough hard time working his way 
through - the floating ice. On getting back to l>ortlalld, Crawford ana'Vill- 
iams, the former mate of the Starling, engaged of the supercargo Gray, at 
sixty dollars each, steerage passage 011 the Undine then lying at Hunt's mill. 
The next thing was to get supplies and tools, such as were needed to go to 
the mines. For these it was necessary to make a yisit to Vancouvcr, which 
could not be done in a boat, as the river was still full of ice, above the mouth 
of the \Yilliamette. He succeeded in crossing the Columbia opposite the 
head of Sauvé Island, and walked from the landing to Vancouver, a distance 
of about six miles. This business accomplished, he rejoined his companion 
ill the boat, and set out for Hunt's mill, still endangered by floating ice, but 



48 EFFECT OF THE CALIFORYIA GOLD DISCOVERY. 
There was a complete revolution in trade, as re- 
l1larkable as it was unlooked for t\VO years before, 
,vhen the farmers were trying to form a coäperative 
ship-building association to carry the products of their 
farnls to a n1arket ,vhere cash could be obtained for 
,,
 heat. No need longer to cOITIplain of the absence of 
vessels, or the terrible bar of the Columbia. I have 
nlentioned in the preceding chapter that the IIen'ry 
and the Toulon ,vere the only t\VO Anlerican vessels 
trading regularly to the Colu111bia River in the spring 
of 1848. Hitherto only an occasional vessel fronl Cal- 
ifornia had entered the river for lurnber and flour; 
but no\v they canle in fleets, taking besides these ar- 
ticles vegetables, butter, eggs, and other products 
needed by the thousands arriving at the 111ines, 
the traffic at first yielding enOrlTIOUS profits. Instead 
of froln three to eight arrivals and departures in a 
year, there were more than fifty in 1849, of \vhich 
t\venty ,vere in the river in October a,vaiting car- 
goes at one time. 13 They ,vere frOlTI sixty to six or 
or seven hundred tons burden, and three of thern 
were built in Oregon. I4 Whether it was due to their 


arriving in time to take passage. Such were the common incidents of life in 
Oregon before the gold products of the California mines came into ciI"culation. 
Þlarrative, :MS., 179-187. 
13 Ahout the last of December 1848 the Spanish bark Jóren Guipllzroana, 
S. C. Reeves captain, arrived from San Francisco to load with Oregon pro- 
ductions for the California markets. She was fastened in the ice a few miles 
below the mouth of the \Villamette until February, and did not get out of 
the river until about the middle of :March. Crau1ord's ....Var., :MS" 173-91. 
The brig .llIalpck Adhel, Hall master, left the river with a cargo Feb. 7, 1849. 
Following are some of the other arrivals of the year: January 5th, schr. 
/Starling, Captain ::\Ienzies; 7th, Lk. Anita, Hall; brig Undine, Brum; 
Iay 
8th, bks. Anita, Hall; Janet, Dring; ship }'IerCf'rles; schrs. Alilu.,'aukip; Val- 
dot'a; 28th, hk. J. JV. Carter; brig }'Ial'Y and Ellen; June 16th, schr. Pio- 
'J7fer
. bk. Undine; 2::;d, bk. Columbia; brigs Hpnry, Sacramento, Bl Placer; 
July 2(1, ship JValpole; 10th, brigs Belfast, L'Etoile du l11atin
. ship Silvie de 
Ora.
.rse; schr. U. U. Raymond; brig Quito
. 28th, ship Huntress; bk, Louisi- 
ana; schr. Orn. Lane; Aug. 7th, bk. Carib,. 11th, bks. Ilar}Jooner, }'Iadonna,. 
ship A llrora; brig Forrest; bks. Ocean Bird, Diamond, lIelen }'I. Lehller; 
Oct. 17th, hrigs Quito, Hawkes; O. C. Raymond, :Menzies; Josephine, :Mclton; 
Jno. Petit; l1Iary and Bllen, Gier; bks. Toulon, Hoyt; Azim, McKenzie; 
22d, brig Sarah JJlcFarlanrl, Brooks; 24th, brig JVolcott, Kennedy; Nov. 
12th, bk. Louisiana, 'Villiams; brigs JJlary JVilder; North Bnid, Bartlett; 
13th, ship /luntre8s, Upton; 15th, bks. Diamond, JJladonna; 23th, brig Sac- 
ramento.: hk. Se[/uin, Norton; brig Duc de Lm'f}unes, Travillot. 
uThe schooner Milwaukie J built at Milwaukie b) Lot 'Vitcomband Joseph 



OTIEGON SHIPPIKG. 


49 


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

1ills, which was a total loss to the Island :Milling Company. Or. Spectator, 
Jan. 10, 1830. 
16 This latter wreck was of the Silvie de Grasse which hrought Thornton 
home from Boston. She was formerly a packet of 2,000 tOllS, built of live- 
oak, and running between New York and Havre. She loaded with lumber 
for San Francisco, but in descending the river ran upon a rock and split. 
Eighteen years afterward her figure-head and a part of her hull stood above 
the water. 'Vhat was left was then sold to A. S. :Mercer, the iron being still 
in good order, and the locust and oak knees and timbers perfectly sound. ' 
Orerlol1ian, in PlIgf't Sound GazPltp, April!,), 1867. The wreck on the bar was 
of L'Etvile du J1I"tln, before mentioned in connection with the return to 
Oregon of Archbishop Blanchet, and the arrival of the Catholic reënforce- 
ment in 1847, Returning to Oregon in 1849, the captain not finding a pilot 
outside undertook to run in by the south channel, in which attempt he was 
formerly so successful, but its course having shifted, he soon found his ship 
fast on the sands, while an American bark that had followed him, but drew 
10 feet less water, passed safely in. The small life-boats were alJ lost in 
lowering, but after passing through great dangers the ship W3,S worked into 
Baker Bay without a rudder, with a loosened keel and most of the pumps 
broken, aid having been rendered by Latta of the Hudson's Bay Company and 
somc Indians. A box rudder was constructed, and the vessel taken to Port- 
land, and landed where the warehousc of Allen and Lewis later stood, The 
cargo belonged to Francis 
Ienes, who saved most of it, and who opened a 
storc in Oregon City, where he resided four years, finally settling at 8t Louis 
on French rrairie. He died December 18G7. The hull of the JIorning Star 
was sold to Couch and Flanders, and by them to Charles Hutchins, and was 
burned for the iron and copper. Eugene La Forrest, in Portland Oregonian, 

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



50 EFFECT OF THE CALIFOR:NIA GOLD DISCOVERY. 


shore ,vas lined ,vith a fleet of barks, brigs, and ships, 
and ,vhere ,vharves and ,varehouses ,vere in great 
denland. 17 In Oregon City the mills ,vere kept busy 
making flour and lunlber,18 and ne,v sa\v-ulills \vere 
erected on the Colunlbia. 19 
The farmers did not at first derive much benefit 
fronl the change in affairs, as labor ,vas so high and 
scarce, and there ,vas a partial loss of crops in conse- 
quence. Furthern10re their ,,,,heat was already in 
store \vith the nlerchants and 111illers at a fixed price, 
or contracted for to pay debts. They therefore could 
not delnand the advanced price of ,vheat till the crop 
of 1849 ,vas harvested, ,vhile the merchant-millers 
had ahnost a ,yhole year in ,vhich to make flour out 
of 'v heat costing then1 not more than five eighths of 
a dollar a bushel in goods, and 'v hich they sold at ten 
and t,velve dollars a barrel at the TIlills. If able to 
send it to San Francisco, they realized double that 
price. As ,vith wheat so ,,,,,ith other things,20 the 
speculators had the best of it. 
17 Couch returned in August from the east, in the bark ltfadonna, with 
G. A. Flanders as mate, in the service of the Shermans, shipping merchants 
of N ew York. They built a wharf and warehouse, and had soon laid the founda- 
tion of a handsome fortune. Eugene La Forrest, in P070tland Oregonian, Jan. 
29, 1870; Deady, in Tran8. Or, Pionee1' Assor" 1876, 33-4. Nathaniel Crosby, 
also of Portland, was owner of the O. C. Raymond, which carried on so profit- 
able a trade that he could afford to pay the master $300 a month, the mate 
8200, and ordinary seamen $100. He had built himself a residence costing 
$5,000 before the gold discovery. llonolullt Friend, Oct. 15, 184D. 
18 :\IcLoughlin's miller was James Bachan, a Scotchman. The island grist- 
mill was in charge of Robert Pentland, an Englishman, miller for Abernethy. 
Orauior(l's ])Tar., :MS. 
19 A mill was erected in 1848 on l\Iilton Creek, which falls into Scappoose 
Bay, an inlet of the lower 'YiUamette at its junction with the Columbia, where 
the town of :l\Iilton was subsequently laid off and had a brief existence. It 
was owned by T. H. Hemsaker, and built by Joseph Cunningham. It began 
running in 1849, and was subsequently sold to Captain N. Crosbey and Thomas 
'V. Smith, who employed the hark LO'lli.
ian(f, Captain 'Villiams, carryin
 
lumber to San Francisco. C7 o auford's .J..Var., 11S., 217. By the bark Diamond, 
which arriveù from Boston in August, Hiram Clark supercargo, Abernethy 
received a lot of gooùs ancl took Clark as partner. Together they built a saw 
and planing mill on the Columbia at Oak Point, opposite the original Oak 
Point of the 'Vinship lJrothers, a more convenient place for getting timber or 
loading vessels than Oregon City. The island mill at the latter place was 
rented to 'yalter Pomeroy, and subserJuently sold, as I shall relate hereafter. 
Another mIll was erected above find back of TonO'ue Point by Henry Marland 
in 1849. Id,
' lIonolulu Fri('Jul, Oct. 3, 1849. 0 
2.) In the Spectator of Oct. 18, ] 849, the price of beef on foot is given at 
6 and 8 cents; in market, 10 and 12 cents per pound; pork, 16 and 20 cents; 



:MI
D AND HABITS UNSETTLED. 


51 


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


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



52 EFFECT OF THE CALIFORXIA GOLD DISCOVERY. 


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


23 Grover's Or. Archives, 311, 315. The act was approved by the goyernor 
Feb. IG, 1849. According to its provisions the mint was to be established at 
Oregon City; its officers, elected annually by the house of represcntatÌ\?es, 
were to give cach830,OOO bonds, and draw a salary of $l,Um) each perannum, to 
lJe paid out of proceeds of the institution. The director was empowered to 
l)ledge the faith of the territory for means to put the mint in operation; and 
was required to publish in some newspaper in the tcrritory a quarterly state- 
l11ent, or by sending such a report to the county clerk of each county. The 
act provided for an assayer and melter and coiner, the latter being forbidden 
to use any alloys whatever. The weight of the pieces was to be Hve penny- 
weights and ten pennyweights respectively, no more and no less. The dies 
for stamping were required to have on one side the Roman figure fÌ\Yc, for 
the picces of fh-e pennyweights, and the Roman figure ten, for the pieces of 
tell pcnnyweights, the reverse sides to be stamped with the ,vords Oregon 
Territory, and the date of the year around the face, with the 'arms of Ore- 
gon' in the eeutre. 'Yhat thcn constituted the 'arms of Oregon' is a ques- 
tion. Brown, Will. Vallry. !\IS" 13, says that only parts of the impression 
remain in the Oregon archives, and that it has gone out of the memory of 
everybody, including Holderness, secretary of state in 1848. Thornton says 
tlmt the auditor's seal of the provisional govcrnment consisted of a star in 
the centre of a figure so arranged as to reprcsent a larger star, containing the 
h.tters Auditor O. T" and that it is still I)rescrved in the Oregon archi\-cs. 
Rf'lics, 1\1S., 6. But as the law plainly ùcscribed the coins as having the arms 
of Oregon on the same siùe with the date and the name of the territory, then 
if the idea of the legislators was carried out, as it seems to have been, a beaycr 



THE QUESTION OF COINAGE. 


53 


reason for the passage of the act \yas, really, the lo\v 
price of gold-dust, the lnerchants having the po,ver 
to fix the rate of gold a:s ,veIl a8 of ,vheat, receivillg 
it for goods at t,velve dollars an ounce, the Hud
on'
 
Bay Conlpany buying it at ten dollars and paying in 
coin procured for the purpose. 24 
The effect of the la,v ,vas to prevent the circulation 
of gold-dust altogether, as it forbade \veighing. No 
steps \vere taken to\vard building a 111int, \v hich \vould 
have been inlPossible had not the erection of a terri- 
torial governnlent intervened. But as there \vas 
henceforth considerable coin coming into the country 
to exchange at high prices for every availàble product, 
there ,vas no serious lack of 111oney.25 On the con- 
trary there \vas a disadvantage in the readine
s ,vith 
\vhich silver \vas introduced froln California, barrels 
of 
Iexican and Peruvian dollars being thro\vn upon 
the n1arket, \vhich had been sent to California to pay 
for gold-dust. The Hudson'
 Bay C0111pany allu\ved 
only fifty cents for a Peruvian dollar, \vhile the Anler- 
ican Inerchants took thenl at one hundred cents. Sonle 
of the Oregon miners \vere shre,vd enough to buy up 
1\Iexican silver dollars, and even less valuable coins, 
\vith gold-dust at sixteen dollars an ounce, and take 


must have been the design on the territorial seal, as it was on the coins. 
All disbursements of the mint, together with the pay of officers, must be made. 
in the ståmped pieces authorized hy the act; and whatever remained of profits, 
after deducting expenses, ,,,,as to be applied tu pay the Cayuse ,,,,ar expenscs. 
Penalties were provided for the punishment of any private pcrson who should 
coin gold or attempt to pass unstamped gold. The officers appointed were 
James Taylor, director; Truman P. Powers, treasurer; \Y. If. \\
illson, 
melter and coiner, and G. L, Curry, assayer. Ur. Spedator, Feb. 
2, 1849. 
24 Barnes' Ur. and Cal., J\1S., 9; Buck's Ente7''Pri.,es, JUS., 8; BrU'll'u's IVill. 
ral., :.MS., 14. This condition of the currency caused a petition to be drawn 
up and numerously signed, setting forth that in consequcnce of the neglect of 
the United States government the colonists must combine against the greed 
of the merchants in this matter. There was gold-dust in thc territory, they 
declared, to the yalue of two millions of dollars, and more arriving. Besides 
the losses they were forced to Lear by the depreciation of gold - dust, there 
was the inconvenience üf handling it in its original state, and also the lo::;s 
attending its frequent dhTision. These objections to l1 golil- dust currency 
being likely to exist for some time, or as long as mining was followed, they 
prayed the legislature to pass a coinage act, which was ùone as I bave said. 
Or. Archire8, 
IS., 188. 
25 Deady's lIist. Or., 
IS. 



54 EFFECT OF THE CALIFORNIA GOLD DISCOVERY. 


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


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

tates; Lut only askcd for thc tcmporary privilege undcr the provisional go\'- 
crnh1ent of coining gold to meet thc requirements of Lusiness for the present; 
r.nll that if this act was to he numbered among those which congress was 
asked to confirm, it wab a ùirect insult to the Uniteù States. 'Vait may have 
h
en right as to the general scntiment of the pe0ple, or of the best and most 
patriotic men of the American rarty, but it is plain from the language of the 
memorial to the legislature that its framers were in a mood to defy the gov- 
ernment which had so long appeared to be unmindful of them. 



BEAVER 
10NEY. 


55 


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


29 The ten-dollar pieces differed from the fives by having over the beaver 
only the letters' K. M. T. R. C. S.' underneath which were seven stars. Be- 


TEN DOLLABB. 


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



56 EFFECT OF. THE CALIFORNIA GOLD DISCOVERY. 


,vas eCOn0111Y and thrift before, there ,vas no\va ten.. 
dency to profligacy and \vaste. This was natural. 
They had suffered so long the oppression of a \vant 
that could not be relieved, and the restraint of desires 
that could not be gratified \vithout money, that \vhen 
nloney Call1e, and ,vith such ease, it ,vas like a draught 
of brandy upon an elnpty stonlaeh. There ,vas in- 
toxication, sonletirnes deliriun1. Such ,vas especially 
the case ,vith the Canadians,32 some of \vhom brought 
hon1e thirty or forty thousand dollars, but ,vere unable 
to keep it. The saIne ,vas true of others. The pleasure 
of spending, and of buying such articles of luxury 
as no,v began to find their ,yay to Oregon fron1 an 
overstocked California nlarkct, ,vas too great to be 
resisted. If they could not keep their n1oney, ho,v- 
ever, they put it into circulation, a!1d so contributed 
to supply a ,vant in the conlrnunity, and enable those 
'v ho could not go to the nlines, through fear of losing 
their land clainls, or other cause, to share in the golden 
harvest. 33 
It has been held by some that the discovery of 
gold at this time seriously retarded the progress of 
Oregon. 34 This ,vas not the case in general, though 
it 111ay have been so in particular instances. It 
took agriculturists tenlporarily from their farms and 
mechanics froln their shops, thereby checking the 
steady if slo\v march of iUlprovenlent. But it found 
a Inarket for agricultural products, raising prices 
several hundred per cent, and enabled the farnler to 
get gold for his produce, instead of a poor class of 
goods at exorbitant prices. It checked for t,vo or 
three years the progress of building. While l1lill- 
o,vners obtained enormous prices for their lunlber, 
the \vages of nlechanics advanced from a dollar and a 
half a day to eight dollars, and the day laborer ,vas 
able to demand and obtain four dollars per day 35 
32 Ande'l'son'.
 NorthweRt Coast, 1IS., 37-9; Johnson's Cal. and Or., 20ü-7. 
33 8ayward's Pioneer Remin., 
IS., 7. 
M Deady, in Ovedand it/ont/ill!, i. 36; IIonolulu Friend, 
Iay 3, 18.31. 
3
 Brown's Autobio[}1"Ctphy, 
1
., 37; Stl'on[J's11ist. Or., 11
., 15. 



W AGES AND DEBTS. 


57 


,yhere he had received but one. 
fen ,vho before ,vere 
ahnost hopelessly in debt ,vere enabled to pay. By 
the anlended currency la,v, all debts that had to be 
collected by la \v \vere payable in gold instead of 
,vheat. l\Iany persons ,vere in debt, and their credit- 
ors hesitated to sell their farms and thus ruin thclll; 
but all the same the dread of ruin hung over thenl, 
crushing their spirits. Six months in the gold nlines 
changed all, and lifted the burden fronl their hearts. 
Another good effect \vas that it drew to the country 
a class, not agriculturists, nor mechanics, nor profes- 
sional men, but projectors of various enterprises bene- 
ficial to the public, and ,vho in a short time built 
steanlboats in place of sloops and flatboats, and estab- 
lished inland transportation for passengers and goods, 
\vhich gradually displaced the pack-train and the 
universal horseback travel. These new 111en enabled 
the United States government to carry out SOITIe of 
its proposed nleasures of relief in favor of the people 
of Oregon, in the matter of a nlail service, to open 
trade ,vith foreign ports, to establish telegraphic conl- 
munication ,vith California, and eventually to introduce 
railroads. These were certainly no light benefits, anù 
,vere in a measure the result of the gold discovery. 
Without it, though the country had continued to fill 
up \vith the saIne class of people \yho first settled 
it, several generations must have passed before Sð 
111uch could have been effected as ,vas no\v quickly 
accolÐplished. Even \vith the aid of governnlent the 
country lllust have progressed slo\vly, o\ving to its 
distance from business and progressional centres, and 
the expense ofnlaintaining intercourse \vith the parent 
government. }Ioreover, during this period of slo\v 
gro\vth the average condition of the people \yith re- 
spect to intellectual progress \vould have retrograded. 

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



58 EFFECT OF THE CALIFORNIA GOLD DISCOVERY. 


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


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


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



THE \VHEELS OF LEGISLATION. 


59 


poeg, Po]k, and Linn counties, there 'vere still but 
thiréeen out of t\venty-three allo\ved by the appor- 
tionlnent. After organizing by choosing Ralph vVil- 
cox speaker, 'V. G. T'Vault chief clerk, and 'Villiaul 
11oln1es scrgeant-at-arn1s and door-keeper, the house 
adjourned till the first l\londay in 
'ebruary, to give 
t
nle for special elections to fill the nunlerous vacan- 
CIes. 
The governor having again issued proclamations to 
the yacant districts to elect, on the 5th of :b'ebruary 
1849 there convened at Oregon City the last session 
of the provisional legislature of the Oregon colony. 
I t consisted of eighteen nlell1bers, narnely : Jesse 
Applegate, W. J. Bailey, A. Cox, 1\1. Cra\vford, G. 
L. Curry, A. F. Hedges, A. J. Henlbree, David 
Ifill, John Huùson, A. L. Le\vis, W. J. J\lartin, S. 
Parker, H. J. Peterson, Willianl Portius, L. A. Rice, 
S. R. Thurston, J. C. A very, and Ralph 'Vilcox. 39 
Le\vis County remained unrepresented, nor did 
Avery of Benton appear until brought ,vith a ,yar- 
rant, an organization being effected ,vith seventeen 
l1lelll bers. Wilcox declining to act as speaker, Levi 
A. Rice ,vas chosen in his place, and s\vorn into office 
by S. 1\1. Holderness, secretary of state. T'Vault 
,vas reëlected chief clerk; James Cluse enrolling clerk; 
89 Ralph 'Yilcoxwas born in Ontario county, New York, July 9, 1818. He 
graduated at Geneva medical college in that state, soon after which he re.- 
moved to :Missouri, where on the 11th of October 1845 he married, emigrat- 
ing to Oregon the following year. In January 1847 he was appointed by 
Abernethy county judge of l'ualatin vice 'V. Burris resigned, amI the same 
year was elected to the legislature from the same county, and re-elected in 
1818. Besides being chosen speaker at this session, he was elected Bpeaker of 
the lower house of the territorial legislature in 1850-1, and president of the 
council in 1853-4. During the years 1856-8 he was register of the U. S. 
land office at Oregon City, and was elected in the latter year county judge of 
'Vashington (formerly Tualatin) county, an office which he held till 18ß2, 
when he was again elected to the house of representatives for two years. In 
July 1863 he was appointed clerk of the U. S. district court for the district 
of Oregon, and U. So commissioner for the same district, which office he con- 
tinued to hold down to the time of his death, which occurred by suicide, 
April 18, 1877, having shot himself in a t:!tate of mental depression caused by 
1):1ralysis. Notwithstanding his somewhat free living he had continued to 
enjoy the confidence of the public for thirty years. The Po:tland bar 
passed the usual eulogistic resolutions. Oregon City Entf"]Jrise, Apnl2ü, 1877; 
S. F. Alta, April IU, 1877; Cal. Christictn Advot'ate, 
lay 3, 187";; P07.tland 
Urf!yonicUl, April 21, 1877; Deady, in Or. Pioneer As.so. 'l'rans., 1873, 37-8. 



60 EFFECT OF THE CALIFORNIA GOLD DISCOVERY. 


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


{O This information seems to have been brought to Oregon in January 
1849, by o. c. Pratt, one of the associate judges, who happened to be in Cali- 
fornia, whither he had gone in pursuit of health. His commission met hÏ1n 
at :l\Ionterey about the last of Kov., and in Dec. he left for Oregon on the 
bark Undine which after a long voyage, and being carried into Shoalwater 
Bay, finally got into the Columbia in Jan. Salfm 07'. Statesman, Aug. 7,18.32; 
Or. Spect(/tO'l', Jan. 2.3, 1849. 
41 He submitted the report of the adjutant-general, by which it appeared 
that the amount due to privates and non-commissioned officers was 
109,- 
311.50, besides the pay of the officers and those persons employed in the 
different departments. He recommended that a law should he passed author- 
izing scrip to be issued for that amount, redeemable at an early date, and 
bearing interest until paid. The belief that the general gm"ernment would 
become responsible would, he said, make the scrip salable, and enable the 
holders to 'whom it should be issued to realize something immediately for 
their services. Grove7"s Or. Archive.';, 273. This was the beginning of specu- 
lation in Oregon war scrip. As to the report of the commissary and quarter- 
ma5ter-general, the governor left that for the legislature to examine into, and 
the accounts so far as presented in these departments amounted to something 
like $.37,000, making the cost of the war without the salaries of the commis- 
sioned officers over SH3ü,OOO. This was subsequently much reduced by a. 
commis"ioll, as I shall show ill the proper place. 



ACTS PASSED. 


61 


cers enlployed in the service of the territory during 
the hostilities, and an act regulating the issuing and 
redelnption of scrip/2 making it payable to tho porson 
to ". hOln first issued, or bearer, the treasurer being 
authorized to exchange or redeern it 'v henever offered, 
,yith interest. Another act provided for the manner 
of exchange, and interest paYlnents. An act ,vas 
passed nlaking a change in the oath of office, and 
Inaking county clerks recorders of land clainls, to 
,y hieh the governor refused his signature on the plea 
that the United States la\vs ,,""ould provide for the 
111anner of recording claims. On the other hand the 
legislature refused to alnend the organic law' by put- 
ting in the \vord 'prohibit' in place of 'regulate,' but 
passed an act making it necessary for every person 
applying for a license to sell or nlanufactul"8 ardent 
spirits, to take an oath not to sell, barter, or give 
liquor to any Indian, fixing the penalty at one hundred 
dollars; and no distilleries were to Le allo,ved beyond 
the linlits of the \ybite settlelnents. With this poor 
substitute for the entire interdiction he had so long 
desired, the governor ,vas con1pel1ed to be so far sat- 
isfied as to append his signature. 
Besides the act providing for ,veighing and stamp- 
ing gold, of \vhich I haye spoken, little n10re ,vas done 
than is here nlentioned. SOlne contests took place 
het\vecn nlelnbers over proposed enactlnents, and 
Jesse Applegate,43 as custolnary ,vith hiln, offered 


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



62 EFFECT OF THE CALIFOR
IA GOLD DISCOVERY. 


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


treating for wild lands in the territory, or for holding treaties with the Indian 
triLes for the purchase of lands,' all of which was very apparent. But l\Ir 
Applegate introduced the counter resolution' that if the doctrine in the reso- 
lution last passed be true, then the powers of the Oregon governmcnt are un- 
equal to the wants of the people,' which was of course equally true, as it was 
only provisional. 
H He wished to know, he said, whether the superintendent had upon his 
own or the authority of any other officer of the government confiscated to 
the use of the people of Oregon any InJian country, a11<l if so, why; if any 
grant or charter had been given by him to any citizen or citizens for the set- 
tlement of any Indian country, and if so, by what authority; and whether he 
had enforced the law prohibiting the sale of liq uor to Indians. 'A. Lee Lewis, , 
says Applegate, 'a bright young man, the son of a chief factor, aften\ard 
superinten(lent of Indian affairs, was the first representative of Vancouver 
district.' Vìew80f lIi.st., 
IS., 4.3. Another British subjcct, who touk a part 
in the provisional government, was Richard Lane, appointed Ly Abernethy 
county judge of Vancouver in 1847, vice Dugald l\IcTavish rcsigned. ()r, Spec- 
tator, Jan. 21, 18-17. Lane came to Oregon in 18:
7 as a clerk to the Hudson's 
Bay Company. He was a ripe scl
olar and a good lawyC'r. He li'Ted for 
some time at Oregon City, and afterward at Olympia, holding various offices, 
among others those of clerk of one branch of the territorial legislature uf 
'Vashington, clerk of the supreme and district courts, county auditor, a11(1 
clerk of the city corporation of Olympia. He died at The Dalles in the 
spring of 1877, from an overdose of morphine, apparently taken with sui- 
cidal intent. He was then about sixty years of age. Valles Mountaineer, 
in Seattle Pacific Tribune, 
Iarch 2, 1877. 



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


63 


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


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


45 The salary of the govE.rnor was nominally $300, but really nothing, as 
the condition of the treasury was such as to make ùrafts upon it worthless 
except in a few cases. Abernethy diù not receive his pay from the prodsional 
government, and as the territorial act diel not confirm the statutes passed by 
the seyeral colonial legislatures, he had no redress. After Oregon had become 
a state, and when by a series of misfortunes he had lost nearly all his posses- 
sions, after more than 20 years' waiting Abernethy receh-ed his salary as 
governor of the Oregon colony by an appropriation of the Oregon legi::3lature 
Oct. 1872. The amount was $2,986,21, which congress was asked to make 
good to the state. 
46 A, L. Loyejoy was elected supreme judge in place of Columhia Lan- 
caster, appointell by the gOVf'nlOr in place of Thornton, who resign cd in 1847. 
'V. S. :Mattock was chosen circuit judge; Samuel Parker, prosecuting attor- 
ney; Theophilus :Magruder, secretary of the territory; 'V. K. Kilhorne, 
treasurer; 
John G. Campbell, auditor; \Y. H, Bennett, marshal, an(l A. Lee 
Lewis, superintendent of Indian affairs. 01'. Spectator, Feb. 22, iS4!). 



Q-1 EFFECT OF THE CALIFORYIA GOLD DISCOVERY. 


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


4i Gen. Smith in his r
port to the secretary of war said that the roads to 
Oregon were made to come into it, but not to go out of it, referring to the steep 
descents of the western declivities of the Cascade :Mouutains. 
4,8 A long dry autumn in 1849 was followed by freshets in the '\Villamette 
Valley in Dec. and J an" which carried off between $40,000 and $30,000 worth 
of property. Or. Spectator, Jan. 10, 1850. 



ABSENCE OF THE I
TFERNO. 


65 


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


.9 'Vhen J. Q, Thornton was in 'Vashington in 1848, he had made a seal 
for the territory, the design of which was appropriate. In the centre a shield, 
two compartments. Lower compartment, in the foreground a plough; in 
the dista.nce, mountains. In the upper compartment, a ship under full sail. 
The crest a beaver; the sinister supporter an Inùian with bow and arrow, 
and a mantle of skins over his shoulders; the dexter supporter an eagle 
with wings displayed; the motto-alis volet propriis-I fly with my own wing. 
Field of the lower compartment argent; of the upper Llue. This seal was 
presented to the governor and secretary in 1850, and by them adopted, By 
act of Jan. 1854, it was directed to be deposited, and recorded in the office 
of the secretary, to remain a public record; but so far as can be ascertained 
it was never done. 01.. Gen. Laws, 1845-1864, p. 627. For fac-simile of seal 
see p. 487, this vol. 
Hl
T. OR., VOL. II. 5 



CHAPTER II!. 


LANE'S AD
IINISTRATION. 


1849-1850. 


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

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

1 URDERERS. 


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


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


(66 J 



PACIFICATIONS. 


67 


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


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



68 


LAXE'S AD:\IIKISTRATIOY. 


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


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



TROUBLES AT NISQUALLY. 


GD 


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


. 


5 The transport .ll[a.
sacllll:";elts entered the Columbia 
Iay 7th, by the sail- 
ing directions of Captain Gclston, without difficulty. l/onolulu Friend, Kov. 
1, 1849. This was the first government \"esscl to get safely Ï11to the river. 
6 Llt1le'S Rept. to the Sec. JVar., inS1st C07l[I., 2d 8es8., 11. Ex. Doc. 1, ]37. 
7 The 
7JIassacltusett8 went to Portland, where she was loaded with lumber 
for the use of the government in California in building army quarters at Beni- 
cia; the U. S. transport Anita was likewise employed. Iuyall"s RCllt.) in 31ðt 
COltY., :2d Bess., .11. Ex. Doc. 1, 284. 



70 


LANE'S AD
IINISTRATION. 


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


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


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



TERRITORIAL LEGISLATURE. 


71 


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


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


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


. 




" 
;- 


LANE'S AD
IINISTRATION. 


usual congratulations Lane, in his message to the 
legislature, alluded briefly to the Cayuses, \v ho, he 
promised, should be brought to justice as soon as the 
rifle regiulent then on its \vay should arrive. Con- 
gress \vould probablJ appropriate money to pay the 
debi, amounting to about one hundred and ninety 
thousand dollars. He also spoke of the Wallace 
affair, and said the murderers should be punished. 
His suggestions as to the \vants of the territory 
\vere practical, and related to the advantages of good 
roads; to a judicious system of revenues; to the re- 
vision of the loose and defective condition of the 
statute la\vs, declared by the organic act to be opera- 
tive in the territory;13 to education and COmlTIOn 
schools; to the organization of the militia; to election 
nlatters and providing for apportioning the repre- 
sentation of counties and districts to the council and 
house of representatives, and defining the qualifica- 
tion of voters, \vith other matters appertaining to 
governlnent. He left the question of the seat of gov- 
ernment to their choice, to decide \vhether it should 
be fixed by then1 or at some future session. He re- 
ferred with pleasure to the return of many absentees 
fronl the mines, and hoped they \vould resume the 
cultivation of their farIns, \vhich from lying idle 
\vould give the country only a short crop, though 
there was still enough for home consumption. 14 He 


and G. \Valling, of Clackamas; D. Hill and "\V. 'V. Eng, of Tualatin; ""V. 
,Yo Chapman, 'V. S. :Matlock, and John Grim, of Champoeg; A. J. Hem- 
bree, R. KillJ}ey, and J. B. \Valling, of Yamhill; Jacob Conser and J. S. 
Dunlap, of Linn; H. N. V. Holmes and S. Burch, of Polk; J. :Mulkeyand 
G. B. 
mith, of Benton; and 
I. T. Simmons from Clatsop, Lewis, and Van- 
couver counties. //onolulu Friend, Nov. I, 1849; Ame7 0 ican Almanac, 1849,312. 
The presiùent of the council was Samuel Parker; the clerk, A. A. Robinson; 
sergeant-at-arms, C. Davis; door-keeper, S. Kinney; chaplain, David Leslie. 
Speaker of the house, A. L. Lovejoy; chief clerk, 'Villiam Porter; assistant 
clerk, E, Gendis; sergeant-at-arms, 'Villiam Holmes; door-keeper, D. D. Bai- 
ley; chaplain, H. Johnson. Honolulu Friend, Nov. 1, 1849; Or. Spectator, Oct. 
18, 1849. 
13 Lane's remarks on the laws of the provisional government were more 
truthful than flattering, considering what a number had been simply adopted 
from the Iowa code. 
Iessage in Or. Bpecta(m', Oct. 4, 184U; 311:3t Cong., 1st 
Bess., 8. Doc. 52, xiii. 7-12; 1'ribune Almanac, 18.30-51. 
Ii Patent Office Rept., 1849, ii. 511-12. 



ACTS AND :ME
10RIAL. 


73 


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


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



74 


LANE'S ADl\1I
ISTRATION. 


ment ,vas relninded that such a grant had been long 
expected; that, indeed, congress ,vas responsible for 
the expectation, ,vhich had caused the ren10val to 
Oregon of so large a nUlnber of people at a great cost 
to themselves; that they ,vere happy to have effected 
by such en1igration the objects which the governn1ent 
had in vie,v, and to have been prospectively the pro- 
llloters of the happiness of ll1Ïllions yet unborn, and 
that a section-of land to each "\vould no lnore than pay 
them for their: trouble. The Inen10rial asked payment 
for the cost of the Cayuse ,val", and also for an appro- 
priation of ten thousand doBars to pay the debt of 
the late governnlent, ,vhich, adopted as a necessity, 
and ,veak and inefficient as it had been, still sufficed to 
regulate society and promote the gro,vth of 'v hole- 
sonle institutions. 17 A further appropriation of t,venty 
thousand dollars ,vas asked for the erection of public 
buildings at the seat of government suitable for the 
transaction of the public business, which "vas no nlore 
than had been appropriated to the other territories 
f()r the same purpose." A sum sufficient for the erec- 
tion of a penitentiary ,vas also ,vanted, and declared 
to be as much in the interest of the United States 
as of the territory of Oregon. 
'Vith regard to the school lands, sections sixteen 
and thirty-six, ,vhich "\vould fall upon the claims of 
some settlers, it 'vas earnestly recomn1ended that 
congress should pass a la,v authorizing the to,vnship 
authorities, if the settlers so disturbed should desire, 
to select other lands in their places. At the same 
time congress ,vas relninded that under the distribu- 
tion act, five hundred thousand acres of land ,vere 
given to each new state on coming into the union; 
and the people of Oregon asked that the territory be 
allowed to select such lands immediately on the public 


17 Congress never paid this debt. In 1862 the state legislature passed an 
act constituting the secretary commissioner of the provincial government 
debt, and register of the claims of scrip-holders. A report made in 1864 
shows that claims to the amount of $4,574.02 only had been proven. 
lany 
were never presented. 



JUDICIAL DISTRICTS. 


75 


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


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



76 


LANE'S ADl\1INISTRATION. 


the judicial districts \vas attended to. Having first 
changed the names of several counties,20 it \vas decreed 
that the first judicial district should consist of Clack- 
aTHas, 
Iarion, and Linn; the second district of Ben- 
ton, Polk, Yamhill, and vVashington; and the "third of 
Clarke, Clatsop, and Lewis. The time for holding 
court ,vas also fixed. 21 
'Vbile a,vating. a donation law an act ,vas passed 
declaring the late land la\v in force, and that any per- 
son ,vho had complied or should thereafter cOIn ply 
,vith its provisions should be deemed in possession to 
every part of the land ,vithin his recorded boundary, 
not exceeding six hundred and forty acres. But the 
saIne act provided that no foreigner should be en- 
titled to the benefits of the la\v, who should not 
have, ,vithin six lTIonths thereafter, filed his declara- 
tion of intention to become a citizen of the United 
States. 22 
The new land law amended the old to make it con- 
forin to the territorial act, declaring that none but 
,vhite 111ale citizens of the United States, over eigh- 
teen years of age, should be entitled to take clainls 
under the act revived. The privilege of holding 
claims during absence fronl the territory by paying 
fi ve dollars annually ,vas repealed; but it ,vas declared 
not necessary to reside upon the land, if the claiu1ant 
continued to ilTIprOVe it, provided the claimant should 
not be absent more than six 111onths. It \vas also de- 


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

Iarion; of Tualatin to "\Vasbington, and of Vancouver to Clarke. Or. Spec- 
tator, Oct. 18th. 
21 As there was yet no judge for the third judicial district, and the time 
for holding the court in Lewis county had been appointed for the second 
lon- 
day in J\Iay and November, Governor Lane prevailed upon the legislature to 
attach 'the county of Lewis to the first judicial district which "\-vas to hold 
its first session on the first 
Ionday in Septemher, aud to appoint the first 
:Monday in October for hoMing thc <.listrict court at Steilacoom in the county 
of Lewis. This change was madc in order to bring the trial of the Slloqua- 
limichs in a season of the year when it would be possible for the court to travel 
to Puget Sound. 
22 · During the month of :May several hundred foreigners were naturalized. ' 
IIunolulu Friend, Oct. 1, 184f)' There was a doubt in the mind of Judge 
Bryant whether Hawaiians could becomc naturalized, the law of congress being 
explicit as to negroes and In<.lians, but 110t mentioning Sandwich Islan<.lers. 



SCHOOL LA'V. 


77 


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


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



78 


LANE'S AD
IINISTR
t\.TION. 


nleeting nlight impose an ad valorem tax on all taxa- 
ble property in the district for the erection of school 
houses, and to defray the incidental expenses of the 
districts, and for the support of teachers. All chil- 
dren bet\veen the ages of four and t\venty-one years 
\vere entitled to the benefits of public education. 24 
I t is unnecessary to the purposes of this history to 
follo,v the legislature of the first territorial assen} bly 
further. No nloney having been received 25 for the 
payment of the legislators or the printing of the la\vs, 
the legislators Inagnanimously \vaived their right to 
take the remaining thirty days allo,ved them, and thus 
left some work for the next assembly to do. 26 
On the 21st of September the assenlbly ,vas noti- 
fied, by a special nlessage fronl the governor, of the 
death of ex-President James K. Polk, the friend of 
Oregon, and the revered of the western democracy. 
As a personal friend of Lane, also, his death created a 
profound sensation. The legislature after draping 
both houses in mourning adjourned for a week. Pub- 
lic obsequies were celebrated, and Lane delivered a 
highly eulogistic address. Perhaps the adnlirers of 
Polk's administration and political principles \vcre all 
the more earnest to do hinl honor that his successor 


24 Says Buck in his Entprprises, :MS., 11-12: 'They had to make the first 
beginning in schools in Oregon City, and got up the present school law at the 
first session in 1849. It was drawn mostly after the Ohio law, and subsequently 
amended. F. C. Beatty taught the first (common) school at Oregon City in 
1850.' Besides chartering the Tualatin Academy and Pacific University, a 
charter was granted to the Clackamas County Female Seminary, with G. 
Abernethy, A. L. Lovejoy, James Taylor, HiraIn Clark, G. H. Atkinson, 
Hezekiah Johnson, and "\Vilson Blain as tnlstees. 
25 Lane'.'J Rept. in 31st Cony., 2d 8('88., [I. Ex. Doc., i. 
26 One of the members tells us something about the legislators: '1 haye 
heard some people say that the first legislature was better than anyone we 
havc had since. I think it was as good. It was composed of more substan- 
tial men than they"have had in since; men who represented the people better. 
The second one was probably as good. The third one met in Salem. It is 
my impression they had deteriorated a little; but I would not like to say so, 
because I was in the first one. I know there were IlO such men ill it as go to 
the legislature now.' Buck's EnterlJrise8, 1\lS., II. 'The only ùifference among 
members was that each one was most partial to the state from which he had 
emigrated, and with the operations of which he was familiar. This difficulty 
proved a serious one, and retarded the progress of business throughout.' 01". 
Spectator, Oct. 18, 1849. 



ACCOßI
IODATION COURT. 


79 


in office ,vas a ,vhig, ,vith ,vhose appointments they 
,vere predetermined not to be pleased. The officers 
elected by the legislature ,yere: A. A. Skinner, C0111- 
n1issioner to settle the Cayuse ,val' debt; Bernard 
Genoise, territorial auditor; J an1es Taylor, treasurer; 
\V m. T. l\fatlock, librarian; James J\IcBride, superin- 
tendent of schools; C. J\f. Walker, prosecuting attor- 
ney first judicial district; David Stone, prosecuting 
attorney second judicial district; Wilson Blain, public 
printer; A. L. Lovejoy and \V. W. Buck, con1lnission- 
ers to let the printing of the la,vs and journals. Other 
offices being still vacant, an act \vas passed providing 
for a special election to be held in each of the several 
counties on the third l\londay in October for the 
election of probate judges, clerks, sheriffs, assessors, 
treasurers, school commissioners, and justices of the 
peace. 


As by the territorial act the governor had no veto 
po\ver, congress having reserved this right, there ,vas 
nothing for him to do at Oregon City; and being 
accustomed of late to the stir and incident of n1ilitary 
camps he longed for activity, and employed his time 
visiting the Indians on the coast, and sending couriers 
to the Cayuses, to endeavor to prevail upon then1 to 
give up the \Vaiilatpu murderers. 27 The legislative 
assembly having in the mean time passed a 
pecial 
act to enable him to bring to trial the Snoqualilnichs, 
and Thornton's munificent offer of re\vard having 
prompted the avaricious savages to give up to Captain 
Hill at Steilacoom certain of their nun1ber to be dealt 
,vith according to the white nlan's la\v, Lane had the 
satisfaction of seeing, about the last of Septen1ber, 
the first district court, marshal and jurYlnen, grand 
and petit, on the ,yay to Puget Sound,28 where the 


27 Lane'8 A
ttobiography, MS., 55; 31st Cony., 1st Bess., Sen. Doc. 47, viii. 
pt. Hi. 112. 
28 There was a good deal of feeling on tbe part of the Hudson's Bay Com. 
pany concerning Lane's course, though according to Tolmie's account, in 
Truth Teller, the Indians were committing hostilities against them as well aa 



. 


80 


L

E'S AD:\IINISTRATION. 


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


against the Americans. Roberts says that when Lane was returning from 
the Sound in June, he, Roberts, being at the Cowlitz farm, rode out to meet 
him, and answered his inquiries concerning the best way of preserving the 
peace of the country, then changing from the old regime to the new. 'I was 
astonished,' says Roberts, 'to hear him remark" Damn them! (the Indians) it 
would do my soul good to be after them." This would never haye escaped 
the lips of Dr :l\1cLoughlin or Douglas.' Recollections, MS., 15. There was 
always this rasping of the rude outspoken western sentiment on the feelings 
of the studiously trained Hudson's .Bay Company. But an Indian to them 
was a different creature from the Indian toward whom the settlers were 
hostile. In the one case he was a means of making wealth; in the other of 
destroying property amI life. Could the Hudson's Bay Company have changed 
places with the settlers they might have changed feelings too. 
29 Bryant's Rept. to Gov. Lane in 31st Cong., 2d Sess., H. Ex. Doc.., i. 
166-7; Hayes'Scraps, 22; Or. Spectator, Oct. 18, 1849. 
80 Tolmie's PU[}et SOU1ul, MS., 36. 



THE :\IOUNTED RIFLE REGI)IENT. 


81 


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


81 The command was first given to Frémont, who resigned. 
32 See letter of 'Y. L. :Marcy, secretary of war, in Or. Spectator, Nov. 11, 
1847. 
33 The officers were Bvt. Lieut. Co!. A. Porter, Co!. Benj, S. Roherts, Bvt. 
:Major C. F. Ruff, :Major George B. Crittenden, B\Tt. :l\Iajor J. S. Simonson, _ 
B,rt. 
lajor S. S. Tucker, Bvt. Lieut. Co!. J. B. llackenstos, Bvt. 
Iajor 
Kearney, Captains:\1. E. V.3,11 Buren, Gcorge )'lcLane, 1, oah K ewton, Llewellyn 
Jones, ll'Tt. Captain J. P. Hatch, R. Ajt., Bvt. Captains Thos. Claiborne Jr" 
Uordon Granger, James 
tuart, and 1'hos. G. Rhett; 1st Lieuts Charles L. 
Denman, A. J. Lindsay, Julian :I\1ay, F. 
. K. Russell; 2(1 Li
uts D. ::
\I. Frost, 
R. Q. 
I., I. N. Palmer, J. ,l\lcL. Addison, \Y. B. Lane, \V. E. Jones, George 
\V. Howland, C. E. Eryine; surgeons I. 
Ioses, Charles H, Smith, and \Y. F. 
Edgar. The followillg Wf:;re persons travelling with the regiment in various 
capacities: George GiLbs, deputy collector at Astoria; Alden H. Steele, who 
settled in Oregon City, -O;-.There he practised meJicine till 1863, when he became a 
surgeon in the army, finally settling at Olympia in 18G8, where in 1878 I met 
him, and he furnished a brief but pithy account in manuscript of the march 
of the Oregon 
lounted Rifle Regiment; \V. Frost, Prew, \Vilcox, Leach, 
Bishop, Kitchen, Dudley, and Raymond. Present also was J. D. Haines, a 
native of Xenia, Ohio, born in 1828, After a residence ill Portla.lld, and 
removal to Jack8onville, he was elected to the house of representatives from 
Jackson county in 18G2, and from Baker county in 1876, and to the state sen. 
ate in 1878. He married in 1871 and has several children. Salem Statesman, 
Nov. 15, 1878; U. S. Uff. Rey., 1849, IGO, IG7. 
HIBT. OR,. VOL. II. 6 



82 


LAKE'S ADl\1I
ISTRATION. 


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


3-1 Cantonment Loring was soon abandoned, being too far from a base of 
SUPIJlies, and forage being scarce in the neighborhood. Brackett's Caval7'Y, 
12ü-7; 31.<;t Cong., 1st .'Jess., II. Ex. Doc. 5, pt. i. 182, 183-6, 188. 
3;) Steele says that Simonson was arrested for some dereJiction of duty, and 
came to Vancouver in this situation; also that l\Iajor Crittenden was arrested 
on the way for drunkenness, Rifle Regiment, 1\18., 2. 
36 )lajor Cross computed the overland emigration to the Pacific coast at 
33,000; 20,000 of whom traNelled the route by the Platte with 50,000 cattle. 
31st Cong., 2d Bess" If. Ex. Doc. 1, 149. 
31 Or. Spectator, Oct. 18, 1849; TVeed's Queen Charlotte Island Exped., 
:MS., 4. 
380n reaching The Dalles, the means of transportation to Vancouv"er was 
found to be '3 :\1ackinaw boats, 1 yawl, 4 canoes, and 1 whale-hoat.' A raft 
was constructed to carry 4 or 5 tons, and loacleù with goods chiefly private, 
8 men bcing placed on board to manage the craft. They attemptell to run 
the cascades and six of them were drowneù. Or. Spectator, Oct. 18, 1849. A 
part of the command with wagons, teams, and riding horses crossed the Cas- 
cade l\Iountains by the :\1ount Hood road, losing' nearly two thirds' of the 
broken-down horses on the way. The loss on the journey amounted to 4.3 
wagons, 1 ambulance, 30 horses, and 293 mules. 
39 Applegate'/:! J'"iews, 1\18., 49. There were fifteen freight wagons and a 
herd of beef cattle in the train. Gen. Joel Palmer acted as guide, the com- 
pany taking the southern route. Palmer went to within a few days of Fort 
I-Iall, where another government train was encountered escorting the customs 
officer of California, Gen. 'Vilson and family, to Sacramento. The grass 
ha\>ing been eaten along the Humboldt route by the cattle of the immigration, 




IILITARY POSTS. 


83 


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


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


Palmer was engaged to conduct this company by the new route from Pit 
Ri,.er, opened the previous autumn by the Oregon gold-seekers. .At the 
crossing of a stream flowing from the Sierra, one of the party named Brown 
shot himself through the arm by accident, and the limh wa
 amputated by 
two surgeons of an emigrant company. This incident detained Palmer in the 
mountains several weeks at a cabin supposed to ha\Te been built by some of 
Lassen's party the year before. A son of Gen. 'Vilson and three men re- 
mained with him until the snow and ice made it dangerous getting down to 
the Sacramento Valley, when Brown was left with his attendants and Palmer 
,vent home to Oregon by sea. The unlucky invalid, long familiarly known as 
'one-armed Brown,' has for many years resided in Oregon, and has l,ecn con- 
nected with the Indian department and other branches of the public service. 
Palmer's JVagon Train, .MS" 43-8. 
40 This is what Steele says, and also that one of them who deserted, named 
Riley, was hanged in San Francisco. Rifle Reyiment, MS., 7. 



84 


LANE'S AD)IINISTRATION. 


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

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


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



V ANCO'GVER AND STEILACOO
r. 


85 


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


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



86 


LAKE'S AD
1INISTRATION. 


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


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



DESERTION OF TROOPS. 


87 


the safety of troops and stores ,vhich must usual1y 
be transported by sea requiring these guides to navi- 
gation. He reco1111nended the survey of a railroad to 
the Pacific, or at least of a ,vagon-road, and that it 
should cross the Rocky l\Iountains about latitude 38 0 , 
deflect to the Humboldt Valley, and follo,v that direc- 
tion until it should send off a branch to Oregon by 
,yay of the Willan1ette Valley, and another by ,vay of 
the Sacramen to Valley to the bay of San Francisco. 47 
Before the plans of General Smith for the distribu- 
tion of troops could be carried out, one hundred and 
t\venty of the riflemen deserted in a body, with the 
intention of going to the n1ines in California. Gov- 
ernor Lane imlllediately issued a proclalIlation for- 
bidding the citizens to harbor or in any ,yay assist the 
runa\vays, ,vhich caused nluch uneasiness, as it v,Tas 
said the people along their route ,vere placed in a 
serious dilemlDa, for if they did not sell thell1 provi- 
sions they would be robbed, and if they did, they 
,yould be punished. The deserters, ho\vever, having 
organized ,vith a full cOlllplement of officers, travelled 
faster than the proclalnation, and conducted then1- 
selves in so discreet a nlanner as to escape suspicion, 
irnposing themselves upon the farmers as a conlpany 
sent out on an expedition by the governn1ent, getting 
beef cattle on credit, and receiving ,villing aid illsteàd 
of having to resort to force.
 


'7 Before leaving California Smith had ordered an exploration of the coun- 
try on the southern boundary of Oregon for a practicable emigrant and mili- 
tary road, and also for a railroad pass about that latitude, detailing Captain 
'V. H. 'Varner of the topographical engineers, with an escort of the second 
infantry under Lieutenant-Colonel Casey. They left Sacramento in August, 
and examined the country for several weeks to the east of the head-waters of 
the Sacramento, coming upon a pass in the Sierra Nevada with an elevation 
of not more than 38 feet to the mile. 'Varner explored the country east and 
north of Goose Lake, but in returning through the mountains by another 
route was killed by the Indians before completing his work. His name 
was gÏ\ren to a mountain range from this circumstance. Francis Bercier, the 
guide, and George Cave were also killed. Lieut. R. S. 'Villiamson of the 
expellition made a report in favor of the Pit River route. See 31st Cong., 1st 
Sess., SCll. Doc. 2, 17-22, 47. 
43Stf'ele's Rifle Regiment, l\lS., 7; Brackett's U. S. Cavalry, 127; Or. Spec- 
tat07', ,May 2, 18.30. 



88 


LANE'S AD
IINISTRATION. 


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


49 01'. Spectator, April 18, 18.30- 
f,O See case of John Curtin VB. James S, Hathaway, Pratt, Justice, in Or. 
Spectcttor, April 18, 18.30. 
51 Ingalls remarked concerning this purchase: 'I do not believe that any 
of them had the slightest right to a foot of the soil, consequently no right to 
have erected improvements there.' \Vhether he meant to say that no one 



GOVERN
IENT RESERV ATIONS. 


89 


Here the troops had a free and easy life., seeing 
111uch of the gold hunters as they \yent and caIne in 
the nunlerous vessels trading bet\veen San Fran- 
cisco and the Columbia River, and nluch too of the 
nlost degraded population in Oregon, both Indian and 
\vhite. A more ill-selected point for troops, even for 
artillery, could not have been hit upon, except in the 
event of an invasion by a foreign po\ver, in \vhich case 
they \vere still too far inside the capes to prevent the 
enemy's vesself:; from entering the river. They \vere 
so far from the real enerny dreaded by the people it 
\vas intended they should defend-the interior tribes 
of Indians-that much time and lTIOney ,,,"auld be 
required to bring theln where they could be of service 
in case of an outbreak, and after t\VO years the place 
was abandoned. 
The lllounted riflemen, being transferred to Van- 
couver, \vhither the citizens of the Willalnette sa\v 
thenl depart ,vith a deep sense of satisfaction,52 cele- 
brated their removal by burning their old quarters. 53 
At their ne\v station they were employed in building 
barracks on the ground afterward adopted as a n1Ïli- 
tary reservation by the governnlent. 
The first reservation declared \vas that of J\filler 
Island, lying in the Colulnbia 54 about five nliles above 
Vancouver. It contained about four square miles, and.. 
\vas useù for haynlaking and grazing purposes, in con- 
nection \vith the post at that place. This reserve \vas 
nlade in February 1850. No reservation ,vas declared 


had a- right to build houses in Oregon except military officers, or that the 
ground belonged to the Hudson's Bay Company, I am unable to determine 
from the record. See 3Jd C01lg., 2d 8(>"'8" If. E.7J. Doc. 1, i. pt. ii. 123. 
52 Says the Spectator, Kov. 1, 1849, 'the aboun(ling drunkenness in our 
streets is something new under the sun,' and suggests that the officers <1.0 
something to abate the e\-il. But the officers were sell 10m sober themseh'es, 
Hathaway even attempting suici<1.e while suffering from mania a potu. Ill., 
April 18, 18.30. 
53l,
tron[J'8 Ilist. 01'., 
IS., 3. 
M 
I ueh trouble had been experienced in procuring grain for the horses of the 
mounted troops; only fi,OOO bushels of oats being obtainahle, andl 00 tOllS of hay, 
owing to the neglect of farming this year. It was only by putting the sol- 
diers to haymaking on the lowlands of the Columbia that the stock of the 
regiment was proviùeù for; hence, no ùoubt, the reservation of 
liller Islanù. 



90 


LANE'S AD
IINISTRATION. 


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


55 Or. Spectator, Oct. 31, 1850; 32d Oong., 2d Bess., H. Ex. Doc. 1, pt. 
ii. 124. 
f>6Short had shot and killed Dr D. Gardner, an(l a Hawaiian in his service, 
for trespass, in the spring of 18.30. He was examined and acquitted, of an of 
which Colonel Loring must have heen aware. Or. Spectator, April 18, 18.30; 
[d., 
Iay 2, 1830. He was himself regarùed as a trespasser by the fur com- 
pany. U. S. Ev. IIudson's Bay Oompany Claims, 90. 



AT THE DALLES. 


91 


The probate court of Clarke county made an appli- 
cation for an injunction against Loring and Ingalls at 
the first tern1 of the United States district court held 
at Vancouver, beginning the 29th of October 1850, to 
stop the further erection of buildings for 111ílitary pur- 
poses on land that ,vas clainled as the county seat. 
The attorney for the United States denied that the 
legislative assembly had the po\ver to give lands for 
county seats, did the territorial act perlnit it, or that 
the land could be taken before it was surveyed; and 
declared that the premises \vere reserved by order of 
the \var departn1cnt, which none might gainsay. 57 
The court sustained the opinion. At a later period a 
legal contest arose bet\veen the heirs of A. l\f. Short 
and the Catholic n1Ïssionaries. The n-:wlitary reserva- 
tion, ho\vever, of one mile square, rell1ains to-day the 
same as in 1853. 


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


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



92 


Lfu.
E'S AD
I:rnISTRATION. 


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



INDIAN AGEKT. 


93 


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


60 The principal mm"ers in this demonstration were: :Matthew P. Deady, J. 
:McBride, A. S. 'Vatt, J. 'Vallin
, A, J. Hembree, S.11. Gilmore, and N. 
I. 
Creighton. (}J.. Spectator, :March 7, 1830. 
61 It is told to me by the person in whose interest it was done, that Lane, 
while governor, permitted himself to be chosen arbitrator in a land-jumping 
case, and rode a long distance in the rain, ha,'ing to cross swollen streams on 
horseback, to help a woman whose husband was absent in the mines to resist 
the attempt of an unprincipled tenant to hold the claim of her hushand. His 
influence was sufficient with the jury to get the obnoxious tenant removeù. 



94, 


LANE'S AD::\IINISTRATION. 


exhausted to the shore, ,vhere the Chinooks murdered 
hiln. J ones, of the rifles, ,vho ,vas at Astoria ,vith 
a slnall company, hearing of it ,vrote to the governor 
and his colonel, saying that if he had men enough 
he ,vould take the lnatter in hand at once; but that 
the Indians ,vere excited over the arrest of one of 
the murderers, and he feared to make lnatters ,vorse 
by attempting ,vithout a sufficient force to apprehend 
all the guilty Indians. On receiving the inforn1ation, 
Secretary Pritchett called for aid on Hatha\vay, ,vho 
sent a conlpany to Astoria to make the arrest of all 
persons suspected of being concerned in the murder; 62 
but by this tin1e the crinlÎnals had escaped. 
Negotiations had been in progress ever since the 
arrival of I
ane for the voluntary delivery of the guilty 
Cayuses by their tribe, it being shown theln that the 
only means by ,vhich peace and friendship could ever 
Le restored to their people, or they be pernlÍtted to 
occupy their lands and treat ,vith the United States 
governlnent, was the delivery of the Whitlnan n1ur- 
derers to the authorities of Oregon for trial. 63 At 
length ,vord \vas received that the guilty 111enlbers of 
the tribe, ,vho ,vere not already dead, \vould be sur- 
rendered at The Danes. Lane went in person to 
receive them, escorted by Lieutenant Addison ,vith a 
guard of ten men. Five of the lnurderers, Tiloukaikt, 
Tamahas, Klokamas, Isaiachalakis, and Kialnasulnp- 
kin, ,vere found to Le there \vith others of their people. 
They consented to go to Oregon City to be tried, offer- 
ing fifty horses "for their successful defence. 64 
The journey of the prisoners, ,vho took leave of 
their friends \vith marked ernotion, ,vas not ,vithout 
interest to their escort, who, anxious to understand the 


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



THE CAYUSE MURDERERS. 


'"95 


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



96 


L.AJ.
E'S ADl\lINISTRATION. 


a terrible alternative, did not make a moral hero, or 
present an example equivalent to the average chris- 
tian self-sacrifice? 
The trial was set for the 22d of May. The pris- 
oners in the meantime were confined on Abernethy 
island, in the midst of the falls, the bridge connect- 
ing it \vith the mainland being guarded by Lieutenant 
L3,ne, of the rifles, who was assigned to that duty. 6:> 
The prosecution was conducted by An10ry Holbrook, 
district attorney, who had arrived in the territory 
in March previous, and the defense by Secretary 
Pritchett, R. B. Reynolds, of Tennessee, paynlastcr 
of the rifle regiment, and Captain Claiborne, a]so 
of the rifle, WhOlll Judge Pratt assigned to this duty. 
On arraignnlent, the defendants, through Knitzing 
Pritchett, secretary of the territory, one of their 
counsel, entered a special plea to the jurisdiction of 
the court, alleging that at the date of the Inassacre 
the la\vs of the United States had not been extended 
over Oregon. The ruling of the court ,vas that the 
act of congress, June- 30, 1834, regulating trade and 
intercourse with the Indian tribes and to preserve 
peace on the frontiers., having declared all the terri- 
tory of the United States ,vest of the Mississippi and 
not within any state, fo be within the Indian country; 
and the treaty of June 15, 1846, ,vith Great Britain 
having settled that, all of Oregon south of the 49th 
parallel belonged exclusively to the United States, it 
follo\ved that offenses c0111n1itted therein, after such 
treaty, against the la\vs of the United States, ,vere tri- 
able and punishablé in the proper United States courts 
irrespective of the date of their establishlnent. Tho 
indictment stated facts sufficient to sho\v that a crime 
had been committed under the la\vs in force at the 
place of its conln1Îssion, and therefore the s1.lbsequerlt 
creation of a court in \vhich a determination of the 
question of the defendant's guilt or innocence could 


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



THE TRIAL. 


!)7 


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


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



98 


LANE'S ADMImSTRATION. 


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



EXECUTION. 


!)!) 


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


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



100 


LANE'S AD:J\fIKISTRATION. 


treaty with the Rogue River people, he went to Cal- 
ifornia and busied himself with gold mining until the 
spring of 1851, when his friends and admirers recalled 
him to Oregon to run for delegate to congress. About 
the time of his return the rifle regiment departed to 
return by sea to Jefferson barracks, near St Louis, 
having been reduced to a mere remnant by deser- 
tions,72 and never having rendered any service of im- 
portance to the territory. 


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



CHAPTER IV. 


A DELEGATE TO CONGRESS. 
1849-1850. 


THE EARLY JUDICIARy-IsLAND MILLS-ARRIVAL OF WILLIAM STRONG- 
OPPOSITION TO THE HUDSON'S BAY COMPANy-ARREST OF BRITISH SHIP 
CAPTAINS-GEORGE GIBBS-THE' ALBION' AFFAIR-SAMUEL R. THURS- 
TON CHOSEN DELEGATE TO CONGRESS-HIS LIFE AND CHAR'\.CTER-PRO- 
CEEDS TO 'V ASHINGTON -1fIsREPRESE
TATIONS AND U NPRI
CIPLED 

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


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


1 O. C. Pratt was born April 24, 1819, in Ontario County, New York. I-Ie 
t:ntered 'Vest Point, in the class of 1837, and took two years of the course. 
His stand during this time was good, but he did not find technical military 
training congenial to his tastes, excepting the higher mathematics, and he 
obtained the consent of his parents to resign his cadetship, in order to com- 
plete his study of law, to which he had devoted two years prcvious to crrte:'- 
ing the :Military Academy. He I)3.ssed his examination before the supreme 
court of New York in 1840, and wa::J admitted to the bar. During this )"car 
he took an active part in the prcsidential campaign as au advocate of the 
election of :Martin Van Buren. In 1843 he movell to Galena, Illinois, ant! 
established himself as an attorney at law. In 1844 he entercd hC:lrtily into 
politics, as a friend of Polk, and attracted attentio
l by his coge:1t discussion 
of the issucs then uppermost, the annexation of Texas, and the Oregon qlle3- 
tiùn. In 1847 he was a mem.ber of the convention to make the first revi;:;ion 
( 101 ) 



102 


A DELEGATE TO CO
GRESS. 


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


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



DECADENCE OF THE FUR COMPANY. 


103 


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


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


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

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



104 


A DELEGATE TO CONGRESS. 


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


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



A DISREPUTABLE AFFAIR. 


105 


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


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



106 


A DELEGATE TO CONGRESS. 


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


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



THE REVENUE LA'VS. 


107 


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


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



108 


A DELEGATE TO CONGRESS. 


taining him. The seizure cost the governnlent t,venty 
thousand dollars, and caused much ill-feeling. This 
,vas after the appointrnent of a collector for Puget 
Sound in 1851, \vhose construction of the revenue 
law's ,vas even more strict than that of other Oregon 
officials. 15 


Thus we see that the position of the Hudson's Bay 
Company in Oregon after the passage of the act 
establishing the territory ,vas over increasingly pre- 
carious and disa.greeable. The treaty of 1846 had 
proven altogether insufficient to protect the assunled 
rights of the conlpany, and ,vas liable to different 
interpretations even by the ablest jurists. The C0111- 
pany clainled thëir lands in the nature of a grant, and 
as actually alienated to the British government. 
Before the passage of the territorial act, they had 
taken ,varning by the ,yell kno,vn tenlper of the 
Anlerican occupants of Oregon toward thenl, and had 
offered their rights for sale to the governUlent at one 
nlillion of dollars; using, as I have previously inti- 
nlated, the ,veIl kno\vn democratic editor and politician, 
George N. Sanders, as their agent in \Vashington. 
As early as January 1848 Sir George Simpson 
addressed a confidential letter to Sanders, 'VllOlll he 
had previously met in l\IontreaJ, in ,vhich he defined 
his vie\v of the rights confirmed by the treaty, as the 
right to "cultivate the soil, to cut do\vn and export 
the tinlber, to carryon the fisheries, to trade for furs 
,vith the natives, and all other rights ,ve enjoyed at 
the tinle of franling the treaty." As to the free navi- 
gation of the Colunlbia, he held that this right like 
the others ,vas salable and transferable. " Our 
possessions," he said, "elnbrace the very best situa- 
tions in the 'v hole country for offensive and Jefensive 
operations, to\vns and villages." These ,vere all in- 


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



PROPOSALS OF SALE. 


109 


cluded in tIle offer of sale, as well as the lands of the 
Puget Sound Agricultural Company, together \vith 
their flocks and herds; the reason urged for making 
the offer being that the company in England \vere 
apprehensive that their possession of the country 
11light lead to "endless disputes, ,yhich might be pro- 
ductive of difficulties bet\yeen the t\VO nations," to 
a yoid \v hich they were willing to Inake a sacrifice, and 
to ,yithdraw within the territory north of 49. 016 
Sanders laid this proposition before Secretary 
Buchanan in July, and a correspondence ensued 
bet,veen the officers and agents of the Hudson's Bay 
Company and the nlinisters of both governments, in 
the course of which it transpired that the United 
States government on learning the construction put 
upon the company's right to transfer the navigation 
of the Columbia, ,vas dissatisfied ,vith the ternlS of 
the treaty and wished to make a ne,v one in which 
this right ,vas surrendered, but that Great Britain 
declined to relinquish the right \vithout a considera- 
tion. "Her J\fajesty's government," said Addington, 
"have no proposal to make, they being quite content 
to leave things as they are." 
The operation of the revenue la\vs, however, ,vhich 
had not been anticipated by the British companies or 
governlnent, considerably lnodified their tone as to 
the importance of their right of navigation on the 
Columbia, and their privileges generally. Instead of 
being in a position to dictate ternls, they \vere at the 
nlercy of the United States, which could ,yell afford 
to alIo,v them to navigate Oregon waters so long as 
they paid duties. Under this pressure, in the spring 
of 1849, a contract was drawn up conveying the 
rights of the company under their charter and the 
treaty, and appertaining to forts Disappointlnent, 
George, Vancouver, U mpqua, Walla 'Valla, Boisé, 
Okanagan, Colville, Kootenai, Flat Head, Nisqually, 
Cnwlitz, and all other posts belonging to said com.. 
1131st Cong., 2d Bess., Sen. Doc. 20, 4-5. 



110 


A DELEGATE TO CONGRESS. 


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



ABANDON
lENT OF POSTS. 


III 


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


11 32d Cona., 1st Sess., H. Ex. Doc. 2, pt. iii. 473-4. 
IS Robcrts, who was a stockholder in the Puget Sound Company, took 
charge of the Cowlitz farm in 1846. :Matters went on very well for two years. 
Then. came the gold excitement and demoralization of the company's senTalits 
consequent upon it, and the expectation of a donation land law. He left the 
farm which he found it impossible to carryon, and took up a land claim as a 
settler outside its limits, becoming a naturalized citizen of the Cnited States. 
But pioneer farming was not either agreeable or profitable to him, and was 
besides interrupted by an Indian war, when he became clerk to the quartcr- 
master general. 'Vhen the Frazer River mining excitement came on he 
thought he might possibly make something at the Cowlitz by raising proyis- 
ions. But when his hay was cut and put up in cocks it was taken away by 
armed men who had squatted on the land; and when the case came into 
court the jury decided that they knew nothing about treaties, but did under- 
stand the rights of American citizens under the land law. Then folIo-wed 
arson and other troubles with the squatters, who took away his crops year 
after year. The lawyers to whom he appealed could do nothing for him, and 
it was only by the interference of other people who became ashamed of seeing 
a goo(l man persecuted in this manner, that the squatters on the Cowlitz 
farm were 1inally compelled to desist from these acts, and Roherts was left in 
peace until the 'Vashington delegate, Garfielù, secured patents for his clients 
the squatters, and Roberts was evicted. There certainly should ha\'e bcen 
somc way of preycnting outrages of this kind, and the goycrnment should 
ha,'e secn to it that its treaties were respected by the people. But the peo- 
ple's representatives, to win favor with their constituents, pprsistE.ntly helped 
to instigate a feeling of opposition to the claims of the British companies, or 
to create a. doubt of their validity. See Robert
;' Recollections, 
1S., 73. 
19 The Puget Sound Company paid in one year $7,000 in taxes. They were 
astute enough, says Roberts, not to refuse, as the records couìd be used to 
show the value of their property. Rpcol[ection.o;, :MS., 91. 
20 A. C. Gibbs, in U. S. Ev. II. B. C. Cluims, 29; JV. ']'. Tolmie, Id., 104; 
JV. JV. Ohapman, Id., 11. 



112 


A DELEGATE TO CONGRESS. 


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



THE FINAL ISSUE. 


113 


have clearly sho,vn in the IIisto1"Y of tlLe North1L'est 
Coast, 'v hether on the ground of inherent rights, 
or rights of discovery or occupation, there ,vas littl
 
to choolSe bct\veen the t,vo nations. The people of 
OrcO'on further held that the convention of 1818 
ð 
conferred no title, in ,vhich they ,vere correct. They 
held that the I-Iudson's Bay Company, under its 
charter, could acquire no title to land-only to the 
occupancy of it for a limited tilDe; in which position 
they ,vere undoubtedly right. They denied that the 
Puget Sound Con1pany, ,vhich derived its existence 
fronl the Hudson's Bay COlnpany, could have any title 
to land, ,vhich ,yås evident. They ,vere quick to per- 
ceive the intentions of the parent COITlpany in laying 
c]aiUl to large bodies of land on the north side of the 
Colurnbia., and covering thenl ",
ith settlers and herds. 
They had no thought that w"hen the boundary ,vas 
sottled these clainls ,vould be respected, and felt that 
not only they but the governnlent had been cheated- 
the latter through its ignorance of the actual facts in 
the case. So far I cannot fail to sympathize with 
their sO
lnd sense and patriotisn1. 
But I find also that they forgot to be just, and to 
realize that British subjects on the north side of the 
Columbia ,vere disappointed at the settlement of the 
bounùary on the 49th parallel; that they naturally 
sought indemnity for the distraction it would be to 
their business to move their property out of the 
territory, the cost of building ne\v forts, opening ne\v 
farms, and laying out ne,v roads. But above all they 
forgot that as good citizens they 'v ere bound to re- 
spect the engagements entered into by the govern- 
ment ,vhether or not they approved them; and \vhile 
they were using doubtful means to force the British 
companies out of Oregon, \vere guilty of ingratitude 
both to the corporation and individuals. 
The issue on which the first delegate to congress 
elected in Oregon, Samuel R. Thurston, received his 
HIS:!:. OB.. VOL. II. 8 



114 


A DELEGATE TO CONGRESS. 


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

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


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



CHARACTERISTICS OF THURSTO:N. 


115 


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


2-1 'I have heard an old settler give an account of a discussion in Polk 
county between Nesmith and Thurston during the canvass for the election of 
delegate to congress. He said :Nesmith had been accustomed to brow- 
beat every man that came about him, and drive him off either by ridicule or 
fear. In both these capacities Nesmith was a strong man, and they all 
thought Nesmith had the field. But when Thurston got up they were 
astonished at his eloquence, and particularly at his bold manner. My inform- 
ant says that at one stage Nesmith jumped up and began to move toward 
Thurston; and Thurston pointed his finger straight at him, after putting it 
on his siùe, aud said: "Don't you take anothcr step, or a button-hole will be 
seen through you," and Nesmith stopped. But the discussion proved that 
Thurston was a full match for any man in the practices in which his antago- 
nist was distinguish cd, and the result was that Thurston carried the election 
by a large majority.' Grover's Pub. Life, 1\18., 96-7. 
25 , He was a man of such impulsive, harsh traits, that he would often carry 
college feuùs to extremities. I have known him to get so excited in recount- 
ing some of his struggles, that he would take a chair anù smash it all to pieces 
over the table, evidently to exhaust the extra amount of vitality.' ld., 94. 



116 


A DELEGATE TO CONGRESS. 


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


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



IGNOBLE :MEASURES. 


117 


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


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



118 


A DELEGATE TO CONGRESS. 


It ,vas chiefly suggested by l\Ir Thurston, and was 
passed April 22d ,vithout opposition. Having se- 
cured this llleaSUre, as he believed, he next Lrought 
up the topics ell1 braced in the last menlorial on which 
he expected to found his advocacy of a donation la\v, 
and enlbodied the1l1 in another series of resolutions, 
so artfully dra,vn Up32 as to con1pel the c01l1mittee to 
take that vie,v of the subject most likely to promote 
the success of the ll1easure. Not that there was 
reason to fear serious opposition to a law donating a 
liLeral amount of land to Oregon settlers. It had for 
years been tacitly agreed to by every congress, and 
could only fail on SOllle technicality. But to get up a 
syn1pathetic feeling for such a bill, to secure to Ore- 
gon all and n10re than \vas asked for through that 
feeling, and to thereby so deserve the approval of the 
Oregon people as to be reëlected to congress, was the 
desire of Thurston's active and ardent Inind. And 
to\vard this ainl he \vorked \vith a persistency that 
,yas admirable, though SOlne of the Illeans resorted to, 
to bring it about, and to retain the favor of the party 
that elected hin1, ,vere as unsuccessful as they were 
reprehensible. 
Jj-'rom the first day of his labors at \Vashington this 
relentless demagogue acted in ceaseless and open hos- 
tility to every interest of the Hud
on's Bay Conlpany 
in Oregon, and to every individual in any way con- 
nected with it. 33 
Thurston, like Thornton, claimed to have been the 
author of the donation land la\v. I have sho\vn in a 


32 COr/V. Globe, 184-9-50, 413; Or. Statesman, :May 9, 1851. 
33 Here is a sample of the ignorance or mendacity of the man, whichever 
you will. A circular issued by Thurston while in \Vashington to save letter- 
writing, says, speaking of the country in which Vancou,-er is located: 'It 
was formerly called. Clarke county; but at a time ,,,,hen British sway was ill 
its palmy days in Oregon, the county was changed. from Clarke to Vancouver, 
ill honor of the celebrateù navigator, anù no less celeblated. slanùerer of our 
government and people. Now that American influence rules in Oregon, it is 
due to the harùy, wayworn American explorer to rcalter the name of this 
county, and grace it again with the name of him whose history is interwoven 
with that of Oregon. So our legislature thought, and so I have 110 doubt 
they spoke and acted. at their recent session,' Johm;on's Cal. and Or., 2G7. 
It was certainly peculiar to hear this intdligent legislator talk of counties 



THE DONATION LAND BILL. 


119 


previous chapter that a bill creating the office of sur- 
veyor-general in Oregon, and to grant donation rights 
to settlers, and for other purposes, \vas before congress 
in both houses in January 1848, and that it failed 
through lack of tilue, having to a\vait the territorial 
Lill \vhich passed at the last n10nlent. Having been 
cro\vded out, and other affairs pressing at the next 
session, the only trace of it in the proceedings of con- 
gress is a resolution by Collaluer, of Verillont, on the 
25th of January 1849, that it should be 111ade the 
special order of the house for the first Tuesday of 
February, \vhen, however, it appears to have been 
forgotten; and it \vas not until the 22d of April 1850 
that 
Ir Fitch, chairn1an of the cOl11lnittee on territo- 
ries, again reporteJ a bill on this subject. That the 
bill brought up at this session ,vas but a copy of the 
previous OIle is according to usage; but that. Thurston 
had been at \vork \vith the comnlÎttee SOllle peculiar 
features of the bill sho\v. 34 
There ,vas tact and diplomacy in Thurston's char- 
acter, \v hich he displayed in his short congressional 


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

I:::;., of Thornton. 



120 


A DELEGATE TO CONGRESS. 


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


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



THE CHIEF OF LIARS. 


]21 


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


36 The assertion contained in this paragraph that the word C settler' was 
altered to 'citizen' in the memorial was also untrue. I haye a copy of the 
memorial signed by the chief cherk of both the house and council, and in- 
scril>ed, 'Passell July 26, 1849,' in which congress is asked to make a grant of 
640 acres of land' to each actual settler, including widows and orphans.' Or. 
Arcltil'e8, .:\IS" 177. 
37 Bryant was then in Washington to assist in the missionary scheme, of 
which, as the assignees of Abernethy, both he anù Lane were abettors. 
38 Thurston also knew this to be untrue. 'Villiam J. Berry, writing in 
the Spectator, Dee, 26, 1830, says: 'Now, I assert that 
Ir Thurston knew, 
previous to the election, that Dr 
IcLoughlin had filed his intentions. I 
heard him say, in a stump speech at the City Hotel, that he exp'ected his (the 
doctor's) vote. At the election I happened to be one of the judges. Dr 
:McLonghlin came up to vote; the question was asked by myself, if he had 
filed his intentions. The clerk of the court, George L. Curry, Esq., who was 
standing near the window, saiù that he had. He voted, ' Says )IcLoughlin: 
'I declared my intention to become an American citizcn on the 30th of .May, 
184U, as anyone may see who will examine the recorùs of the court.' 01". 
Sj)(('{ator, Sept. 12, 1830. 'Valùo, testifies: 'Thurston licd on the doctor. 
He diel it because the doctor woulù not vote for him. He lied in congress, 
and got others to write lies from herc about him-mcn who knew nothing 
about it. They falsitìed about the old doctor cheating the people, setting tbe 
Indians 011 them, anù treating them badly.' Critique.
, 
l
., ]3. Says Apple- 
gate: 'Thurston asserted among many other falsehoods, that the doctor utterly 
refused to become an American citizen, and Judge Bryant endorsed the asser- 
tion.' JIistorical Correspondence, l\1
., 14. Says Grover: 'The old doctor 
was looking to becoming a leading American citizen until this difficulty oc- 
curretl in regard to his land. He had taken out naturalization papers. All 
his lifc from young manhooù had been spcnt in the llorth-'.vestj and he was 
not going to leave the country.' Public Life in Or., I\1S., 91. 



122 


A DELEGATE TO CONGRESS. 


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



OVERREACHED HI:\1SELF. 


123 


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


he had told Johnson, California and Oregon, which see, page 2.32, exactly 
the contrary. See Or. Spectator, Sept. 12th, and compare with the following: 
There were 38 mills in Oregon at the taking of the census of 1830, and a fair 
IJroportion of them ground wheat. They were scattered through all the 
counties from the sound to the head of the \Villamette Valley. Or. Sfafe8mcw, 
April 23, 1831; and with this: 'The census of 1849 showed a population of 
oyer 9,000, about 2,000 being absent in the mines. The census of 1830 
showed m"er 13,000, without counting the large immigration of that year or 
the few settlers in the most southern part of Oregon.' 01'. Statesman, April 
lOth and 23, 1831. 
H COllg, UlI,be, 1849-50, 1853. 
f2 t;ays Applegate: lIt must have excited a kind of fiendish merriment in 
the hearts of ]
ryallt and Thurston; for notwithstanding their assertions to 
the contrary, both well knew that the doctor by renouncing his allegiance to 
Great Britain had forfeited all claims as a British subject.' lIistorical Cor- 
'j'cðpolldence, :!\IS., 15. 



124 


A DELEGATE TO COXGRESS. 


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


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



:h1cLOUGHLIN'S REPLY. 


125 


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


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



126 


A DELEGATE TO CONGRESS. 


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


thought I could not at the time bring the case to a satisfactory decision. I 
therefore deferred bringing the case to a time when the bench would be full. . . 
Can the people of Oregon City bclieyc that 
Ir Thurston did not know, some 
months before he left this, that 
lr Abcrnethy had sold his rights, whate\"er 
thcy were, to Judge Bryant, and therefore })roposing to congress to donate 
this island to l\lr Abernethy, his heirs and assigns, was in fact, proposing to 
donate it to Judge Bryant, his heirs and assigns.' Or. Spectat01., 
ept. 12, 
1850. 



OREGON CITY CLAI
i. 


127 


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



]28 


A DELEGATE TO CONGRESS. 


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

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


unsuccessful agent of the leading missionaries in an effort to take away the claim 
of :L\lcLoughlin, it might be difficult to understand how he could appear in the 
role of the doctor's defender. But ever since the failure of that secret mission 
there had been a coolness between Abernethy and his private delegate, who, 
now that he had been superseded by a bolder and more fortunate though no 
less unscrupulous man, had publicly espoused the cause of the victim of all 
this plotting, who still, it was supposed, had means enough left to pay for the 
legal ad vice he was likely to need, if ever he was extricate(l from the anomalous 
position in to which he would be thrown by the passage of the Oregon land bill. 
His affectation of proper sentiment imposed upon :McLoughlin, who gave him 
employment for a considerable time. As late as 1870, howe\Ter, this doughty 
defender of the just, on the appearance in print of 
lrs Victor's Bir("/" of the 
JVe
t, in which the author gÜ-es a brief statement of the Oregon City claim 
case, having occasion at that time to court the patronage of the :Methodist 
church, made a violent attack through its organ, the Pacific Uh7'istian Advo- 
cate, upon the author of that book for taking the same view of the case which 
is announced in the resolution published under his own name in the Spe('tat07' 
of September 26, 1850. But not having ever been able to regain in the church 
a standing which could be made profitable, and finding that history would 
vindicate the right, he has made a request in his autobiography that the fact 
of his havin? been 1\IcLoughlin's attorney should be mentioned, 'in justice to 
the doctor! It will be left for posterity to judge whether Thornton or 

1cLoughlin was honored by the association. 
49 'Villiam Shaw, a member of the committee framing these resolutions, 
says, in his Pioneer Life, .MS., 14-15: 'I carne here, to Oregon City, and 
spent what money I had for flour, coffee, and one thing and another; and I 
went back to the Hudson's Bay Company and bought 1,000 pounds of flour 
from Douglass. I was to pay him for it after I came into the Valley. He 
trusted me for it, although he had never seen me before. I took it up to the 
Dalles and distributed it among the emigrants.' Y{. C. Rector has, in later 
years, declared that .McLoughlin was the father of Oregon. l\lcLoughlin little 
understood the manner in which public sentiment is manufactured for party 
or even for individual purroses, when he exclaimed indignantly: 'No man 
coul(l be found to assert' that he had done the things alleged. 
50 Udell's Bio!J. of ThuT;;ton, 
1
., 26. 



UPHOLDING THE 'VRONG. 


129 


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


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



130 


A DELEGATE TO CONGRESS. 


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


52 Address to the Electors, 12. 
53 :McLoughlin died September 3, 1857, aged 73 years. He was buried in 
the enclosure of the Catholic church at Oregon City; and on his tombstone, a 
plain slab, is engraved the legend: 'The Pioneer and Friend of Oregon; also 
The Founder of this City.' He laid his case before congress in a memorial, 
with all the evidence, but in ,'ain. Lane, who was thcn in that body as a 
delegate from Oregon, and who was personally interested in defeating tbe 
memorial, succeeded in doing so by asscrtions as unfounded as those of 
Thurston. This blunt old soldier, the pride of the people, the brave killer of 
India
s, turned demagogue could deceive and eheat with the best of them. 
See Congo Globe, 1853-4, 1080-82, and Letter of D1 4 i11 cLouyhlin, in Portland 
Ore!lonirtrz, July 22, I 85t1:. Toward the el
se of his life McLo1J.ghlin yielded 
to the tortures of disease and ingratitude, and betrayed, as he had never done 
before, the unhappiness his enemies had brought upon him. Shortly before 
his death he said to Grover, then a young man: '1 shall live but a little while 
longer; an
l this is the reason that 1 sent for you. 1 am an old m;:m and just 
dying, and you are a young man and will live many years in this country. 
As for me, 1 might bettcr have been shot'-and hc hrought it out harshly- 
'like a bull; 1 might better have becn shot forty years ago!' After a silence, 
for 1 did not say anything, he concluded, 'than to bave lived here, and tried 
to build up a family and an estate in this government. 1 became a citizen of 
the United States in good faith. 1 planted all I had here, and the govern- 



DEATH OF :M:cLOUGHLIN. 


131 


"\Vhen the legislative asselnbly met in the autumn 
of 1850 it COIIlplied \vith the suggestion of Thurston, 
so far as to confirm the lots purchased since l\farch 
1849 to their o,vners, by passing an act for that pur- . 
pose, certain 111en1bers of the council protesting.
4 This 
act ,vas of sonle slight benefit to l\IcLoughlin, as it 
stopped the demand upon hin1, by people ,vho had 
purchased property, to have their lnoney returned. 55 
Further than this they refused to go, not having a 
clear idea of their duty in the luatter. They neither 
accepted the gift nor returned it to its proper owner, 
and it 'vas not until 1852, after l\IcLoughlin had com- 
pleted his naturalization, that the legislature passed 
an act accepting the donation of "his property for the 
purposes of a university.56 Before it ,vas given bac]{ 
to the heirs of l\IcLoughlin, that political party to 
,yhich Thurston belonged, and which felt bound to 
justify his acts, had gone out of po\ver in Oregon. 
Sinèe that tin1e n1any persons have, like an arJIlY in 
a ,vilderness building a lllonunlent over a dead COlll- 
rade by casting each a stone upon his grave, placed 
their tribute of praise in Iny hands to be b
ilt into 


ment has confiscated my property. Now what I want to ask of you is, that 
you will give your influence, after I am dead, to have this property go to my 
children. I have earned it, as other settlers have earned theirs, and it ought 
to be mine and my heirs'.' 'I told him,' said Grover, 'I would favor his 
request, and I always did favor it; and the legislature finally surrendered the 
property to his heirs.' Pub. Liff, 
lS., 88-90. 
51 \Vaymire and 
1iller protested, saying that it was not in accordance 
with the object of the donation, and was robbing the university; that the 
asscmbly were only agcnts in trust, and had no right to dispose of the prop- 
erty without a consideration. Or. 8pcctato/
, Feb. 13, 1831. 
5:>' :My father paid back thousanùs of dollars,' says 
lrs Harvey. Life of 
McLoughlin, 1\18., 38. 
56 The legislature of 1852 accepted the donation. In 1853-4 a resolution 
was offered by Orlando Humason thanking 
IcLoughlin for his generous con- 
duct toward the early settlers; but as it was not in very good taste wrongfully 
to keep a man's property while thanking him for previous favors, the reso- 
lution was indefinitely postponed. In 185.J--6 a memorial was drawn up by 
the legislature asking that certain school lands in Oregon City should be 
restored to John l\lcLoughlin, and two townships of land ill lieu thereof 
should be granted to the university. Salem, Or. Statesman, Jan 29th and Feb. 
5, 1856. Nothing was done, however, for the relief of :McLoughlin or his 
heirs until 1862, when the legislature. conveyed to the latter for the sum of 
$1,000 the Oregon City claim; but the long suspension of the title had driven 
money sceking investment away from the place and materially lessened its 
value. 



132 


A DELEGATE TO CONGRESS. 


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


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


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

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

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

IS., 12, 15-16; fd., in Saxon's Or. :iTer., 131-41; C. Lancaster, in Cony. Globe, 
1853-4, 1080, and others already quoted. 
68 U1'. Specta.tor, Dec. 19 and 26, 1850. 
59 'V. 'V. Buck, who was a member of the council, repudiated the idea 
that Oregon was indebted to Thurston for the donation law, which Linn and 
Benton had labored for long before, and asserted that he had found congress 
ready and willing to bestow the long promised bounty. And as to the appro
 
priations obtained, they were no more than other territories east of the moun- 
tains had received. 
60 The several amounts were, $20,000 for public buildings; $20,000 for a 
penitcntiary; $,j3,140 for lighthouses at Cape Disappointment, Cape Flattery, 
and New Dl1ngeness, and for buoys at the mouth of the Cohllnhia River; 
$:23,000 for the purposes of the Indian bill; $24,000 pay for legislature, 
clerks' hire, office rents, etc; $15,000 additional Indian fund; $10,000 de- 
ficiency fund to make up the intended appropriation of 1848, which had 
merely paid the expenses of the messengers, Thornton and l\leek; $]0,000 for 
the pay of the superintendent of Indian affairs, his clerks, office rent, ctc.; 
$10,500, salaries for the governor, secretary, and judges; 
1,500 for taking 



PERSISTENT EFFORT. 


133 



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


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



134 


A DELEGATE TO CONGRESS. 



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


63 Id., Oct. 10, 1850; 31st Cong., 1st Bess., U. S. Acts and Res., 31. 
64 A memorial was received from the Oregon legislature after the passage 
of the bill dated. Dec. 3, 18.30, giving the report of A. E. 'Vait, conunis- 
sioner, stating that he had investigated and allowed 340 claims, amounting in 
all to $87,230.53; anù giving it as his opinion that the entire indebtedncss 
would amount to about $130,000. 31st Cony., Eel Bess., Ben. .lJIisc. Doc. 29, 3-11. 



DECLINE OF INFLUENCE. 


135 


and though slander might seek to destroy him, it 
could not touch the destiny of the territory. 65 
Bet,veen the time of the receipt of the first copy 
of the laud bill and the \vriting of this letter partisan 
feeling had run high in Oregon, and the ne\vspapers 
,vere filled \vith correspondence on the subject. l\Iuch 
of this ne\vspaper writing ,vould have ,vounded the 
delegate deeply, but he \vas spared from seeing it by 
the irregularity and insufficiency of the mail trans- 
portation,66 \vhich brought him no Oregon papers for 
several months. 
It soon became evident, notwithstanding the first 
ilnpulse of the people to stand by thèir delegate, that 
a reartion \vas taking place, and the rnore generous- 
111inded \vere ashamed of the position in \v hich the 
eleventh section of the land bill placed thenl in the 
eyes of the \vorld; that \vith the whole vast territory 
of Oregon wherein to pick and choose they nlust 
needs force an old lTIan of venerable character froul 
his just possessions for the un-American reason that 
he \vas a foreigner born, or had formerly been the 
honored head of a foreign conlpany. It ,vas ,veIl un- 
derstood, too, \vhence canle the direction of this vin- 
dicti ve action, and easily seen that it would operate 
against the real ,velfare of the territory. 
The Inore tilne the people had in \vhich to think 
over the nlatter, the n10re ea
ily \vere they convinced 
that there \vere others \vho could fill Thurston's place 
,vithout lletrinlent to the pub1ic interests. An in- 
formal canvass then began, in \vhich the nanles 67 of 
65 Or, Spectator, April 3, 1851. The appropriations made at the second 
session of the 31st Congress for Oregon wcre for the expenses of the territory 
836,000; for running Lase and meridian lines, $D,Ooo; for surveying in Ore- 
gon, $.jI,840; for a custom-house, $10,000; for a light-house and fog-signal at 
Umpqua River, $15,000; for fog-signals at the light-houses to be erected at 
Disappointment, Flattery, and New Dungeness, $3,000. 
66 'Vriting Jan. 8th, he says: 'SeptemLer is the latest date of a paper I have 
seen. I am uninformed as yet what the cause is, only from what I expe- 
ricnced once Lefore, that the steamer left San Francisco before the arrival 
of, or without taking the Oregon mail.' Or. Spectator, April 10, 18;;0. 
67 'Thcre are many very worthy and meritorious citizens who migrated to 
this country at an early day to choose from. I would mention the names of 
some of the number, leaving the door open, however, to suggestions from 



136 


A DELEGATE TO CONGRESS. 


several well kno\vn citizens and early settlers ,vere 
Inentioned; but public sentin1ent took no form before 
l\Iarch, \v hen the Star, published at Mil\vaukie, pro- 
clainled as its candidate Thurston's opponen in the 
election of 1849, Columbia Lancaster. In the mean 
tinle R. R. Thompson had been corresponding ,vith 
Lane, ,vho ,vas still mining in southern Oregon, and 
had obtained his consent to run if his friends \vished 
it.m
 The Star then put the name of Lane in place of 
that of Lancaster; the SjJectator, no\v nlanaged by 
D. J. Schnebley, and a ne\v delnocratic paper, the 
Oregon Statesrnan, ,vithholding their announcenlents 
of candidates until Thurston, at that nloment on his 
,yay to Oregon, should arrive and satisfy his friends 
of his eligibility. 
But \vhen everything was preparing to realize or to 
give the lie to Thurston's fondest hopes of the future, 
there suddenly interposed that kindest of our enen1ies, 
death, and saved him frotn humiliation. He expired 
on board the steamer California., at sea off Acapulco 
on the 9th of April 1851, at the age of thirty-five 
years. His health had long been delicate, and he had 
not spared himself, so that the heat and discolnfort 
of the voyage through the tropics, with the anxiety of 
111ind attending his political career, sapped the lo,v- 
burning lanlp of life, and its flickering Hatne ,vas ex- 
tinguished. Yet he died not alone or unattended. 
He had in his charge a company of young \VOnlen, 
teachers Wh0l11 Governor Slade of Verlnont ,vas send- 
ing to Oregon,69 who no,v became his tender nurses, 


others, namely, Jesse Applegate, J. 'V. Nesmith, Joel Palmer, Daniel 'Val do, 
Rev. 'Vm Roberts, the venerable Robert Moore, James IVI. 1\loore, Gen. 
Joseph Lane and Gen. Lovejoy, and many others who have recently arrived 
in the country.' Cor. of the Ur, Spectator, 
Jarch 27, 18.31. 
ð't30 r . Spectator, March 6, 1851; Lane's Autobiography, :MS., 57. 
C9 Five young women were sent out l)y the national board of educa- 
tion, at the request of Abernethy and others, under contract to teach two 
years, or refund the money for their passage. They were all soon married, 
as a matter of course-:\liss'Vands to Governor Gaines; :Miss Smith to 
Ir 
Beers; :l\1iss Gray to 
lr :McLeach; Miss Lincoln to Judge Skinner; and 
Iiss 
:l\1illar to Judge 'Vilson. Or. Sketches, .MS., 15; Grover's. Pub. Life in Or., 
ltIS., 100; Or. Spectator, :Marcb 13, 18.31. 



DEATH OF THURSTON. 


137 


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


70 l\Irs E. 1\1. 'Vilson, daughter of Rev. James P. :l\Iillar of Albany, New 
York, who soon followed his daughter to Oregon, gives some notes of Thur- 
ston's last days. ' He was positive enough,' she says, 'to make a vivid im- 
prpssion on my memory. Strikingly good
looking, direct in his speech, with 
a supreme will, used to overcoming obstacles,. ." Just wait 'til I get there," 
he would say, "I will show those fellows !'" Or. Skf'tchGS, .MS" 16. 
71 The legislature in 1833 voted to remove his dust from foreign soil, 
and it was deposited in the cemetery at Salem; and in 1836 a monument 
was erected over it by the same authority. It is a plain shaft of Italian 
marble, 12 feet high. On its eastern face is inscribed: 'Thurston: erected 
by the People of Oregon,' and a fac-simile of the seal of the territory; on the 
north side, name, age, and death; on the south: 'Here rests Oregon's first 
delegate: a man of genius and learning; a lawyer and statesman, his Christian 
virtues equalled by his wide philanthropy, his public acts are his best eulo- 
gium.' Salem Or. Statesman, l\Iay 20, 1836; Odell's Biog. of Thurston, 
IS., 
37; 8. 1
 D. Alta, April 23, 1831. 
72 Thurston made his first high mark in congress by his ipeech on the 
admission of California. See Cong. Globp, 1849-50, app, 343. His remarks 
on the appropriations for Indian affairs were so instructive and inter- 
esting that his amendments were unanimously agreed to. A great many 
members shook him heartily by the hand after he had closed; and be was 
assured that if he had asked for $30,000 after such a speech he would have 
received it. Or. Spectator, Aug. 22, 1830. 'Vith that tendency to see some- 
thing peculiar in a man who has identified himself with the west, the J..V. Y. 
Sun of :March 26, 1830, remarked: 'Coming from the extreme west'-he was 
not hvo years from 
Iaine-'where, it is taken for granted, the people are in 
a more primitive condition than elsewhere under this government, and look- 
ing, as :Mr Thurston does, like a fair specimen of the frontier man, little was 
expected of him in an oratorical way. But he has proved to be one of the 
most effective speakers in tbe hall, which has created no little surprise.' A 
l\Iassachusetts paper also commented in a similar strain: '!\lr Thurston is a 
young man, an eloquent and effC'ctive debater, and a bold and active mall.. 
such as are found only in the west.' 



138 


A DELE<JATE TO CONGRESS. 


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


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



CHAPTER V. 


ADMINISTRATION OF GAINES. 


1830-18.32. 


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


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


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



140 


AD
1IXISTRA TION OF GAIXES. 


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


store-ship Supply, in November 1849, arriving at Ran Francisco in July 1850, 
where they were transferred to the Fa,lmouth. California (}olO'ifj', July 21, 
J8.;0; O'/', Spfctator, Aug, 22, 18.30; StrullY's l/ist. Or., 1\1S., 1, 2, I:j, 
4, The Or. State.çman of .March 28, 18.31, remarks that Gaines came a,round 
Cape Horn in a government vessel, with his family and furniture, arriving at 
Oregon City nine months after his appointment, and drawing salary all the 
time, while Lane being removed, drew no pay, but performcd the labor of his 
office. 
S President Taylor died July 9. 18.30. The intelligence was reccived in 
Oregon on the 1st of September. Friday the 20th was sct for the olJservance 
of religious funeral ceremonies by proclamation of Gaines. Or. Spectator" 
Sept. 5, 1850. 



LEGISLATIVE PROCEEDINGS. 


141 


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


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


6 Lane himself bad a kind of contempt for Gaines, on account of his sur- 
render at Encarnacion. 'He was a prisoner during the remainder of the war,' 
says Lane; which was llot altogether true. Autobiography, :MS., 56-7. 



142 


ADMINISTRATIO
 OF GAINES. 


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


7ll. P. Boise, in an aadress before the pioneer association in 1876, says 
that there were 23 members in the house; but he probably confounds this 
session with that of 18.31-2. The assembly of IR.30-1 provided for the increa
e 
of representatives to twenty-two. See list of Acts in Or. Statesman, J\Iarch 
28, 1831; Gfn. LU'l1)8 Or., 18.30-1, 22.3. 
8 The names of the councilmen and representativ.es are given in the fir
t 
number of the Oregon Statesman. 'V. ,Yo Buck, Samuel T. J\IcKean, Samuel 
Parker, and 'V. B. 
lealey were of the class which held over from 1840. I 
have already given some account of nuck and :l\IcKean. Parker and 
Iealcy 
were both of the immigration of 1845, Parker was a Virginian, a farmer al
d 
carpenter, but a man who interested himself in public affairs. He was a 
good man. J\1ealey was a Pennsylvanian; a farmer and l)hysician. 
Of the newly elected councilmen, James 11cßride has been mentioned as 
one of the immigrants of 1847. 
Richard .Miller of J\larion county was born in Queen Anne's county, l\lary- 
land, in 1800. He came to Oregon in 1847, and was a farmer. 
A. L. Humphrey of Benton county was Lorn in Litchfield, Connecticut, 
in 1796 and emigrated to Oregon in 1847. He was a farmer and merchant. 
Lawrence Hall, a farmer of 'Vashington county, was born in Bourbon 
county, Kentucky, 
1arch 10, 1800, and came to Oregon in 184.3, 
Frederick 'Yaymire, of l}olk county, a millwright, was born in :Montgomery 
county, Ohio, :March 15, 1807. He married Fanny Cochagan, of Indiana, llY 
w horn he had 17 children. He came to Oregon in 1843 and soon lJecame 
known as an energetic, firm, strong, rough man, and an uncompromising 
partisan. 'The old apostle of democracy' and 'watchdog of the treasury' 
were favorite terms used by his frienl1s in deseribing 'Vaymire. He became 
prominent in the politics of the territory, and was much respected for his 
honesty and earnestness, though not always in the right. His home in Polk 
county, on the little river Luckiamute, was called llayden Hall. H<:> lmll 
been brought up a .Methodist, and in the latter part of his life returned to 
his allegiance, having a library well stocked with historical and religious 
works. He <lied in April 28, 1873, honored as a true man and a patriotic 
citizen, hoping with faith that he should live again beyond the grave. R. I>. 
noise, in '1'raus. Or. Piorll'(>r Assoc., 1876, 27-8. His wife survived until 
Oct. 15, 1878, when she <lied in her 60th year. Three only of their chilJren 
arc living. All the members of the council were married men with families, 
except Humphrey who was a widower. 
The members of the house were Ralph 'Vilcox, 'Villiam 
I. King of 
'Vashington county, 'Villiam Shaw, 'Villiam Parker, and nenjamin F. !lard. 
ing of 
lariont the latter elected to fill a vacancy created by the death of E. 




IE:\IBERS OF ASSE
IBLY. 


143 


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



144 


ADMIYISTRATION OF GAINES. 


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

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

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

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

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

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



LOCATION OF THE CAPITAL. 


145 


of infornlation on the progress of the territory toward 
securing its congressional appropriations. The fiyc 
thousand dollars granted in the organic act for erect- 
ing pul,lic buildings was in his hands, he said, to 
which \vould be added the forty thousand dollars ap- 
propriated at the last session; and he recolllmendcd 
that some action be taken ,vith regard to a peniten- 
tiary, no prison having existed in Oregon since the 
burning of the jail at Oregon City. The five thousand 
dollars for a territorial library, he informed the aSSeITI- 
bly, had been expended, and the books placed in a 
roon1 furnished for the purpose, the custody of ,vhich 
was placed in their hands. () 
The legislative session of 1850-1 was not harmo- 
nious. There ,vere quarrels over the expenditure of the 
appropriations for public buildings and the location of 
the capital. -Lt\lthough the foriner assembly had called 
a session in l\fay, ostensibly to fix upon a place as ,yell as 
a tin1e for convening its successor, it had not fixed the 
place, and the present legislature had COine together 
by COInmon consent at Oregon City. Conceiving it to 
be proper at this session to establish the seat of go v- 
ernn1ent, according to the fifteenth section of the or- 
ganic act, ,vhich authorized the legislature at its first 
session, or as soon thereafter as n1Ìght be expedient, 
to locate and establish the capital of the territory, 
the legislature proceeded to this duty. Tbe only 
places put in conlpetition with any chance of success 
were Oregon City and Salen}. Bet\veen these there 
was a lively contest, the n}ajority of the assenlbly, 
backed by the 111issionary interest, being in favor of 
Salem, ,vhile a nlinority, and 111any Oregon City lobby- 
ists, ,vere for keeping the seat of government at that 
place. In the heat of the contest Governor Gaines un- 
,visely interfered by a special 111essage, in which, \vhile 
Scattered throughout this history, and elsewhere, are the evidences of 
the manner in which Judge Deady has impressed himself upon the institu- 
tions of Portlantl and the state, and always for their benefit, He possesses, 
with marked ability, a genial disposition, and a distinguished personal ap. 
pearance, rather added to than detracted from by increasing years. 
9 Judge Bryant selected and purchased 
2,OOO worth of the books for tlY4 
public library, and Gov. Gaines the remainder. 
HIST, OR., VOL. 11. 10 



146 


ADMINISTRATION. OF GAINES. 


he did not deny the right of the legislative assembly to 
locate and establish the seat of government, he felt it 
his duty to call their attention to the wording of the 
act, ,vhich distinctly said that tho lnoney there ap- 
propriated should be applied by the governor; and 
also, that the act of June 11, 1850, Inaking a fur- 
ther appropriation of t,venty thousand ùollars for the 
erection of puLlic buildings in Oregon, declared that 
the llloney ,vas to be applied by the governor and 
the legislative assembly. He further called their at- 
tention to the ,vording of the sixth section of the act, 
",
hich declared that every la,v should have Lut one 
object, ,vhich should be expressed in the title, ,vhile 
the act passed by the legislative assembly embraced 
several objects. He gave it as his opinion that the 
la,v in that fornl ,vas unconstitutional; but expressed 
a hope that they ,vould not adjourn ,vithout taking 
effect.ual steps to carry out the reconl111endation he 
had l1lade in his 111eSsage at the beginning of the 
session, that they would cause the public buildings to 
be erected. 
The location bill, which on account of its en1bracing 
several objects received the name of the olnnibus 
bill/ o passed the assembly by a vote of six to three in 
the council and ten to eight in the house, Salel11 get-, 
ting the capital, Portland the penitentiary,tl Corvallis 
the university, and Oregon City nothing. The mat- 


lOThe Gaines clique also denominated the Iowa code, adopted in 1849, the 
steamboat code, and invalid because it contained more than one subject. 
11 It named three commissioners, each for the state-house aud penitentiary, 
authorizing them to select one of their number to be acting commissioner and 
give honds in the sum of $20,000. The state-house board consisted of John 
Force, H. M:. \V aller, and R. C. Geer; the penitentiary board, D. H. Lowns- 
dale, Hugh D. O'Bryant, and Lucius B. Hastings. The prison was to be 
of sufficient capacity to receive, secure, and employ 100 convicts, to be con- 
fineù in separate cells, Or. 8pertator, l\1arch 27, 1851; Or. Statllte.
, 18.33-4, 
509. That Oregon City should get nothing under the embarrassment of the 
II th scction of the donation law was natural, but the whigs and the prop- 
erty-owners there may have hoped to change thc action of congress in the 
event of securing the capital. Salem, looking to the future, was a better 
location. But the assembly were not, I judge, looking to anything so much 
as having their own way. The friends of Salem wcre accused of bribery, 
and there were the usual mutual recriminations. Or. Spectator, Oct. 7 and 
Nov. 18, 18'-:;1. 



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

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


POLITICAL JOURNALS. 


1
 Id., July 29, 185]; Or. Statesman, Aug. 5, 1851; SEd COYlg., bit Ses,fl., 
H. Ex. Dol'. 94,2-32; Ill., 96, vol. ix. 1-8; Id., 104, vol. xii. 1-24; 32d Cong., 
1s1 Se.'(,<;., 11. JJ1isc. Doc. 9, 4-5. 
'3 Thc Oregon i(u
 was founded by T, J. Dryer, who had been previously en. 
gaged upon the California Courier as city editor, and was a weekly journal. 
Ðryer brought an old Ramage press from San Francisco, with some second- 
hand material, which answered his purpose for a few months, when a new 
'Vashington press and new material came out by sea from N ew York, and 
the old one was sent to Olympia to start the first l)aper published on Puget 
Sound, call cd the Columbian. In time the 'Vasbington .press was displaced 
by a power press, and was sold in 1862 to go to 'Valla 'Val1a, and afterward 
to Ïdaho. Dryer conducted the Oregonian with energy for ten years, when 
the paper passed into the hand::) of H. L. Pittock, who first began work upon 
it a
 a printer in 1833. It has since become a daily, and is edited anù partly 
owned by Harvey \V. Scott. 
The Statesman was founded by A. \V. Stockwell and Henry Russel of 
:Massachusetts, with Asahel Bush as editor, It was published at Oregon City 
till June 18.33, when it was removed to Salem, and being and remaining the 
official paper of the territory, followed the legislature to Corvallis in 1855, 
when the capital was removed to that place and back again to Salem, when 
the seat of gO\'ernment was relocated there a few months later. As a party 
paper it was conducteù with greater ability than any journal on the Pacific 
coast for a period of about a dozen years. Bush was assisted at various times 
by men of talent. On retiring from political life in 1863 he engaged in bank- 
ing at Salem. Crandall and 'Vait then conducted the paper for a short time; 
but it was finally sold in November 1863 to the Oregon Printing and Publish- 
ing Company. In 1866 it was again sold to the proprietors or the Uniord."t, 
and ceased to exist as the Oregon StatL!srll,an, During the first eight years 
of its existence it was the ruling power in Oregon, wielding an influence 
that made and unmade officials at pleasure. 'Thc number of those who 
were connected with thc paper as contributors to its columns, who have 
ri::;en to distinguished positions, is rcckoned by the dozen.' Salem Dl1"ectm'y, 
18i1; 0,". Statesman, .March 28, 1851; [d., July 2.3, 1854; Bl"Own's JVill. 
Vul., :MS., 34; Portland Ol'f[Jonian, April 15, 1876, Before either of these 
papers was started there was estahlished at Milwaukie, a few miles below 
Oregon City, the l1Iilwllllkie Star, the first number of which was issued on 
the 21st of November 1850. It was owned princip:1l1y by Lot'Vhitcomb, 
the proprietor of the town of 
lilwaukie. Thc prospectus stated that Carter 
anù 'Vaterman were thc printers, and Orvis 'Vaterman editor. The paper 
ran for three months under its first management, then was purchased by the 



148 


AD
n
ISTRATION OF GAIXES. 


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


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


printers, and in l\Iay 1851 Waterman purchased the entire interest, when he 
removed the paper to Portland, calling it the Times. It survived several 
subsequent changes and continued to be puhlished till 1804, recording in the 
mean time many of the early incidents in the history of the country. Portland 
Oregonian, April 15, 1876. 
14 The Spectator of Feb. 20, 1851, rebuked the assembly for its discour- 
tesy, saying it knew of no other instance where the annual message of the 
governor had been treated with such contempt. 
15 The Spectator of August 8, 1850, remarked that there existed no law in 
the territory regulating marriages. If that were true, there coulù have ex- 
isted none since 1845, when the last change in the provisional code was made. 
There is a report of a debate on 'a bill concerning marriages,' in the Spectator 
of Jan. 2, 1831, but the list of laws passed at the session of 1850-1 contains 
none on marriage. A marriage law was enacted by the lcgislature of 1851-2. 



OREGON ARCffiVES. 


149 


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


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

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



150 


AD
IIXISTRATION OF GAINES. 


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

Iean,vhile the ,york of organization and nation- 
l1)aking ,vent on, all being conducted by these early 
legi
lators ,vith fully as IDuch honesty and intelligence 
as have been generally displayed by their successors. 
Three ne\v counties were established and organized 
at the session of 1850-1, namely: Pacific, on the north 
side of the ColunlLia, on the coast; Lane, including 


17 A. C. Gibbs in his notes on Or. Hist., MS., 13, says that he urged the 
measure and succeeded in getting it through the house. It was supportcd IJY 
De
dy, then president of thc council; and thus the code system was begun in 
Oregon with reformed practice and proceedings. At the samc time, Thurs- 
ton, it is said, when in 'YashingtoIl, advised the appointment of conuuis- 
sioners for this purpose, or that the assembly should remain in session long 
enough to do the work, and promised to secure from congress the money, 
$G,COO, to pay the cost. 
Hi Ur. Statutes, 1853-3, 57-8; Or. Statesman, Feb. 5, 1853. 
III See 0,'. Gen. Lwcs, 181;3-72. 



COUNTIES AND JUDICIAL DISTRICTS. 


151 


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


20 Eugene City Guard, July 8, 1876; Eugene City State Journal, July S, 
1876, 
II It is difficult determining the value of these enactments, when for sev- 
eral scssions one after the other acts with the same titles appear-instance 
the county seat of Polk county, which was located in 1849 and again in 18.30. 
22 Deady's Scrap Book, 5. For some years :Matthew P. Deady cmployed his 
leisure lllOlllC'nts as a correspondent of the San Francisco Bulletin, his subjccts 
often being historical and biographical matter, in which he was, from his 
habit of comparing evidence, very correct, and in which he sometimes enun- 
ciatcd a legal opinion, His lctters, collectcd ill the form of a scrap-Look, 
".cre kindly loaned to me. From these Scraps I have drawn largely; aIlcl 
still 111 ore frequcntly from his Hi..40ry of Oreyoll, a thick manuscript volume 
gi,.en to me from his own lips in the form of a dictation while I was in Port- 
L nd in 1878, and taken down by my stenographer. Never in the course of 
my life have I encountered in one mind so vast, well arranged, amI well 
digested a store of facts, the recital of which to me was a ncver failing 
source of wondcr and admiration. His legal decisions and public addresses 
ha,'e also heen of great assistance to me, being frcc from the injudicial bias of 
many authors, and hence most substantial lliaterial for history to rest upon. 
Further than this, Judge Deady is a graceful writer, anù always interesting. 
As a man, he is one to whom Oregon owcs much. 



152 


ADl\IINISTRATION OF GAINES. 


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


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



A NE\V DELEG.A.TE. 


1.'53 


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


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


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



154 


AD:\IINISTRATION OF GAIl\TES. 


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


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



CENSURE OF JUDGES. 


155 


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


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



156 


AD
IIKISTRATION OF GAINES. 


This condition of society encouraged the expression 
of public indignation pleasing to party prejudices and 
to the political aspirations of party leaders. At a 
Inet'ting held in Portland April 1st., it ,vas resolved 
that the president of the United States should be 
illforn1ed of the neglect of the judges of the first and 
second districts, no court having been held in \Va:--;h- 
ington county since the previous spring; nor had 
any judge resided in the district to whom application 


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



1 


EXPULSION OF NEGROES. 


157 


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


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



'" 


158 


ADMIXISTRATION OF GAINES. 


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


31 By a curious coincidence one of the banished negroes was 'Vinslow, the 
culprit in the Oregon City Indian affair of 1844, who had lived since thcn at 
the mouth of the Columbia. Vanderpool was the other exile. S. F. Alta, 
Sept. 16, 18;)1; Or. Statpsmtln, Stpt. 2, 1831. 
32 There were 30 indictments in Yamhill county alone, a large proportion 
being for breach of verbal contract. Six were for selling liquor to Indians, 
being federal cases. 
3:J Logan was born in Springfield, Ill., in 1824. His father was an emincnt 
lawyer, and at one time a justice of the supreme court of Illinois. Da,'id im- 
migrated to Oregon in 1830 and settled at Lafayette. He ran against Deady 
for the legislature in 185] and was beaten. Soon after he removed to I>ort- 
land, whcre he became distinguished for his shrewdness and powers of oratory, 
being a great jury lawyer, He married in 1862 :Mary p, 'Valùo, daughter of 
Daniel 'Valdo. His highly excitable temperament led him into excesses 
which injured his otherwise eminent standing, and cut short his brilliant 
career in 1874. Salem ltfercury, April 3, 1874. 
54 The practising attorneys at this time were A. L. Lovejoy, 'V. G, T'Vanlt, 
J. Quinn Thornton, .E. Hamilton, A. Holbrook, :l\Iatthew P. Deady, B. F. Hard- 
ing, R. P. Boise, Da,'id Logan, E. 1\1. 13arnum, J. ,Yo Nesmith, A. D. 1\1. 
Harrison, .J ames 
lcCahe, A. C. Gihhs, So F. Chadwick, A. B. P. 'Y ood, 'r. 

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



POLITICS AND SOCIETY. 


159 


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


35 'v. ,v. Chapman for contempt of court was sentenced by Pratt to twenty 
days' imprisonment and to have his name stricken from the roll of attorneys. 
It was a political issue. Chapman was assisted by his Portland friends to 
escape, was rearrested, and on application to Judge Nelson discharged on a 
writ of error. 32d Coug., l.'5t Sess" .JIisc, Doc. 9, 3. See also case of Arthur 
Fayhie sentenced by Pratt for contempt, in which Nelson listened to a charge 
by Fayhie of misconduct in office on the part of Pratt, and discharged the 
prisoner by the ad vice of Strong. 
36 An example of the discourtesy used toward the federal officers was 
given when the governor was bereaved of his wife by an accident. I\Irs Gaines 
was riding on the Clatsop plains, whither she had gone on an excursion, when 
her horse becoming frightened at a wagon she was thrown under the wheels, 
receiving injuries from which she died. The same paper which announced her 
death attacked the governor with unstinted abuse. l\lrs Gaines was a 
daughter of Nicholas Kincaid of Versailles, Ky. Her mother was Priscilla 
McBride. She was horn 11arch 13, 1800, and married to Gaines June 22, 
1819. Or. Spt'ctato'ì', Aug. 19, 1831. About fifteen months after his wife's 
death, Gaines married Margaret B. 'Vands, one of the five lady teachers sent 
to Oregon by GOY. Slade, Or. Statesman, Nov. 27, 18:)1. 
8; illrs ill. E, JViI.son in Or. Sketches, MS., 19. 
38 Here is what one says of Oregon City society at the time: All was 
oddity. 'Clergymen 80 eccentric as to ha\'e been thrown over by the board 
on account of their queerness, had found their way hither, and fought their 
way among peculiar people, into positions of some kinù. People were oùù 



160 


AD
1I
I8TRATION OF G AI
 ES. 


In order to sustain his position ,vith regard to the 
location act, Gaines appealed for an opinion to the 
attorney-general of the United States, who returned 
for an ans,ver that the legislature had a right to locate 
the seat of governlnent ,vithout the consent of the 
governor, but that the governor's concurrence ,vas 
necessary to nlake legal the expenditure of the appro- 
priations,39 \vhich reply left untouched the point raised 
by Gaines, that the act ,vas invalid because it em- 
braced 11lore than one object.. With regard to this 
nlatter the attorney-general ,vas silent, and the 
quarrel stood as at the beginning, the governor re- 
fusing to recognize the la,v of the legislature as binding 
on hiln. His enenlies ceased to deny the unconstitu- 
tionality of the la\v, adnlitting that it rnight prove 
void by reason of non-conforn1Îty to the organic act, 
but they contended that until this ,vas sho\vn to be 
true in a conlpetent court, it ,vas the la\v of the land; 
and to treat it as a nullity before it had been disap- 
proved by congress, to \v hich all the acts of the legis- 
lature lTIUst be sublnitted, was to establish a dangerous 
precedent, a principle striking at the foundation of all 
la\v and the public security. 
Into this controversy the United States judges 
were necessarily drawn, the organic act requiring 
them to hold a terlll of court, annually, at the seat of 
governnlent; any two of the three constituting a 


in dress as well. Whenever one wished to appear well before his or her 
friends, they resurrected from old chests and trunks clothes made years ago. 
Now, as one costumer in one part of the world at one time, had made one 
dress, and another had made at another time another dress, an assembly in 
Oregon at this time presented to a new-comer, accustomed to only one fashion 
at once, a peculiar sight. Mrs 'Valker, wife of a missionary at Chimikane, 
near Fort Colville, having been II years from her clothed sisters, on coming 
to Oregon City was surprised to find her dresses as much in the fashion as 
any of the rest of them.' 1Jb.s JVil.<wn, Or. Sketche.'1, 1\18., 16, 17. Another 
says of the missionary and pioneer families: 'One lady who had been living at 
Ulatsop since 1846 bad a parasol wcll preserved, at least 30 years old, with a 
folding handle and an ivory ring to slip over the folds when closed. Another 
lady had a bonnet and shawl of nf:'arly the same age which she worc to church. 
All these articles were of good quality, and an evidence of past fashion 
and respectability.' :Manners as well as clothes go out of mode, and much of 
the o(:d.ity l\1rs vVilson discovered in an Oregon assembly in Gov. Gaines' 
time was only manners out of fashion. 
:IV Or. Spectator, July 29, 1851j Or. Stat-esrnan, Aug. 5. 18
H... 



OPPOSITION GOVERN
IENTS. 


161 


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


40 Or. Gen. Laws, 184$-1864, 71. 
fl The council was composed of Matthew P. Deady, of Yamhil1; J. M:. Gar- 
rison, ofl\Iarion; A. L. Lovejoy, of Clackamas; Fred. 'Vaymire, of Polk; 'V. B. 
:Mealey, of Linn; Samuel Parker, of Clackamas and 1Iarion; A. L. Humphrey, 
of Benton; Lawrence Hall, of 'Vashington; Columbia Lancaster, of Lewis, 
Clark, and Vancouver counties. The house consisted of Geo. L. Curry, A. E. 
\Vait, and ,Yo T. :l\Iatlock, of Clackamas; Benj. Simpson, "Hie Chapman, and 
James Davidson, of :Marion; J. C. Avery and Geo, E. Cole, of Benton; Luther 
'Vhite and 'Vil1iam Allphin, of Linn; Ralph \Vilcox, 'v. :M. King, anù J. 
C. Bishop, of 'Vashington; A. J. Hembree, Samuel :l\IcSween, and R. C. 
Kinney, of Yamhill; Nat Ford and J. S. Holman of Polk; David :M. Risùon. 
of Lane; J. 'V. Drew, of Umpqua; John A. Anderson and D. F. Brownfield 
of Clatsop and Pacific. Or. Statfsman, July 4, 18.3 1. 
42 In style Lancaster was something of a Munchausen. 'It i
 true,' he says 
in his memorial, which must indeed have astonished congress, 'that the 
Columhia River, like the principles of ciyil and religious equality, with wild 
and unconquerable fury has burst asunder the Cascade and Coast ranges of 
mountains, and shattered into fragments the basaltic formations,' etc. 3!d 
CO'nff., 1st Sess., 11. .lUi-::sc. Doc. 14, 1-5; Or. Statema1l.Jan.13.1852..Ba- 
saltic formation' then became a sobriquet for the whig councilman among the 
Salem division of the legislature. The memorial was signed' Columbia Lan- 
caster, late president pro tem. of the council, and W. T. :Matlock, latc speaker 
pro tern. of the house of representatives.' 
HI.8T. OB., VOL. II. 11 



162 


ADMINISTRATION OF GAINES. 


the governor's vie\v of the seat-of-government ques- 
tion, while Pratt, siding \yith the main body of the 
legislature, repaired to Salelll as the proper place to 
hold the annual session of the United States court. 
Thus a majority of the legislature convened at Salem 
as the seat of government, and a nlajority of the su- 
prellle court at Oregon City as the proper capital; 
and the division was likely to prove a serious bar to 
the legality of the proceedings of one or the other. 43 
The majority of the people were on the side of the 
legislature, and ready to denounce the imported judges 
\vho had set themselves up in opposition to their 
representatives. Before the llleeting of the legisla- 
tive body the people on the north side of the Colum- 
bia had expressed their dissatisfaction with Strong 
for refusing to hold court at the place selected by the 
county commissioners, according to an act of the legis- 
lature requiring them to fix the place of holding court 
until the county seat should be established. The 
place selected \vas at the claim of Sidney Ford, on the 
Chehalis River, \vhereas the judge \vent to the þouse 
of John R. Jackson, t\venty miles distant, and sent a 
peremptory order to the jurors to repair to the sarrle 
. place, which they refused to do, on the ground that 
they had been ordered in the nlanner of slave-driving, 
to \vhich they objected as unbeconling a judge and 
insulting to theIl1selves. A public nleeting \vas held, 
at \vhich it was decided that the conduct of the judge 
n1erited the investigation of the impeaching po\ver. 44 
The proceedings of the meeting \vere published 
about the tilne of the convening of the asselllbly, and 
a correspondence follo\ved, in which J. B. Chapnlan 


43 Francis Ermatinger being cited to appear in a case brought against him 
at Oregon City, objected to the hearing of the cause upon the ground that the 
law required a majority of the judges of the court to be present at the seat of 
government, which was at Salem. The chief justice said in substance: 'By 
the act of coming here we have virtually decided this question.' Or. Specta- 
tor, Dec. 2, 1831. 
44 The principal persons in the transactions of the indignation meeting 
were J.. B. (jhapman, M. T. Simmons, D. F. Brownfield, 'V. P. Dougherty, 
E. Sylvester, Thos. W. Glasgow, and James McAllister. Or. Statesman, Dec. 
.2, 1851. 



IN SESSION AT SALE
r. 
. 


163 


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


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



164 


AD:ðIINISTRATION OF GAINES. 


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

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


47 Or. Council, Jour. 1851-2, 12-13. This committee appears to have been 
intended to draft a memorial on genernl subjects, as the memorial concerning 
the interference of the governor and the condition of the judiciary was drawn 
by a different committee. 
48 The Statesman of .July 3d remarked: 'The territorial library, the gift of 
congress to Oregon, became the property, to all intents and purposes, of the 
federal clique
 who refused to allow the books to be removed to Salem, and 
occupied the library room daily with a lihrarian of the governor's appointing.' 
A full account of the affair was published in a little sheet called Vox Populi, 
printed at Salem, and devoted to legislative proceedings and the location 
question. The first number was issued on the 18th of December 1851. The 
standing advertisement at the head of the local column was as follows: 'The 
Vox Populi will be published and edited at Salem, O. T., during the session 
of the legislative assembly by an association of gentlemen.' This little paper 
contained a great deal that was personally disagreeable to the federal officers. 
49 D('ady's Ili8t. Or., :'MS., 27-8; ,')trOJl.y'8 llist. Or., 
IS., 62-3; Grover'8 
Pub. Life in Or., MS., 53. 



LA WS ENACTED. 


165 


'lrithout their friends. The Oregonian, which was 
the accredited organ of the federal clique, ,vas loud 
in coñdennlation of the course pursued by the legisla- 
tors, ,,'hile the Spectator, ,vhich professed to be an in- 
dependent paper, \veakly supported Governor Gaines 
and Chief J ustice Nelson. Even in the legislative 
body itself there \vas a certain 111inority \v ho protested 
against the acts of the Inajority, not on the subject 
of the location act alone, or the change in the judicial 
districts, leaving the chief justice one county only for 
his district, but also on account of the 111elnorial to 
congress, prepared by the joint cOlnn1ittee fronl Loth 
houses, setting forth the condition of affairs in the 
territory, and asking that the people of Oregon 111ight 
be perlnitted to elect their governor, secretary, and 
judges. 
The n1eIIlorial passed the assembly almost by accla- 
mation, three IIlembers only voting against it, one uf 
thenl protesting forlnally that it ,vas a calulnnious 
docun1ent. The people then took up the Inatter, pub- 
lic nleetings being held in the different counties to 
approve or COndelTIn the course of the legislature, a 
large nlajority expressing approbation of the asselllLly 
and censuring the ,vhig judges. A bill \vas finally 
passed calling for a constitutional convention in the 
eyellt of éongress refusing to entertain their petition 
to per111it Oregon to elect her governor and judges. 
This ilnportant Lusiness having been disposed of, the 
legislators addressed thenlsel yes to other nlattcrs. 
Lane was instructed to ask for an anlendment to the 
land la\v; for an increase in the l1lunber of councihnen 
in proportion to the increase of representatives; to 
procure the inunediate survey of Yaquina Bay and 
Un1pqua River; to procure the auditing and payulellt 
of the Cayuse ,val' accounts; to have the organic act 
amended so as to allo,v the couuty cOlnnlissioner
 to 
locate the schuullands in legal subtlivi
ions or in frac- 
tions lying bet\vecn claÎ1us, ,vithout reference to ::;ize 
or shape, \vhere the sixteenth and thirty-sixth sec- 



166 


AD
MINISTRATION OF GAINES. 


tions ,vere already settled upon; to have the postal 
agent in Oregon fiO instructed to locate post-offices and 
establish Inail routes, so as to facilitate correspondence 
"Tith different portions of the territory, instead of 
ain1Ìng to increase the revenue of the general govern- 
.11lent; to endeavor to have the nlail steanlship con- 
tract cOlllplied ,vith in the nlatter of leaving a mail at 
the mouth of the Unlpqua River, and to procure the 
change of the port of entry on that river from Scotts- 
burg to U nlpqua City. Last of all, the delegate ,vas 
requested to advise congress of the fact that the ter- 
ritorial secretary, Hanlilton, refused to pay the legis- 
lators their dues; and that it \vas feared the n10ney 
had been expended in SOHle other manner. 
Several ne\v counties ,vere created at this session, 
raising the whole nunlber to sixteen. An act to create 
and organize Silnl110nS out of a part of Lewis county 
,vas alnended to nlake it Thurston county, and the 
eastern linlits of Le,yis ,vere altered and defined. 61 
Douglas ,vas organized out of Ulupqua county, leav- 
ing the latter on the coast, 'v hile the U Inpq ua Valley 
constituted Douglas. The county of Jackson was 
also created out of the southern portion of the fornler 
U ITlpqua county, conlprising the valley of the Rogue 
River,62 and it ,vas thought the Shasta Valley. These 
t\VO ne,v countries ,vere attached to U IIlpqua for judi- 
cial purposes, by \vhich arrangclnent the Second J udi- 
cial district ,vas lIlade to extend frOl11 the Colulnbia 
River to the California boundary.53 


50 The postal agent was Nathaniel Coe, who was made the subject of invid- 
ious remark, being a presidential appointee. 
51 The boundaries are not ginm in the reports. They were subsequently 
changed when 'Vashington was set off. See Or. Local Laws, 1851-2, 13-15, 
30; ..New 'Pacoma North Pw'ific Coast, Dec. 15, 1879. 
52 A resolution was passed by the assembly that the surveyor-general be 
required to take measures to ascertain whether the town known as Shasta 
Butte City I(Yreka) was in Oregon or not, and to publish the result of his 
observations ill the State..mwll. Ur, Council, JOW". 1851-2, 53. 
53 The first term of the United States district court held at the new 
court-house in Cyntheanll was in October 1851. At this term James 1\1c- 
Cabe, B. F. Harding, A. B. P. ',","ood, J. 'Y. .Kesmith, and 'Y. G. T'Vault 
were admitted to practice in the Second Judicial district. J\1cCabe was 
appointed prosecuting attorney, Holbrook having gone on a visit to the 



LA'VS AND :ME
IORIALS. 


167 


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


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

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



168 


AD)IINISTRATION OF GAINES. 


officers in their effort to depri ve .the legislators of the 
use of the territorial library, an act ,vas passed re- 
quiring a five thousand dollar bond to be given by 
the librarian, 'v ho ,vas elected by the assenlbly.56 
Besides the 111ernorial concerning the governor and 
judges, another petition addressed to congress a8ked 
for better IHail facilities \vith a post-office at each 
court-house in the several counties, and a lnail route 
direct from San Francisco to Puget Sound, sho\ving 
the increasing settlelnent of that region. I t ,vas 
asked that troops be stationed in the Rogue River 
Valley, and at points bet
Teen Fort Hall and The 
Dalles for the protection of the inlmigration, 'v hich 
thi8 year suffered several atrocities at the hands of 
the Indians on this portion of the route; that the pay 
of the revenue officers be increased;57 and that an ap- 
propriation be Inac1e to continue the geological survey 
of Oregon already begun. 
Having elected R. P. Boise district-attorney for 
the first and second judicial districts, and I. N. Ebey 
to the same office for the third district; reëlcctcd 
Bush territorial printer, and J. D. Boon territorial 
treasurer,58 the assenlbly adjourned on the 21st of 
January, to carryon the war against the federal offi- 
cers in a ùifferen t field. 59 


c. Kinney, and Joel Palmer. Or. Local Laws, 1851-2, 62-3. The Meth- 
odist church in Oregon City was incorporated in May 18:50. 
56 Ludwell Rector was elected, The former librarian was a young man 
who came out with Gaines, anti placeù in that position by him while he held 
the clerkship of the sUr\ 7 eyor-general's office, and also of the supreme court. 
0/'. State8'man, Feb. 3, 18.32. 
5i See memorial of J. A. Anderson of Clatsop County in Or. Statesman, 
Jan. 20, 18.")2. 
58J. D. Boon was a 'Vesleyan Methodist preacher, a plain, unlearned man, 
honest and fervent, an immigrant of 18-15. He was for many years a resident 
of 
alem, anù held the office of treasurer for several terms. Deady'.., Scrap 
Book, 87. 
59 There were in this legislature a few not heretofore specially mentioned. 
J. 1\1. Garrison, one of the men of 184:
, before spoken of, was horn in Indiana 
in 181:
, and was a farmer ill :l\lal'ion county. 'Vilie Chapman, also of 1\Iarion, 
was born in Houth Carolina in 1817, reared in Tenn., and came to Oregon in 
1847. He kept a hotel at Salem. Luther 'Vhite, of Linn, preacher and 
farmer, was born in 17D7 in ICy, and immigrated to Oregon in 1847, A. J. 
Hembree, of the immigration of 1843, was bum in Tenn. in 1813; was a 
merchant and fanner in Yamhill. James S. Holman, an immigrant of 1847, 



NE'VSP APER ,V AR. 


169 


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


was horn in Tenn. in 1813; a fanner in Polk. David S. Risdon was born in 
Vt in 18:!;
, came to Oregon in 18,)0; lawyer by profession. John A. An(ler- 
son was horn in Ky in 18:!4, rearc(I in north l\1iss., and came to Oregon in 
1830; lawyer and clerk in the custom-house at Astoria. James Davidson, 
born in Ky in 17D
; emigrated thence in ]847; housejoiner by occupation. 
George E. Cole, polit.ician, burn in New York in 1820; emigrated thence in 
1830 lJY the way of California. He removed to 'Vashingtoll in ]8,)8, awl was 
sent as a delegate to congress; hut afterward returned to Oregon, and held 
the office of postmaster at Portland from 1873 to 1881. 
(jO A}J}JlerJate's VielC8 of lIi..,t., l\IH" 48. Gaines assaulted Bush in the 
street on two occasions; once for acciùentally jostling him, and again for 
something said in the State.'mwn. See issues of Jan. 27th and June 2!), 1832. 
A writer calling himself' A Kentuckian' had attacked the governor's exercise 
of the pardulling power in the case of Enoch Smith, reminding his exceHency 
that Kentucky, which produced the governor, prodnce(l also nearly all the 
murderers in Oregon, namely, Keen, Kendall, Turner, the two Evermans, amI 
Smith. 'Common sense, sir, "said this correspondent, 'should teaeh you that 
the prestige of Kentucky origin will not sustain you in your mental imbecility; 
amI that Kentucky aristocracy, devoid of sense and virtue, will not pass cur- 
rent ill this intelligent market.' 0,.: Statf,'mlUu, June 13, ]S.):!. . 
61.John 1'. Gaines was born in Augusta. Va, in 
eptemher 170.), removing 
to Boone county, Ky, in early youth. He volunteered in the war of 1812, 
being in the battle of the Thames and several other engagemen ts. He rep- 
resented Boone county for several years in the legislature of Ky, and was 
suhsequently sent to congress from 1847 to 1849, He was elected major of 
the Ky cavalry, and selTed in the l\Iexican war until tak('n prisoner at 
Encarnacion. After some months of captivity he escaped, amI joining the 
army served to the end of the war. Ün his return from :Mexieo, Taylor 
appointed him governor of Oregon. 'Yhen his term expired he retirc(ll1pon 
a farm in l\larion county, wbere he resided till his de
tb in December 1837. 
S, 1( Alta, Jan. 4, 1858. 



1';0 


ADMINISTRATION OF GAINES. 


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


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


t2 Or. Stat('sman, No",. G, 1852; Id., Feb. 26, 1853. \Yhether or not this 
was true, Lane procureù an amendment to the former acts of congress in order 
to make up the deficiency said to have been occasioned by the alteration of 
the certificates. Cony. Globe, 1852-3, app. 341; 33d COllY., 1st Sess" 11. Gom. 
Bcpt. 122, 4-5, 
6:i ill ernorial, in 32d Cona., 1st Sess., H. lJlisc. Doc. 9, 2; Or. Statesman, 

fay 18, 1852. 
64The ridicule, however, was not all on one side. There appeared .in the 
Oregonian, and afterward in pamphlet form, with a dedication to the editors 
of Vox Populi, a satire written in dramatic verse, and styled a 
IeloùraIlla, 
illustrated with rude wood-cuts, and showing considerable ability both for 
COIllj)osition and burlesque. This publication, both on account of its political 
effect and because it was the first book written and publishcd in Oregon of 
an original naturc, deserves to be remembered. It contained 32 doublt-col- 
umned pages, divided into five acts. The persons satirized were Pratt, 
Deady, Lovejoy, King, Anderson, Avery, 'Vaymire, Parker, Thornton, 'Vill- 
son. Bush, Backenstos, and "\Vaterman of the Portland 'Times. The author 
was 'Yilliam L. Adams, an immigrant of 1848, a native of Painesville, Ohio, 
where he was born Feb. 1821. His parents removed to .Michigan in lö:N. 
In 183j Adams entereù college at Canton, Ill.; going afterward to Galeslmrg, 
supporting himself by teaching in the vacations. He finishetl his studies at 
Bcthany College, Ya, and became a convert to the renowncd Alexander 
Camphell. In 1845 he married Olivia Goodell, a native of :Maine, awl settled 
in Hcnùerson County, Ill., from which state he came to Oregon. Hc taught 
school in Yamhill county, and wa& elected probate judge. He was of- 
fercd a press at Oregon City if he would establish a whig newspaper at that 
place, which he declined; but in 1858 he purchased the Spectator press and 
helped materially to found the present republican party of Oregon. He was 
rewarded with the collectorship at Astoria under Lincoln. Portland JVest 
Shore, :May, 1876. 



POLITICAL ISSUES. 


171 


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


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


. 



172 


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


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


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


. 



OFFICIAL "... ARF ARE. 


173 


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



CHAPTER VI. 


DISCOVERY OF GOLD IN OREGON. 


1850-1852. 


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


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


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



I:\fMIGRATION OF 1850. 


175 


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


· Among those who took the route to the Columbia River was Henry J. 
Coke, an .English gentleman travelling for pleasure. He arrived at Vancouver 
Oct. 22, 1830, and after a brief look at Oregon City sailed in the 111 arll Dare 
for thc Islands, visiting San Francisco in Feb. 185l, thence proceeding to 
:M
xico and Vera Cruz, and by the way of St Thomas back to England, all 
without appearing to see much, though he wrote a book called Cokp'.'l Ride. 
Two Frenchmen, Julius Brenchly and Jules Remy, were much interested in 
the 
Iormolls, and wrote a book of not much value. Rerny and B,'encldy, ii. 
507 -8. 
l!'. G, Hearn started from Kentucky intending to settle in Oregon, but 
seized by cholera was kept at Fort Laramip till the follo"\\-il1g year, when with 
a party of six he came on to the \Villamette Valley, and finally took up his resi- 
dence at Y reka, CaJifornia. I-Iearn's California 8ketche8, ]\18., is a collection 
of obseryations on the border country between California and Oregon. 
Two Irishmen, Kelly and Conway, crossed the continent this year with no 
other supplies than they carried in their haversacks, depending on their rifles 
for food. They were only three months in travelling from Kansas to the Sac- 
ramento Valley, which they cntered before going to Oregon. Quiglf'Y'8 Irish 
Race, 216-17. During Aug. and Sept. of this year Oregon was visited by the 
French traveller Saint Amant, who made some unimportant notes for the 
French government. Certain of his observations were apocryphal. See Saint 
iÍmant, 139-391. 



176 


DISCOYERY OF GOLD IN OREGON. 


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


i These were Nathan Schofield, A. 1\1., author of a work on surveying, and 
Socrates Schofield his son, both from npar Norwich, Connecticut. Schofìeld 
Creek in Douglas county is named after the 12der. 
I) Besides the Schofields there were in the exploring company Heman 'Vin- 
chester, and brother, editor of the Pacific .1VC'W8 of San Francisco; Dr Henry 
Payne, of New York; Dr E. R. Fiske, of .Massachusetts; S. H. :\Iann, a gradu- 
ate of Harvard University; Dr J. 'V. Drew, of New Hampshire; Barney, of 
New York; 'Voo(lbury, of Connecticut; C. 'T. Hopkins, of San Francisco; Henry 
H, 'Voodward, l>atrick Flanagan, Anthony Ten Eyck, A. G. Able, James K. 
Kelly, afterward a leading man in Oregon politics; Dean, Tierman, Evans, 
and Knight, whose names have been preserved. 



ROGUE RIVER EXPLORATIONS. 


177 


boat with six men sent to examine the entrance was 
overturned in the river and t\VO ,vere dro\vned, the 
others being rescued. by Indians \v ho pulled then1 
ashore to strip then1 of their clothing. The schooner 
Ineantin1e ,vas follo,ving in, and by the aid of glasses 
it \yas discovered that the shore ,vas populous ,vith 
excited savages running hither and thither with such 
display of ferocity as ,yould have deterred the vessel 
from entering had not those on board determined to 
rescue their comrades at any hazard. It ,yas high 
tide, and by lnuch manæuvring the schooner ,vas 
run over the bar in a fathonl and a half of ,vater. 
The shout of relief as they entered the river ,vas 
ans,vered by yells from the shore, ,vhere could be 
seen the survivors of the boat's cre\v, naked and half 
dead ,vith cold and exhaustion, being freely handled 
by their captors. As soon as the vessel ,vas well 
inside, two hundred natives appeared and crowded on 
board, the explorers being unable to prevent thenl. 
The best they could do ,vas to feign indifference and 
trade the old iron for peltries. When the natives had 
nothing left to exchange for coveted articles, they ex- 
hibited an ingenuity as thieves that ,vould have done 
credit to a London pickpocket. Says one of the corIl- 
pany: "Some grabbed the cook's to\vels, one bit a 
hole in the shirt of one of our lllen to get at SOllle 
beads he had deposited there, and so slyly, too, that 
the latter did not perceive his 101:58 at the tilne. One 
fello\v stole the eye-glass of the ship's quadrant, and 
another n1ade way with the surveyor's note- boole 
Sorne started the schooner's copper \vith their teeth; 
and had actually made some progress in stripping her 
as she lay high and dry at lo\v water, before they 
,vere found out. One enterprising genius undertook 
to get possession of the chain and anchor by sawing 
off the former under water with his iron knife! Con- 
scious of guilt, and fearing lest ,ve might discover the 
n1ischief he intended us, he ,vould no\v and then throw 
a furtive glance to,vard the bow of the vessel, to the 
BIBT. OB.. VOL. II. 12 



178 


DISCOVERY OF GOLD IN OREGON. 


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


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



THE U:\IPQUA CO
IPANY. 


179 


there the United States suryeying schooner ELCil1g, 
in the hope of obtaining a good report of the harbor. 
But on learning the designs of the California conl- 
pany, a hearty coöperation ,vas offered on one part, 
and ,villingly accepted on the other. Another cir- 
cunlstance in favor of the Un1pqua for settlement 
\\Tas the peacea.ble disposition of the natives, ,vho 
since the days 'v hen they rnurdered J edediah Snlith's 
party had been brought under the paci(ying influ- 
ences of the Hudson's Bay Con1pany, and sustained 
a good reputation as compared with the other coast 
tri bes. 
On the morning of the 7th the schooner proceeded 
up the river, keeping the channel by sounding from a 
s111all boat in advance, and finding it one of the love- 
liet;t of streams; 7 at least, so thought the explorers, 
one of ,vhom after\vard became its historian. 8 Finding 
a good depth of water, ,vith the tide, for a distance 
of eighteen 111iles, the boat's crew Lecalne negligent, 
and failing to note a gravelly bar at the foot of a bluff 
a thousand feet in height. the schooner grounded in 
eight feet of ,vater, and 'v hen the tide ebbed was left 
stranded. 9 
l-Io,vever, the sJllall boat proceeded to the fo-ot of the 
rapids, 'v here Scott ,vas located, this being the head 
of tide-,vater, and the yessel ,vas after\vard brought 
safely hither. In consideration of their services in 


7 It is the largest river between the Sacramento and the Columbia. (Ves- 
sels of 800 tons can enter.' 11Ir8 rictor, in Pac. Rural Press, Nov. 8, ]879. 
'The Umpqua is sometimes supposed to b2 the river discovered by Flores in 
IG03, and afterwards referred to as the "RiYer of the 'Vest.'" David
oll's 
Coast Pilot, 126. 
Ii This was Charles T. Hopkins, who wrote an account of the Umpqua ad- 
yenture for the S. F. Pioneer, vol. i. ii., a periodical published in the early 
days of California magazine literature. I have drawn my account partly from 
this sonrce, as well as from Gibb,o;' Nofes on 01'. Ilist., 1\'18" 2-
, and from 
] Ii.<,:torical Corre."pulIlleuce, .:\18., by S. R J\'lann, 8. F. Chadwick, H. H. 'V ood- 
ward, members of the Umpqua company, and also from other sources, among 
which are JVillianu;' S. JV. Orerlon, l\'l
., 2-3.; Letters of D. J. Lyons, and the 
Ore[IOn Sp('('tatm', Sept. 5, 1850; Deady's Scrap-Book, 83; S. F. Evening Pica- 
Y1LnP, Sept. 6, 18,")0. 
9 Gibbs says: 'The passengers endeavored to lighten the cargo by pouring 
the vessel's store of liquors down their throats, from which hilarious proceed. 
ing the shoal took the name of Brandy Bar.' Notes, 
IS., 4. 



180 


DISCOVERY OF GOLD IN OREGON. 


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

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


lOOakland, a few miles south of Yoncalla, was laid out in 1849 by Chester 
Lyman, since a professor at Yale College. This is the oldest surveyed town 
in the Umpqua Valley. Or. Sketchel1, 1\'18., 3. 



GIBBS A
"D CHADWICK. 


181 


,vhich \vere put Up on the site of Unlpqua City. In 
charge of the company's business ,vas Addison C. 
Gibbs, afterward governor of Oregon, who \vas on his 
,,-ay to the territory \vhen he fell in ,vith the projectors 
of the scheille, and accepted a position and shares. ll 
Thus far all ,vent 'v ell. But the Ulnpqua Con1- 
pany,vere destined to bear some of those lnisfortunes 
,vhich usuaHy attend like enterprises. The passage 
of the Oregon land law in September ,vas the first 
blo,v, franled as it \vas to prevent conlpanies or non- 
residents from holding lands for speculative purposes, 
in consequence of ,vhich no patent could issue to the 
COlnpany, and it could give no title to the lands it 
"
as offering for sale: They might, unrebuked, have 
carried on a trade begun in tinlber; but the loss of 
one vessel loaded ,vith piles, and the ruinous detention 
of a
other, together ,vith a fall of fifty per cent in 
the price of their cargoes, soon left the contractors in 
debt, and an assigllll1ent ,vas the result, an event 
hastened by the failure of the firm in San Francisco 
\yith which the cOlllpany had deposited its funds. 
Five months after the return of the Samuel Roberts to 
Sa.n Franciseo, not one of those \v ho sailed fronl the 
river in her ,vas in any manner connected ,vith the 
U 111pqua schelne. The cornpany in California having 
ceased to furnish 111eanS, those left in Oregon 'v ere 
con} pel1ed to direct their efforts toward solving the 
problem of ho\v to livé. 12 


11 D. C. Underwood, who had become a member of the association, was a 
passenger on the Kate Heath, a man well known in business anJ political cir- 
cles in the state. 
12 Drcw remained at Umpqua City, where he was suhsequently Indian 
agent for many years, and where he helJ the office of collector of customs and 
subsequcntlyof inspector. He was unmarried. JIarY8vllle App('al, Jan. 2v, 
18G-!. \Vinchestel.' remained in Oregon, residiug at 
cottsburg, then at Rosc- 
burg and Empire City. He was a lawyer, anù a favorite with the bar of the 
Sccond Judicial district. ' He was generous in dealing, liberal in thought, of 
entire truth, and absolutely incorruptiblc.' Salem J.1Iercury, Kov. 10, IS7G. 
GiLbs took a land claim sevcn milcs above the mouth of the Umpqua, laying 
out the town of Gardiner, anù residing there for sevcral years, during which 
time he returned to the e3,st and marrieJ :Margaret 
I. 'Vatkin
, of :Erie 
county, N. Y. Addison CralHlall Gibbs, aftcrward goyernor of Oregon, was 
born at East Otto, Cattaraugus county, X. Y., July Ü, IS:!'), and cducate(l at 
the New York Statc Normal school. He became a teacher, and studied law J 



182 


DISCOVERY OF GOLD IN OREGON. 


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


Leing admitted to the bar in J\Iay 18-:19 at Albany. He is descended from a 
long line of lawyers in England; his great grandfather was a commissioned 
otticer in the revolutionary war. In Oregon hc acted well his part of pioneer, 
carrying the mail in person, or by deputy, from Y on calla to Scottsburg for a 
period of four years through the floods and storms of the wild coast mount- 
ains, never missing a trip. He was elected to the legislature of 18,)1-2. 
\Vhen Gardiner was made a port of entry, Gibbs became collector of customs 
for the southern district of Uregon. He afterward removed to the Umpqua 
\
 alley, and in 18.')8 to Portland, 'where he continued the practice of law. He 
was ever a true friend of Oregon, taking a great personal interest in her de- 
velopment and an intelligent pride in her history. He has spared no pains 
in gidng me information, which is embodied in a manuscript entitled. Notes 
on the l1istor!/ ofUrr[Jon. 
Stephen Fowler Chadwick, a native of Connecticut, studied law in New 
York, where he was admitted to practice in 18.')0, immediately after which he 
set out for the Pacific coast, joining the Umpqua Company and arriving in 
Oregon just in time to be left a stranded speculator on the beautiful but 
lonely bank of that picturesque river. 'Vhen the settlemcnt of the yalley 
increased he practised his profession with honor and profit, being elected 
county and probate judge, and also to represent Douglas county in the con- 
yention which framed the state constitution. He was presidential elector in 
18ö4 and 1868, being the messenger to carry the vote to 'Vashington in the 
latter year. He was elected secretary of state in 1870, which office he held 
for eight years, becoming governor for the last two years by the resignation 
of Grover, who was elected to the U. 
. senate. Governor Chadwick '\vas also 
a distinguished member of the order of freemasons, having been grand master 
in the lodge of Perfection, and having received the 33d degree in the 
cotch 
ritc, as well as having been for 17 years chairman of the committee on foreign 
correspondence for the grand lodge of Oregon, aud a favorite orator of the 
order. He married iu .18.')6 Jane A. Smith of Douglas county, a native of 
\
irginia, by whom he has two daughters and two SOlJS. Of a lively and ami- 
able temper and courteous manner, he has always enjoye(l a popularity inde- 
pendent of official eminence. His contributions to this history consist of 
letters and a brief sta.tement of the Public Recorcl8 of the Capitol in manuscript. 
r shall npver forget his kindness to me during my visit to Oregon in 1878. 
James K. Kelly was Lorn in Center county, l)enn., in 1819, educated at Prince- 
ton college, N. J., and studied law at Carlisle law school, graduating in1G4:!, 
and practising in Lewiston, l">enu., until 184û, when he started for California 
by way of :Mexico. Not finding mining to his taste, he embarked his fortunes 
in the Umpqua Company. He wcnt to Oregon City and soon came into notice. 
He was appointed code commissioner in 18.')3, as I have elsewhere mcntioned, 
and was in the same year elected to the council, of which he was a member for 
four years and president for two sessions. As a military man he figured con- 
spicuously in the Indian wars. He was a member of the constitutional con- 
vention in 18.')7. and of the state senate in 18GO. In 1870 he was sent to the 
U. 8. senate, aúd in 1878 was appointed chief justice of the supreme court. 
His rolitical career will be more particularly noticed in the progress of this 
history. 



BIRTH OF TOWNS. 


183 


quarries. These accounts brought population to that 
part of the coast, and soon vessels began to ply be- 
t\\
cen San Francisco and Scottsburg. Gardiner, 
nalned after the captain of the Bostonia'n, 'v hich ,va
 
,vrccked in trying to enter the river in 1850, sprang 
up in 1851. In that year also a trail ,vas constructed 
:fcn" pack-anin1als across the Inountains to \Vinchester,t3 
'v hich becaine the county seat of Douglas county, 
,,-ith a United States land office. FrolH Winchester 
the route ,vas extended to the n1ines in the U nlpqua 
arid Rogue River valleys. Long trains of luules 
laden ,vith goods for the rnining region filed daily 
along the precipitous path \vhich ,vas dignified \vith 
the nalne of road, their tinkling bells striking cheerily 
the ear of the lonely traveller plodding his ,yeary ,yay " 
to the gold-fields. ScottsLurg, ,vhich ,vas the point 
of departure for the pack-trains, beCa111e a conl1uercial 
entrepôt of itnportallce. 14 The iníluence of the Ulllp- 
qua interest ,vas sufficient to obtain from congress at 
the session of 1850-51 appropriations for l11ail ser- 
yice by sea and land, a light-house at the lnouth of 
the river, and a separate collection district. 15 
As the 111ines ,vere opened perUlanent settlelnents 
,,,,ere nlade upon the farluing lands of southern Oregon, 
and various slnall to,vns ,vere started frolH 1851 to 


13 'Vinchester was laid out by Addison C. Flint, who was in Chile ill 184,'}, 
to assist in the preliminary survey of the railroad subsequently built by the 
infamous Harry .Meigs. In 1849 Flint came to California, and the following 
y('ar to Oregon to make surveys for the Un;J.pqua Company. He also laid out 
the town of Ro
eburg in 1834 for Aaron Rose, where he took up his residence 
in 1837. 0.,0. ."ketches, ]\1S., 2-4. 
H Allan, 
lcKinlay, 
lnd :l\IcTavish of the Hudson's Bay Company opened 
a trading-house at 
cottsbl1rg; and Jesse Applegate also turned merchant. 
Applegate's manner of doing business is ùescribed by himself in Burnett's 
]l( coll(>(.tioil.
 of a Pioneer: 'I sold goods on credit to those who nee(leù them 
most, not to those who were able to pay, lost :;:;:
O,OOO, and quit the business." 
1:) The steamers carrying the mails from Panamá to the Columbia River 
were under contract to stop at the Umpqua, and one entry was maùe, but 
the steamer was so nearly wreckeù that no further attempt followed. The 
merchants and others at Scottsburg and the lower towns, as well as at 
"Till chester, bad to wait for their letters and papers to go to Portland and be 
sent up the valley by the bi-monthly mail to Y oncalla, a delay which was 
severely felt and impatiently resented. The legislature did not fail to repre- 
sent the matter to congress, and Thurston diù all he could to satisfy his con- 
stituents, though he could not compel the steamship company to keep its 
contract or congress to annul it. 



184 


DISCOVERY OF GOLD IN OREGON. 


1853 in the region south of \Vinchester,t6 notably the 
to\vn of Roseburg, founded by Aaron Rose,17 \vho 
purchased the c1ain1 from its locators for a horse, 
and a poor one at that. A flouring n1ill ,vas put in 
operation in the northern part of U Inpqua Valley, and 
another erected during the SUll1mer of 1851 at 'Vin- 
chester. IS A sa\v-lnill soon follo\ved in the Rogue 
Iiiver Valley,19 n1any of ,vhich inlprovements \vere 
traceable, l110re or less directly, to the iUlpetus given 
to settlement by the Umpqua Company. 
In passing back and forth to California, the Oregon 
n1iners had not failed to observe that the saine soil and 
geological structure characterized the valleys north 
of the supposed 20 northern boundary of California that 


16The first house in Rogue River Valley was built at the ferry on Rogue 
Ri \Tel' established by Joel Perkins. The place was first known as Perkins' 
Ferry, then Long's Ferry, and lastly as Vannoy's. The next settlement was 
at the mouth of Evans creek, a tributary of Rogue River, so called from a 
trader named Davis Evans, a somewhat had character, who located there. 
The third was the claim of one Bills, also of doubtful repute. Then came the 
farm of N. C. Dean at 'Villow Springs, five miles north of Jacksonville, and 
near it the claim of A. A. Skinner, who built a house in the autumn of 
18,")1. Sòuth of Skinner's, on the road to Yreka, was the place of Stone 
and Points on 'Vagner creek, and beyond, toward the head of the valley, 
those of Dunn, Smith, Russell, Barron, and a few others. Duncnn's Settle- 
ment, :MS., 5-6. The author of this work, L. J. C. Duncan, was born in 
Tennessee in 1818. He came to California in 1849, and workt'd in the l\Iari- 
posa mines until the autumn of 18,")0, when, becoming ill, he came to Oregon 
for a change of climate and more settled society. In the autumn of 18.31 he 
determined to try mining in the Shasta Valley, and also to secure a land claim 
in the Rogue River Valley. This he did, locating on Bear or Stuart creek, 
12 miles south-east of Jacksonville, where he resided from 1851 to 1858, during 
which time hemineclon Jackson's creek. Hesharec1in the Indian wars which 
troubled the settlements for a number of years, finally establishing himself in 
Jacksonville in the practice of the law, and being elected to the office of 
judge. 
17 Dead!f'.ç llist. Or., 
fS., 72-3. 
18 Ur. Sppctator, Feh. 10, 18.32. 
19J. A, Cartlwell was born in Tennessee in 1827, emigrated from Iowa to 
Oregon in lR.'30, spent the first ,,,,inter ill the service of Quartermaster Ingalls 
at Fort Yal1couver, ànd started in the spring for California with 
6 others to 
engage in mining. After a skirmish with the Rogue River Indians and yari- 
ous other adventures they reached the mines at Yreka, where they worked 
until the dry season forced a suspension of operations, when Cardwell, with 
E. Emery, J. Emery, and David Hm-Iey, went to the present site of Al:5hIallll 
in the Rogue Riyer Valley, and ta
ing up a claim erectcd the first saw-mill 
in that region early in 18,")2. I have derived much valuable information from 

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



:MOVEMENT OF :MINERS. 


185 


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


been received from the surveying party under T. P. Robinson, county sur- 
veyor, who was commissioned by the governor to survey the boundary line 
between California and Oregon, The party were met on the mountains by 
several gentlemen of this city, whose statement can be relied on, when they 
wer
 informed by some of the gentlemen attached to the expedition, that the 
disputed territory belonged to Oregon, and llot CaIifornía, as was generally 
supposed, This territory includes two of the finest districts in the country, 
Sailor's Diggings and Althouse Creek, hesides some other minor places not of 
much importance to either. The announcement has caused some excitement in 
that neighborhood, as the miners do not like to be so suddenly transported 
from California to Oregon. They have heretofore voted both in California and 
Oregon, although ill the former state it has causeù several contested election 
cases, and refused to pay taxes to either. It is also rumored around the city, 
for which we will not vouch, that Yreka is in Oregon. But we hardly think 
it possible, from the observations heretofore taken by scientifì.c men, which 
brings Y rcka I:> miles within the line.' C'resent City II eraid, ill D. A ita 
Gala, , June 28, 18,)4. 
21 s. F. ( fourier, July 10, 18:>0. 
22 In the early .::mmmer of IS:>û Gen. Lane, with a small party of Orego- 
Dians, viz. J Ohll Kclly, Thomas Brown, J\lartin Angell, Samuel and John 
Simondson, and Lane's Indian servant, made a discovery on the Shasta river 
near w here the town of Y reka was afterward built. The Indians prO\.ing 
troublesome the party removeù to the diggings on the upper Sacramento, but 
not finding gold as plentiful as expected set out to prospect on Pit lti\yer, from 
which place they were drivcn by the Indians back to the Sacramento where 
they wintercL\ going in February 18,)1 to Scott River, from which locality 
Lane was recalled to the \Villamette Valley to run for the office of delcgate 
to congress. Speaking of the Pit rivcr tribe, Lane says: 'The Pit ltiver 
Indians were great thicyes and mur(lcrcrs. They actually stole the blankets 
off the mcn in our camp, though I kept one man on guard all the timc. They 
stole our best horse, tied at the heall of my bcd, which consisted of a blankct 
spread on the ground, with my saddle for a pillow. They sent an arrow into 
a miner because he happened to be rolled in his blanket so that they could 
Dot pull it from him. They caught Driscoll when out prospecting, and were 
hurrying him off into the mountains whcn my Indian boy gave the alarm and 
I went to his rescuc. He was so frightened he could neither move nor speak, 
which condition of their captive impeded their progrcss. \Vhen I appeared 
hc fell ùown in a swoon. I pointed my gun, which rested on my six-shooter, 
and ordered the Illllians to leave. \Vhile they he3itated and were trying to 
flank me my Indian boy brought the canoe alongside the shore, on seeing 



186 


DISCOVERY OF GOLD IN OREGON. 


notably on Greenhorn Creek, Yreka, and Humbug 
Creek. 
The Oregon lniners ,vere by this time satisfied that 
gold existed north of the Siskiyou range. Their ex- 
plorations resulted in finding the 111etal on Big Bar of 
Rogue 
iYer, and in the cañon of Josephine Creek. 

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


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


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




fAIL SERYICE. 


187 


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


establishment of a line of steamers between Panamá and Oregon, by way of 
some port in California. At length Howlanù anù Aspinwall agreed to carry 
the mails once a month, and to put on a line of three steamers of from 1,000 
to 1,200 tons, giving cahin accommodations for about 2.3 passengers, as many 
it was thought as "voulù proba.Lly go at one time, the remainder of the vessel 
being devoted to frèight, Crosby's ,'-Jtatemput, .M:S., :J. Three steamers were 
constructed under a contract with the secretary of the navy, viz.: the Cali- 
fornia, 1,400 tons, with a single engine of 2.30 horse-power, hanùsomely fin- 
ished and carrying 46 cabin and a hundred steerage passengers; the Panamá 
of 1,100 tons, aud the Uregon of 1,200 tons, similarly built and furnished. 
32d Cony., J,"it Sess., S. Dol'. 50; lIon. Polynesian, April 7, 1849; Uti.
' p(lnarnc
 
R. R. The California left port in the autumn of 1848, arri\"ing at Val- 
paraiso on the 20th of DecemLer, seventy-four days froIll Kew York, proceed- 
ing thence to CaUao aud Panam:í, where passengers from 1\ ew York to 
Habana and Chagre were awaiting her, and reaching 
au Francisco on 
the 28th of February 1849, "vhere she was received with great enthusiasIll. 
She brought on this first trip over 12,000 letters. S. F. .Alta, California in 
PO
Hn('.';ian, April 14, 184D. See also Hist. Cal. and Cal. Inter Pocl1.la, this 
sencs. 
2;) J olm Adair at Astoria, F. Smith at Portland, George L. Curry at Oregon 
City, and J. B. .l\IcClane, at Salem. J. C. Avery was postmaster at Corvallis, 
J esse Applegate at Y oncalJa, K :F. Chadwick at Scottsburg. 
26 OJ.. Spectator, Nov. 29, 1849; Rept. oj Gen. Smith, in 31st Cong., 1st 
Se
s" S. Doc. 47, 107. 
2; Or. SpectatOì', April 18, 18.30. 



188 


DISCOVERY OF GOLD IN OREGON. 


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


28 This quotation refers to an effort on the part of certain persons to make 
Nisqually the point of distribution of the mails. Thc proposition was sus- 
tained by '''likes and Sir George Simpson, 'If they get ahead of me,' said 
Thurston in his letter, 'they will rise early and work late.' 
29 31
t (V ong ., 2d Sess., H, Ex. Doc. 1, 408, 410. This favor also was 
. chiefly the result of the representations of the Oregon delegate. A single 
letter from Oregon to the States cost 40 cents; from California 12! cents, 
before the reduction which made the postage uniform for the Pacific coast 
and fixed it at six cents a single sheet, or double the rate in the Atlantic states. 
01'. State"o17nan, :May 9, 1831. 
30 JJlcCracl.:en's Eady Stfambonting, :MS., 7; Salem Directory, 1874, 95; 
Portland Ure!lonian, Jan. 13, 1872. There was an incongruity in the law 
establishing the mail service, which provilled for a semi-monthly mail to the 
river Chagre, but only a monthly mail from Panamá up the coast. ]lejJt, of 
P. JI. Gen., in 31st Cong., 2d Sess., II. Ex. Doc. 1, 410; Or. Spectator, Aug. 
8, IS50. 
31 The Seagull was wrecked on the Humboldt bar on her passage to Ore- 
gon, Feb. 20, 1832. Or. Statesman, l\Iarch 2, 1852. 
32 (Jr. Spectator, Oct. 31, 1850, The Oreyon was transformed into a sail- 
ing vessel after many years of service, and was finally sunk in the strait of 
Juan dc Fuca by collision with the hark Germania in 18S0. Her commander 
when she first came to Oregon was Lieut. Charles P. Patterson of the navy. 



COAST SURVEY. 


189 


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


33 'The Columbia was commenced in New York by a man named Hunt, 
who lived in Astoria, under an agreement with Coffin, Lownsdale, and Chap- 
man, the proprietors, of Portland, to furnish a certain amount of money to 
build a vessel to run between 
aIl Francisco and Astoria. Hunt went east, 
and the keel of the vessel was laiù in 1849, and he got her on the ways and 
ready to launch when his money gave out, and the town proprietors of Port- 
land did not send any more. So she was sold, and Howland and Aspinwall 
bought her for this trade themselves. . .She ran regularly once a month from 
San Francisco to Portland, carrying the mails and passengers,' She was very 
stanchly built, of 700 tons register, would carry 50 or GO cabin passengers, 
with ahout as many in the steerage, anù cost $150,000. N. Y. 'Tribune, in Ur. 
SpN.tator, Dec. 12, 1850j Deady',r;; Hist. Or., 
lS., 10-11. 
81 The postal agent appointed in 1851 was Nathaniel Coe, a man of high 
character and scholarly attainments, as well as religious habits. He was a 
nativc of Morristown, New Jersey, born September ll, 1788, a whig, and a 
memLer of the Baptist church. In his earlier years he represented Alleghany 
county, New York, in the state legislature. "Then his term of office in Ore
on 
expired he remained in the country, settling on the Columbia River ncar the 
mouth of Hood River, on the eastern slope of the Cascade :l\1ountains. 'His 
mental energy was such, that neither the rapid progress of the sciences of our 
time, nor his own great age of eighty, could check his habits of study. The 
ripeneù fruits of scholarship that resulted appeared as bright as ever even 
in the last weeks of his life. He died at Hood River, his residence, October 
17 J 18G8.' VWtcouver Re[Jister J Nov. 7 J 18ti8; Dailed JJlouutaÏJteC7., Oct. 23, 1868. 



190 


DISCOVERY OF GOLD IN OREGON. 


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

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


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



WORK ACCO
IPLISHED. 


191 


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


36 Capt 'Vhite, a New York pilot, conceived the idea of establishing 
himself and a corps of competent assistants at the mouth of the Columbia, 
thereby conferring a great benefit on Oregon commerce, and presumably a 
reasonable amount of reward upon himself. But his venture, like a great many 
others prejected from the other side of the continent, was a failure. On bring- 
ing his fine pilot-boat, the JVm G. llagstaff, up the coast, in September 1849, 
he attempted to enter Rogue River, but got aground on the bar, was attacked 
by the Indians, and himself and associates, with their men, driven into the 
mountains, where they wamlered for eighteen days in terrible destitution 
bc>fore reaching Fort Umpqua, at which post they received succor. The 
Jla!fstaff was robbed and burned; her place being supplied by another boat 
called the JJIary Taylor. 'lJhe Pioneer, i. 331; Dal'idson's Coa.<;t P;tot, 112- 
13; JVilliams' S. JV. Or., l\lS. 2. It was the neglect of the Oregonians to 
make gooù the loss of Captain 'Vhite, or a portion of it, to which Bartlett 
refcrred. For the year during which 'Vhite had charge of the bar pilot- 
age G9 vessels of from 60 to 630 tons crosseù in a11128 times. The only loss 
of a yesscl in that time was that of the Jusepltine, loaded with lumber of the 
Oregon :Milling Company. She was becalmed on the bar, and a gale coming 
up in the night she dragged her anchor and was carried on the sanùs, where 
she was dismasted and abandoned. She afterward floated out to sea, being 
a total loss. George Gibbs, in Or. Spectator, 
lay 2, 1830. The pilot commis- 
sioners, consisting at this time of Gov. Lane and captains Conch and Crosby, 
.made a strong appeal in behalf of 'Vhite, but he was left to bear his losses 
and go whither he pleased. Johnson's Cal. and 01"., 234-5; Carrol's Star of 
the JVe
t, 290-5; Stevens, in Pac. R. R. Rept" i. 109, 291-2, Gl.3-IG; Poly- 
npslan, July 20, 1830. The merchants finally advanced the pay of pilots so 
as to be remunerative, after which time little was hearù about the terrors of 
the Columbia bar. 



192 


DISCOVERY OF GOLD IN OREGON. 


there being only fifteen miles of sand on this part of 
the coast. 37 Little attention \vas given to any bay or 
stream north of the U nlpqua, l\lcArthur offering it 
as his opinion that they \vere accessible by small boats 
alone, except Yaquina, 'v hich nlight, he conjectured, 
be entered by vessels of a larger class. 
It \vill be remembered that the Samuel Robe1'1ts 
entered the Umpqua August 6, 1850, and surveyed 
the n1üuth of the river, and the river itself to Scotts- 
burg. As the E11!ing did not leave the Colunlbia 
until the 7th, McArthur's survey was subsequent 
to this one. He crossed the bar in the second cutter 
and not in the schooner; and pronounced the channel 
practicable for stealners, but dangerous for sailing 
vessels, unless under Ütvorahle circunlstances. Slight 
exanlination ,vas made of Coos Bay, an opinion being 
fornled froln simply looking at the mouth that it \vould 
be found available for steanlers. The Coquille River 
,vas said to be only large enough for canoes; and 
Rogue River also unfit for sailing vessels, being so 
narro\v as to scarcely afford roon1 to turn in. So 
much for the Oregon coast. As to the Klamath, 
while it had l110re water on the bar than any river 
south of the Columbia, it \vas so narrow and so rapid 
as to be unsafe for sailing vessels. 8s 
This was a very unsatisfactory report for the pro- 
jectors of seaport towns in southern Oregon. It \vas 
almost equally disappointing to the naval and post- 
office departlnents of the general government, and to 
the mail contractors, ,vho \vere then still anxious to 
avoid running their steamers to the Columbia, and 
detern1ined if possible to find a different Inail route. 
The recommendation of the postmaster-general at the 
instance of the Oregon delegate, that they should be 
required to leave the mail atScottsburg.aslhave 
lllentioned, induced them to Inake a special effort to 


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



PORT ORFORD ESTABLISHED. 


103 


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


89 'Villiam Tichenor was born in Newark, N. J., June 13, 1813, his ances- 
tor Daniel Tichenor being one of the origilk1.1 proprietors of that town. He 
followed the sea;makillg his first voyage in 1823. In 1833 be married and 
went to Indiana, but could not remain in the interior. After again making 
a sea voyage he tried living in Edgar county, Illinois, where he represented 
the ninth senatorial district. In 1846 he recruited two companies for the 
regiment commanded by Co!. E. D. Baker, whom he afterward helped to 
elect to the U. S. senate from Oregon. Tichenor came to the Pacific coast in 
1849, anJ having mined for a short time on the American ltiver, purchased 
the schooner J. ill. Ryerson, and sailed for the gulf of California, exploring 
the coast to San Francisco and northward, diseo\'ering the bay spoken of 
aboye. He finally settlcù at Port Orford, and was three times electeJ to the 
lower house of the Oregon legislature, and once to the senate. He took up 
the study of law and practised for 16 years, and was at one time county 
judge of Curry county. Yet during all this time he never quite gave up sea- 
faring. Leitel' of Tichenor, in JIistorical Corrfspondcnce, :MS. 
40 Port Orford was established and owned by Capt. Tichenor. T. Bntler 
King, collector of t
1e port of San Francisco, James Gamble, Fred 
1. Smith, 

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



194 


DISCOVERY OF GOLD IN OREGON. 


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




 
THE AB.A.NDONED SETTLE:MENT. 


19j 


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


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



196 


DISCOVERY OF GOLD IN OREGON. 


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

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


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


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



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


197 


particularly as the expedition ,vas made up of iln- 
n1Ïgrants of the preyious year, ,vith little or no 
kno,yledge of the country, or of nlountain life. Only 
t\yO of then1, \Villianls and Lount, both. young lllcn 
froln 1\Iichigan, ,vere good hunters; and on theln 
,yould depend the food supply after the ten days' ra- 
tions ,vith 'v hich each nlan ,vas furnished should be 
exhausted. 
Nothing daunted, ho,vever, they set out on horses, 
and proceeded south,vard along the coast as far as the 
n10uth of Rogue River. The natives along the route 
,yere numerous, but shy, and on being approached fled 
into the ,voods. At Rogue River, ho,veyer, they 
assun1ed a different air, and raised their bo\vs threat- 
eningly, but on seeing gHI1S levelled at them desisted. 
During the nlarch they hovered about the rear of 
the party, \vho on caillping at night selected an open 
place, and after feeding their horses burned the grass 
for t\VO hundred yards around that the savages n1Ïght 
not have it to hide in, keeping at the saIne tinle 
a double guard. Proceeding thus cautiously they 
avoided collision ,vith these savages. 
\Vhen they had reached a point about fifty miles 
froin t11e ocean, on the north bank of Rogue River, 
having lost their ,yay and provisions becollling low, 
SOll1e ùeterluined to turn back. T'Vault, ull,villing 
to abandon the adventure, offered increased pay 
to such as ,vould continue it. Accordingly nille 
,,-ent on ,vith hilll to\vard the valley, though but one 
of them could be depended upon to bring in game. 45 
The separation took place on the 1st of Septernoer, 
the advancing party proceeding up Rogue River, by 
'v hich course they \vere assured they could not fail 
soon to reach the travelled road. 
On the evening of the 9th they came upon the 


45 This was Williams. The others wcre: Patrick J\lurphy, of New York; 
A. S. Doherty and Gilbert TIrnsh, of Texas; Cyrus Hcdden, of Newark, N. 
J.; John P. Holland, of Xew Hampsbire; T, J. Davenport, of l\Jassachusetts; 
Jeremiah Ryan, of l\larylanù; J. P. Pepper) of Kew York. Alta CalifÚ'i"Jlìa J 
Oct 14. 1831. 



198 


DISCOVERY OF GOLD IN OREGON. 


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

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

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



THRILLING INCIDENTS. 


199 


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

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


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



200 


DISCOVERY OF GOLD IN OREGON. 


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


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


possession of his rifle, which being discharged in the contest, for a moment 
gaye him relief by frightening his assailants. Amidst the yells of Inùians and 
the cries and groans of comraùes he forced his way through the infuriateJ 
crowd with the stock of his gun, being completely surrounded, fighting in a 
circle, and striking in all directions. Soon only the barrel of his gun remained 
in his hanùs, with which he continued to deal heavy blows as he advanced 
along a picce of open ground toward the forest, receiving blows as well, one 
of which felled him to the ground. Quickly recovering himself, with one 
desperate plunge the living wall was broken, and he darted for the woods. 
As he ran an arrow hit him between the left hip and lower ribs, penetrating 
the abùomen, and bringing him to a sudden stop. F'Ï11ding it impossible to 
move, he drew out the shaft which broke off, leaving one joint of its length, 
with the barlJ. in his body. So great was his excitement that after the nrst 
sensation no pain was felt. The main party of Indians being occupicd with 
rifling the bodies of the slain, a race for life now set in with about a dozen of 
the most persistent of his enemies. Though several times struck with arrows 
he ran down all but two who placed themselves on each side about ten feet 
a.way shooting every instant. Despairing of escape Williams turned on them, 
but while he chased one the other shot at him from behind. As if to leave 
him no chance for life the suspenders of his pantaloons gave way, and being 
impeded by their falling down he was forced to stop and kick them off, 'Vith 
his eyes and mouth filled with blood from a wound on the head, blinded and 
despairing he yet turned to enter the forest when he fell heaùlong. At this 
the India,ns rushed upon him sure of their prey; one of them who carrÏeLl a 
captured gun attempted to fire, but it failed. Says the narrator: 'The sick- 
ening sensations of the last half hour were at once dispelled when I realizcd 
that the gun had refused to fire. I was on my feet ill a moment, rifle barrel 
in hand. Instead of running I stood firm, and the Indian with the rifle also 
met me with it drawn by the breech. The critical moment of the whole 
affair had arrived, and I knew it must be the final struggle. The first two or 
three blows I failed utterly, and received some severe bruises, but fortune 
was on my side, and a lucky blow given with unusual force fell upon my an- 
tagonist kiUing him almost instantly. I seized the gun, a sharp report fol- 
lowed, and I had the satisfaction of seeing my remaining pursuer stagger and 
fall dead.' Expecting to die of his wounds \Villiams entered the shadow of 
the", ouds to seek a place where he might lie down in peace. Soon afterward 
he fell in with Hedùen, who had escaped uninjured, and who with some 
frien(lly Indians assistecl him to reach the Umpqua, where they arrived after 
six days of intense suffering from injuries, famine, and cold, and where thcy 
found the brig Almira, Capt. Gibbs, lying, which took them to Garùincr. All 



COOS BAY AND PORT ORFORD. 


201 


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


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


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



202 


DISCOVERY OF GOLD IN OREGON. 


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



YAQUINA BAY. 


203 


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


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


56 The Nassau was wrecked at the entrance to the Umpqua a few months 
later. Or. Statesman, Sept. 18, 1852. From 1830 to 1832 five vessels were 
lost at this place, the BO:itonian. .1Yas8au, A [mira, Ordtilla, and Cll1t:,b Curte& 
6732d Coug., 2d Se.
.<;., II. R. Ex. Doc. 1, pt. ii. 103-9. 
68 Dr l\IcLoughlin, Hugh Burns, ,Yo C. Griswold, and 'V. H. Barnhart 
responded to the appeal of the shipwrecked, and furnished the means of their 
rescue from suffering. Or. Statpsman, l\Iarch 2d and April 6, 1832. 
59 Of marinc disasters there seem to ha,ye been a great numLer in 1851-2. 
The most appalling was of the steam propeller General JVarren, Captain 
Charles Thompson, which stranded on Clatsop spit, after passing out of the 
Columbia, Jan, 28, 1832. The steamer was found to be leaking badly, anù 
Leing put about could not make the river again. She broke up almost imme- 
diately after striking the sands, and by daylight next morning there was only 
enough left of the wreck to afford stalHling room for her passengers and crew. 
A boat, the only one remaining, was dcsIJatcbed in charge of the bar pilot to 



204 


DISCOYERY OF GOLD IN OREGON. 


although the immigration of 1851 was not ITIOre than 
a third as 111uch as that of the previous year, there 
,,-ere people enough running to and fro, looking for 
He\V ellterprises, to in1part an interest to each fresh 
revelation of the resources of the territory. 


Astoria for assistance. On its return nothing could be found but some float- 
ing fragments of the vessel. Not a life was sa,-eù of the 52 persons on hoard. 
Úr, Statps1rwll, Feb. 10th and 24, 1832; Ill., :\larch 9, 18.")2; Sman';; .lY. JV. 
Coast, 239; Portland Ure[}onia:n, Feb. 7, 1832; S. F. Alta" Feb. 16, 1832. 



CHAPTER VII. 


L
DIAN AFFAIRS. 
18:51. 


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


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


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



206 


INDIAN AFFAIRS. 


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


Immediately upon the passage of an act by congress, 
extinguishing Indian titles west of the Cascade l\loun- 
tains in 1850, the president appointed superintendent 
of Indian affairs, Anson Dart of \Visconsin, \vho ar- 
rived early in October, accolnpanied by P. C. Dart, 
his secretary. Three Indian agents were appointed 


lantly braved the floods and storms of winter to save our property, wiyes, and 
daughters from the rapine of a lawless soldiery,' which statement, howsoever 
it pictures puLlic sentiment, smacks somewhat of the usual electioneering 
exaggera tion. 
i 'He had a particularly happy faculty for what we would call domestic 
electioneering. He did not make speeches, but would go around and talk with 
families. They useù to tell this story aLout him, and I think it is true, that 
what he got at one place, in the way of seeds or choice articles, he distributed 
at the next p]ace. He brought these, with candies, and always kissed the 
children.' Stroug's IJi.o.;t. Or., 118., 41. 
ã Lane's Avtobiography, 
.!S., 62; Or. Spectator, July 4, 1851; Amer. Al- 
manac, 1852, 223; 'l'ribune Almanac, 1852, 51; Overlmul .illontltl!f, i. 37. 



SUPERINTENDENT fu
D AGENTS. 


2fY7 


at the same time, nalnely: A. G. Henry of Illinois, 6 
H. H. Spalding, a.nd Elias Wanlpole. Dart's instruc- 
tions froln the commissioner, under date of July 20, 
1850, \vere in general, to govern himself by the in- 
structions furnished to Lane as ex-officio superintend- 
ent,7 to be modified according to circumstances. The 
nUlnher of agents and subagents appointed had been 
in accordance with the reconlmendation of Lane, and 
to the information contained in Lane's report he \vas 
requested to give particular attention, as \vell as to 
the suppression of the liquor traffic, and the enforce- 
IDent of the penalties provided in the intercourse act 
of 1834, and also as amended in 1847, making one or 
t\VO years' imprisonIl1ent a punishment for furnishing 
Indians \vith intoxicating drink. 8 A feature of the 
instructions, showing Thurston's hand in this matter, 
\yas the order not to purchase goods from the Hud- 
son's Bay COlllpany for distribution among the Indians, 
but that they be purchased of American merchants, 
and the Indians taught that it \vas from the Anleriean 
government they recei ved such benefits. It \vas also 
forbidden in the instructions that the company should 
have trading posts \vithin the linlits of United States 
territory,9 the superintendent being required to pro- 
ceed \vith them in accordance ,vith the terms of the 
act regulating intercourse \vith the Indians. 
6 Thurston, who was much opposed to appointing men from the east, wrote 
to On
gon: 'Dr Henry of Illinois was appointed Indian agent, helù on to it 
a while, drew $750 under the pretence of going to Oregon, and then resigned, 
leaving the government minus that sum. Upon his resigning l\Ir Simeon 
Francis was nominated. first giving assurance that he would leave for Oregon, 
but insteaù of doing so he is at home in Illinois.' Or. Spectator, April 10, IS.31. 
7318t Cony., 1st 8ess., S, Doc. 52, 1-7, 154-80. 
8 It should be here mentioned, in justice to Thurston, that when the Indian 
bill was undcr consideration by the congressional committees, it was brought to 
his noticc by the commissioner, that while Lane had given much information on 
the number and condition of the India.ns, the number of agents neccssary, the 
amount of money necessary for agency Luildings, agents, expenses, and presents 
to the Inùians, he haù neglected to state what tribes shoulù be bought out, 
the extent of their territory, what woulil be a fair price for the lands, to 
what place they should he removed, and whether such lanùs were vacant. 
Thurston furnished this information according to his conception of right, and 
had the bill frame(l for the extinguishment of titles in that part of Oregon, 
which was rapidly filling up with white settlers. See Letter of Urlalldo Brown, 
OJmmiss'ioner, in Or. Spectator, Oct. :31, 1830. 
9318t Cong.,:Jd Bess., H. Ex. Doc. 1,149. 



208 


INDIAN AFFAIRS. 


-v- 


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


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



LAND TITLES. 


209 


They ,vere to fix upon an an10unt of money to be 
paill, and agree upon an annuity not to exceed five 
per cent of the \v hole an1ount. It \yas also advised 
that 1110ney be not en1ployecl, but that articles of use 
should be substituted; and the natives be urged to 
accept such things as \vould assist thelll in becon1Ïng 
farn1ers and lllechanics, and to secure llledical aid 
and education. If any money remained after so pro- 
viding it n1Îght be expended for goods to be delivered 
annually in the Indian country. The sum of t\venty 
thousand dollars \vas to be applied to these oLjects; 
fifteen thousand to be placed at the disposal of Gov- 
ernor Gaines, at the sub-treasury, San ]'rancisco, and 
to be accounted for by vouchers; and five thousand 
to Le invested in goods and sent round Cape Horn 
for distribution an10ng the Inòians. The co nU11Ïs- 
sioners ,vere allo\ved n1ileage for thenlselves and 
secretary at the rate of ten cents a lni]e, together 
\vith salaries of eight dollars a day during service for 
each of the COllllllissioners, and five dollars for the 
secretary. They 'v ere also to have as 111any interpret- 
ers and assistants as they might deenl necessary, at 
a proper compensation, and their travelling expenses 
paid. 11 
Such ,vas the flattering prospect under which the 
Indian agency business opened in Oregon. Truly, a 
governnlent must have faith in its servants to place 
such teulptations in their \vay. Frauds innu1l1erable 
,vere the result; from five hundred to five thousanù 
dollars \vould be paid to the politicians to secure an 
agency, the returns fronl which investnlent, \vith 
hundreds per cent profit, must be made by systenlatic 
peculations and pilferings, so that not one quarter of 
the llloneys appropriated on behalf of the Indians 


the States; and it is merely mentioned to show that some important consider. 
ation has always been involved when so large a price has bcen givcn. It is 
not for a moment to be supposed that any such consideration can be involved 
in any purchases to be made Ly you, and it is supposed a very small portion 
of that price will be required.' A. S. Loughery, Acting Commissioner, in 31st 
Cong., 2d Bess., II. Ex. Doc. 1, 147. 
1l31st Cml!}., 2ll 8e.
s., H. Ex. Doc. 1, 145-51; Hayes' Scraps, iv. 9-10. 
BIST. OR., VOL. ll. 14: 



210 


Thì)IAN AFFAIRS. 


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



TREATIES. 


211 


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

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


12 No mention is made of the price paid for these lands, nor have I seen 
these tr{'aties in print. 
13 This is the report of the commissioners, though the description of the 
lands purchased is different in the Spe(.tatm o of 
Iay 1.3, 18,)1, where it is sait! 
that the purchase included all the east side of the valley to the head-waters 
of the \Villamette. 
1-1 The native eloquence, touched and made pathetic by the <1.espondencyof 
the natives, being quoted in public by the commissioners, suhjected them to 
the ridicule of the anti-administration journal, as for instance: 'In this city 
Judge Skinner spent days, and for aught we know, weeks, in interpreting 
Slacum's jargon speeches, while Gaines, swclliDg with consequence, pronounced 
them more eloquent than the orations of Demosthenes or Cicero, and peddled 



212 


INDIAN AFFAIRS. 


In order to give the Indians the reseryations they 
desired it \vas necessary to include SOlne tracts clailnell 
by settlers, \vhich ,vould either have to be vacated, 
the government paying for their improvenlellts, or the 
settlers cOlnpelled to live alllong the Indians, an altcr- 
nati\
e not likely to cOlnmend itself to either the set- 
tlers or the governlnent. 
A careful sUIl1nling-up of the report of the c01l1nlis- 
sinners sho\ved that they had simply agreed to pay 
ann uities to the Indians for t\venty years, to n1ake 
then1 presents, and to build then1 houses, 'v hile the 
Indians still occupied lands of their o\vn choosing in 
portions of the valley already being settled by ,,
hite 
people, and that they refused to accept teachers, either 
religious or secular, or to cultivate the ground. By 
these tern1S all the hopeful then1es of the con1n1Ïssioner 
at vVashington fell to the ground. And yet the gov- 
crnn1ent ,vas begged to ratify the treaties, because 
hlilure to do so \vould add to the distrust already felt 
l)y the Indians from their frequent disappointnlents, 
and Inake any further negotiations difficult. 15 
A bout the time the last of the six treaties ,vas 
concluded information was received that congress, by 
act of the 27th of February, had abolished all special 
Indian commissions, and transferred to the superin- 
tendent the power to make treaties. All but three 
hundred dollars of the twenty thousand appropriated 
under the advice of Thurston for this branch of the 
service had been expended by Gaines in fi ve \veeks of 
ahsurd Inagnificence at Chalnpoeg, the paltry ren1ain- 
dcI' bcing handed over to Superintendent Dart, \vho 
received no pay for the extra service \vith ,vhich to 
dcfray the expense of 111aking further treaties. Thus 
ended the first essay of congress to settle the question 
of title to Indian lands. 


them about the town. . . This ridiculous farce made the actors the laughing- 
stock of the boys. and even of the Imlians.' O'/'. Statesman, Nov. (3, 18.)
. 
15 Report of Commisðioners, in 3>.:d Cong., 1st Bess., H. Ex. Doc. 2, pt. 
iii. 471. 



ANSO
 DART. 


213 


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


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

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



214 


I
T])IAN AFFAIRS. 


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


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



A RIGHTEOUS JUDGE. 


215 


Concerning that part of his instructions to encour- 
age n1issionaries as teachers among the Indians, Dart 
had little to say; for \vhich reason, or in revenge for 
his dislnissal, Spalding represented that no An1erican 
teachers, but only Catholics and foreigners ,vere given 
perlnission to enter the Indian country.19 But as his 
nalne ,vas appended to all the treaties n1ade \y hile he 
,vas agent, ,vith one exception, he lTIUSt have been as 
guilty as any of excluding Alnerican teachers. The 
truth \vas that Dart pron1Ïsed the Indians of eastern 
Oregon that they should not be disturbed in their 
religious practices, but have such teachers as they pre- 
ferred. 20 This to the sectarian Protestant n1ind ,vas 
simply atrocious, though it seelned only politic and 
just to the unbiassed understanding of the superin- 
tenden t. 
With regard to that part of his instructions relating 
to suppressing the establishments of the Hudson's 
Bay Company in Oregon, he informed the con1mis- 
sionerthat he found the company to have rights ,vhicll 
pro111pted him to call the attention of the governn1ent 
to the subject before he atten1pted to interf
re \vith 
then1, and suggested the propriety of purchasing those 
rights instead of proceeding against British traders 
as crin1inals, the only accusation that could be brought 
against theln being that they sold better goods to the 
Indians for less 1110ney than An1erican traders. 
And concerning the intercourse act prohibiting the 
sale of intoxicating liquors to the natives, Dart re- 
ll1arked that although a good deal of liquor ,vas con- 


19 This charge being deemed inimical to the administration, the President 
denied it in a letter to the Philadelphia Daily Sun, Aprillt;32. The matter 
is referred to in the Or, Stal(sman, June 15th and July 3, 1852. See also 
.Home .JIis,<;ionary, 'TO!. lxxxiv. 276. 
20 In 1832 a Catholic priest, E. C. Chirouse, settled on a piece of land at 
'Valla 'Valla, making a claim under the act of congress establishing the ten'i- 
torial government of \Vashington. He failed to make his final proof according 
to law, and the notification of his intentions was not filed till 1800, whcn 
Archbishop Blanchet made a notification; but it appeared that whatever title 
there was, was in Chirouse. He relinquished it to the U. S. in 1862, but it was 
then too late for the Catholic church to set up a claim, and the archbishop's 
notification was not allowed. Portland Oregonian, :March 16, 1872. 



216 


INDIAN AFFAIRS. 


sumed in Oregon, in S0111e localities the Indians used 
less in proportion than any others in the United 
States, and referred to the difficulty of obtaining 
evidence against liquor sellers on account of the la\v 
of Oregon excluding colored \vitnesses. He also gave 
it as his opinion that except the Shoshones and Rogue 
River Indians the aborigines of Oregon \vere nlore 
peaceable than any of the uncivilized tribes, but that 
to keep in check these savages troops \vere indispen- 
sable, recollunending that a company be stationed in 
the Shoshone country to protect the next year's in1- 
nligration. 21 Altogether Dart seeillS to have been a 
fair and reasonable man, \vho discharged his duty under 
unfavorable circurnstances \vith prornptness and good 
sense. 


21 Eighteen thousand dollars worth of property was stolen by the Shoshones 
in 1831; many white men were killed, and more wounded. IIutchison Clark, 
of Illinois, was driving, in advance of his company, with his mother, sister, 
and a young brother in the family carriage near Raft River 40 miles west of 
Fort Hall, when the party was attacked, his mother and brother killeù, and 
:Miss Grace Clark, after being outraged and shot through the body and wrist, 
was thrown over a precipice to die. She alighted on a bank of sand which 
broke the force of the fall. The savages then roll
d stones over after her, 
some of which struck and wounded her, notwithstanding all of which she 
survived and reached Oregon alive. She was married afterward to a l\Ir 
Vandervert, and settled on the coast branch of the 'Villamette. She died 
Feb. 20, 1873. 'Vhen the train came up and discm'ered the bloody deed and 
that the Indians had drÏ\Ten off over twenty valuable horses, a company was 
formed, led by Charles Clark, to follow and chastise them. These were driven 
back, however, with a loss of one killed awl one wounded. A brother of this 
Çlark family named Thomas had emigrated in 1848, and was awaiting the 
arrival of his friends when the outrages occurred. Or. Statet5man, Sept. 23, 
18.31. The same band killed 
Ir 
1iller, from Virginia, and seriously wounded 
his daughter. Thcy killed Jackson, a brother-in-law of 
Iiller, at the same 
time, amI attacked a train of twenty wagons, led by IIarpool, being repulsed 
with some loss. Other parties were attacked at different points, and many 
persons wounded. O'J". Spcctator, Sept. 2, 1831; Barnes' Ur. and Ced" 
IS., 
26, Haymond, superintendent at Fort Hall, said that :-n emigrants had been 
shot by the Shoshones and their allies the Bannacks, 01'. Statesman, Dee, 9, 
1851; S, F. Alta, Sept. 28, 1831. The resi(lents of the country were at a loss 
to account for these outrages, so bold on the part of the savages, and so 
injurious to the white people. It was said that the deeline of the fur-trade 
compelled the Indians to robbery, and that they willingly availed themselves 
of an opportunity not only to make good their losses, but to be avenged for 
any wrongs, real or imaginary, which they haJ ever suffered at the hand.;; of 
white men, A more obvious reason might ùe found in the withdrawal of the 
influence wielded over them by the Hudson's Bay Company, who being now 
under Unite(I States and Oregon la.w was forbidden to furnish ammunition, 
and was no longer esteemed among the Indians who had nothing to gain by 
obedience. Some of the emigrants professed to believe the Indian hostili- 
ties directly due to l\lormon influence. David Newsome of the immigration 



MORE PRO
lISES. 


217 


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


of 1831 says: 'Every murder, theft, and raid upon us from Fort Laramie to 
Grande Ronde wo oould trace to :l\lormon influences and plans. I recorùeù 
very many instances of thefts, robberies, and murders on the journey ill my 
journal.' Portland JVe8t Shore, Feb. 1876. I find no groUlHI whatever for this 
assertion. But whatever the cause, they were an alarming feature of the time, 
and called for government interference. Hence a petition to congress in the 
memorial of the legislature for troops to be stationed at the several posts 
selecteù in 184!> or at other points upon the road; and of a demand of Lane's, 
that the rifle regiment should bo returned to Oregon to keep the Indians in 
check. 32d Cong" l.o;t Se.
.<::" Cony. Globe, 1831-2, i. 507. 'Yhen Superintend- 
ent Dart was in the Kez Percé country that tribe complained of the depreda- 
tions of the Shoshones, and wished to go to war. Dart, however, exacted a 
promise to wait a year, and if then the United States had not redressed their 
wrongs, they should Le left at liberty to go against their enemies. If the Nez 
Percés had Leen allowed to punish the Shoshones it would have saved the 
lives of many innocent persons and a large amount of go\-ernment money. 
22 Or. Statesman, Aug. 19, 18.31; 0,.. SpectatO'i., Dec. 2, 18.31. 



218 


INDIAN AFFAIRS. 


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


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


23 32d Gony., 1.çt Bess., II. Ex. Doc. 2, pt. iii. 483. 
24 After his return from his expedition east of the Cascade Range, Dart 
seemed to have practised an economy which was probably greatly suggested 
by the strictures of the democratic press upon the proceedings of the previous 
commission. 'All the expense,' he says, referring to the Coquille country, 
'of making these treaties, adding the salaries of the officers of go,-ernment, 
while thus engaged, would make the cost of tbe land less than one cent anù 
a half per acrc.' 32c1 Gong., 1st Sess., Ii. Ex. Doc. 2, pt. iii. And in the 
California Courier he says tbe total cost of negotiating the whole thirtecn 
treaties was, including travelling expenses, about $3,000. Or. Statesman, 
Report, Dec. 9, 1801. 
2å 1lonolulu, Friend, Aug. 24, 1850. 
2611ancock's Thirteen Years, 
lS.; Johnson's Cal. and Or., 121-2, 133. 



LANE AT ROGUE RIVER. 


219 


falling on them should they prove unwary. After 
several companies had been attacked the llliners turned 
upon the Indians and becan1e the assailants. And to 
stop the stealing of canoes, left for the convenience of 
those in the rear, some n1Ïners concealed thelllsel ves 
and lay in \vait for the thieves, ,vho \vhen they en- 
tered the canoe ,vere shot. Ho\vever bcneficiaÏ this 
lllay have been for the protection of the ferry it did 
not lllend 111atters in a general ,yay. If the Indians 
had at first been instigated sinlply by a desire for 
plunder,2ì they had no\v gained from the retaliation 
of the An1ericans another 1110tive-revenge. 
In the spring of 1850 a party of Ininers, \vho had 
collected a considerable SUIll in gold-dust in the placers 
of California and ,vere returning home, reached the 
Rogue River, crossing one day, to\vard sunset, and 
encamped about R,oC?k Point. They did not keep a 
very careful ,vatch, and a sudden attack caused them 
to run to cover, ,vhile the Indians plundered the canlp 
of everything of value, including the bags of gold- 
dust. But one 111an, \vho had his treasure on his per- 
son, escaped being robbed. 
It \yas to settle ,yith these rogues for this and like 
transactions that Lane set out in 
Iay or June 1850 
to visit southern Oregon, as before 11lentioned. The 
party consisted of fifteen \vhite 111en, and the saUle 
nuulber of IClickitats, uuder their chief Quatley, the 
detern1ined el1enlY of the Rogue River people. Quat- 
ley ,vas told '\vhat \vas expected of him, ,vhich ,vas 
not to fight unless it becol11e necesary, but to assist 
in n1aking a treaty. They overtook on the ,vay SOllle 
cattle-drivers going to California, \vho travelled \vith 
27 Barnes' 01., and Cal,. MS., 13. Says Lane, speaking of the chiC'f at 
Rogue Rh"er, O\-er whom he ohtained a strong influence: 'Joe tolù me that 
the first time he shed white blood, he. with another Indian, discovered late 
in the afternoon two whitt's on horseback passin:5 through thcir country. At 
first they thought these might he men intending SOllie mischief to their people, 
but haYing watched them to their camp and seen them build their fire for the 
night, they cOllceÏ\-ed the idea of murdering thcm for the sake of the horses 
and luggage. This they did, taking their scalps, After that they always 
killed any whites they could for the sake of l)lunder.' AutobioyralJhy, 1\18., 
148. 



220 


INDIAN AFFAIRS. 


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



A HOSTILE CO
FEREXCE. 


221 


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



8 , The morning after the chief had been made a prisoner his old wife (he 
had several others, but said he only loved his first wife) came very cautiously 
to the baIlk of the river opposite, and asked to come over and stay with 
her chief; that she did not wish to be free while he was a prisoner. She 
was told to come and stay, and was kindly treated.' Lane' 8 .A. utobiography, 

lS., Ð4-5. . 



222 


INDIAN AFFAIRS. 


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


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


2
 Like many another old soldier Lane loved to boast of his exploits. 'He 
asked the interpreter the name of the white chief,' says the general, 'and re- 
quested me to come to him as he wanted to talk. As I walkcd up to him he 
said, "l\lika name J 0 Lane?" I saiù, "Nawitka," which is" Yes." He said, 
" I want you to giye me your namc, for," said he, 'õ I have seen no man like 
you. " I told the interpreter to say to him that I would gi ye him half my 
namc, but not all; that he should be called Jo. He was much pleased, and to 
the day of his death he was known as Jo. At his request I named his wife, 
calling her Sally. They had a son and a daughter. a lad of fourteen, the girl 
being about sixteen. She was quite a young queen in her manner and bear- 
ing, and for an Indian quite pretty. I named the boy Ben, and the girl 
:Mary.' Lane's A'lltobiograpllY, 
IS., 96-8. 
30 Sacramento Transcript, Jan. 14, 1831. Lane had. his adventures in the 
mines, some of which are well told in his Autobiography. 'Vhile on Pit 
River, his l\iodoc boy, whom he named John, and who from bcing kindly 
treated became a devoted servant, was the means of saving his life and that 
of an Oregonian named Driscoll. pp. 88-108. 
81 Cardwell, in his Emig'J"a1lt Company, )1S., 2-11, gives a history of his 
personal experience in travelling through and residing in Houthern Oregon in 
1851 with 27 othcrs. The Cow-cr
k Indians followed and annoyed them for 
Borne distance, when finally one of them was shot an(l wounùed in the act of 
taking a horse from camp. At Grave creek, in Rogue River Vallcy, three 



UPRISING OF THE 
1IKERS. 


223 


soon becalne evident that J 0, even if he ,vere honestly 
intentioned, could not keep the peace, the annoying 
and often threatening dell1onstrations of his people 
leading to occasional o'
ert acts on the part of the 
lllillers, a circu1l1stance likely to be construed by the 
Indians as sufficient provocation to further and lllore 
pronounced hostility. 
80111e time in J\lay a young man named Dilley ,vas 
treacherously 11lurdered by two Rogue River Indians, 
,vho, professing to be friendly, \vere travelling and 
carnping ,vith three \vhite men. They rose in the 
night, took Dilley's gun, the only one in the party, 
shot him ,vhile sleeping, and lllade off \vith the horses 
and property, the other t,vo nlen fleeing back to a 
conlpany in the rear. On hearing of it thirty Illcn 
of Shasta forn1ed a C0111pany, headed by one Long, 
InarC'hed over the Siskiyou, and conling upon a band 
at the crossing of Rogue River, killed a sub-chief and 
one other Indian, took t\VO \varriors and t\VO daughters 
of another chief prisoners, and held them as hostages 
for the delivery of the 11lurderers of Dilley. The chief 
refused to give up the guilty Indians, but threatened 
instead to send a strong party to destroy Long's COlll- 
. 
Indians pretending to be friendly offered to show his party where gold could 
be found on the surface of the ground, telling their story so artfully that 
cross-questioning of the three separately did not show any contradiction in 
their statements, and the party consented to follow these guides. On a plain, 
subscquently known às Harris flat, the wagons stopped and 11 men were left 
to guard them, while the rest of the company kept on with the Indians. They 
were led some distance up Applegate creek, where on examining the bars fine 
gr)l<l was found, but none of the rromised nuggets. \Vhen the men began 
prospecting the stream the Indians collected on the sides of the hills above 
them, yelling and rolling stones down the descent. The miners, howe"er, 
continued to Bxamine the bars up the stream, a part of them standing guard 
rifle in hand; working in this manner two days and encamping in open ground 
at night. On the evening of the second day their tormentors withdrew in 
that mysterious manner which precedes an attack, and Cardwell's party fled 
in haste through the favoring darkness relieved by a late moon, across the 
ridge to Rogue River. At Perkins' ferry, just established, they found Chief 
J 0, who was rather ostentatiously protecting this first white settlement. 
'Vhile breakfasting a pursuing party of Indians rode up wit.hin a short dis- 
tance of camp where they were stopped by the presented rifles of the white 
men. J 0 called this a hunting party an(l assured the miners thcy should not 
be molested in passing through the country; on which explanation and. 
promise word was sent to the wagon train, and the company proceeùed across 
the Siskiyou :Mountains to Shasta flat, where they discovered good mines on 
the 12th of March. 



224 


INDIAN AFFAIRS. 


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


One of Thurston's measures had been the removal 


82 Or. Statesma1l, June 20, 1851; Or. Spectator, June 19, 1851. 
83 On the 1st of June 26 men were attacked at the same place, and an 
Indian was killed in the skirmish. On the 2d four men were set upon in this 
camp and robbed of their horses and property, but escaped alive to Perkins' 
ferry; and on the same day a pack-train belonging to one Nichols was robbed 
of a number of animals with their packs, one of the men being wounded in the 
heel by a ball. Two other parties were attacked on the same day, one of 
which lost four men. On the 3d of June l\lc13ride and 31 others were attacked 
in camp south of Rogue River. A. Richardson, of San J osé, California, James 
Barlow, Captain Turpin, .,J esse Dodson and son, Aaron Payne, Dillard Hol- 
man, Jcsse Runnels, l)resley Lovelady, and Richard Sparks of Oregon were 
in the company and were commended for bravery. Ur. Statc8rnan, June 20, 
1831. There '\-vere hut 17 guns in the party, while the Indians numbered over 
200, having about the same number of guns besides their bows and arrows, 
and were led by a chief kno'wn as Chucklehead. The attack was made at 
daybreak, and the battle lasted four hours and a half, when Chucklehead bcing 
killed the Indians withdrew. It was believed that the Rogue River people lost 
seycral killed and wounded. None of the white men were seriously hurt, owing 
to the bad firing of the Indians, not yet used to guns, not to mention their 
station on the top of a hill. Three horses, a mule, and $1,.300 worth of other 
property and gold-dust were taken by the Indians. 



REñIOV AL OF SOLDIERS. 


2:?5 


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

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


84 Brackett's U. S. Oavalry, 129; Or. Spectator, April 10, 1851; Or. States- 
man, l\Iay 30, 1831; 32d Cong., 1st Bess., H. Ex. Doc. 2, pt. i. 144-53. 
35 Y on call a is a compound of gone, eagle, and calla or calla-calla, bird or 
fowl. in the Indian dialect. It was applied as a name to a conspicuous butte 
in the Umpqua Valley, at the foot of which Jesse Applegate made his home, 
a large and hospitable mansion, now going to ruin. Applegate agreed to 
assist Kearney only in case of a better route than the cañon road being dis- 
coyered: his men should put it in condition to be trayelled by the immigra- 
tion that year, to which Kearney consented, and a detachment of 28 men, 
under Lieutenant 'Villiamson, accompanied by Levi Scott as well as Apple- 
gate, began the reconnoissance about the 10th of June, the main body of 
KeanlCY's command travelling the old road. It was almost with satisfaction 
that Applegate and Scott found that no better route than the one they 
opened in 1846 could be discovered, since it removed the reproach of their 
RIST. On,. VOL. II. 15 



226 


INDIAN AFFAIRS. 


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


enemies that they were to blame for not finding a hetter one at that time. 
None other has ever been found, though Appbgate himself expected when 
with Kearney to be able to get a roaù saving 40 miles of travel. Ewald, in 
Or. Stat('sman, July 22, 1851. 
36 Table Rock is a flat-topped mountain overhanging Rogue River. Using 
the rock as a watch-tower, the Indians in perfect security had a large extent 
of country and a long line of road under their observation, aml could deter- 
mine the strength of any passing company of tr:1vcllers and their p]ace of 
encampment, before sallying forth to the attack. Ur. State.sman, J uly 2
, 1851. 



B
TTLE OF ROGUE RIVER. 


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


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


227 


. 



228 


INDIAN AFFAIRS. 


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


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



ACTIO
 OF THE GOVERNOR. 


229 


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



230 


INDIAN AFFAIRS. 


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


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



THE GAINES TREATY. 


231 


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


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



232 


IKDIAN AFFAIRS. 


thelTIselves under the jurisdiction and protection of 
the United States, and agreed to restore all the prop- 
erty stolen at any time from white persons, in return" 
for ,yhich prolnises of good behavior they received 
back their \vives and children and any property taken 
froln theIne There ,vas nothing in the treaty to pre- 
vent the Indians, as soon as they were reunited to 
their faulilies, from resun1Íng their hostilities; and 
indeed it ,vas ,yell kno,vn that there ,vere t\VO parties 
an10ngst them-one in favor of ,var and the other 
opposed to it, but the nlajority for it. Though so 
seve!ely punished, the head chief of the ,var party re- 
fused to treat \vith Kearney, and challenged hinl to 
further conlbat, after the battle of the 23d. It ,yas 
quite natural therefore that the governor should 
qualify his belief that they \vould observe the treaty, 
provided an efficient agent and a sn1all military force 
could be sent among theln. And it was no less nat- 
ural that the nlÍners and settlers should doubt the 
keeping of the corn pact, and believe in a peace pro- 
cured by the rifle. 



CHAPTER VIII. 


PLAUSIBLE PACIFICATION. 


1851-1852. 


OFFICERS AND INDIAN AGENTS AT PORT ORFORD-ATTITUDE OF THE CO- 
QUILLES-U. S. TROOPS ORDERED OUT-SOLDIERS AS INDIAN-FIGHTERS- 
THE SAVAGES TOO 
1UCH FOR THEM-SOMETHING OF SCARFACE AND 
THE SHASTAS-STEELE SECURES A CONFERENCE-ACTION OF SUPERIN- 
TE
DENT SKINNER-MuCH ADO ABOUT NOTHING-SOl\IE FIGHTING-AN 
INSECURE PEACE-MoRE TROOPS ORDERED TO VANCOUVER. 


GENERAL HITCHCOCK, commanding the Pacific di- 
vision at Benicia, California, on hearing Kearny's ac- 
count of affairs between the Indians and the miners, 
nlade a visit to Oregon; and having been persuaded 
that Port Orford ,vas the proper point f(Jr a garrison, 
transferred Lieutenant Kautz and his company of 
t\venty lllen from Astoria, where the governor had 
declared they were of no use, to Port Orford, ,vhere 
he after\vard complained they ,vere ,vorth no n1ore. 
At the same time the superintendent of Indian affairs, 
,vith agents Parrish and Spalding, repaired to the 
southern coast to treat if ps:>ssible with its people. 
They took passage on the propeller Seagull, froB1 
Portland, on the 12th of Septeillber, 1851, T'Vault's 
party being at that tin1e in the n10untains looking for 
a road. The Seagull arrived at Port Orford on the 
14th, t\VO days before T'Vault and Brush ,vere re- 
turned to thaoJt place, naked and stiff ,vith wounds, by 
the charitable llati yes of Cape Blanco. 
The twofold policy of the U nitec1 States made it 
the duty of the superintendent to notice the nlurderous 
( 233 ) 



234 


PLAUSIBLE PACIFICATION. 


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


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



AFFAIRS AT PORT ORFORD. 


235 


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


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


S Two drovers, Moffat and Evans, taking a herd of swine to the Shasta. 
mines, encamped with two otbers near the foot of the Siskiyou :Mountains, 
their hogs eating the acorns used as food by the natives, who demanded a hog 
in payment. One of them pointed his gun at a pig as if to shoot, whereupon 

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



236 


PLAUSIBLE PACIFICATION. 


north bank to the nun1ber of one hundred and fifty, 
and by their gesticulations challenged the troops to 
battle. The soldiers fired across the river, the Co- 
quilles returning the fire ,,,,ith the guns taken fron1 
T'Vault's party;6 but no damage was done. Construct- 
ing a raft, the main body crossed to the north side 
on the 7th in a cold drenching rain, ,vhile Stanton 
proceeded up the south side, ready to coöperate ,vith 
Casey when the Indians, who had no\v retreated up 
thé stream, should be found. I t ,vas soon ascertained 
that a campaign on the Coquille was no trifling matter. 
The savages \vere no,vhere to be found in force, hav- 
ing fled to,vard head ,vaters, or a favorable an1bush. 
l\larching in order was not to be thought of; and 
after several days of wading through morasses, cliu1b- 
ing hills, and forcing a ,yay among the undergro\vth 
by day and sleeping under a single \vet blanket at 
night, the order to retreat ,vas given. Nothing had 
been Inet \vith on the route but deserted villages, 
'v hich were invariably destroyed, together \vith the 
,vinter's store of provisions-a noble revenge on inno- 
cent women and children, ,,,,ho nlust starve in conse- 
quence. Returning to the mouth of the ri ver, Casey 
sent to Port Orford for boats to be brought overland, 
on the arrival of 'v hich the calnpaign ,vas recon1- 
menced on a different plan. 
In three small boats ,vere cro,vded sixty men, in 
such a nlanner that their arnlS could not be used; and 
so they proceeded up the river for four days, =finding 
no enenlY. At the forks, the current being strong, 
the troops encalnped. It ,vas nO\\7" the 20th of N 0- 
venlber, and the ,veather very inclen1ent. On the 
21st C3:sey detailed Stonenlan to proceed up the south 
branch ,vith one boat and fourteen men; ,vhile \Vright 


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



FIGHT 'VITH THE COQUILLES. 


237 


,yith a sin1ilar force ascended the north branch, look- 
ing for Indians. After advancing six or eight lniles, 
Stoneman discovered the enen1Y in force on both banks. 
A fcnv shots \vere fired, and the party returned and 
reported. In the course of the afternoon Wright also 
returned, having been about eighteen miles up the 
north branch ,vithout finding "any foe. On the 22d 
the ,,
hole command set out t"o\vard the Indian camp 
on the south branch, taking only t\VO boats, ,vith five 
111en in each, the troops 111arching up the right bank 
to \vithin half a n1Ïle of thè point ailllcd at, ,vhen 
Stoneman crossed to the left bank ,vith one company, 
and the 111arch \vas resulned in silence, the boats con- 
tinuing to ascend ,vith equal caution. The Indians 
,vere found assembled at the junction. When the 
boats ,vere within a hundred and fifty yards of then1 
the savages opened fire \vith guns and arro\vs. Wright 
then 111ade a dash to the river bank, and with yells 
drove the savages into concealment. l\feanwhile 
Stonelnaa was busy picking off certain of the enemy 
stationed on the bank to prevent a landing. 
The eugagelnent lasted only about t,venty minutes, 
and the Coquilles had no\v scampered into the ,voods, 
,yhere it would be useless to attempt to follo\v them. 
Fifteen \vere killed and Inanyappeared to be \vounded. 
Their lodges and provisions \vere burned, ,vhile their 
canoes ,vere carried a\vay. Casey, who \vas ,vith 
'V light on the north bank, joined in the fighting ,vith 
enthusiasm, telling the men to take good aim and not 
thro\v away shots. 7 
The troops returned to the mouth of the river, 
,,
here they ren1ained for a fe,v days, and then n1arched 
back to Port Orford, and took passage on the Colu1n- 
bia for San Francisco, where they arrived on the 12th 
7 The above details are mostly from the letter of a private soldier, written 
to his brother in the east. Before the letter was finished the writer was 
drowned in the Sixes River near Cape Blanco, while riding express from Port 
Orford to Lieut. Stoneman's camp at the mouth of the Coquille. The letter 
was published in the Alta California, Dec. 14, 1851. It agrees with other 
but less particular accounts, in the S. F. Herald of Dec. 4, 1851, and Or. States- 
man, Dec. 16 and 30, 1851. See also Davidson's Coast Pilot, 119. 



238 


PLAUSIBLE PACIFICATION. 


of December. 8 This expedition cost the governnlent 
SOIne t\venty-five thousand dollars,9 and resulted in 
killing a dozen or more Indians, "7hich coming after tho 
late friendly professions of Indian Agent Parrish, did 
not tend to confidence in the prolnises of the govern- 
ment, or increase the safety of the settlers. lo 
I have told ho\v Stanton returned to Oregon ,vith 
troops to garrison Fort Orford, being- ship\vreckell 
and detained four months at Coos Bay. He haJ 
orders to explore for a road to the interior, in connec- 
tion ,vith Willianlson, \v ho had already begun this 
survey. The ,vork was prosecuted \vith energy, and 
finished in the autumn of 1852. 


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


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



TROUBLES 'YITH THE SHASTAS. 


239 


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



240 


PLAUSIBLE PACIFICATION. 


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


13 See Cardwell's Em. Co., MS., 15, 7. 
Hfd., 15-21; Ashland :Pid., Dec. 2,9,1876, and Sept. 20,1878. 
J5The Scott Valley men were John :J\IcLeod, James Bruce, James \Vhite, 
Peter Snellback, John Galvin, and a youth called Harry. The four from 
Shasta were J. D. Cook, F. \V. :Merritt, L. S. Thompson, and Ben. \Vright, 
who acted as interpreter. 
16J acksonville was at this time called Table Rock, though without rele- 
vance. The first journal published there was the Table Rock Sentinel. Prim's 
Judicial .Affairs in S. Or., :MS., 3. 



PARLEYS. 


241 


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



242 


PLAUSIBLE r ACIFICATIO
. 


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

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



THE BATTLE BEGINS. 


243 


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


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

lS., 107. 



244 


PLAUSIBLE PACIFICATION. 


leaving a nlinority of the volunteers to engago the 
Indians from the north side should they attenlpt to 
cross the ri ver. 1S 
The fighting lasted but a short time. The Indians 
made a charge ,vith the design of releasing Steele's 
prisoners, when they ran toward the river. One ,vas 
shot before he reached it, the other as he came out of 
the ,vater on the opposite bank. Sam then ordered 
a party of warriors to the south side to cut off Steele, 
but they ,vere themselves surprised by a detachll1ent 
of the volunteers, a.nd several killed,19 the reluainder re- 
treating. Only one white man was ,vounded, and he 
in one finger. The Indian agent had retired to his resi- 
dence at the beginning of the fight. That sanle night 
inforrnation ,vas received that during the holding of the 
council sonle Indians had gone to a bar do,yn the 
river, and had surprised and killed a small conlpanyof 
miners. Larnerick at once made preparations to cross 
the river on the night of the 19th of July, and take 
his position in the pass bet\veen Table Rock and the 
river, while Steele's con1pany moved at the same tinle 
farther up, to turn the Indians back on Lamerick's 
force in the morning. The movement ,vas successful. 
Saln's people ,vere surrounded, and the chief sued for 
peace on the terms first offered, namely, that he should 
give up the murderers, asking that the agent be sent 
for to make a treaty. 
But Skinner, who had found himself ignored as 


18 C Before we reached the place where the battle was going on, we met a 
large portion of the company coming from the battle as fast as their horses 
could run. The foremost man was Charley Johnson. He called to me to 
come with him. I saiù, "Ha'?e the Indians whipped you?" He said nothing, 
but kept on running, and crying, "Come this way." \Ve wheeled, and went 
with the crowd, who went to the house of Dr Ambrose. The Indians had 
started toward the honse, and it was supposed they meant to murder the 
family.' Cardwell's Emiyrant Company, M.S., 24. 
19 Steele says sixteen, including the prisoners. Cardwell states t11at many 
sprang into the water and were shot. Skinner gives the number as four; and 

tatcs further that' a man by the name of Steel, who pretended to be the 
leader of the party from Shasta, was principally instrumental in causing the 
attack on the prisoners, which for a time produced general hostilities.' U. S. 
fjen. Doc., i., 32d congo 2<1 scss., Y01. i. pt i. 457. Cm'dweU's Emigrant Com- 
pany, :MS., 2'}; California, Star, Aug. 7, IS.}!. 



TRUCE AND REË:NFORCEMENT. 


245 


nlaiutainer of the peace, and ,vas busy preparing for 
the defence of his house and property, ,vas slo\v to 
respond to this request. A council ,vas appointed for 
the next day. In the explanations which fûllo\ved it 
,vas ascertained that Scarface had not been ,vith Sam, 
but \vas hiding in the Salmon River mountains. The 
p8I'SOn pointed out as Scarface ,vas Sullix of Tipso's 
band, who also had a face badly scarred. The real 
crin1Ïnal ,vas ultimately arrested, and hanged at Y reka. 
A treaty was agreed to by Sam requiring the Rogue 
River Indians to hold no comrnunication ,vith the 
Shastas. 20 For the rernainder of the SUllllner hostili- 
ties on Rogue River were suspended, the Indian agent 
occasionally presenting Sarn's band with a fat ox, find- 
ing it easier and cheaper to purchase peace with beef 
than to let robberies go on, or to punish the robbers. 21 
Such ,vas the condition of Indian affairs in the 
south of Oregon in the sunllner and autulnn of 1852, 
,vhen the superintendent received official notice that 
all the Indian treaties negotiated in Oregon had been 
ordered to lie upon the table in the senate; ,vhile 
be was instructed by the comnlissioncr, until the 
general policy of the governn1ent should be more def- 
initely understood, to enter into no n10re treaty stip- 
ulations ,vith them, except such as n1Îght be ilnperi- 
ously required to preserve peace. 22 .As if partiaHy to 
avert the probable consequences to the people of Ore- 
gon of this rejection of the treaties entered into be- 
t\veen Governor Gaines, Superintendent Dart, and the 
Indians, there arrived at Vancouver, in Septeruber, 
268 IHen, rank and file, composing the skeleton of the 
4th regiment of infantry, unJer Lieutenant-colonel 
Bonneville. 23 I t was now too late in the season for 


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

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



246 


PLAUSIBLE PACIFICA.TION. 


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


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



CHAPTER IX. 


SURVEYS AND TO'VN-:l\lAKING. 


1851-1853. 


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


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



248 


SURVEYS 
T)) TOWN-:MAKING. 


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



D.A. VIDSON'S SURVEY. 


249 


and proceeded innllediately to carry out the intentions 
of the goverlllnent. 2 Being eluployed on the coast of 
southern California, Davidson did not reach Oregon 
till June 1851, ,vhen he con1pleted the topographical 
surveys of Cape Disappointn1ent, Point Ada111s, and 
Sand Island, at the entrance to the Columbia, and de- 
parted south\vard, having tin1e only to exan1Ïne Port 
Orford harbor before the ,vinter storn1S. It ,vas not 
until July 1852 that a protracted and careful survey 
,vas begun by Davidson's party, ,vhen he returned in 
the stealner Active,3 Captain James Alden of the navy, 
to examine the shores of the Strait of Fuca and adja- 
cent coasts, a ,york in which he \vas engaged for sev- 
eral years, to his o,vn credit and the advantage of the 
country.4 For many years Captain La\vson has di- 
rected his very valuable efforts to the region about 
Puget Sound. 5 


2 Davidson's party were all young men, anxious to distinguish themselves. 
They were A. :1\1. Harrison, J amcs S. Lawson, and John Rockwell. They 
sailed in the steamcr Philadelphia, Capt. Robert Pearson, crossed the Isthmus, 
and took p
ssage again on the 1'ennessee, Capt. Cole, for San Francisco. Lltw- 
son's Autobio!J7.aphy, 1\18., 5-18. 
3 The Actire was the old steamer Gold Hunter rechristened. Lawson's Au- 
tobiograph!/, 
18., 49. 
4 For biography, and further information concerning Prof. Davidson and 
his labors, see lJist. Gal., this series. 
1) James S. Lawson was born in Philadelphia, Feb. 13, 1828, was educated 
in the schools of that city, and while in the Central high school was a class- 
mate of George Davidson, Prof. Bache being principal. Bache had formerly 
been president of Girard College. and still had charge of the magnetic ob;er- 
vatory in the college grounds. The llight observcrs were selected from the 
pupils of the high school, and of these Lawson was one, continuing to serve 
till the closing of the observatory in 1845. In that year Lawson was ap- 
pointed second assistant teacher in the Catherine-street grammar school of 
l>l1iladelphia, which l)osition he held for one year, when he was offered a po- 
sition in the Friends' school at Wilmington, Delaware, under charge of Sam- 
uel Allsoff. In January 1848 Lawson commenced duty as a clcrk to Prof. 
Bache, then superintendent of the U. S. coast survey, remaining in that ca- 
pacity until detached and ordered to join Davidson for the survcys on the 
Pacific coast in 18.30. From the time of his arrival on the Pacific coast to the 
present, Capt. Lawson has been almost continuously cng:;tgeù in the lahor of 
making government surveys as an assistant of Prof. Davidson. L(tll"son's 
Autobiography, :1\18., 2. His work for a number of ycars has been chiefly in 
that portion of the original Oregon territory north of the Columbia and west 
of the Cascade :Mountains, and his residence has been at Olympia, whcre his 
high character and scientifio attainments have secured him the esteem of all, 
and in which quiet and beautiful little capital repose may be found from oc- 
casional toil and exposure. Mr Harrison was, like Davidson and Lawson, a 
graduate of the Philadelphia Central school, and of the same class. 
This manuscript of Lawson's authorship is one of unusual value, contain- 



250 


SURVEYS AND TO'Y:N-:MAKIXG. 


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

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



POPULATION. 


251 


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


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


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



252 


SURVEYS AXD TO'VN-M:AKING. 


SOlne atnbitious persons attempted to get a county 
organization for the country east of the Cascade 
J\fountains in the winter of 1852-3, to which the leg- 
stopping of the steamers below that town, and successive fires destroyed the 
company's improvements at St Helen, compelling their vessels to go to the 
former place. 
l\lilton, another candidate for favor, was situated on Scappoose Day, an 
arm of the 'Villamette, just above St Helen. It was founded by sea cap- 
tains Nathan Crosby and Thomas H. Smith, who purchased the Hunsaker 
mills on :Milton Creek, where they made lumber to load the bark Loui,-;iana, 
which they owned. They also opened a store there, and assisted ill building 
the road to the Tualatin plains. Several sea-going men invested in lots, and 
business for a time was brisk. But all their brilliant hopes were destined to 
destruction, for there came a summer flood which swept the town away. 
Captains Drew, 
Ienzies, Pope, and vVilliams were interested in :Milton. 
Crcwiord's },,7ar., 
lS., 223. Among the settlers in the vicinity of St Helen 
and :l\1ilton was Capt. F. A. Lemont, of Bath, Maine, who as a sailor accom- 
!mnied Capt. Dominis when he entered the Columbia in 182Ø-30. He was after- 
ward on 'Vyeth's vessel, the .JIay DaC1"e, which was in the river in 183..t Re- 
turning to Oregon after having been master of several vessels, he settled at 
St Helen in 1830, where he still resides. Of the early residents Lemont has 
furnished me the following list from memory: Benjamin Durell, 'Vitherell, 'V. 
H. Tappan, Joseph Trutch, John Trutch, L. C. Gray, Aaron Broylcs, James 
G. Hunter, Dr Adlum, Hiram Field, Seth Pope, John Doilge, George Thing, 
'Yïl1iam English, '\Villiam Hazard, Benjamin Teal, B. Conley, 'Villiam 

leeker, Charles H. Reed, Joseph Caples, Joseph Cunningham, A. E. Clark, 
Robert Germain, G. "V. Veasie, C. Carpenter, J. Carpenter, Lockwood, Lit- 
tle, Tripp, Berry, Dunn, Burrows, Fiske, Layton, Kearns, Holly, :l\1aybee, 
ArchiIles, Cortland, and Atwood, with others. Knighton, the owner of St 
Helen, is pronounced by Crawford a 'presumptuous man,' bccause while 
knowing nothing about navigation, as Crawford affirms, he undertook to 
pilot the Silvie de Grasse to Astoria, running her upon the rock where she 
was spittcd. He subsequently sailed a vessel to China, and finallyengan-cd 
as a captain on the 'Villamette. Knighton died at The Dalles about 1864. 
His wifc was Elizabeth lVlartin of YamhiU county. He left several childrcn 
in 'Vashington. 
'Yestport, on the Columbia, thirty miles above Astoria, was settled hy 
John 'Vest in 1831; and Rainier, opposite the Cowlitz, by Charles E. Fcx in 
the same year. It served for several years as a distributing point for mail 
and passcngers to and from Puget Sound. Frank '\Varreu, A. Harper and 
brother, and 'Villiam C. 
Ioody were among the residents at Rainier. Craw- 
ford's .1Var., MS., 260. At or near The Dalles there had been a solitary set- 
tler ever since the close of the Cayuse war; and also a settler named Tomlin- 
son, and two Frenchmen on farms in Tygh Valley, fifty miles or more south of 
Thc Dallcs. These pioneers of eastern Oregon, after the missionaries, made 
money as well as a good living, by trading in cattle and horses with emi- 
grants anù Indians, which they sold to the miners in California. After the 
establishment of a military post at The Dalles, it rcquired a governmcnt 
license, issued by thc sup. of Indian affairs, to trade anywhere above the 
Cascades, and a special permission from the commander of the post to traJ.e 
at this point. John C. Bell of Salem was the first tradcr at The Dalles, as 
he was sutler for the army at The Dallcs in 1850. When the rifle rcgiment 
,ycre ordered away, Bell sold to '\Villiam Gibson, who then became sutler. 
In 1851 A. 
IcKinlay & Co., of Oregon City, obtained pcrmi8sion to cstab- 
lish a trading post at The Dalles, and building a cabin they placed it in 
charge of Perrin Whitman. In 1832, they erected a frame building wcst of 
the prcsent Umatilla House, which thcy used as a store, but sold the follow- 
ing ycar to Simms and Humason. 'V. C. Laughlin took a. land claim this 



COUXTY ORGAXIZATION. 


253 


isJature would have consented if they had agreed to 
have the ne\v county attached to Clarke for judicial 
purposes; but this being objected to, and the popula- 
tion being scarce, the legislature declined to create 
the county, ,vhich ,vas however established in Janu- 
ary 1854, and called Wasco. 9 In the nlatter of other 
county organizations south of the Columbia, the leg- 
islature ,vas ready to grant all petitions if not to an- 
ticipate theine In 1852-3 it created Jackson, includ- 


year and built a house upon it. A Mr Bigelow brought a small stock of 
goods to The Dalles, chiefly groceries and liquors, anù built a store the fol- 
lowing year; and 'Villiam Gibson moved his store from the garrison grounds 
to the town outside. It was subsequently purchased by Victor Trevitt, who 
kept a saloon called the Mount Hood. 
In the autumn of 1852, companies K and I of the 4th info reg., under 
Capt. Alvord, relieved the little squad of artillery men who had garrisoned 
the post since the departure of the rifle regiment. It was the post which 
formed the nucleus of trade and business at The Dalles, and which made it 
necessary to improve the means of transportation, that the go,-ernmellt sup- 
plies might be more easily and rapidly conveyed. The immigration of 18,)2 
were not blind to the advantages of the location, and a number of claims 
were taken on the small streams in the neighborhood of The Dalles. Ru- 
mors of gold discoveries in the Cascade :l\1ountains north of the Columbia. 
River were current about this time. H. P. Isaacs of 'Valla. 'Valla, who is 
the author of an intelligent account of the development of eastern Oregon 
and \Yashington, entitled 'l'he Upper Cnlumbia Basin, :MS., relates that a 
Klikitat found and gave to a Frenchman a piece of gold quartz, which heing 
exhibited at Oregon City induced him to go with the Indian in the spring of 
1853 to look for it. But the Klikitat either could not or would not find the 
place, and Isaacs went to trade with the immigrants at Fort Boisé, putting a 
ferry across Snake River in the summer of that year, but returning to The 
DaUes, where he remained until 1803, when he removed to the 'Valla \Valla 
Valley and put up a. grist mill, and nssisted in various ways to improve that 
section. Isaacs marrieù a daughter of James Fulton of The Dalles, of 
whom I have already made mention. A store was kept in The Dalles by L. 
J. Henderson and Shang, in a canvas house. They built a. log house the 
next year. Tompkins opened a. hotel in a building put up by 
lcKinlay & 
Co. Forman built a blacksmith shop, and Lieut. .Forsyth erected a two- 
story frame house, which was occupied the next year as a hotel by Gates. 
Cushing and Low soon put up another log store, and James :McAuliff a third. 
Dul,Tes lJIountaiueer, :May 28, 1869. 
9 OJ'. Jour. Council, 1852-3, 90; Gpn. Laws Or., 544. The establishment 
of 'Vasco county was opposed by 
lajor Rains of the 4th infantry stationed 
at Fort Dalles in the winter of 1853-4. He said th:::.t \Vasco county was the 
largest ever known, though it had but about thirty-five white inhabitants, 
and these claimed n right to locate where they chose, in accordance with the 
act of Sept. 27, 18:>0. Or. Jour. Council, 18:>3-4, app, 49-50; U. S. Sen. Doc. 
10, vol. vi. 10-17, 33d congo 2d sess. Rains reported to 'Va.shington, which 
frustrated for a time the efforts of Lane to get a bill through congress regu- 
lating hounty warrants in Oregon, it being feared that some of them might 
be located in \Vasco county. 01'. Statf'smaJl, 
larch 20, 18:>5; Congo niobe, 
33d congo 2<1 sess., 490. \Vm C. Laughlin, \Varren Keith, and John Tomp- 
kins werA appointed commissioners, J. A. Simms sheriff, and Justin Chen- 
oweth, judge. 



254 


SUnVEYS A
D TO'YN-l\IAKIXG. 


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


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



STE_L\IERS OX THE 'VILL.A
IETTE. 


255 


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


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


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

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

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



256 


SURVEYS AND TO'YN-:\IAKIXG. 


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


the Columbia. 
icCracken says he paid two ounces of gold-dust for a pas- 
sage on the Columb.ia from Astoria to Portland which lasted two days, sleep- 
ing on the upper deck, the steamer having a great many on board. P07.tlaml, 
1\1:::;., 4. \Vhen the JVhitcomb began running the fare was reduced to 815. 
John J\lcCracken came to Oregon from California, where he had been in mer- 
cantile pursuits at Stockton, in November 1849. He began business in 
Oregon City in 1850, selling liquors, and was interested in the Island mill. 
He subsequently removed to Portland, where he became a. large owner in 
shipping, stenmboats, and merchandising. His wife was a daughter of Dr 
Barclay of Oregon City, formerly of the H. B. Co. 
From the summer of 1831, steamboats multiplied, though the fashion of 
them was not very commodious, nor were they elegant in their appointment, 
but they served the purpose, for which they were introduced, of expediting 
travel. 
The third river steamboat was the Black //æzak, a small iron propeller 
brought out from New York, and run between Portland and Oregon City, the 
Lot Whitcomb being too deep to get over the Clackamas rapids. The Wil- 
l(tmettp, a steam schooner belonging to Howland and Aspinwall, arrived. in 
J\larch 1853
 by sailing vessel, being put together on the upper \Yillamette, 
finished in the autumn, and run for a season, after which she ,\'as brought 
o\?er the falls, and used to carry the mail from Astoria to Portland; but the 
arrival of the steamship Columbia, which went to Portland with the "mails, 
rendered her services unnecessary, and she was sold to a company composed 
of J\lurray, Hoyt, Breck, and others, who took her to California, where she 
ran as an opposition boat on the Sacramento, and was finally sold to the Cali- 
fornia Steam Navigation Company. The JViaamette was a siJe-wbeel steamer 
and finished iu fine style, but not adapted to the navigation of the \Villam- 
ette River. Athey's Workshops, 1\1S., 5; Or. Spectator, Sept. 30, 1851. The 
IJoosier, huilt to run on the upper river, was finished in 11ay 18:>1, and the 
Yamhill in August. In the autumn of the same year a small iron steamer, 
called the Bully JVashington, was placed on the lower river. This boat was 
subsequently taken to the Umpqua, where she ran until a better one, the 
llinsdale, owned by Hinsdale and Lane, was built. The },[1lltnornah was also 
built this year, followed by the Gazelle, in 1852, handsomely finished, for 
the upper river trade. She ran a few months and blew up, kiiling two per- 
sons and injuring others. The Castle and the Orp[Jon were also running at 
this time. On the Upper Columbia, between the Cascades anù The Dalles, 
the steamer James P. Flint was put on in the autumn of 1851. She was 
owned by D. F. Bradford and others, She struck a rock and sunk while 
bringing down the immigration of 1852, but was raised and repaired. She 
was commanded by Van Berger, mate J. 'V. \Vatldns. Dalle.q .J..1Io'lwtainf'f'T, 
J\lay 28, IS(j!). The Belle and the Eagle, two small iron steamers, were run- 
ning on the Columbia about this time. The B"lle was built at Oregon City 
for \Vells and \Villiams. The Eagle was brought to Oregon hy ..lohn Irving, 
who died in Victoria in 1874. The Fas1zion ran to the Cascades to connect 
with the Flint. Further facts concerning the history of steamboatillg will be 
br(\ught out in another part of this work, this brief abstract being intended 
only to show the progress made from 1830 to 1833. 



PROSPEROUS FAR
IING. 


237 


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


HO r . Stqtpsman, Sept. 23, 1851. 
]j ld., Feb. 26, 18.33. Deady gives some account of this important work 
in his J-J.ist. Or., 
IS., 28. A man named Page from California, representing 
capital in that state, procured the passage of the act of incorporation. The 
project was to builù a basin on the west side of the ri ,Fer above the falls, with 
mills, and. hoisting works to lift goods above the falls, and deposit them in 
the basin, instead of wagoning them a mile or more as had been done. They 
constructed. the basin, and erected mills at its lower edge. The hoisting 
"orks were made with ropes, wheels, and cages, in which passsengers and 
goods were lifted up. Page was killed by the explosion of tbe Gazelle, owned 
by the company, after which the enterprise went to pieces through suits 
brought against the company by employés, and the property fell into the 
hands of Kelley, one of the lawyers, and Robert Pentland. In the winter of 
ISGO-l, the mills and all were destroyed by fire, when works of a similar 
nature were commenced on the east side of the river, where they remained 
until the completion of the canal and locks on the west side, of a recent date. 
16 On :McCarver's farm, one mile east of Oregon City, was an orchard of 
15 acres containing 200 apple-trees, and large numbers of pears, plums, apri- 
cots, cherrip-s, nect3.rines, and small fruits. It yielded this year 15 bushels of 
currants, and a full crop of the above-named fruits. Or. Statesman, J uly 
!), 
1831. In 1832, R, C. Geer advertised hi::) nursery as containing 42 varieties 
of apples, 15 of pears, 5 of peaches, and G of cherries. Thomas Cox raised 
a Rhode Island greening 12
 inches in circumference, a gooù size for a young 
tree. Id., Dec. 18, 1852. 
17 [d., Sept. 22, 18G2; Oregonian, July 15,1862; Overland Monthly, i. 39. 
RIST. On" VOL. II. 17 



258 


SURVEYS Á.L
D TO'YN-l\lAKING. 


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


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


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



TRADE A
D SOCIETY. 


259 


leges ,vhich their parents had only drearned of \vhen 
they set their faces to,vard the far Pacific-the priv- 
ileges of education, travel, and intercourse \vith older 
countries, as well as ease and plenty in their Oregon 
hOI11es. 21 And yet this ,vas only the beginning of the 
end at \v hich the descendants of the pioneers ,vere 
entitled by the endurance of their fathers to arrive. 


21 The 7th U. S. census taken in 1850 shows the following nativities for Or- 
egon: 
Iissouri, 2,206; Illinois, 1,023; Kentucky, over 700; Indiana, over 700; 
Ohio, over 600; New York, over 600; Virginia, over 400; Tennessee, o\"er 400; 
Iowa, oyer 400; Pennsylvania, over 300; North Caro]ina, over 200; l\lassachu- 
setts, 187; 1\laine, 129; Vermont, HI; Connecticut, 72; 1Iaryland, 73; Arkan- 
sas, 61; New Jersey, 69; and in all the other states less than 50 each, the 
smallest number being from Florida. The total foreign population was 1,159, 
300 of whom were natives of British America, 207 English, about 200 Iris!], 
over 100 Scotch, and 150 German. The others were scattering, the greatest 
number from any other foreign country being 45 from France; unknown, 143; 
in all 13,043. Abstract of the 7th Census, 16; }'loseley's Or., 1830-73, 93; 
De Bow's Encycl., xiv. 591-600. These are those who are more strictly 
classed as pioneers; those who came after them, from 1850 to 1833, though 
assisting so much, as I have shown, in the development of the territory, were 
only pioneers in certain things, and not pioneers in the larger sensc. 



CHAPTER X. 


LAND LAWS AND LAND TITLES. 


1851-1835. 


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


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



DOXATION LA \V. 


261 


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



262 


LAND LA \VS AND LAND TITLES. 


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



CONDITIONS AXD QUESTIONS. 


2G3 


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


. 


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



. 


264 


LAND LA'VS AND LAND TITLES. 


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



ATTITUDE OF CONGRESS. 


265 


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


There had been a contest immediately after the es- 
tablishment of the territorial government concerning 
the right of the foreign residents to vote at any elec- 
tion after the first one, for \v hich the organic act had 
distinctly provided, and a strong effort had been 111ade 
to declare the alien vote of 1849 illegal. The first 
territorial legislature, in providing for and regulating 
general elections and prescribing the qualifications of 
voters, declared that a foreigner n1ust be duly natu- 
ralized before he could vote, the la w being one of those 
adopted from the Iowa statutes. One party, of \vh0111 
Thurston was the head, supported by the n1Ïssionary 
interest:- strenuously insisted upon this construction 
of the 5th section of the organic law, because at the 
election which made Thurston delegate the foreign- 
born voters had not supported hinl, and \vith hin1 the 
measures of the missionary class. 
The opinion of the U niteù States judges being 


2 In Pratt's opinion on the location of the seat of government, he reiterates 
this belief, and says that both he and. Bryant helù that 'no power existed by 
which the suprcme court could be legally held before the scat of government 
was establishcd.' Or, Statesnw:n, Jan. 6, IS,")2. According to thi
 belief, the 
proceedings of the district courts were illegal for Dearly two years. 
3 Or. Spectator, 
Iay 2
, 18.31. 



266 


LAND LA'VS AND LAND TITLES. 


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


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



LEGISLATIVE ACTION. 


267 


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



268 


LAND LA \VS AND LAND TITLES. 


at the first ejection. 'Vhen in 1852-3 the legislature 
amended the la,vs regulating elections, it rell10ved in 
a final manner the restrictions \vhich the Thurston 
democracy had placed upon foreign-born residents of 
the country. By the lle\y la\v all ,vhite 11lale inhab- 
itants over twenty-one years of age, having become 
naturalized, or having declared their intention to 
beconle citizens, and having resided six. months in the 
territory, and in the county fifteen days next preced- 
ing the election, were entitled to vote at any election 
in the territory. 


To return to the donation la\v and its construction. 
Persons could be found ,vho ,vere doubtful of the 
llleaning of very common "vords ,vhen they canle to 
see them in a congressional act, and 'v ho ,vere unable 
to decide what 'settler' or (occupant' Ineant., or ho\v 
to construe 'inlprOVell1ent' or 'possession.' To help 
such as these, various legal opinions ,vere subll1ÏtteJ 
tlu'ough the columns of newspapers; but it ,vas gen- 
erally found that a settler could be absent frol11 his 
clainl a great deal of his tinle, and that occupation 
and improvement \vere defined in accordance \"ith the 
means and the convenience of the clain1ant. 6 
The surveyor-general, \v ho arrived in Oregon in 
time to begin the surveys of the public lands in Oc- 
tober, 1851, had before hil11 a difficult labor. 7 
rhe 
survey of the Willaulette llleridian \vas begun at 


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



SETTLERS At.'\D SURVEYS. 


269 


the upper mouth of the 'Villamette River, and the 
base line 7! miles south, in order to avoid the 00- 
lurnbia River in extending the base line east to the 
Cascade 
Iountains. The intersection of the base 
and 111eridian lines ,vas 3i- miles ,vest of the Wil- 
lanlütte. The reason given for fixing the point of 
beginning at this place v{as because the Indians 'v ere 
friendly on either side of the line for some distance 
north and south, and a survey in this locality ,vould 
best acco1l1modate the imlnediate ,vants of the set- 
tlers. 8 But it ,vas soon found that the nature of the 
country through 'v hich the initial lines ,vere run 
,yould n1ake it desirable in order to accommodate 
the settlers to change the field of operations to the 
inhabited valleys,9 three fourths of the meridian 
line north of the base line passing through a coun- 
try broken and heavily ti111bered. The base line 
east of the meridian to the summit of the Cascade 
l\Iountains also passed through a densely timbered 
country almost entirely unsettled. But on the ,vest 
side of the meridian line ,vere the Tualatin plains, 
this section of the country being first to be benefited 
Ly the survey. 
On the 5th of February, 1852, appeared the first 
notice to settlers of surveys that had been completed 
in certain townships, and that the surveyor general 
,yas prepared to receive the notifications of their re- 
spective clailns and to adjust the boundaries thereof, 
he being made the arbiter and register of all donation 
.clairns. lO At the same time settlers \vere advised 
that they must have their clainls surveyed and cor- 


II Rept of Preston in U. S. H. Ex. Doc. 52, 1851-2, v. 23, 31st congo 1st 
sess. It was done hy Thurston's advice. See Congo Globe, 1849-.30, xxi. pt 
ii. 1077, 31 st congo 1st sess. 
Ð \\ïlliam I ves was the contractor for the survey of the base line and 'ViI. 
lamette meridian north of it; and James Freeman of the '\Villamette me- 
ridian south of it, as far as the Umpqua Valley. 
10 The first surveys advertised were of township 1 north, range 1 east; 
townships 7 and 8 south, range I west; and township 7 south, range 3 and 4 
west. The oldest p3 tents issued for donation claims are those in \Vashington 
county, unless the Oregon City lots may be older. See Or. Spectator, :Fcb. 
10, 18.32. 



270 


LAND LAWS AND LAND TITLES. 


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


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



Wül\1EN AND CHILDREN. 


271 


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


cember 1, 1850, and are of American birth.' Or. Spectator, 
Iay 8, 1851. 
Thurston in his Letter to the Electors remarks that this feature of the dona- 
tion act was a popular one in congress, and that he thought it just. 
HIt has been decided that the words 'single man' included an unmarricd 
woman. 7 TVall" 219. See Deady'..:; Gen. Laws Or., 1843-72. But I do not 
see how under that construction a woman could be prevented holding as a. 
'single man' first and as a married woman afterward, because the patent to 
hcr husband, as a married man, would include G40 acres, 320 of which would 
be hers. 
15 'They said it would be injurious to the country schools, by preventing 
the country from being thickly settled; that it would retard the agricultural 
growth of the country; and though it would meet the case of many deserv- 
ing men, it would open the door to frauds and speculations by all means to 
be avoided.' Thurston's Letter to the Elector.9 of Ore!/on, 8; Beadle's Undel'. 
West, 762-3; 
Home ßIissionary, vol. 26, p, 4.3. 
16 Those whosc parcnts had died in Oregon before the passage of the law 



2 ..." 
1- 


LAND LA'VS AXD LAND TITLES. 


should be granted eighty acres each; and that all 
orphan children \v hose parents had died in con1ing- to 
or after arriving in Oregon bet\veen 1850 and 1c;853 
shoulll receive forty acres of land each. 17 
N either of these petitions ,vas granted 18 at the 
titi1e, \v hile many others \vere offered by resolution or 
other\vise. As the period \vas expiring \y hen lands 
,vould be free, it began to be said that the tinle should 
be extended, even indefinitely, and that all lands 
should be free. 19 
There ,vas never, in the history of the world, a 
better opportunity to test the doctrine of free land, 
nor anything that came so nea.r realizing it as the set- 
tlelnent of Oregon. Could the government have re- 
stricted its donations to the actual cultivators of the 
soil, and the quantity to the reasonable requirelnents 
of the individual farmer, the experiluent \vould have 
been conlplete. But since the donation ,vas in the 
nature of a reward to all classes of emigrants alike, 
this could not be done, and the compensation had to 
be an1ple. 
Some persons found it a hardship to be restrained 
from selling their land for a period of four years, 
and preferred paying the ll1ininlun1 price of $1.25 an 
acre to \vaiting for the expiration of the full tern1. 
Accordingly, in February 1853, the donation la\y ,vas 
so amended that the surveyor-general n1ight receive 


did not come under the requirements of the donation act; nor those whose 
parents had died upon the road to Oregon. As they could not inherit, a di- 
rect grant was asked, 
17 Or. Statesman, Dec. 16, 1851. 
18 Heirs of settlers in Oregon who died prior to Sept. 27, 1850, cannot in- 
l1erit or hold land by YÏrtue of the residence and cultiyation of their ances- 
tors. Ford vs Kennedy, lOr. 166. The daughter of Jason Lee was portion- 
less, while the children of later comers inherited. 
H'See Or. Statesman, Nov. 6, 1833. A resolution offered in the assembly 
of 18.32-3 asked that the land cast of the Cascade mountains should be im- 
mediately surveyed, and sold at the minimum price, in quantities not exceeù- 
ing G40 acres to each purchaser; the money to be applied to the construction 
of that portion of the contemplateù Pacific railroad west of the Rocky :Moun- 
tains. This was the first practical suggestion of the Oregon legislature con- 
cerll.ing the overland railroad, and appropriated all or nearly all the land in 
Oregon to the use of Oregon, the western portion except that north of the 
Columbia being to a great extent claimed. 



WORKI
GS OF THE LAW. 


273 


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


20 See previous note 13. The surveyor general had before so construed the 
law. 
21 This was a great relief to the immigration at The Dalles, where the mil- 
itary had taken up ten miles square of land, thereby greatly inconveniencing 
travellers by depriving thcir stock of a range anywhere near the usual place 
of embarkation on the Columbia. 
HIST. On., VOL. II. 18 . 



274 


LA
D LA"\VS AND LAND TITLES. 


trade, and not for agriculture; but the legal subdivi.. 
sions included in such to,vn sites should Le subject to 
the operations of the act of May 23, 1844, "for the 
relief of citizens of towns upon lands of the United 
States, under certain circumstances."22 The proviso 
to the 4th section of the original act, declaring voiò all 
sales of lands before the issue of the patents therefor, 
,,,as repealed, and sales ,vere declared invalid only 
\yhere the claimant had not resided four years upon 
the land. By these tern1S t\VO subjects ,vhich had 
greatly troubled the land claimants \vere disposed of; 
those ,vho had been a long tin1e in the country could 
sen their lands ,vithout waiting for the issuance of 
their patents, and those ,vho had taken claillls and 
lai.l out to,vns upon natural to,vn-sites ,vere left un- 
disturbed. 23 This last alnendment to the donation 
la\v granted the oft-repeated prayer of the settlers 
that the orphan children of the earliest in1migrants 
\vho died before the passage of the act of Septelnber 
27,1850, should be al1o,vell grants of land, the dona- 
tion to this class being 160 acres each. Under this 
alnendment Jason Lee's daughter could clainl the 
small re\vard of a quarter-section of land for her 
father's services in colonizing the country. These 
orphans' clain1s ,vere to be set off to then1 by the sur- 
veyor general in good agricultural land, and in case of 
the decease of either of then1 their rights vested in 
the survivors of the fan1ily. Such was the land la\v 
as regarded in di vid uals. 
This act, besides, extended to the territory of Wash.. 


22 This act provided that when any of the surveyed public lands had been 
occupied as a town site, and was not therefore subject to entry under the ex- 
isting laws, in case the town were incorporated, the judges of the county 
court for that county should enter it at the proper land office, at the mini- 
mum price, for the several use and benefit of the occupants thereof accorùing 
to their respective interests, the proceeds of the sales of lots to be dispose!} of 
according to rules and regulations prescribed by the legislature; but the lantl 
must be entered prior to the commencement of the public sale of the boùy of 
land in which the town site was included. See note on p. 72, Gen. Laws Or. 
23 :Many patents never issued. It was held by the courts that the law act- 
ually invested the claimant who had complied with its requirements with t
e 
ownership of the land, and that the l)atent was simply evidence which did 
not affect the title. Deady's Scraps, 5. 



OREGON CITY CLAIU. 


,,"'.. 
..I;) 


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


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


2
 u. s. JI. Ex. Doc. 52, v.25, 32d congo 1st sess. 
2" This subject came up in a peculiar shape as late as 1871, when H. 'V. 
Corbett was in the U. S, senate. A case had to be decided in the courts of 
Oregon in 1870, where certain persons claimed under "Tilliam Johnson, who 
before the treaty of IS4G settled upon a tract of land south of Portland. 
But Johnson clied before the land law was passed, and the courts decided 
that in this case Johnson had first lost his possessory rights by abandoning 
the claim; by dying before the donation law was passed, he was not provided 



276 


LAND LA WS AND LA1\"'D TITLES. 


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


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



HUDSON'S BAY COl\IPANY. 


277 


turb his possession, except of the portion sold or 
granted by him within the limits of the Oregon City 
claim. 26 
As to the limIts of the Hudson's Bay Company's 
claim in the territory, it was the opinion of chief fac- 
tor John Ballenden, he said, that no one could state 
the nature or define the limits of that clailn. He 
caned the attention of the general land c01l1n1issioner, 
and through him of the government, to the fact that 
settlers ,v ere clain1ing valuable tracts of land included 
,yithin the limits of that claimed by the Hudson's 
Bay and Puget Sound cornpanies, and controversies 
had arisen not only as to the boundaries, but as to the 
rights of the companies under the treaty of 1846; and 
declared that it ,vas extren1el y desirable that the na- 
ture of these rights should be decided upon. 27 To de- 
cide upon then1 himself was something beyond his 
po,ver, and he recon1mended, as the legislative asselll- 
bly, the military cOlnn1ander, and the superintendent 
of Indian affairs had done, that the rights, \v hatever 
they were, of these cornpanies, should be purchased. 
To this ad vice, as \ve kno,v, congress turned a deaf 
ear, until squatters had left no land to quarrel over. 
The people kne,v nothing and cared less about the 
rights of aliens to the soil of the United States. In 
the lTIean tin1e the delay multiplied the evils complained 
of. Let us take the site of Vancouver as an exatnple. 
Either it did or it did not belong to the Hudson's Bay 
Company by the tern1S of the treaty of 1846. If it 
did, then it ,vas in the nature of a grant to the COll1- 
pany, from the fact that the donation la\v admitted 
the right of British subjects to clainl under the 
treaty, by confining thelTI to a single grant of land, 
and leaving it optional with them \vhether it should 


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



278 


LAKD LA\VS AND LAND TITLES. 


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

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


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



V AKCOUVER CLAIM:. 


279 


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


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



280 


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


The case not being definitely decided, a bill ,vas 
brought before congress in 1874 for the relief of the 
catholic n1ission of St James, and on being referred 
to the cOlnnlittee on private land claims, the chairnlan 
reported that it ,vas the opinion of the conlnlittee 
that the mission was entitled to 640 acres under the 
act of August 14, 1848, and recommended the passage 
of the bill, ,vith an anlendnlent saving to the United 
States t
e right to relnove from the premises any 
property, buildings, ur other improvements it Inight 
have upon that portion of the claim covered by the 
military reservation. 33 But the bill did not pass; and 
in 1875, a similar bill being under advisernent by the 
comn1ittee on private land claims, the secretary of 
,var addressed a letter to the con1mittee, in \vhich he 
said that the military reservation ,vas valued at å 
nlillion dollars, and that the claim of the St J alnes 
mission covered the 'v hole of it; and that the ",Tar de- 
partment had al,vays held that the religious establish- 
ment of the claimants was not a missionary station 
among Indian tribes on the 14th of August 1848, and 
that the occupancy of the lands in question at that 
date ,vas not such as the act of congress required. 
The secretary recornrnended that the matter go before 
a court and jury for final adj ustment, on the passage 
of an act providing for the settlement of this and sinl- 
ilar claims. 34 
Again in 1876, a bill being before congress 'v hose 
object ,vas to cause a patent to be issued to the St 
James nlission, the committee on private land clainls 


said that the United States had title to the lands, yet it could not dispose of 
them absolutely in præsenti, so that the grantee could demand immediate pos- 
session. Granted, so far as the Hudson's Bay Company was upon these lands 
with its possessory rights, those rights must be respected. But how does 
this admission derogate from the right to grant such title as the United States 
then had, which w
s the proprietary right, encumbered only by a ten:porary 
right of possession, for limited and special purpose?' The arguments and 
evidence in this case are published in a pamphlet called Claim of tlie St 
Jmne8 ...l1ission, Vancouver, JV. ']'., to 640 acres of Land, from which the abo\"e 
is quoted. 
33 U. 8. If. Rept., G30, 43d congo 1st sess., 1873-4. 
81 U. S. H. Ex. Doc., 117, 43d congo 2d sess. 



POTI.TLAKD CLAIM'. 


281 


reported in favor of the mission's right to the land so 
far only as to amend the bill so as to enable all the 
adverse claimants to assert their rights before the 
courts; and recomnlended that in order to bring the 
matter into the courts, a patent should be issued to 
the Inission, with an aluendment saving the rights of 
adverse claimants and of the United States to any 
buildings or fixtures on the land. 35 
After long delays the title was finally settled in 
November 18.74 by the issuance of a patent to Abel 
G. Tripp, mayor of Vancouver, in trust for the sev- 
eral use and benefit of the inhabitants accordíllg to 
their respective interests. Under an act of the legis- 
lature the mayor then proceeded to convey to the 
occupants of lots and blocks the land in their pos- 
session, according to the congressioDal la,v before ad- 
verted to in reference to to\vn sites. 


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


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



282 


LAND LA'VS AND LAND TITLES. 


registered in the nalne of Pettygrove, Lo\vnsdale 
laid clainl to the \vhole, including Stark's portion, 
and filed his claim to the whole \vith the registrar, re- 
siding upon it in Pettygrove's house. 36 
In l\Iarch 1849 L(nvnsdale sold his interest in the 
clain1 to Stephen Coffin, and ilnmediately repurchased 
half of it upon an agreen1ent with Coffin that he should 
undertake to procure a patent from the United States, 
\vhen the property was to be equally o\vned, the ex- 
penses and profits to be equally divided; or if the 
agreement should be dissolved by lllutual consent, 
Coffin should convey his half to Lo\vnsclale. The 
deed of Coffin reserved the rights of all purchasers of 
lots under Pettygrove, binding the contracting parties 
to l11ake good their titles when a patent should be 
obtained. In December of the same year Lo\vnsdale 
and Coffin sold a third interest in the claim to W. 
"V. Chapn1an, reserving, as before, the rights of lot 
o \v n ers. 
Up to this time there had been no partition of the 
land; but in the spring of 1850, Stark having re- 
turned and asserted his right in the property, a divi- 
sion ,vas agreed to bet\veen Stark and Lownsdale, 
by \vhich each held his portion in severalty, and to 
COnfirll1 titles to purchasers on their separate parcels 
of land, Stark taking the northern and Lownsdale 
the southern half of the claim. . 
Upon the passage of the donation la,v, with its 
various requirements and restrictions, it became neces- 
sary for each claimant, in order not to relinquish his 
right to SOllie other, to apply for a title to a definitely 
described portion of the whole claim. Accordingly, 
on the lOth of March, 1852, Lo\vnsdaJe, having 
been four years in possession, came to an arrange- 
n1ent with Coffin and Chapn1an with regard to the 
division of his part of the claim in \vhich they were 


86 Lownsdale had previously resided west of this claim, on a creek 'where 
he had n. tannery, the first in Oregon to make leather for sale. He paid for 
the claim in leather. Overland Monthly, i. 36. 



TEST CASES. 


283 


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



284 


LAND LA 'YS AND LAND TITLES. 


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


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



RIGHTS OF SETTLERS. 


285 


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



286 


LAND LA \VS AND LAND TITLES. 


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


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



TO'VN SITE LA "'''S. 


287 


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


3907'. Slate8man, Feb. 6, 1855. As the reader has probably noticed, the 
town-site law was extended to Oregon in July 1834, but diù not apply to 
claims already taken, consequently would not apply to Portland. See also 
Dec. Sup, Ct, relative to rPo'Wn Sites in 07..; Or. Statesman, Aug. 8, 1875; O/". 
S. C. Rept R , 1853-4. 
40 A. P. Dennison, and one Spear, made claims which were disallowed. 
The latter's pretensions arose from having leased some land between 1830 and 
1833, and believing that he could claim as a resiùent undcr that act. Denni- 
son's pretensions were similarly founded, and, I believe, Carter's also. 
uß).iefinbeha{fofStark, Coffin, Lownsdal{', and Chapmltn. 1-:?4; Or. States- 
man, Dec. 21, 1858. See also }'Iartin vs T'Vault, 1 Or. 77; Lowm
dale YS 
City of Pm'tland (U. S. D. C.), lOr. 380; Chapman vs School nist/'Ïct No.1 
et at.; Opine Justice Deady, C. C. u. s.; Bw..
e vs Lownsdde. 



288 


LAND LA "\VS AND LAND TITLES. 


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


42 Lownsdale died in April 1862. His widow was Nancy Gillihan, to whom 
he was married about 1850. 
43 A propos of the history of Portland land titles: there came to Oregon 
with the immigration of 1847 a woman, commonly believed to be a widow, 
calling herself Mrs Elizabeth Caruthers, and with her, Finice Caruthers, her 
son. They settled on land adjoining Portland on the south, and when the 
donation law of 1850 was passed, the woman entered her part of the claim 
under the name of Elizabeth Thomas, explaining that she had married one 
Thomas, in Tennessee, who had left her, and who she heard had died in 
1821. She preferred for certain reasons to be known by her maiden name of 
Caruthers. She was allowed to claim 320 acres, and her son 320, making a, 
full donation claim. A house was built on the line between the two portions, 
in which both claimants lived. In due time both' proved up' and obtained 
their certificates from the land office. About 1857 
rrs Caruthers-Thomas 
died; and in 18GO Finice, her son, died. As he was her sole heir, the whole 
640 acres belonged to him. Leaving no will, and being without family, the 
estate was administered upon and settled. 
So valuable a property was not long without claimants. The state claimed 
it as an escheat, Or. Jour. House, 18G8} 44-6, 4G5, but resigned its preten- 
sions on learning that there were heirs who could claim. During this time 
an attempt had been made to prove Finice Thomas illegitimate. This fail- 
ing, A. J. Knott and R. J. Ladd preëmpted the land left by 
1rs Thomas, on 
the ground that being a woman she could not take under the donation act. 
Knott and Ladd obtained patents to the land; but they were subsequcntly 
set aside by the U. S. sup. ct, which held that a woman was a man in legal 
parlance, and that 
lrs Thomas' claim was good. 
M:eantime agitation brought to the surface new facts. There were men 
in Oregon who had known the husband in Tennessee and Missouri, and who 
believed him still alive. Two who had known Thomas, or as he was called, 
'Vrestling Joe, were sent to St Louis. accompanied by a lawyer, to discovcr 
the owner of south Portland. He was found, his identity established, his in- 
terest in the property purchased for the parties conducting the search, and he 
was brought to Oregon to aid in establishing the right of the purchasers. In 
Oregon were .found a number of persons who recognized and iùentifiel1 him as 
'Vrestling Joe of the :Missouri frontier, though old and feeble. He was a, 
man not likely to be forgotten or mistaken, and had a remarkable scar on lJis 
face. In 1872 a case was brought to trial beforc a jury, who on the evidenco 
decided that the man brought to Oregon was Joe Thomas. Soon after, amI 
pending an appeal to the sup. ct, a compromise was effected with the con- 
testants, by the formation of the South Portland Real Estate Association, 
which bought up all the conflicting claims and entered into possession. Sub- 
sequently they sold to Villard. 
After the settlement of the suits as above, 'Vrestling Joe became incensed 
with some of the men connected with the settlement, and denied that hc was 



THE DALLES CLAI
r. 


289 


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


The Dalles town-site clainl was involved in doubt 
and litigation do\vn to a recent period, or during a 
term of t\venty-three years. That the Inethodists 
first settled at this point as lnissionaries is kno\vn to 
the reader; also that in 1847 they sold it to VVhitnlan, 
\vho \vas in possession during the Cayuse \var, \vhich 
drove all the white population out of the country. 
Thus the first clailll \vas methodist, transferred to the 
presbyt.erians, and finally abandoned. But, as I have 


that person, asserting that his name was John C. Nixon, and that all he had 
testified to before was false. This led to the indictment and arrest of the 
men who went to St Louis to find and identify Thomas, but on their trial the 
eYidence was so strong that they were acquitted. Soon after, Thomas re- 
turned to St Louis, where he lived, as before, after the manner of a mendi.. 
cant. See communication by 'V. C. Johnson, in Portland (Jr., Feb. 2, IS;8. 
nIST, OR., VOL. II. l
 



290 


LAND LA \VS AXD LAND TITLES. 


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


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



:MISSION LANDS. 


291 


ciailH against the governnlent for $20,000 for the 
land, and later of $4,000 for the improven)ents, ,vhich 
in their be8t days had been sold to vVhituJan for $600. 
Congress, by the advice of 
Iajor G. J. Raines, then in 
cOlnlnand at Fort Dalles, and through the efforts of 
politicians ,vho kne\v the strength of the society, 
allo\ved both claio1s ;47 and it ,vould have been seeully 
if this liberal indeull1Îty for a false clailll had satisfiell 
the greed' of that ever-hungry body of christian lllin- 
isters. But they still laid clainl to every foot of 
ground ,vhich by their survey of 1850 fell ,vithout 
the boundaries of the 11lilitary reserve, taking enough 
on every side of it to lllake up half of a legal Inission 
donation.4
 
The case canle "before three successive surveyor- 
generals and the land cOlnmissioners,49 and \vas each 
tilHe decided against the 11lissionary society, uutil, as 
I have said, congress ,vas induced to pay danlageB to 
the anlount of $24,000, in the expectation, no doubt, 
that this ,vonld settle the claillls of the 11lissional'ies 
forever. Instead of this, ho\vever, the nlethodist in- 
fluence ,vas strong enough ,vith the secretary of the 
interior in 1875 to enlist hilll in the business of get- 
ting a deed in fee silnple froIn the governluent of the 
. . land clairned by the luis
;Íonaries, 50 although the prop- 


would have been the mission claim if adhered to as originally occupied. 
This also they claimed, managing so well that to make out their section they 
went all around the reserve. Eastern Or., l\1
., 3-5. 
41 Bill passed in June 1860. See remarks upon it by Or. Statesman, April 
2(i, I8.")!); IeZ" 
Iarch 1.3, I8.3!); Iud, A.ff. ]lept, 18,")4, 284-ô. 
48 They made another point-that 'Valler had left Thc Dalles and taken land 
at Salem, where he had hut half a claim, which he wanted to fill up at The 
Da1les. Flllt01i'.
 Eastern Ur., :MS., 7. Deady says notwithstanding that RoL. 
erts had (leclared the sale to \Vhitman cancellcd ill I84!), a formal deed of 
quitclaim was not obtained till Feb. 28, 18.3!); and further, that on the 3d 
of 
o\Tember, 18.38, 'Yalker and Eells, professing to act for the AUlericall 
board, had conveyed the premises to ß1. M. 
IcCan'er and Samuel L. "-hite, 
subject only to the military reseryation, Portland ürcgoniau, Dec. 4, 1879; 
Ur, Statesman, Aug, 2.3 and Sept, 8, 18.3.3. 
49U. 8. II. Ex. J)oc., I, YO!. v.;;, 38th congo 2d sess.; Land Off. Rept, It;ü4, 
2; Portla:nd OrPflonian, Jan. 23, 186.3. 
50 Portland Admcnte, 
Iay 6, 187.3; r anCOlll'f'r Rerli...ter, Aug. 6, 187.3; Y. 
Y. Methodist, in Jralla JValla 8ta f e8man, 
Iay I, 1875. Fulton 
ays James 
K. Kelly told him that Delano had himself Lecn a methodist minister, wliich 
may account for the strong intercst ill this case. Eastern Or., :\18., 6. 



292 


LA
D LA 'YS A1\D LAXD TITLES. 


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


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



REFLECTIONS. 


20::J 


1848, and ,vho really ,vere in possession at the tin1e 
of the passage of the organic act, ,vas set aside, ex- 
cept so far as they ,vere allo\ved to retain about half 
an acre for a building spot. So differently is la\v in- 
terpreted, according to \vhether its advocates arc 
governed by its strict construction, by popular claillor
 
or by equity and common sense. 
In the case of the original 'old mission' of the 
n1ethodist church' in the vVillanlette Valley, the re- 
111 oval of the n1ission school to Salem in 1843 pre- 
vented title. The land on '" hich Salen1 no\v stands 
,vould have come under the law had not the n1ission 
school been discontinued in 1844; and the sanle 111ay 
be said of all the several stations, that they had been 
abandoned before 1850. 
As to the grants to protestant missions, they re-. 
ceived little benefit fron1 them. The Anlerican board 
sold \Vaiilatpu for $1,000 to Cushing Eel1s, as I have 
before rnentioned. It \yas not a to\vn site, and there 
,vas no quarrel over it. An atternpt by the catholics 
to claim under the donation law at vValla 'Valla \vas 
a failure through neglect to rnake the proper notifica- 
tion, as I have also stated else\vhere. No notice of 
the privilege to claim at Lap\vai \vas taken until 186
, 
,vhen the Indian agent of Washington Territory for 
the Nez Percés ,vas notified by Eells that the land he 
,vas occupying for agency purposes ,vas clailned Ly 
the American board, and a contest arose about 
ur- 
veying the land, ,vhich ,vas referred to the Indian 
bureau, Eells forbidding the agent to nlake any fur- 
ther improvel11ents. 63 But as the law under \vhich 



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



2D4 


LAND LA WS AND LAND TITLES. 


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


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



PREËMPTION ÅI.
D PATENTS. 


295 


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

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


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



CHAPTER XI. 


POLITICS AND PROGRESS. 


1853. 


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


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


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


( 296 ) 



COURT DISTRICTS. 


297 


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

onsist of VVashington, Clatsop, Clarke, Le\vis, Thurs- 
ton, Pierce, and Island. By this arrangement Nelson 
\vould have been con1pelled to rernain in contact ,vith 
border life during the relnainder of his term had not 
Deady, ,vha ,vas then president of the council, re- 
lented so far as to procure the insertion in the act of 


2 Amory Holbrook thus named it, meaning it was a carry-all, because it 
had not been adopted act Lyact. Says the Or. Statesmrm, Jan. 8, 1833: 
'The code of Jaws known as the steamboat code, enacted by the legislative 
assembly, has been and is still disregarded by both of the federal judges in 
the territory, \vhile the old Iowa Llue-book, expressly repealeù by the as- 
semhly, is enforced throughout their districts. ' 
3 The U7'. Statesman. Dec. 18, 1832, predicted that he would never come to 
Oregon, anù he ne ver ùiù. 



293 


POLITICS A
D PROGRESS. 


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


The former acts concerning the location of the pub- 
lic buildings of the territory \vere an1ended at this 
tern1 and new boards appointed,5 the governor being 
declared treasurer of the funds appropriated, \vithout 
po\ver to expend any portion except upon an order 
fron1 the several boards constituted by the legisla- 
ture. 6 Here the lllatter rested until the next ternl 
of the legislature. 
4. Jd., Feb. 12, 1853. The State.qman remarked that the majority in the 
house had killed the first bin and decided to lcave the people without courts, 
unless they could carry a party point, when the council in a commenùable 
spirit of conciliation passed a new bill. 
5 'The ncw board consisted of Eli 1\1. Barnum, Albert 'V. Ferguson, and 
Alvis Kimsey. Barnum was from Ohio, and his wife was Frances Latimer of 
1\ or\valk, in that state. The penitentiary board consisted of \Villiam 1\1. 
King, Samuel Parker, and Nathaniel Ford. University board, James A. 
Bennett, John Trapp, and Lucius Phelps. 
6 The acts of this legislature which it may be well to mention are as follows: 
Creating and regulating the office of prosecuting attorney; L. F. Grover he- 
ing appointed for the 2d district, R. E. Stratton for the 1st, and Alexander 
Campbell for the 3d, At the election of June following. R. P. Boisé was 
chosen in the 2d district, Sims in the 1st, and Alex. Campbell in the :3<1. 
Establishing probate courts, and providing for the election o.f constables and 
notaries public. A. M. Poe was made a notary for Thurston county. D. S. 

laJnard of King, John 1\1. Chapman of Pierce, R. H. Lansdale of Island, 
A. A. l")lummer of Jefferson, Adam Van Duscn of Clatsop, James Scudder of 
Pacific, Septimus Heulat of Clackamas, and 'V. M. King of \Vashington 
county. 01'. 8tatrsman, Feb. 26, IS.3:3. An act was passed authorizing the 
appointment of two justices of the peace in that portion of Clackamas east 
of the Cascades, and appointing Cornelius Palmer and J ustill Chenoweth. 
The commissioners of each county were authorized IJyact to locate a quarter- 
section of land for the benefit of county seats, in accorùance with the law of 



LEGISLATION. 


299 


The resolutions of instruction to the Oregon dele- 
gate in congress at this session required his 'endeavor 
to obtain $100,000 for the inlprovelnent of the "\Vil- 


congress passed 1\Iay 26, 1824, and report such locations to the surveyor 
general. Uf'. G('n. Laws, 1832-3, 68. 
I have spoken before of the several new counties created at this session, 
making necessary a new apportionment of representatives, Those north of the 
Columbia. were Pierce, King, Island, and Jefferson. The county seat of 
Pierce was located on the land claim of John 1\1. Chapman at Steilacoom; 
King, 011 the claim of David K :l\Iaynard at Seattle; Jefferson, on the claim 
of Alfred .d, Plummer at Port Townsend; Lewis, on the claim of Frederick 
A. Clark at the upper landing of the Cowlitz. Commissioners of King 
county were A. .d. Denny, John N. Lowe, Luther .M. Collins; David C. Bor- 
ing, sheriff; H. D. Yesler, probate clerk. Commissioners of Jefferson county, 
Lucius B. Hastings, David F. Brownfield, Albert Briggs; H, C. \Yilson, 
s
leriff; A. A. Plummer, probate clerk. Commissioners of Island county, 
Samuel D. Howe, John Alexander, John Crockett; 'V. L. Allen, sheriff; It. 
H. Lansdale, probate clerk. Commissioners of Pierce county, Thomas 1\1. 
Chamhers, \Villiam Dougherty, Alexander Smith; John Bradley, sheriff; 
J ohu 
I. Chà.pman, probate clerk. The county seat of Thurston county was 
located :1t Olympia, and that of Jackson county at Jacksonville, The com- 
missioners appointed were James Cluggage, James Dean, and ALel George; 

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



gOO 


POLITICS AND PROGRESS. 


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


sion, the first enacted in the territory, divorces hitherto haying been granted 
by the legislature, which failed to inquire closely into the cause for COlll- 
plaint. The law made impotency, adultery, bigamy, compulsion or frautl, 
wilful desertion for two years, conviction of felony, habitual drunkenness, 
gross cruelty, and failure to support the wife, one or all justification for sev- 
ering the marriage tie. A later divorce law required three years' abandon- 
ment, not otherwise differing essentially from that of 1832-3. A large Hum- 
ber of road acts were passed, showing the development of the country. 
í In IS31 congress orùered a general reconnoissance from the Rocky :Moun- 
taius to the Pacific, to be performed by the geologists J. Evans, D. D. Owens, 
B. P. Shumard, and Norwood. It was useful in pointing out the location of 
yarious minerals used in the operations of commerce and manufacture, though 
most of the important (1iscoveries have LeenInade by the unlearne(l but prac- 
tical miner. U, 8. H. Ex. Doc., 2, pt ii. 7, 32d congo 1 seSE.; U. S. Sen. Com. 
Rept, 177, 1-3, 6, 3Gth congo 1st sess.; Ur. Speclator, Nov. IS, 1831; Olym- 
pia Columbian, Jan. 22, I 85:!. 
8 No steamship except the Frémont, and she only once, had ventured to 
cross the Umpqua bar. From 1831 to 1838 the following vessels ,...-ere lost 
on the southern coast of Oregon: At or near the mouth of the Umpqua, the 
Bo.<.;tonian, Oaleb Curtis, Roanoke, Achilles, Nassau, Almi'ra, Fawn, and Loo- 
Choo; and at or near the entrance of Coos Bay the Cyclops., Jackl:3on, anJ two 



E:\IIG


T ROAD. 


301 


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


others. In 18.38 the Emil!! Packard was wrecked at Shoalwater Bay. 'Vhen 
nO\". Curry in 183.3-(3 addressed a communication to the secretary of the U. 
S, treasury, reminding him that an appropriation had been made for light- 
houses and fog-signals at the Umpqua and Columbia rivers, hut that none of 
these aiùs to commerce had been received, Guthrie replied that there was no 
immediate need of them at the Umpqua or at Shoalwater Bay. as not more 
than one vessel in a month visited either place! Perhaps there would ha,-e 
lJcell more vessels had there been more light-houses. In Dec. 1856 the light- 
house at Cape Disappointment was completed, and in 1837 those at Cape 
Flattery, New Dungeness, and Umpqua; but the latter was undermined by 
the sea, being set upon the sands. 
9There is a flattering biography of Lane, published. in Washington in 
1832, with the design of forwarding his political aspirations with the national 
democratic convention which met in Baltimore in June of that year. 
I\J U. S. II. Jour., 1039, 1224, 32d congo 1st sess,; U. S. Laws, in Congo Globe, 
1831-32, pt iii. ix.; U. S. H. Jour., 387, 33d congo 1st sess.; Or. Statesman, 
July 10, 1832. 



302 


POLITICS Ai'\D PROGRESS. 


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


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



:MATTERS I
 CO
GRESS. 


303 


He also introduced a bill granting bounty land to the 
officers and soldiers of the Cayuse ,val', ,vhich failed as 
first presented, but succeeded at a subsequent ses- 
sion. U 
A measure in ,,,,,hich Lane, ,vith his genius for mil- 
itary affairs, ,vas earnestly engaged, ,vas one for the 
protection of the Oregon settlers and irnn1igrants fron1 
Indian depredations. Early in February 1852 he of- 
fered a resolution in the house that the president 
should be requested to communicate to that body 
,vhat steps if any had been taken to secure the 
safety of the Ï1nn1igration, and in case none had 
been taken, that he should cause a regin1ent of 
nlounted riflemen to be placed on duty in Rogue 
River Vaney, and on the road bet,veen The Dalles anLl 
Fort Hal1. 15 In the debate \vbich follo,ved, Lane ,vas 
reproved for directing the president ho,v to dispose of 
the arn1Y, and told that tho n1atter could go before 
the l1ìiÜtary comn1Íttee; to 'v hich he replied that 
there ,vas no tin1e for the ordinary routine, that the 
iUlllligration ,vould soon be upon the road, and that 
the regiment of nlounted riflenJen belonged of right 
to Oregon, having been raised for that territory. But 
he ,vas 11let ,vith the staten1ent that his predecessor 
Thurston had declared the regiinent unnecessary, and 
had asked its ,vithdra,vaJ in the nalne of the Oregon 
people; 16 to ,v hich r 
anc replied that Thurston u1Ígh t 
have so believed, but that although in the inhaLited 
portion of the territory the people nlight be able to 
defend themselves, there ,vas no protection for those 


14S peec h of Brooks of N. Y., in Congo Globp, 1851-52, 627. Failing to 
have Orcgon embraced in the benefits of this bill, Lane introlluced his own, 
as has been said, and lost it. But at the 2d session of the 33d congress a 
bounty land bill was passed, which by his exertions was maùe to coY
r 'any 
wars' in which volunteer troops had been regularly enrolled since 1790. Ba- 
con's llJf'rc. Life, 
IS., 16. 
15 Congo Globe, 1831-2, 307. . 
16 The secretary of war writes Gaines: 'All accounts concur in representing 
the Indians of that region as neither numerous nor warlike. The late del- 
legate to congress, 1\1 r Thurston, cOlltÌrmeù this account, anù represented that 
some ill feeling haù sprung up between the tr00ps and the people of the ter- 
ritory, and that the latter desired their removal.' Or. Spectator. Aug. 12, 
1831. 



304 


POLITICS AND PROGRESS. 


travelling upon the road several hundred 111ilcs from 
the settlements, and cited the occurrences of 1851 in 
the Shoshone country. His resolution ,vas. laid on 
the table, but in the nIean time he obtained an assur- 
ance froin the secretary of ,val' that troops should Le 
placed along the overland route in tilne to protect 
the travel of 1852. 17 On the 8th of April Lane pre- 
sented a petition in his o,vn name, as a citizen of Or- 
egon, praying for arnlS and anlmunition to be placed 
by the government in the hands of the people for 
their defence against the savages; hoping, if no other 
measure ,vas adopted, Thurston's plan, which had 
gained the favorable attention of congress, might be 
carried into effect. At the sanIe tirne Senator Doug- 
las, ,vho ,vas ever ready to assist the representatives 
of the Pacific coast, reported a bill for the protection 
of the overland route,tð ,vhich was opposed because it 
,yould bring ,vith it the discussion of the Pacific rail- 
road question, for 'v hich congress ,vas not prepared, 
and ,vhich it ,vas at that time anxious to avoid. The 
bill ,vas postpont
d, Lane's efforts for the protection 
of the territory being partly successful, as the chapter 
folIo,ving ,vill sho,v. 
The reconnaissance from the Willamette Valley to 
Fort Boisé ,vhich the legislature asked for ,vas de- 
signed not only to hold the Indians in check, but to 
.explore that portion of Oregon lying to the east of 
the head waters of the Willamette \vith a vic,v to 
opening a road directly from Boisé to the head of the 
valJey, complaint having been made that the legisla- 
ture had not sufficiently interested itself hitherto in 
explorations for ,vagon routes. But no troops came 
overland this year, and it was left, as before, for the 


17 At the same time Senator Gwin of California had a. bin before the sen- 
ate 'to provide for the better protection of the people of California and Ore- 
gon.' C01lg. Globe, vol. xxiv., pti. p. 471, 32d congo 1st sess,; Or. Statesman, 
April 6, 18.12. 
18 Congo Globe, 1851-2, 1684. 



MILITARY ROADS. 


:305 


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


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

lountains. They nameù the peak to the south of their route :Macey, now 
called Scott peak; and that on the north Diamond peak. They followed 
down a small stream to its junction with Des Chutes River, naming the 
mountains which here cross the country from south-west to north-east the 
'Valker l:ange, and down Des Chutes to Crooked River, from which they 
tra\'elled east to the head of J\Ialheur Riyer, naming the butte which here 
seems to terminate the Rlue Range, King peak. After passing this peak they 
were attackt>d by Indians, who wounded three of the party und captured 
their baggage, when they wandereù for 8 days with only wild berries to eat, 
coming to the old immigrant road GO miles from Boisé, and returning to the 
'Villamctte by this route. Ur. Jour. Council, 1832-3, app. 13-15. Another 
company was sent out in .183:3 to imprO\-e the trail marked out by the first, 
which they diù so hastily anù imperfectly that about 1,500 people who took 
the new route were lost for five weeks among the mountains, marshes, and 
deserts of the region ahout the head waters of the Des Chutes, repeating the 
experiences in a great measure of the lost immigrants of 1845. No lives 
were lost, but many thousanù dollars' worth of property.was sacrificed. Or. 
State8man, Nov. 1, 1833, .1\lay 16, 1834; Albany Re[lÜ
ter, Aug, 21, 1869. I 
have before me a manuscript by 
lrs Rowena Kichols, entitled Indian Af- 
fairs. It relates chiefly to the Indian wars of southern anù eastern Oregon, 
though treating also of other matters. .1\Irs Nichols ,vas but 2! years old when 
with her mother anù grandmother she passed through this experience. She, 
and one other child, a boy, lived on the milk of a cow which their elùers 
managed to keep alive during about six weeks, being unable to eat the beef 
of starving oxen, like their elders. The immigration of this year amounted 
to 6,480 men, women, and children, much less than that of 1852. T. },[erce1', 
in Washington Sketche8, 1\18., 1; IIines' Ur., 209; Olympia Columbian, Kov. 
27. 1852; S. F. Alta, Aug. 16, Sept. 19, Oct. 7, 8, 24, and 23, and Nov. 21, 
183a; S. F. D. Herald, Aug. 31, 1852; Or. Statesman, Oct. 4 and Nov. 1, 
1853; Olympia, Columbian, Nov. 26, 1853. 
20 E\"ans in his Puyallup address says: 'Congress having made an appro- 
priation for a military road between Fort 'Valla \Valla and Fort Steilacoom, 
Lieut Richard Arnold was assigned the duty of expending it. He ayoiùed 

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



306 


POLITICS AND PROGRESS. 


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


I have already spoken of the division of the ter- 
ritory according to the petitions of the inhabitants of 
tlie territory north of the Columbia, and a n1elTIoriai 
of the legislature of 1852-3. This n1easure also 
Lane advocated, upon the ground that the existing 
territory of Oregon ,vas of too great an area, and en- 
couraged the democratic party in Oregon to persist 
in nlelTIorializing congress to renlove the obnoxious 
federal officers appointed by a \vhig president. 24 
The spring of 1853 brought the long-hoped-for 
change in the federal appointlnents of the territory. 
T\vo weeks after the inauguration of Pierce as presi- 
dent, Lane wrote his friends in Oregon that all the 
gate. It was thought that a route might be found which would avoid the 
Umpqua cañon; but after expenùing one quarter of the appropriation in sur. 
"eying, the reulainder was applied to improving the cañon and the Grave 
Creek hills, The contracts were let to Linùsay Applegate and Jesse Roberts. 
Cong. Globe, 1832-3, app. 332; Or. Statesman, Nov. 8, 1853. 
2:.! The survey of this road was begun in October 1834, by Lieut "Tithers, 
U. S. A., and completed, after another appropriation had been obtained, in 
1858, by Co!. Joseph Hooker, then employed by Capt. Mendall of the topo- 
graphical engineers. . Hooker was born in Hadley, l\lass., in 1819, graduated 
at \Vest Point in 1837; was adjutant at that post in 1841, and regimental ad. 
jutant in 1846. He rose to the rank of brevet colonel in the :l\lexican war, 
after which he resigned and went to farming in Sonoma County, Cal., ill 
1833, losing all his savings. \Vhen the civil war broke out he was living in 
Rogue River Valley, and at once offered his services to the government, and 
made an honorable record. He died at Garden City, Long Island, in Octob8r 
187!). Or. State,çmall, June 3, 18(3], and Aug. 18, 18ß2; Bowles' Far JVest, 433; 
S. P. Eull('tin, Nov. 1, 187D. 
23 Lane's Autobiography, MS., 131. For his territory, and not for himself. 
Lane's ambition was for glory, anù not for money. He did compel congress 
to amend the organic act which gave the delegate from Oregon only $2,500 
mileage, and to give him the same mileage enjoyed by the California senators 
and representati\Tes, according to the law of 1818 on this subject. In the de- 
bate it came out that Thurston bad received $000 over the legal sum, 'by 
what autbority the committee were unable to learn.' Congo Globe, 1851-2, 
1377. 
21 The territorial officers chosen by the assembly were A." Bush, printer; 
.L. F.. Grover, auditor; C. N. Terry, librarian; J. D. Boon, treasurer. 



DISTRICTS A
D JUDGES. 


307 


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


25 Olney was a native of Ohio, studied law and was admitted to practice 
in Cincinnati, removing after a few years to Iowa, where he was circuit 
judge, and whence he emigrated to Oregon in 18.31. He resided at different 
times in Salem, Portland, and Astoria. He was twice a member of the legis. 
Iature, and helped to frame the state constitution. He was twice married, 
and had 7 children, none of whom survived him. He died at Astoria Dec. 
28, 1870. 

6The withdrawal of Pratt was a loss to Oregon. He laid the founda- 
tion of the judiciary in the state. An able and conscientious official. 
27George H. \ViUiams was born in Columbia County, N. Y., March 2, 
1823, He receÍ\Ted an academic eùucation, and began the practice of law at 
an early age in Iowa, where he was soon elected judge of the circuit court. 
His circuit included the once famous Half-breed Tract, and the settlers elected 
him ill the hope that he would decide their titles to the land to be good; but 
he disappointed them, and was not reëlected. In the presidential campaign 
of IS,j:'!, he canvassed Iowa for Pierce, and was chosen one of the electors to 
carry the yote of the state to \Yashington. 'Vhile there he obtained the 
appointment of chief justice, and removed to Oregon the following year. 
He retained this position till 1839, when the state was admitted. In person 
tall, angular, and awkward, yet withal fine-looking, he possessed brain 
power and force, and was even sometimes eloquent as a speaker. Corr. S. F. 
Bulleti.n, in Portland Oreyonian, Oct. 8, 18û4. 



308 


POLITICS AND PROGRESS. 


fore he ,vas not duly cOIIllnissioned. On this flilnsy 
pretence, by,vhon1 suggested ,vas not kno\vn,28 Deady 
,vas unseated and Mc
Fadden 29 took his place. Being 
regarded as a usurper by the Inajority of the denloc- 
racy, ]\fcFadden \vas not popular. With his official 
acts there was no fault to be found; but by public 
Ineetings and other\vise Lane was given to under- 
stand that Oregon wanted her o,vn Inen for judges, 
and not ilnported stock. Accordingly, after holding 
one term in the southern district, before the spring 
caIne JVlcFadden was transferred to Washington Ter- 
ritory, and Deady reinstated. From this tin1e for- 
\vard there was no rnore appointing of non-resident 
judges \vith every change of adnlÏnistration at Wash- 
ington. The legislature of 1853-4 once more redis- 
tricted the territory, making Marion, Linn, Lane, 
Benton, and Polk constitute the 1st district; Clat- 
sop, VVashington, YamhilI, and Clackan1as the 2d; 
and the southern counties the 3d-and peace reigned 
thencefor\vard anlong the judiciary. 


As if to crown this trIumph of the Oregon delnoc- 
racy, Lane, whose term as delegate expired \vith the 
32d congress, ,vas returned to Oregon as governor, 
renloving Gaines as Gaines had removed hinl. 30 
Lane's popularity at this tiule throughout the \vest- 
ern and south-western states, whence came t.he Inass 
of the emigration to Oregon, was unquestioned. He 
was denominated the Marius of the Mexican \var,31 
the Cincinnatus of Indiana, and even his proceedings 


28 Lane. was accused, as I have said, of recommending Deady to prevent his 
running for delegate, which was fair enough; but it was further alleged that 
he planned the error in the name, and the removal which followed, for which 
there does not app
ar honorable motive. 
29 Obadiah B. .McFadden was born in \Vashington county, Penn., Nov. 18, 
1817. He studied law, and was admitted to practice in 1842, and in 1843 was 
elected to the state legislature. In 1845 he was chosen clerk of the court of 
common pIcas of his county, and in 18.33 was appointed by President I>ierce 
associate justice of the sup. ct for the territory of Oregon. OlUmpia Echo, 
July 1, 1875. 
30In his AutobiograpllY, MS., 58, Lane remarks: 'I took care to have 
Gaines removed as a kind of compliment to me'! 
slJenkins' History o/the War with JJlexico, 49t\, 



CONGRESSIONAL ELECTION. 


309 


,vith regard to the Rogue River Indians ,vere paraded 
as brilliant exploits to make political capital. There\vas 
an ingenuous vanity about his public and private acts, 
and a happy self-confidence, mingled \vith a flattering 
deference to sorne and an air of dignity to\vard others, 
\vhich made him the hero of certain circles in WaRhii1g- 
ton, as ,veIl as the pride of his constituency. I t ,vas 
,vith acclaim therefore that he ,vas welcoll1ed back to 
Oregon as governor, bringing ,vith him his ,vife, chil- 
dren, and relatives, to the nunlber of t\venty-nine, that 
it n1Ïght not be said of hil'll that he ,vas a non-resident 
of the territory. He had taken pains besides to have 
all the United States officers in Oregon, froln the sec- 
retary, George L. Curry, to the surveyors of the ports, 
appointed fron1 the residents of the territory. 32 
Lane arrived in Oregon on the 16th of l\Iay, and 
on the 19th he had resigned the office of governor to 
become a candidate for the seat in congress he had 
just vacated. The progran1n1e had been arranged be- 
forehand, and his name placed at the head of the 
democratic ticket a month before his return. The 
opposing candidate was Indian Agent A. A. Skinner, 
Lane's superior in lnany respects, and a Ulan every \vay 
fitted for the position. 33 The organization of political 


S2B. F. Harding was made U. R attorney; J. 'V. Nesmith, U. S. mar- 
shal; Joel Palmer, iupt Indian affairs; John Adair, collector at Astoria; A. 
C. Gibbs, collector at Umpqua; '''m 1\1 King, port surveyor, Portland; Rob- 
ert \Y. Dunbar, port surveyor, :Milwaukie; 1>. G. Stewart, port surveyor, 
Pacific City; and A. L. Lovejoy, postal agent. A. C. Gibbs superseded 
Colin 'Vilson, the first collector at Umpqua. The surveyors of ports rc- 
moved were Thomas J. Dryer, Portland; G. P. Newell, Pacific City; N. Du 
Bois, 1\Iilwaukie. Or. Stateßman, April 30, 1833. 
33 Alonzo A, Skinner was born in Portage co., Ohio, in 1814. He received 
a good education, anr1 was admitte<l to the bar in 1840, and in 1842 settled 
in Putnam co., where he was elected prosecuting attorney, his commission 
bcing signed Ly Thomas Corwin. In] 843 he emigrated to Oregon, being ap- 
pointed by Governor Abernethy one of the circuit judges under the provi- 
sional government, which office he retained till the organization of the ter- 
ritory. In 1851 he was appointed commissioner to treat with the Indians, 
together with Governor Gaines and Beverly Allen. In the latter part of that 
year he was made Indian agent for the Rogue Ri\yer Valley, and rcmoved 
from Oregon City to southern Oregon. Bcing a whig, and the territoryover- 
whelmingly democratic, he was beatcn in a contest for the delegateship of 
Oregon in 1833, Lane being the successful candidate. After the expiration 
of hi.3 term of office as' Indian agent, hc returned to Eugene City, which 'was 
foundeù Ly Eugene F. Skinner, where he married Eliza Lincoln, one of the 



310 


POLITICS AND PROGRESS. 


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


As soon as the result becan1e known, Lane repaired 
to his land clair}} near Roseburg, and began building 
a residence for his family.34 But before he had nlade 
Illuch progress, he was c
lled to take part in subduing 
an outbreak aillong the natives of Rogue River Val- 
ley and vicinity, which ,viII be the subject of the next 
chapter. Having distinguished hinlself afresh as gen- 
eral of the Oregon volunteers, he returned to \V:18h- 
ington in October to resume his congressional labors. 


worthy and accomplished women sent out to Oregon as teachers by Governor 
Slade. On the death of Riley E. Stratton, in 18G6, he was appointed by Gov- 
ernor \V ooùs to fill the vacancy on the bench of the sup. ct. On retiring 
from this position he removed to Coos co., and was appointed collector of 
customs for the port of Coos Bay, about 1870. He died in April 1877, at 
Santa Cruz, Cal., whither he had gone for health. Judge Skinner was all old- 
style gentleman, generous, affable, courteous, with a dignity which put vul- 
gar familiarity at a distance. If he did not inscribe his name highest on the 
roll of fame, he left to his family and country that which is of greater value, 
the memory of an upright and noble life. See Portland Oregonian, Oct. 1877. 
34 'I had determined to locate in the Umpqua Valley, on account of the 
scenery, the grass, and the water. It just suited my taste. Instead of in- 
vesting in Portland and making my fortune, I wanted to please my fancy.' 
Lane's Autobiograph!/, 
IS., U3. Gaines also took a claim about ten miles 
from Salem. Or. Statesman, June 28, 18,)3. 



,CHAPTER XII. 


ROGUE RIVER WAR. 


1853-1854. 


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


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



:312 


ROGUß RIVER \Y AR. 


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


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

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



GATHERL
G OF VOLUNTEERS. 


313 


the country, occasionally being fired at by the con- 
cealed foe. 6 A petition \vas addressed to Captain Al- 
den, in cOlnnland of Fort Jones in Scott Valley, 
asking for arms and alnmunition. Alden immediately 
carne for\vard ,vith t\yelve TIlen. Isaac Hill, with a 
small COll1pany, kept guard at Ashland. 7 
On the 7th of June, Hill attacked some Indians 
five miles from Ashland, and killed six of them. In 
return, the Indians on the 17th surprised an iUlnli- 
grant cainp and killed and \vounded several.. 8 The 
houses every,vhere \vere no\v fortified; business \vas 
suspended, and every available man started out to 
hunt Indians. 9 
On the 15th S. Ettinger ,vas sent to Salen1 ,vith 
a request to Governor Curry for a requisition on 
Colonel Bonneville, in comnland at Vancouyer, for a 
ho,vitzer, rifles, and amnlunition, ,vhich \vas granted. 
\Vith the ho,vitzer \vent Lieutenant I(autz and six 
artilleryulen; and as escort forty volunteers, office red 
Ly J. W. N eSlnith captain, L. F. Grover 1st lieu- 
tenant, vV. 1(. Bealo 2d lieutenant, J. D. 1\lcCurdy 
surgeon, J. 1\1. Crooks orderly sergeant. 10 Over t\VO 
hundred volunteers ,vere enrolled in t\VO companies, 
and the chief cOlnmand ,vas given to Alden. Froin 
Yreka there were al80 eighty volunteers, under Cap- 


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



314 


ROGUE RIVER 'VAR. 


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


11 George Dart, Ed ward Sheil, L. A. Loomis, and Richard Dugan consti. 
tuted the commission. 



BATTLE NEAR TABLE ROCK. 


:315 


discharge. The company retreated for shelter, as 
rapidly as possible, to a pine ridge a. quarter of a n1Île 
a\vay, but the savages soon flanked and surrounded 
thenl. The fight continued for three and a half 
hours, Ely having four more nlen killed and four 
,vounded. 12 Goodall with the remainder of his COll1- 
pany then came up, and the Indians retreated. 


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


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



316 


ROGUE RIVER "\VAR. 


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


15 In this expedition, 'V. G. T'Vault acted as aid to Gen. Lane, C. Lewis, 
a volunteer captain, as asst adjutant-gen., but falling ill on the 29th, Capt. 
L. F. Mosher, who afterward married one of Lane's daughters, took his place. 

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



ARl\1ISTICE. 


317 


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



:318 


ROGUE RIVER \V AR. 


The armistice continued inviolate so far as con- 
cerned the volunteer arn1Y under Lane, and the Ind.- 
ians under SaID, J 0, and Jim. But hostilities \vere 
not suspended between independent companies rang- 
ing the country and the Grave Creek and Apple- 
gate Creek Indians, and a band of Shastas under 
Tipso, whose haunts were in the S:skiyou l\loun- 
tains. 20 
A council, prelimin
ry to a treaty, was held the 4th 
of September, \vhen lllore hostages ,vere given, and 
the next day Lane, ,vith Smith, Palmer, Grover, and 
others, visited the Rogue River canlp. The 8th ,,'as 
set for the treaty-n1aking. On that day the \vhite 
l11en presented themselves at the Indian encanlpn1cnt 
in good force and ,veIl armed. There had arri ved, be- 
sides, the cOlnpany from the WiHamette, with I{autz 
and his howitzer,21 all of which had its effect to obtain 
their consent to terlns 'v hich, although hard, the COll- 
dition of the \vhite settlers 111ade ilnperative,22 placing 


20R. Williams killed 12 Indians and lost one man, Thomas Philips. 
Owens, on Grave Creek, under pledge of peace, got the Indians into his camp 
alld shot them all. U. S. II. Ex. Doc., 9D, p. 4, 33<1 congo 1st sess. Ag".iu 
'Yilliams surprised a party of Imlians on Applegate Creek, and after inùuc- 
ing them to lay down their arms shot 18 of them, etc. 
21 The Indians had news of the approach of the howitzer several days be- 
fore it reached Rogue River. They said it was a hyas rifle, which took a 
hatful of powder for a load, and would shoot down a trce. It was au ob- 
ject of great terror to the Indians, and they begged not to have it tired. 
Úr. Statesman, Sept. 2i, 18.33. 
22 The treaty bounù the Indians to reside permanently in a place to be sct 
aside for them; to give up their fire-arms to the agpnt put over them, excelJt 
a few for hunting purposes, 17 guns in all; to payout of the sum receivcd for 
their lands indcmnity for property destroyed by them; to forfeit all their 
annuities should thcy go to war again against the settlers; to notify the 
agcnt of othcr tribes entering the valley with warlike intent, and assist in 
expelling them; to apply to the agent for redress whenever they suffered any 
grievanèes at the hands of the white people; to give up, in short, thcir cn- 
tire independence and become tbe wards of a government of which they kncw 
nothing. 
The treaty of sale of their lands, concluded on tl1e 10th, conveyed 
all the country claimed by them, which was bounded by a line beginning at 
a lJoint near the mouth of Applegate Creek, running southerly to the summit 
of the Siskiyou ß-1ountains, anù along the summits of the Siskiyou and Cas- 
cade mountains to the head waters of Rogue River, and down that stream to 
J limp Off Joe Creck, thence down said 
rcek to a point due north of, and 
thence to, the place of beginning-a temporary reservation being máde of 
ahout 100 square miles on the north side of Hogue niver, betwecn Table 
R(,.;k and Eval1s Creek, embracing but ten or twelye square miles of ar-.11Jle 



COUNCIL AND TREATY. 


319 


the conquered ,vholly in the po,ver of the conquer- 
ors, and in return for 'v hich they were to receive 
quasi benefits ,vhich they did not ,vant, could not 
understand, and \vere better off \vithout. A treaty 
,vas also nlade ,vith the CO\V Creek band of U mpquas, 
usually a quiet people, but a.ffected by contact ,vith 
the Grave Creek band of the Rogue River nation. 23 


land, the remainder being rough and mountainous. abounding in game, while 
the vicinity of Table Rock furnished their favorite edible roots. 
The United States agreed to pay for the whole Rogue River Valley thus 
sold the sum of $60,000, after deducting $15,000 for indemnity for losses of 
property by settlers; $.3,000 of the remaining 84.3,000 to be expended in ag- 
ricultural implements, blankets, clothing, and other goods deemed by the sup. 
most conducive to the welfare of the Iudians, on or before the 1st day of 
September 1834, and for the payment of such permanent improvements as had 
been made on the land reserved by white claimants, the value of which 
should be ascertained by three persons appointed hy the sup. to appraise them. 
The remaining $40,000 was to be paid in 16 equal annual instalments of 
$2,.300 each, commencing on or about the 1st of September, 1854, in clothing, 
blankets, farming utensils) stock, and such other articles as would best meet 
the needs of the Indians. It was further agreed to erect at the expense of 
the government a dwelling-house for each of three principal chiefs, the cost of 
which should not exceed $.300 each, which buildings should be put up as 
soon as practicable after the ratification of the treaty. 'Vhen the IndiaJJs 
should he removed to another permanent reserve, buildings of equal value 
should be erected for the chiefs, and $1.3,000 additional should be paid to the 
tribe in five annual instalments, commencing at the expiration of the previ- 
ous instalments. 
Other articles were added to the treaty, by which the Indians were bound 
to protect the agents or other persons sent by the U. S. to reside among 
them, and to refrain from molesting any white person passing through their 
reserves. It was agr
ed that no private revenges or retaliations should be 
indulged in on either side; that the chiefs should, on complaint being made 
to the Indian agent, deliver up the otTenùer to be tried and punished, con- 
formably to the laws of the U. S.; and also that on complaint of the Indians 
for any violation of law by white men against them, the latter should sufter 
the penalty of the law. 
The sacredness of property was equally secured on either side, the Ind- 
ians promising to assist in recovering horses that had been or might be stolen 
by their people, and the United States promising indemnification for prop- 
erty taken from them by the white men. Anù to prevent mischief being 
made by evil-disposed persons, the Indians were required to delÏ\Ter up on 
the requisition of the U. S. authorities or the agents or sup. any white per- 
son residing among them. The names appended to the treaty were Joel 
Palmer, superintendent of Indian affairs; 
amuel H. Culver, Indian agent; 
Apscrkahar (Jo), Toquahear (Sam), Anachaharah (Jim), John, and Lympe. 
The witnesses were Joseph Lane, Augustus V. Kautz, J. 'Yo .Nesmith, R, B. 
:Metcalf, John (interprcter), J. D. :Mason, and T. T. Tierney. Or. Stat-es- 
man, Sept. 27. 18,)3; Nesmith's nemini.
cencps, in Traus. Or, Pioneer As.';n., 
1879, 46; Portland ,rest Shore, 
Iay, 1879, 154-5; 8. J;
 Alta, Sept. 24, 18.33; 
Palmer's JVagon Trains, 
18., 50; Ind. Ajf. Rept, 18.36, 26.3-7; anù 186.3, 
469-71. 
23 Tþ.e land purchased from the Cow Creek band was in extent about 800 
square miles, nearly one half of which was excellent farming land, and the 
remainder mountainous, with a good soil and fine timber. The price agreed 



320 


ROGUE RIVER VV AR. 


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


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


upon was $]2,000, two small houses, costing about $200, fencing and plowing 
a field of five acres, and furnishing the seed to sow it; the purchase money 
to be paid in annual instalments of goods. This sum was insignificant com- 
pared to the value of the land, but bargains of this kind were graded by the 
number of persons in the band, the Cow Creeks being but few. Besides, 
Indian agen.s who intend to have their treaties ratified must get the best 
bargains that can be extorted from ignorance and need. 

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



COST OF FIGHTING. 


321 


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


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



CHAPTER XIII. 


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


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


LATE in October 1853 intelligence ,vas received in 
Oregon of the appointment of John 'V. Davis of In- 
diana as governor of the territory.! He arrived very 
opportunely at Salem, on the 2d of December, just as 
the legis]ative assen1bly was about to convene. He 
brought \vith hin1 the forty thousand dollars appro- 
priated by congress for the erection of a capitol and 
penitentiary, ,vhich the legislature had been anxiously 
a\vaiting to apply to these purposes. Whether or 
not he was aware of the jealousy ,vith \vhich the la\y- 
nlaking body of Oregon had excluded Governor Gaines 
from participating in legislative, affairs, he prudently 


1 Davis was a native of Pennsylvania, where he studied medicine. He sub- 
sequently settled in Indiana, served in the legislature of that state, being 
speaker of the lower house, and was three times elected to congress, serving 
from 1835 to 1837, from 183!) to 1841, and from 1843 to 1847. He was once 
speaker of the house of representatives, and twice president of the national 
democratic convention. During Polk's administration he was commissioner 
to China. He died in 18.39. Or. Statesman, Oct. 25,1833; Id., Oct. II,18.:>9; 
Or. Argus, Oct. 15, 1859. 


(322) 



LEGISLATURE 1853-4. 


823 


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

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



324 LEGISLATIO
, :\IIXIXG, AND SETTLE
IENT. 


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


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

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


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



RAILROAD CHARTERS. 


f)O" 
"..,) 


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

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

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



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



APPROPRIATIOXS. 


327 


gate in adyocating them. The principal approprIa- 
tions no\v obtained \vere the SUlll before 111entioned 
fur paying the expenses of the Rogue River ,var; 
$10,000 to continue the nlilitary road fro111 l\Iyrtle 
Creek to Scottsburg; "and $10,000 in addition to a 
furnler appropriation of $15,000 to construct a light- 
hou
e at the 1110uth of the U 111pqua, ,vith a propor- 
tionate part of a general appropriation of $59,000 to 
be used in the construction of light-houses on the coasts 
of California and Oregon. 12 


12 Congo Globe, 1833-4, 2249. This work, which had been commenced 
on the Oregon coast in 1833, was delayed by the loss of the bark Uriole 
of Baltimore, Captain Lentz, wrecked on the bar of the Columbia the 
19th of Sept., just as she had arrived inside, with material and men to 
{'rcet the light-house at Cape Disappointment. The wind failing, on the 
cbh of the tide the Oriole drifted among the breakers, and on account of the 
stone and other hea\-y cargo in her hold, was quickly broken up. The 
crew and twenty workman, with the contractor, F. X. Kelley, a
HI the bar- 
pilot, Capt. Flavel, escape(l into the boats, and after twelve hours' work to 
keep them from being carried out to sea, were picked up by the pilot-boat 
and taken to Astoria. Thus ended the first attempt to Luild the mueh needed 
light-house at the mouth of the Columbia. In 1854 Lieut George H, Derby 
was appointed superintendent of light-houses in Cal. and Or. Additional ap- 
propriations were asked for in 1834. In 1856 the light-house at Cape Disap- 
pointment was completed. Its first keeper was John Boyd, a native of 
1\Iaine, who came to Or. in 1833, and was injured in the explosion of the Ga- 
'Zelle. He married 1\Iiss Olivia A. Johnson, also of l\Iaine, in 18.')9. They 
had four children. Boyd died Sept. 10, 1863, at the Cape. Portland 01'ego- 
niall, Sept. 18, 1863. The accounting officer of the treasury was authorized 
to adjust the expenses of the commissioners appointed by the tel'. assembly 
to pl"epare a code of laws, and of collecting anù printing the laws and archives 
of the provo govt, U. S. IJollse Jow'" 7
3, 33d congo 1st sess; Congo Globe, 
1833-4, app. 2322. The laws anù archives of the provisional government, 
compiled by L. F. Grover, were printed at Salem by ...\.sahel Bush, The 
code was sent to New York to be printed. The salaries of the ter. juùges 
and the sec. were increased $500 each, and the services of Geo. L. CUlTY, 
while acting governor, were computed the same as if be bad been gov- 
ernor. The legislative and other contingent expenses of the tel'. amounted 
to :::;3
,000, besides those of the surv.-gen. office, Ind. dep., mil. dep., and 
mail service. The expenses of the gO\yt, llOt incluùed ill those paid by 
the U. S., amounted for the fiscal year ending Dec. 1833 to only 
3,339,34; 
aud the public debt to no more than 8833.37. 01'. Stalesm,an, Dec. 20, 1853; 
Or, JOllrnal Conncil, 1833-4, p. 14;3-3; Portland Oregonian, Jan. 27, 1834. 
Two new districts for the collection of customs were established at the 2d 
sess. of the 33d cong., viz., Cape Perpetua., and Port Orford, with collectors 
drawing salaries of $2,000 each, who might employ each a clerk at $1,300; 
and a deputy at each port of delivery at $1,000 a year; besides gauger, weigh- 
er, and measurer, at 86 a day, amI an inspector at $ t Congo Globe, vol. ;31, 
app. 384, :33d cong, 2d sess. The port of entry for the district of Cape Per- 
petu3. was fixed at Gardiner, on the Umpqua Ri\?er. 1\Iore vessels entered 
the Columbia than all the other ports tog(,ther. From Sept. I, 1833, to July 
13, 18,')4, inclusÏ\ye, there were 179 arrivals at the port of Astoria, all from 
. 
F. except one froUl Coos Bay, two from Xew York, and one from London. 
The London vessel brought gooùs for the Huùson's Bay Company, the only 



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


N ext to the paYll1ent of the war debt ,vas the 
dernand for a more efficient Inail service. The peo- 
ple of the 'Villanlette Valley still conlplained that 
their nlails ,vere left at Astoria, and that at the best 
they had no lllore than t,vo a lTIonth. In 'southern 
Oregon it ,vas still ,vorse; and again the citizens of 
U 111pq ua l11emorialized congress on this vexatious sub- 
ject. It \vas represented that the valleys of southern 
Oregon and northern California contained SOlne 30,000 
inhabitants, ,vho obtained their lnerchandise frolH 
U lnpqua harbor, and that it \vas in1peratively neces- 
sary that nlail COlnll1Unication should be established 
bet,veen San Francisco and these valleys. Their pe- 
tition ,vas so brought before congress that an act ,vas 
passed providing for the delivery of the 111ails at aU' 
the ports along the coast, froln HUDlboldt Bay to 
Port To\vnsend and OlYlnpia, and $125,000 appropri- 
ated for the service. 13 Houses ,vere built, a ne\vspa- 
peru ,vas established, and hope beat high. But again 


foreign vessel entering Oregon during that time. The departures from the 
Columbia numbered 184, all for S. F. except one for Coos Bay, two for Ca- 
llao, one for Australia, and one for the S. I. l\'fost of these vessels carried 
lumber, the number of feet exported being 22,5G7,000. Or. Statesman, Aug. 
. 1, 18.34. The direct appropriations asked for and obtaine{l at the 2d sess. of 
this congo were for the creation of a new land district in southern Or. called 
the Umpqua district, to distinguish it from the 'Villamette district, with an 
office at such point as the president might direct, Zabriskie Lcwd Lfl1{,"
, ();j6; 
COllY, Globe, vol. 31, app. 380, 3:
J congo 2<.1 sess., the appropriation of $-!O,- 
000 to complete the penitentiary at Portland, $
7,000 to complete the state 
house at Salem, and $30,000 to construct the military road from Salem to 
Astoria, marked out in 18.jO by Samuel Culver and Lieut 'Vood of the 
mounted rit1es. 01". State8man, Oct. 3, 1830. The military road to Astoria 
was partly constructed in 18;).'), under the direction of Lieut Derby. Money 
failing, a further appropriation of $1.\000 was applied, and still the road re- 
mained practically useless. The appropriation of $:
O,OOO for a light-ho.use at 
the Umpqua was also expended hy government officers in 18,")7. The towcr 
',,-as 103 feet high, but being built on a sandy foundation, it fell over into the 
sea in 1870, It does not appear that the money bestowed upon Oregon hy 
congress in territorial times accomplished the purposes for which it was de- 
signed. Not one of the military roads was better than a mule trail, every 
ro<ul that could be travelled hy wagons being opened by the people at thcir 
own expense. 
13 lJ. 8. J I. Jour" 
37, 38R, 411, 516,536,063, 33d congo 1st sess.; U. S. Il. 
Ex. Doc., i. pt ii. G15, G
-l, 701, 3:
{1 congo 2(1 sess. 
B By D. J. Lyon, at Scottsburg, called the Umpqua Gazette. It was first 
issne,1 ill April 18.'}4, amI its printer was 'Villiam J. Beggs. In Nov. IS.3...., 
G. D. It. Boyd purchased a half-interest, and later remo"ed the material to 
J acl,:sol1ville where the publication of the Table Rock Sen,tinel was begun in 



BEACH GOLD 
IINIXG. 


229 


in the sunl111er of 1854, as after the efforts of Thurs- 
ton, the Pacific 
fail Stealllship C01l1pany n1ade a 
spas!11odic pretence of keeping their contract, \"hich 
,vas soon again abandoned out of fear of the Ull1pqua 
bar,t5 and this abandonn1ent, together ,vith the suc- 
cessful rivalry of the road fronl Crescent City to the 
Rogue I
iver Valley, and the final destruction of the 
Scottsburg road by the extraordinary storins of18Gl-2, 
terininat
d in a fe\v years the business of the U Inp- 
qua, except such lumbering and fishing as ,vere after- 
,vard carried on belo\y Scottsburg. 


The history of beach mining for gold began in the 
spring of 1853, the discovery of gold in the sand of 
the sea-beach leading to one of thosé sudden 111igra- 
tions of the lllÍlling population expressively tern1ed a 
'rush.' The first di
covery ,vas nlaJe by sonle half- 
breeds in 1852 at the lllouth of a creek a fe\v nlÎles 
north of the Coquille, near \vhere Randolph appears 
on the Inap.16 The gold \vas exceedingly fine, the use 
of a n1Ïcroscope being often necessary to detect it; yet 
when saved, by arnalgalllation with nlercury, \vas 


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



330 LEGISLATION, 
lINING, AND SETTLE
lENT. 


found to be in paying quantities. The sand in \vhich 
it ,vas found existed not only on the lTIodern beach, 
but on the upper Coquille, forty miles in the interior, 
at a place kno\vn as Johnson Diggings; but the prin- 
cipal deposits \vere fron1 the Coquille River south 
along the recent beach to the California line. 17 
A lnining to\vn called Elizabeth sprung up during 
the sun1n1er about thirty 111iles south of Port Orford, 
and another seven miles north of the Coquille, called 
Randolph City. IS The latter nan1e may still be found 
on the ulaps, but the to\vn has passeù out of ex- 
istence \vith hundreds of others. For, although the 
returns froln certain localities were at first flattering, 
the irregular value of the deposits, and the difficulty 
of disposing of the gold on account of expense of sep- 
aration, soon sent most of the nliners back to the 
placer diggings of the interior, leaving a few of the 
less in1patient to further but stil1 futile efforts. 
The natives living at the n10uth of the Coquille 
questioned the right of the ,vhite lIlen to occupy that 
region, and added to insolence robbery and murder. 
Therefore, on the 28th of January, a party of forty, 
led by George H. Abbott, \vent to their village, killed 
fifteen Inen, and took prisoners the \VOlnen and chil- 
dren. Seeing \vhich, the chiefs of other villages \vere 
Ii 'The deposit where the gold was found is an ancient beach, 1 
 miles east 
or hack of the present beach. The mines are 180 feet above the level of the 
ocean, which has evidently receded to that extent. The depth of the gold 
varies from one to twelve feet, there being 12 feet on the ocean siùe to one 
foot on what was formerly the shore side. The breadth is from 300 to 500 
feet, which is covered with white sand to a depth of 40 feet. The surface is 
oyergrown with a ùense forest, anù trees of great size are found in the black 
sand) in a good state of preservation, which proves that there the Leach was 
at no remote period. Iron is a large component of this black sand, and it 
would probably pay to work it for that metal now. ' Gale's EfJso'llrces of Coos 
County, 31. See also Van rpramp'8 Adventures, 154-5; ArrnstrOllfl'.') Or., G4- 
5, 57-Ð; Darid.'ion','3 Coa.çt Pilot, 119; IIarptr's .11Icnthly, xiii. 
Ð4-5; S, F. 
Com. Arlverti,c r, Feb. 23, 1854; Taylor's Spec. P'l.ess, 584; Cram's 'Pop. 
}.[em..37. 'V. P. Blake, in Silliman's Jou'J'11ftl, vol. 20, 74, says: 'Gold is 
found in the beach sand from the surface to the (lepth of 6 feet or more; it is 
in yery small thin scales, and separates from the blaek sand with difficulty. 
Platinum and the associate metals, iridosmine, etc., are found ,vith the gold 
in large quantities, amI as they cannot he separated from the gold by washing, 
its value in the market is considerably lessened.' 
18 Parrish, in Ind. Atf. Rept, 18.34, 268-75, 288; S. F. Alta, June 5, 6, 
July 15, and Aug. I G, 18G4. 



COOS BAY CO:\IP_\NY. 


331 


glad to 111akü peace on any ternls, and keep it until 
driven again to desperation. 19 
Superintendent Paln1er, in the spring of 1854, began 
a round of visits to his sayage ,yards, going by the 
,yay of the Rogue River 'Talley and Crescent City, 
and proceeding up the coast to Yaquina Bay. Find- 
ing the Indians on the southern coast shy and unap- 
proachable, he left at Port Orford Sub-agent Parri
h 
\vith presents to effect a conciliation. 20 


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


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



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


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


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



COOS BAY COAL. 


333 


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

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

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



334 LEGISLATION, l\IIXIXG, AND SETTLE:\lENT. 
frOITI three to five vessels loadino- at a tilne \vith ]U111- 
ð 
Ler and coal, since \vhich period coal-n1iniu cr , 1l1l11ber- 
ing, and ship-building have been carried ;n at this 
point \vithout interruption. Railroads \vere early 
projected, and many ,vho first engaged in the dcyeI- 
opnlent of coal mines became wealthy, and resided 
here till their death. 31 
Some also were unfortunate, one of the share- 
holders, Henry A. Stark, being dro\vned in the spring 
of 1854, \vhile attelTIpting ,vith five others to go out 
in a sInall boat to SOUle vessels lying off the bar. 32 
Several of the U Inpqua COlnpany, after. the failure of 
that enterprise, settled at Coos Bay, prominent among 
'Vh0111 ,vas S. S. l\fann, author of a panlphlet on the 
early settleulent of that region, elnbel1ished \vith an- 
ecdotes of the pioneers, 'v hich ,vill be of interpst to 
their descendants. 33 
Any ne\v discovery sti111ulated the c01l1petitive 
spirit of search in other directions. Siusla\v River 
,vas explored \vith a vie\v to determining ,vhether the 


81 P. Flanagan was one of the earliest of the early settlers. At Randolph 
his pack-train and store were the pioneers of trade. Then at Johnson's antI 
on The Sixes in a similar way. Later, he became associated in the partner- 
s!ìÏp of the Newport coal mine, where his skill and expérience added largely 
to its success. 
32 Stark was a native of New York, emigrated to Cat in 1849, thence to 
Or. in Hmo. He was a land claimant for the company at Coos Bay, as well 
as a shareholder. John Duhy, a native of New York, emigrated to the S, I. 
in 1840, thence to Cal. in 1848, going to Yreka in 1851, and thence to Coos 
Bay at its settlement in 1853. John Robertson was a native of Nova Scotia, 
and a sailor. John \Villters was horn in Penn., anù came to Or. through 
Cal. Alvin Brooks, born in Vt, came to Or. in 1831. John :Mitchell of New 
York, a sailor, came to Or. ill 1831. Portland Oregonian, l\lareh 2;', 1834; S. 
F. Altn, :March 22, 1834. 
33 Coos Bny Settlement, 18. This pamphlet of 25 pages is made up of 
scraps of pioneer hi
tory written for the C008 Bay ill ail, by S. S. l\fann, after- 
ward republished in this form by the l11ail publishers. :Mann, being one of 
the earliest of the pioneers, was enabled to give correct information, and to 
his writings and correspondence I am much indebted for the facts here set 
down. l\lann mentions the names of T. D, ""'Inch ester, H. H, Luse, A. 
f. 
Simpson, John Pershbaker, Jam
s Aiken, Dr Foley, Curtis Noble, A, J. 
Davis, P. Flanagan, Amos and Anson Rogers, H. P. 'Vhitney, 'V. D. L. F. 
Smith, David Holland, I. Hacker, IL F. Ross, Y okam, Lan:lreth, HOll
f)n, 
Collver, Bogue, 
Iiller, :l\IcKllight, Dryden, Hirst, Kenyon, Nasburg, Coon, 
:l\1orse, Cammann, Buckhorn, and De Cussans, not already mentionefl 
among the original proprietors of the Coos Bay Company; amI also the names 
of Perry, Leghnherr, Rowell, Dement, Harris, Schroeder, Grant, and Ham. 
Llock, among the early settlers of Coquille Valley. 



ROAD EXPLORATIO
S. 


33.'5 


course of the ri \yer \vas such that a practicable COll1- 
111unication could be obtained bet\veen it and the 
Dlnpqua through Slnith River,34 a northern branch 
of the Siusla\v. The exploration was conducted by 
N. Schofield. The object of the opening of the 
proposed route ,vas to make a road fron1 the VViI13- 
111ette "'T" alley to the U n1pqua, over \vhich the products 
of the valley rnight be brought to Scottsburg, at the 
saIne tin1e avoiding the most difficult portion of the 
mountains. But nature had interposed so nlany ob- 
stacles; the strearllS \vere so rapid and rocky; the 
lllountains sa rough and heavily tin1bered; the valleys, 
though rich, so narro\v, and filled ,vith tangled gro\,yths 
of tough vine-maple and other shrubby trees, that 
any road fron1 the coast to the interior could not but 
be costly to build and keep in repair. The Siusla \v 
exploration, therefore, resulted in nothing nlore ben- 
eficial than the acquisition of additional kno\vledge of 
the resources of the country in tilnber, water-po,,"er, 
and soil, all of ,vhich were exceHent in the valley of 
the Siu
la\v. 
Other explorations were at the same tilDe being 
carried on. A trail was opened across the Inountains 
frotn Rogue River Valley to Crescent City, \yhich 
cOlnpeted ,vith the Scottsburg road for the business 
of the interior, and became the route used by the go v- 
ernluent troops in getting from the seaboard to Jj-'ort 
Lane. 35 Gold-hunting \vas at the san1e time prose- 
cuted in every part of the territory \vith varying 
success, of \v hich I shall speak in another place. 36 
S-I This is the stream where Jedediah Smith had his adventure with the 
Indians who massacred his party in 1828, as related in my History of the 
N orthzæst Coast. 
s.; Deady's Hist. Or., MS., 2.3. . 
36 :Mount Hood, Indian name Wiyeast, was ascended in August 18.34. for 
the first time, by a party consisting of T. J. Dryer of the Orr[Jonian, G. U. 
Haller, Olney, 'VeIls Lake, and Travillot, a French seaman. Dryer ascendetl 
:Mount St Helen, Loowit LetHa, the previous summer, and promised to climb 
:Mounts Jefferson, Phato, and the Three Sisters at some future time. He 
as?ertained the fact that Hood ancl St Helen were expiring volcanoes, which 
still emitted smoke and ashes from vents near their summits. Uj"c[Jonian, 
Feb. 2.3 and Aug. I!), 18.34. The first ascent of 
roullt Jefferson was m:1.de 
by P. Loony, John Allphin, 'Villiam Tullbright, John 'Yalker, anù E. L. 



336 LEGISLATIO
, l\IINIXG, AND SETTLE
IENT. 


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

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

Iassey, 'July II, 1854, a party prospecting for goJd in the Cascade :l\1oun- 
tains. 01'. Statesman, Aug. 22, 1834. l\lt Atlams was called by the Indians 
Klickilat, anù 
lt Rainier, Takoma. Gold-hunting in the Cascade .J..1Iountains, 
l)assim. 
3. Payne P. Prim was bonl in Tenn. in 1822, emigrated to Or. in 1851, 
and went to the mines in Rogue River Valley the following year. His elec- 
tion as prosecuting attorney of the southern tlistrict brought him into notice, 
and on the division of the state of Oregon into four judicial districts, and when 
Deatly, chosen juùge of the supreme court from that district, was appointed 
U. S. dist. judge, t:le gov. app{)inteJ Prim to fill the vacancy fro
n the ] st 
district for the remainder of the term, to which office he was subsequentIy 
elected, holùing it for many years. 
\ valuable manuscript, entitled Prim's 
Judicial Anecdotes, has furnished me very vivid reminiscences of the manner 
of administering justice in the early mining camps, and first organized courts, 
to which I have occasion to refer frequently in this work. See PopztlwJ' 'l''j'ib- 
'linn l8, passim, this series. 
38 Riley E. Stratton was a nati\Te of Penn., born in 1821. He was taught 
the trade of a millwright, but afterward took a collegiate course, and grad- 
uated at .Marietta, Ohio, with the intention of becoming a minister; his 
plans being changed, he studieù law, and was admitted to the bar in ::\Iatli- 
son, Ind., coming to Or. by way of Cape Horn in 18;>2, his father, C. P. 
Stratton, emigrating overland in the same year. C. P. Stratton ,vas born 
in New York Dec. 30, 1799. He re!11oyed to Penn. in his boyhooù, and 
again to Inù. in 1836. He had twelve children, of whom C. U. 8tratton is 
a l1lini
ter of the methodist church, and president of the UnÌ\'ersityof the 
Pacitic in California. He settled in the Umpqua Yalley, but subsequently 
removed to 
alem, where he dieù Feb. 2G, It;ï3. Riley E. Stratton settled 
at Scottsburg. He was elected prosecuting attorney of the southern district 
by the legislative assembly in 1833-4; but beaten by Prim a
 the election by 
the people, as stated above. ''"'hen Oregon became a state he was elected 
judge of the 2d judicial district, and reëlcctetl in 1864. He marrietl Sarah 
Dearborn in 
laùi::;on, Indiana. He 18ft the democratic party to support the 
union on the b:'C:lkillg-out of the 1'
LeIEoa, lIe W3.) an affa
)lc, honor
hlc, 
an 1 popu!.r m:t::} , IL3 dca

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



BARD TI
IES. 


337 


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


In the spring of 1854 there ,vere conlplaints of 
hard times in Oregon, \vhich ,vere to be accounted for 
partly by the Indian disturbances, but chiefly by 
reason of neglect of the farming interests and a faIl- 
ing-off in the yield of the 111ines. The gre
t reaction 
,vas at hand throuahout the coast. BusIness \vas 
o 
prostrated in California, and Oregon felt it, just as 
Oregon had felt California's first flush on finding gold. 
To counteract the evil, agricultural societies began 
to be formed in the older counties. 41 The lUlubering 
interest had greatly declined also, after the erection 


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


BIST. On" VOL, II. 22 



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


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



PROPOSED TELEGRAPH. 


339 


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


.1 The first express company operating in Oregon was Todd & Co., fol- 
lowed very soon by Gregory & Co., both beginning in 1831. Todd & Co. sold 
out to Newell & Co. in 1852. The same year Dugan & Co., a branch of 
Aùams & Co., began running in Oregon; also T'Vault's Oregon and Shasta 
express, and :McClaine & Co. 's Oregon and Shasta express. In the latter part 
of 1852 Adams & Co. began business in Oregon; but about the beginning of 
1853. with other companies, retired and left the fielù to 'Yells, Fargo & Co., 
improved mail communication gradually rendering the services of the com- 
panies, except for the carrying of treasure and other packages, superfluous. 
The price fell from fifty cents on a letter in a gradually declining scale to ten 
cents, where it remained for many years, and at last to five cents; and pack- 
ages to some extent iÙ proportion. Besides the regular companies, from 1849 
to 1832 there were many private express riders who picked up considerable 
money in the mountain camps. 
48 Charles F. Johnson, an agent of the Alta California Telegraph Company, 
first agitated the subject of a telegraph line to connect Portland with the 
cities of California, and so far succeeded as to have organized a company to 
COIlstruct such a line from Portland to Corvallis, which was to be extended 
in time to meet one from Marysville, California, to Yreka on the border. 
The Oregon line was to run to Oregon City, Lafayette, Dayton, Halem, and 
Corvallis, It was finished to Oregon City Nov. 15, 1853, the first message 
being sent over the wires on the 16th, and the line reaclled Salem by Sept. 
18;)ß, but it was of so little use that it was never completed nor kept in re- 
pair. N either the interests of the people nor their habits made it requisite. 
In 1868 the California company had completed their line to Yreka, for which 
during the period of the civil war, the Oregonians had reason to be thankful, 
and having taken some long strides in progress during the half-dozen years 
between 1835 and 1861, they eagerly subscribed to build a line to Yreka from 
Portland, on being solicited by J. E. Strong, former president of the same 
company. Of the Oregon company, W. S. Ladd was elected president; S. 
G. Reed, secretary; H. W. Corbett, treasurer; John 
lcCracken, superin- 
tendent; 'V. S. Ladd, D. F. Bradford, A. G. Richardson, C. N. Terry, and 



840 LEGISLATION, MINING, A
D SETTLE)iENT. 


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


A. L. Lovejoy, directors. Strong, contractor, owned considerable stock in 
it, which he sold to the California State Telegraph Company in ] 8lm, the 
line being completed in l\Iarch. In 1868 a line of telegraph was extended to 
The Dalles, and eastward to Boisé City, by the Oregon Steam :Kavigation 
Company. in 1869. A new line to the east was erected in 1876, which was 
extended to S. F., and a line to Astoria at the mouth of the Columbia. 
49The Gazellé was a side-wheel boat built for the upper \Yillamette in 
]853 by the company which constructed the basin and hoisting 'Works at 
the falls, and began to run in 11arch 1834, but in April exploded. her boiler 
while lying at her wharf, causing the most serious calamity which e\TCr oc- 
cUlTed on Oregon waters, She had on board about 50 persons, 22 of whom 
were killed outright and many others injured, some of whom died soon after. 
Among the victims were some of the principal persons in the territory: Dan- 
iel D, Page, superintendent of the company owning the GCLzplle, whose wife 
and daughter were killed by the explosion of the Jnmy Lind in San Francisco 
Bay April II, 1833; Rey. James P. 11iller. father of l\1rs E. 
I. 'Yilson of 
The Dalles; David 'Yoodhull. and Joseph Hunt of l\fichigan; Judge Burch, 
David Fuller, C. \Voodworth, James \Vhite, Daniel Lowe, John Clemens, 
J, 1\1. Fudge, Blanchet, Hill, l\lorgan, John Blaimer, John Daly, John K. 
l\liller, Michael Hatch, l\:1ichael l\lcGee, Charles Knaust, David .McLane, 
Piaut, and an unknown Spanish youth. Or. State.sman, April 18, 18.')4; Ann- 
strong's Or., 14; Brown's Salem fl'irectory, 1871, 35. Among the wounded 
were l\1rs l\Iiller, Charles Gardiner, son of the surveyor-general, Robert 
Pentland, l\1iss PeB, C. Dobbins, Robert Shortess, B. .F. Newby, Captain 
Hereford of the Gazelle, John Boyd, mate, and James Partlow, pilot. The 
chief engineer, Tonie, who was charged with the responsibility of the accident, 
escaped and fled the territory. Portland Ore!/ouian. Jan. 29, 1870. The 
Ore!}on, another of the company's boats, was sunk and lost the same season. 
The wreck of the Gazelle was run over the falJs, after being sold to :L\lurray, 
Hoyt, and \Vells, who refitted her and named her the Seiio'rita, after which 
she was employed to carry troops, horses, and army stores frum Portland to 
Vancouver and the Cascades. In 1837 the machinery of this hoat was lmt 
into the new steamer H assaloe, while the Se7îorUa was provided with a more 
powerful engine, and commanded by L. Hoyt, brother of Richard Hoyt. In 
1834 the pioneer steamboat men of the upper 'Villamette, captains A. .F. 
Hedges and Charles Bennett, sold their entire interests and retired from the 
ri vel'. 
In 1855 a new class of steamboats was put upon the Willamette above the 
falls, stern-wheels being introduced, which soon displaced the side-wheel boats. 
This chan
e was effected by Archibald Jamieson, A. S. l\Iurray, Amory Hol- 
brook, and John Torrence, who formed a company and built the Enterprise, a 
small stern-wheel boat commanded by Jamieson. This boat ran for 3 years 
on the Willamette, and was sold during the mining rush of 1858, taken over 
the falls and to Fraser River by Thomas \V right. She finished her career on 
the Chehalis River. Her first captain, Jameison, was one of a family of 
fixe steamboat men, who were doomed to death by a fata]ity sad and re- 
markable. Arthur Jamieson was in command of the steamer Portland, 
which was carried over the falls of the \Villamette in March 1857; another 
brother died of a quick consumption from a cold contracted on the ri \Oer; an- 
other by the explosion of the steamer Yale on the Fraser River; and finally 
Archibald and another brother by the blowing up of the Gar'iboo at Victoria. 
Another company, consisting of captains Cochrane, Gibson, and Cassady, 



IXLAND NAVIGATION. 


341 


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


formed in 18.36, built the James Olinton and Surprise, two fine stern-whcel 
boats. In 18.37 the Elk was built .for the YamhiU River trade by Switzler, 
:Moore, and 11arshall; and in 1858 the first owners of the Elzterprise built 
the Unward, the largest steamboat at that time on the upper river. 
In 1860 another company was incorporated, under the name of People's 
Transportation Company, composed of A. A. .McCully, S. T, Church, E. N. 
Cook, D. 'V. Burnside, and captains John Cochrane, George A. Pease, Joseph 
Kellogg, and E. \V. Baughman, which controlled the \Villamette River trade 
till 1871. This company built the Dayton, Reliance, Echo, E. D. Baker, Iri.q, 
.A,baIlY, Shoo Ply, Fann.ie Patton, and Alice. and owned the Rival, Senator, 
Alert, and Active. It ran its boats on the Columbia as well as the \Villamette 
until18ü:J. when a compromise was made with the Oregon Steam Navigation 
Company, then in existence, to confine its trade to the \Villamette Hi\-er 
above Portland. In 18G.3 this company expended $100,000 ill building a dam 
and Lasin above the falls, which enabled them to do away with a portage, 
by simply transferring passengers and freight from one boat to another 
through a warehouse at the lower end of the basin. The P. T. Co. sold out 
ill 18; 1 to Ben Holladay, having made handsome fortunes in 11 years for all 
its }wincipal members. In the next two years the canal and locks were built 
around the west side of the falls at Oregon City, but the P. T. Co. under 
Holladay's management refused to use them, and continued to reship at Ore- 
gon City. This led to the formation of the \Villamette Locks and Transpor- 
ta.tion Company, composed of Joseph Tea], B. Goldsmith, Frank T. Doùge, 
ant! others. who commenced opposition in 1873, and pressed the P. T. Co. so 
hard that Holladay sold out to the Oregon Nav. Co., which thus was enabltjJ to 
resume operations on the \Villamette above Portland, with the Loats pur- 
chased and others which were built, and became a powerlul competitor for 
the traùe. The Locks and Transportation Co, built the JVillamette Chief ex- 
prcs
ly to outrun the boats of the P. T. Co., but found it ruinous work; auel 
in ISï6 a consolidation was effected, under the name of \Yillamette Trans- 
portation and Locks Company, capital $1,000,000. Its property consisted 
of the locks at Oregon City, the water front at Astoria belonging formcrly to 
the U. K N. Co., and the .Farmers' warehouse at that place, anll the steam- 
boats JVillamette Chief, Gov. Grovel", Beaver, Annie J
'telL'art, O,,'ient, Vcci- 
(lud, with the Larges A utocrat, Columbia, and Columbia's Ohief. This secured 
complete monopoly by doing away with competition on either river, f:xcept 
from independent lines. Salem Jfill. Parmer, Jan. 7, 1876; .Adam,s' Ùr., 
37-8- 
50 The steam-tug Fire-.Fly was lost by springing aleak on the bar in Feb. 
1834-. Thomas Hawks, captain, L, H. 
waney, Van Dyke, 'Visenthral, mill 
other persons unknown were drowned. At the close of the year the steam. 
ship /io1l t hn'ller. Capt, F. A. Sampson, was wrecked on the \Vashington 
coast. The steamer A merica" bound to Oregon and "
ashington }Jorts, was 
burned ill the harbor of Cresccnt City the following summer. 
The steamships cngaged in the carrying trade to Oregon from 1850 to 
IS;:):> were the Carolina, which I think made but one trip, the Seagull, Pan- 
ama, Oregon, Gold IIunter, Columbia, Quid'slep, GUif-rat Jrarren, Préuwnt, 
America, Pe!Jtollilt, Southn'uer, and Republic. Three of these had hecn 
wrecked
 the Seagull, General JVarren, and 8outherner, in as many years. 
Others survived unexpectedly. 



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


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



INDIAN DISTURBANCES. 


343 


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


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



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


statements contained in tho correspondence of the ,var 
departlnent. That ,vhich n10st concerned this par- 
ticular period is contained in a docun1ent translnitted 
to the senate, at the request of that body, by Presi- 
dent Pierce, at the second session of the thirty-third 
congress. In this doculnent is a comn1unication of 
General Wool to General Cooper at Washington 
City, in which is mentioned the correspondence of 
the form8r ,vith Major Rains of the 4th infantry, 
in con1111and of Fort Dalle
, and of J\tlajor Alvord, 
U. S. paymaster at Vancouver, \vho had each \yritten 
hin1 on the subject of Indian relations. As the re- 
port of Rains has been mentioned in another place, 
it is not necessary to repeat it here. Colonel George 
Wright had contributed his opinion concerning the 
"outrages of the la\vless \vhites" in northern Cali- 
fornia, and to strengthen the impression, had quoted 
from the report of Indian Agent Culver concerning 
the conduct of a party of 111iners on IIlinois River, ,vho 
had, as he averred, ,vantonly attacked an Indian en- 
campment and brutally 111urdered two Indians and 
,vounded others. 67 The facts \vere presented to Wool, 
and by Wool to headquarters at Washington. The 
general 'v rote, that to prevent as far as possible the 
recurrence of further outrages against the Indians, 
he had sent a detachn1ent of about fifty 111en to re- 
enforce Smith at Fort Lane; but that to keep the 
peace and protect the Indians against the ,vhite people, 
the force in California and Oregon must be increased. 
This letter ,vas ,vritten in l\Iarch 1854. 
On the 31st of March, vV 001 again ,vrote General 
Scott, at N e\v York, that the difficulty of preserving 
57 u. s. Sen. Ex. Doc. 16, 14-15, 33d congo 2d sess. Lieut J. C. Bonny- 
castle, commanding Fort Jones, in relating the attack on some of the Shastas 
whom he was endeavoring to protect, and whom Captain Goodall was escort- 
ing to Scott's Valley to place in his hauds, says: 'Most of the Inùians hav- 
ing escaped into the adjacent chapparal, where they lay concealed, the whites 
began 3, search for them, during which an Indian from behind his bush for- 
tunately shot and killell a white man named 
IcKaney.' In the same report 
he gives the names of the men who had fired on the Indians, the list not in- 
cluding the name of 
lcKalley, U. S. :";en. Ex. Doc. 16, p. 81, 33d congo 2d 
sess.; U. S. 11. Ex. Doc. I, 446-66, vol. i. pt i., 33d congo 2d sess. 



ATTITUDE OF THE AR:\IY. 


345 


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



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



WAR FORCES. 


347 


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



CHAPTER XIV. 


GOVERN
IENT AND GENERAL DEVELOP
IENT. 


1854-1855. 


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


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


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


( 348) 



LEGISLATURE 1834-5. 


849 


man. Considering his long acquaintance ,vith Oregon 
affairs, and his probity of character, he ,vas perhaps 
as suitable a person for the position as could have 
Leen found in the party to ,vhich he belonged. 2 lIe 
possessed the advantage of being already, through his 
secretaryship, ,yell acquainted ,vith the duties of his 
office, in ,vhich he \vas both faithful and industrious. 
Such ,vas the nlan ,vho ,vas chosen to be governor of 
Oregon during the remaining years of its 111inority, 
and the lnost trying period of its existence. 
The legislature Inet as usual the first Monday in 
Decelnber,3 \vith J alTIeS K. Kelly president of the coun- 
cIl, and L. F. Cartee, speaker of the lower house. 


2 George Law Curry, born in Philadelphia, July 2, 1820, was the son of 
George Curry, who served as captain of the 'Vashington Blues in the engage- 
ment preceding the capture of 'Vashington city in the war of 1812; and 
grandson of Christopher Curry, an emigrant from England. who settled in 
!->hiladelphia, and. lies in the Christ Church burial-ground of that city. He 
visited the repuLlic of Colombia when a child, and returned to the family 
homestead near Harrisburg, Penn. His father dying at the age of II, he went 
to Boston, where he was apprenticed to a jeweler, finding time for study and 
literary pursuits, of which he was fond. In 1838 he was elected and served 
two terms as president of the 
Iechanic Apprentices'Library, upon whose 
records may be found many of his addresses and poems, In 1843 he removed 
to St Louis, and there joined with Joseph 1\1. Field and other theatrical and 
literary men in publishing the Reveille, emigrating to Oregon in 1846, after 
which time his history is a part of the history of the territory. His private 
life was without reproach, and his habits those of a man of letters. He lived 
to see Oregon pass safely through the trials of her probationary period to be 
a thriving state, and died July :28, 1878. Biography of George L. Curry, 1\IS., 
1-3; Bratlle Pacific Tribun p , July 31, 1878; Portland Standard, July 13, 
1878; S. F. Post, July 30, 1878; Ashland 1'idings, Aug. 9, 1878; Salem States- 
man, Aug. 2, 1878; Portland Uregonian, July 29, 1878. 
a The memLers elect of the council were: J. C. Peebles of Marion; J. K. 
Kelly, Clackamas and 'Vasco; Dr Cleveland of Jackson; L. 'v. Phelps of Linn; 
Dr Greer, 'Vashington and Columbia; J. 
1. Fulkerson, Polk anli Tillamook; 
John Richardson, Yamhill; A. L. Humphrey, Benton and Lane; Levi Scott, 
Umpqua. The lower house consisted of G. \V. CoffinLury, of Clatsop; E. S. 
Tanner, David Logan, D. H. Belknap, \Vashington; A. J. Hcmbree, 
\.. G. 
Henry, Yamhill; H, N. V. Holmes, Polk and Tillamook; I. F. 1\1. Butler, 
Polk; R. B. Hinton, \Vayman St Clair, Benton; L. F. Cartee, 'V. A. Stark- 
weather, A. L. Lovejoy, Clackamas; C. P. Crandall, R. C. Geer, N. Ford, 
:Marion; Luther Elkins, Delazon 
mith, Hugh Brown, Linn; A. 'V. Patterson, 
Jacob Gillespie, Lane; James F. Gazley, Douglas; Patrick Dunn, Alexander 
:Mclntire, Jackson; O. Humason, 'Vasco; Robcrt J. Ladd, Umpqua; J. B. 
Condon, ColumLia; J. H. Foster, Coos, elected but not present. Two other 
names, Dunn and 'Valker, appear in the proceedings and report3, but no clew 
is given to their residence. Ur. Jour. Council, 1854-5; Or. Stale."m(w, Dec. 
12, 1854. The clerks of the council were B. Genois, J. Costello, and.:\1. C. 
Etlwanls. 8ergcant-at-anns, J. K.. Delashmutt; doorkeeper, J, L. Gwinn. 
The clerks of the lower house were Victor Trevitt, James Elkins, S. 1\1. 
Hammond. Sergeant-at-al'lllS, G. L. Russell; doorkeeper, llievins. 



350 GOVERN
IENT AND GENERAL DEVELOP
lENT. 


The session ,vas begun and held in t\VO rooms of the 
state house, ,vhich ,vas so far finished as to be used 
for the nleetings of the assembly. The principal busi- 
ness, after disposing of the Indian question, ,vas con- 
cerning the public buildings and their location. The 
n10ney for the state house ,vas all expended, and the 
comnlÏssioners ,vere in debt, 'v hile the building was 
still ullfillished. The penitentiary fund was also nearly 
exha.usted, '" hile scarcely six cells of the prison ,vere 
finished,4 and the contractors ,vere bringing the gov- 
ernnlel1t in their debt. The university con1missioners 
had accepted for a site five acres of land tendered by 
Joseph P. Friedley at Corvallis, and had let the con- 
tracts for building n1aterials, but had so far only ex- 
pended about three thousand dollars; ,vhile the COffi- 
n1issioners appointed to select, protect, sell, and control 
the university lands had lllacle selections amounting 
to 18,000 acres, or less than one township. Of this 
amount between 3,000 and 4,000 acres had been sold, 
for ,yhich over $9,000 had been realized. In this case 
there \vas no indebtedness. No action had yet been 
taken concerning the Oregon City claim, \v hich ,vas 
a part of the university land, but proceedings \vould 
soon be begun to test the validity of titles. 6 To llleet 
the expense of litigation, an act ,vas passed authoriz- 
ing the ernployment of counsel, but ,vith a proviso 
that in the event of congress releasing this claim to 


4 The territorial prisoners were placed in charge of the penitentiary com- 
missioners about the beginning of 1834. There were at that time three con- 
victs, six: others being added during the year. It is shown by a memorial from 
the city of Portland that the territorial prisoners had been confined in the 
city prison, which they had set on fire and some escaped. The city claime<l 
iudemnity in $12,000, recovering 8600. A temporary building was then 
erected by the commis!:Iioners for the confinement of those who could not be 
employed on the penitentIary builùing, some of whom were hired out to the 
highest bidùer. It was difficult to obtain keepers on account of the low sal- 
ary. It was raised at this session to $1,000 per annum, with $600 for each 
as
istant. G. D. R. Boyd, the first keeper, received $716 for 7 months' 
l5ervice. 
Õ A memorial had been addressed to congress by Anderson of the legisla,.- 
ture of 1852-3, praying that the Oregon City claim might be released to 
:Ic- 
Loughlin, and a township of land granted that would not be subject to liti- 
gation. '\Vhether it was forwarded is uncertain; but if so, it produced no 
effect. 



THE CAPITAL QUESTIO
. 


351 


}'lcLoughlin, the money obtained frolll the sale of 
lots should be refunded out of the sale of the second 
to\vnship granted by congress for university purposes 
in the last amendnlent to the land la\v of Oregon. 6 
Such \vas the condition of the several appropriations 
for the benefit of the territory, at the beginning of 
the session. 
And now began bargaining. Further appropria- 
tions must be obtained for the public buildings. Cor- 
vallis desired the capital, and the future appropria- 
tions. At the same time the members froln southern 
Oregon felt that their portion of the state was entitled 
to a share in the distribution of the public luoney. 
An act \vas passed relocating the seat of governUlent 
a.t Corvallis, and removing the university to J ackson- 
ville. 7 It \vas not even pretended that the money 
to be spent at Jacksonville \vould benefit those it \vas 
intended to educate, but only that it \vQuld benefit 
Jackson county.8 
The act \vhich gave Corvallis the capital ordained 
that "every session of the legislative assembly, either 
general or special," should be convened at that place, 
and appointed a ne\v board of comnlissioners to erect 
suitable puLlic buildings at the new seat of govern- 
111ent. 9 Congress made a further appropriation of 
$27,000 for the state house, and $40,000 for the peni- 
tentiary, to be expended in such a Inanner as to in- 
sure cOlnpletion \vithout further aid froln the United 
States. to Then it began to be understood that the re- 
location act, not having been subn1itted to congress as 
required by the organic act, \vas not operative, and 


6 This is an allusion to a memorial similar to Anderson's passed at the 
previous session. 
7 Or. Laws, in Statesman, Feb. 6 and 13, 18.35. 
8 In the bargain between A very and the Jackson county member, said the 
Statesman, the latter remarked that he 'did not expect it [the university] to 
remain there, but therc would be about 812,000 they could expend before it 
could be remoyed, which would put up a building that would answer for a. 
court-house. ' 
9 B. R. Biddle, J. S. 
IcItuney, and Fred. \Vaymire constituted the new 
board. 01'. Stflfesman, Feb. 6, 1855. 
10 Congo Globe, 18:>4-5, app. 380, 33d congo 2d sess. 



352 GOVERN
IENT AND GENERAL DEVELOPMENT. 


that the seat of government ,vas not removed from 
Salem to Corvallis by that act, nor would it be until 
such tinles as congress should take action. N or could 
the governor payout any part of the appropriation 
under in8tructions fronl the legislature, except under 
contracts already existing. The executive office, more- 
over, should not be removed from Saleln before con- 
gress should have approved the relocation act. ll So 
said the comptroller; but the governor's office ,vas 
already removed to Corvallis when the conlptroller 
reached this decision. The Statesman, too, 'v hich did 
the public printing, had obeyed the legislative enact- 
Inent, and moved its office to the new seat of govern- 
men t. 12 
When the legislature met in the follo,ving Deceru- 
ber, Grover introduced a bill to relocate the capital 
at Salem, which became a la\v on the 12th of De- 
celnber, 1855. But this action was n10dified by the 
passage of an act to subn1it the question to the people 
at the next election. Before this ,vas done, anù per- 
haps in order that it nlight be done, the almost COIll- 
pleted state house, \vith the library and furniture, ,vas 
destroyed by fire, on the night of the 30th of Decem- 
ber, \vhich \vas the work of an incendiary. The 
\vhigs charged it upon the democrats, and the derDo- 
crats charged it upon "SOIne one interested in having 
the capital at Corvallis." 13 However that may have 
been, it fixed the fate of Corvallis in this regard. U 
Furt her than this, it settled definitely the location 
question by exhausting the patience of the people. 15 
11 Or. JO'ltr. Council, 1855-6, app. 12. 
12 Corvallis had at this time a court-house, two taverns, two doctors, and 
several lawyers' offices, a school-house, t.he State,
man office. a steam saw-mill, 
and two churches. The methodist church was dedicated Dec. 16, 185.3, G. 
Hines officiating. Or. State::nflan, Oct. 13 and Dec. 8, 1853; Speech, of Grover, 
in I d., Dec. ] 8, 185:5. 
13 Deady'.
 lIi.r;t. Or., :MS" 26: Grovrr's Pub. Life in Or., 
fS., 51-4; Or. 
Statesman, Jan. 29, 1856; Id., July 29 and Sept. 30, 1836; Or. Argus, Jan. 
5, 1836; Or. Jour. House, 1855-6, app. ]6:5-70; A7.m."Itrong'.'4 Or., 17. 
14 At the election in J nne 18:56, the votes for the capital between the prin- 
cipal towns stood, Portland, 1,154; Salem, 2,049; Corvallis, 1,998; Eugene, 
2,316. 
15 At the final election between these places the people refused to vote, 



LEGISLATIVE PROCEEDINGS. 


353 


The legislature \vas reduced to the necessity of n1eet- 
ing in hired apartments for nearly t\venty yearR before 
the state \vas able to erect a suitable structure. 
The $40,000 appropriated to complete the peniten- 
tiary was expended on a building \vhich should not 
have cost one third of the two appropriations, the 
state a ùozen years later erecting another and better 
one at Salenl. 


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


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


. 



354 GOVER

IEKT AND GENERAL DEVELOP
1ENT. 


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


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

1illen, sheriff, and A. D. Fitch, treasurer, were presented and approved. 
Rooms were rented in the building of Coleman Barrell, on the corner of First 
and Salmon streets, for a court-house. R. B. "llson was appointed coroner 
at the second meeting of the board. The first board elected at the polls 
was composed of Dayid Powell, Ellis 'Valker, and Samuel Farmau, which 
met July 2, 1855. The first term of the district court was held April 16th, 
Olney presiding. The first grand jury drawn consisted of J. S. Dickinson, 
Clark Hay, Felix Hicklin, K. A. Peterson, Edward Allbright, Thomas H. 
Stallard, William L. Chittenden, George Hamilton, 'Villiam Cree, Robcrt 
Thompson, 'Villiam H. Frush, Samuel Farman, 'Villiam Hall, 'Villiam 
Sherlock, 'V. P. Burke, Jacob Kline, Jackson Powell, John Powell, The 
first cause entered on the docket was Thomas V. Smith vs 'Villiam H. :Mor- 
ton, David Logan, and 
Iark Chinn. 
An act of this legislature authorized the location of county seats by a ma- 
jorityof votes at the"annual elections. The county seat of Umpqua was thus 
tiJÇcd at Elkton, on the land claim of James :F. Levens. An act was passed 
for the support of indigent insane persons. There were a numbcr of applica- 
tions made to the legislature to have doubtful marriagcs legalized; but the 
judiciary committee, to whom they werc referrcù, refused to entertain the 
petitions, on the ground that it was not their duty to shelter persons commit- 
ting crimes agaillst the laws and public sentimcnt. Notwithstanding, a 
special act was passed in the case of John Carey, who had a wife and children 
in the States, to make legitimate the children of a woman whom he had in- 
formally taken to wife while crossing the plains. Or. Stutesman, April 3, 
18.35. 
17 Notwithstanding the antagonism exhibited at the opening of the session, 
the J\laine-law bill being withdrawn, an act was passed of the nature of a local- 
option law, requiring retail dcalcrs, or those who wished to sell by any quan- 
tity less than a quart, to obtain the signatures of a majority of the legal voters 
in their respccti \"e precincts to petitions praying that 1icenses should be granted 
them; if in a city, the signatures of a majority of the legal voters in the 
ward where it was designed to sen. Before proceeding to obtain the signa- 
tures, the applicant was required to post notices for ten days of his intention 
to apply for a license, in order to afford an opportunity for remonstrances to 
be siQ'11ed. There were two many ways of evading a law of this nature to 
. niak; it serve the purpose of prohibition, even in a temperance community; 



DE
IOCRATS AND WHIGS. 


355 


The report of the territorial auditor sho\ved that 
whereas at the beginning of the present fiscal year 
he had found $4.28 in the treasury, at its close, after 
balancing accounts, there \vere 868.94 on hand. The 
territory ,yas in debt bet\veen $7,000 and $8,000; but 
the estÍ1nated revenue for the next year ,vould be 
over $11,000, ,vhich would not only discharge the 
debt, but lessen the present rate of taxation. En- 
couraged by this report, the legislature made appro- 
priations \vhich amounted to nearly as much as the 
anticipated revenue, leaving the debt of the territory 
but little diminished, and the rate of taxation the 
sanle-a course for which, ,vhen another legislature 
had been elected, they received the reproaches of their 
O\Vll organs. IS 


There began in April 1855, ,vith the meeting of 
the democratic territorial convention at Salern, a 
detern1ined struggle to put do\vn the rising influence 
of ,vhig principles. 19 At the first ballot for delegate 
to congress, Lane received fifty-three out of fifty-nine 
votes, the six remaining being cast by Clackalnas 
county for Pratt. A movement had been made in 
Linn county to put forward Delazon Smith, but it 
,vas pruùent]y \vithdrawn on the telnper of the Inajor- 
ity beC0111ing 11lanifest. Lane county had also in- 
structed its delegates to vote for Judge George H. 
vVilliams as its second choice. But the great per- 
sonal popularity of Lane threw all others into the 
background. 
On the 18th of April the whigs held a convention 
at Corvallis, for the purpose of nominating a delegate, 


and for this very reason it was possible to pass it in a legislature unfriendly 
t6 prohibition. 
18 Or. Jour. CO'ltncil, 1854-5, app. 21-7. The territorial officers elected 
by the assembly were Nat. H. Lane, treasurer; James A. Bennett, auditor; 
and :l\Iilton Shannon, librarian. 
19 Said the Statesman of April 17th: 'Defeat and disgrace to know-noth- 
ing whiggery and canting hypocrisy was a decree which went forth from 
that meeting, . . The handwriting is upon the wall, and it reads, "J 0 Lane, a 
democratic legislature, democratic prosecutors, democratic everything.'" 



356 GOVERNMENT AND GENERAL DEVELOP11ENT. 


and ll1ade choice of Ex-governor Gaines, against four 
other aspirants. The lllajority being for Gaine:s on the 
first ballot, T. J. Dryer and A. G. Henry \vithdre\v, 
l{
aving 
I. A. Chinn aud A. IIolbrook. Gaines then 
received sixty-three votes and Chinn three. Tho 
con vention adopted as its platforln, "General Gaines 
against the ,vorld," and the carnpaign openeJ.20 A 
lllovement \vas put on foot by the religious portion of 
the cOlllluunity to forlD a temperance party, and to 
elect nlelnbers to the legislat.ure on that issue; and a 
llleeting was hel<1 for that purpose April 16th, which 
,vas addressed by George L. Atkinson, H. K. Hines, 
and 'V. L. Ada111S, the last nalned a rising politician, 
who in the spring of 1855 established the Oregon 
A'rgus, and advocated anlong other refornls a prohibi- 
tory liquor law. As the paper was indepenJent, it 
tended greatly to keep in check the over\ycening 
assun1ption of the Statesn'l-an, and was 
arlllly \vcl- 
corned by the Ile\V party.21 


20 As the reader has been so long familiar with the names of the demo- 
cratic leaders, it will be proper here to mention those of the territorial whig 
committee. They were E. N. Cooke, James D. "McCurdy, Alex. :McIntyre, 
C. A. Reed, and T. J. Dryer. Oregonian, April 14, 18.3;). 
21 The Oregon Argus was printed on the press and with the materials of 
the old Spectato7', which closed its career in J\iarch 1855. The editor and 
publisher, .l\lr Adams, possessed the qualifications necessary to conduct an 
independent journal, having self-esteem united with argumcntati \"e powers; 
moreO\"er, he had a conscience. In politics, he leaned to the sido of the 
whigs, and Ìn religion was a campbellite. This church bad a respectable 
membership in Oregon. Adams sometimes preached to its congregations, 
and was known pretty generally as Parson Billy. The mistakes he made ill 
conducting his paper were those likely to grow out of these conditions. Being 
independent, it was open to everybody, anù therefore liable to take in occa- 
sionally persons of doubtful veracity. Being honest, it sometimes betrayed a 
lack of worldly"\\ isdom. The Statesman called it the' Airgoose;' nevertheless, 
, it grea.tly assisteù in forming into a consistent and cohesive body the scat- 
tered ma;terials that afterward composed the republican party.' The Arg'll,s 
continued to be published at Oregon City till :May 18G3, D. \V. Craig being 
associated with Adams in its publication. Six months after its removal, h::w- 
ing united with the Republican of F
ugcne City, the two journals passed into 
the hands of a company who had purchased the Statesman, the political Htatus 
of the latter having undergone a change. Salem Directory, 1871, p. 81. Adams 
had in the mean time been appointed collector of customs at Astoria by Lin- 
coln, in 1861, and held this position until he resigned it in ISG6. In 18G8 
be travelled in South America, and finally went to New Englaud, where he 
delivered a lecture on ()re[J01
 and the Pacific Cuast, at Tremont Temple, Oct. 
14, 18G9, which was published in pamphlet fonn at Easton the same year. 
The pamphlet contains many interesting facts, presented in the incisive and 
yet often humorous style which chara.cte
ed the author's writings as a jour- 



THE K
O\V-NOTHI
G PARTY. 


337 


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


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



358 GOVER

IE
T AKD GEXERAL DEYELOP
IENT. 


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


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



. 


INDIAN AFFAIRS. 


359 


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


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


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

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

lcClelland, Robert A. Buck, 
amuel Bell, J. P. Tate, U. H, Dunning. 
Alfred \\
heeler, Samuel Colver, D, H. Boùinn, 'V. C. Garwood, D. Bcach, 
Charles Ferry, J. F. Thompson, Milton B. Starr. 0'1". Argus, July 7, 1835. 
28 A treaty was made with the Tualatin band of Calapooyas for their land 
lying in \Vashington and Yamhill counties, for which they received $3,300 in 
goods, money, and farm tools; also vrovisions for one year, and anlluities of 
goods for twenty years, besides a tract of 40 acres to each family, two of 
which were to be ploughed and fenced, and a cabin erected upon it. Teach- 
ers of fanning, milling, blacksmithing, etc., were to be furnished with manual- 
labor schools for the chilùren. The provisions of all of Palmer's treaties were 
similar. 



360 GOVERKMENT AND GENERAL DEVELOP:\lEXT. 


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


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



TREATIES AND PURCHASE OF LANDS. 361 


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


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



362 GOVERNl\iENT AND GENERAL DEVELOP:
IENT. 


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


32 Stevens speaks of this as the opening of navigation above The Dalles. 
They were succeeded, he says, by sailing vessels of 60 tons freight, and soon 
by a steamer. Pac. R. R. Rept, xii. 196-7. 
33 Lieut Lawrence Kip, of the 3d artillery, who accompanied Gracie on 
this occasion as a guest and spectator, afterward published an account of the 
expeùition and transactions of the commission, under title of The Indi(tn 
Council at TValla TVa/la, San Francisco, 1833, a pleasantly told narrative, in 
which there is much correct information, anù some unimportant errors con- 
cerning mission matters of which he had no personal knowledge. He gives 
pretty full reports of the speeches of the chiefs and commissioners. Lieut 
Kip also wrote a little book, Army Life on the Pacific Coast, A Journal of tlie 
Expedition against the Northern Indians in the SLImmer of 1858, New York, 
1839, in which the author seeks to defend the anny officers from aspersions 
cast upon them in the newspapers, and e\Ten in speeches on the floor of con- 
gress, as 'the drones of society, living on the government, yet a useless en- 
cumbrance and expense.' 
31 Kip speaks of visiting some gentlemen residing on the site of the old 
mission, who were 'raising stock to sell to emigrants crossing the plains, or 
settlers who will soon be locating themselves through these valleys.' Indian 
Council, If). 
3a Kip also describes the council-ground as a beautiful spot, and tells us 
that an arbor had been erected for a dining-hall for the commissioners, with 



A GRAND PO"\VWO'V. 


363 


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


a table of split logs, with the flat side up. The troops, too, were sheltered in 
arbors, and but for the showery weather the comfort of the occasion would 
ba\Te equalled its picturesqueness. 
36S ee IJÙ;t. Or., i. 130-1, this series. 
3i Kip's Indian Council, 21. 
38 The chief of the Cayuses thought it was wrong to sell the ground given 
them by the great spirit for their support. ' I wonder if the ground has any- 
thing to say? I wonder if the grounù is listening to what is said...I hear 
what the ground says. The ground says, "It is the great spirit that placed 
me here. The great spirit tells me to take care of the Indians, to feed them 
aright. The great spirit appointed the roots to feed the Indians on." The 
water says the same thing. The great spirit directs me, "Feed the Indians 
well. " The grass says the same thing, "Feed the horses and cattle." The 
ground, water, and grass say;" The great spirit has given us our names. 'Ve 
ha\Te these names and hold these names. Neither the Indians nor the whites 
have a right to change these names." The ground says, "The great spirit has 
placed me here to produce all that grows on me, trees and fruit. " The same 
way the ground says, "It was from me man was made." The great spirit 
in placing men on the earth desired them to take good care of the ground, 
aud do each other no harm. The great spirit said, "You Indians who take 
care of certain portions of the country should not trade it off except you get 
a fair price.'" Kip's Indian Council, 2
-ß. In this argument was an attempt 
to enunciate a philosophy equal to the white man's. It ended, as all savage 



364 GOVERN
lENT AND GENERAL DEVELOP)lENT. 


The con1111issioners exhausted their store of logic in 
convincing their savage hearers that they needed the 
benefits of the culture \vhich the \yhite race could iln- 
part to then1. Over and over again, the n10tives of 
the treaties and the treaties then1selves ,vere eXplained 
in the nlost painstaking n1anner. The fact ,vas patent 
that the Indians 111eant to resist the invasion of their 
lands by the people of the United States. The 
Cayuses \vere against any sale. O\vhi, chief of the 
U lllatillas, and brother-in-law of Kan1Ïakin, \vas op- 
posed to it. Peupeumoxmox, usually so crafty and 
non-col1llnittal, in this TIlatter was decided; ICan1Ïakin 
,voultl have nothing to do \vith it; Joseph anJ Look- 
ing Glass ,vere unfriendly; and only La\vyer con- 
tinued firrn in keeping his ,vord already pledged to 
Stevens. 39 But for him, and the numerical strength 
of the Nez Percés, equal. to that of all the other 
tribes present, no treaty could have been concluded 
with any of the tribes. His adherence to his deter- 
mination greatly incensed the Cayuses against him, 
and SOlne of his o\vn nation aln108t eq ually, especially 
Joseph, ,vho refused to sign the treaty unless it se- 
cured to hirll the valley ,vhich he claimed as the hon1e 
of himself and his people. 40 Looking Glass, ,var chief 


arguments do, in showing the desire of gain, and the suspicion of being 
cheated. 
39 
 I think it is doubtful,' says Kip, 'if Lawyer could have held out but 
for his pride in his small sum of book lore, which inclined him to cling to his 
friendship with the whites. In making a speech, he was able to refer to the 
discovery of the continent by the Spaniards, and the story of Columbus mak- 
ing the egg stand OIl end. lie related how the red men had receded before 
the white men in a manner that was hardly calculated to pour oil upon the 
troubled waters; yet as his father had agreed with Lewis and Clarke to live 
in peace with the whites, he was in favor of making a treaty!' 
4oConcernillg the exact locality claimed by Joseph at this time as his home, 
there has been much argument and investigation. A t the beginning of this 
history, Joseph wa81iving uear Lapwai, but it "is said he was only there for 
the purpose of attending 
palJing's school; that his father was a Cayuse, VdlO 
had two wives, one a N 0Z Percé, the mother of Joseph, and the other a Cay- 
use, the mother of Five Crows; that Joseph was born on Snake !liver, llear 
the mouth of the Granel Rond where his father lived, and that after the 
Lapwai mission was abandoned he went back to the mouth of the Grand 
!lond, where he died in 1871. These facts are gathered from a letter of 
Indian Agent J no. E. 
Ionteith to H. Clay ,V ood, and is contained in a. 
pamphlet published by the latter, called The Status of Yountl Joseph and Ids 
Band of :Néz Percé lndiuns under the Treaties, etc., written to settle the 



RETIRING ABORIGINALS. 


365 


of the Nez Percés, sho\ved his opposition by not com- 
ing to the council until the 8th, and behaving rudely 
,vhen he did conle. 41 Up to ahnost the last day, 
Pahner, \vho had endeavored to obtain the consent of 
the Indians to one con1n10n reservation, finding theln 
detern1ined in their refusal, finally offered to reserve 
lands separately in their own country for those ,vho 
objected to going upon the Nez Percé reservation, 
and on this proposition, harmony ,vas apparently re- 
stored, all the chiefs except Kamiakin agreeing to it. 
The haughty Yakima \voulJ consent to nothing; but 
when appealed to by Stevens to make kno\vn his 
question of Joseph's right to the Wallowa Valley in Oregon, his claim to 
which brought on the war of 1877 with that band of Nez Percés. 'Vood's 
pamphlet, which was written by the order of department commander Gen. 
o. O. HO\vard, furnishes much valuable information upon this rather obscure 
subjcct, 'Yood concludes from all the evidence that Joseph was chief of the 
uppcr or Ralrnon RhTer branch of the Nez Pcrcés, and that his claim to the 
\Vallowa Valley as his especial home was not founded in facts as they existed 
at the time of the treaty of 1835, but that it was 'possessed in common by the 
Nez Percés as a summer resort to fish.' As the reservation took in both si(les 
of the Snake River as far up as fifteen miles below the mouth of Powder 
Riycr, and all the Salmon River country to the Bitter Root J\lountains, and 
beyond the Clearwater as far as the southern branch of the Palouse, the west- 
ern linc bcginning a little below the mouth of Alpowa Creek, it included all 
the lands ever claimed by the Nez Percés since the ratification of the treaty, 
much of which was little known to white men in 1855, and just which portion 
of it was r
serveù by Joseph is a matter of doubt, though Superintendent 
Palmer spoke of Joseph's band as 'the Salmon River band of the Nez Perces.' 
JVood's Young Joscph and the Treaties, 35. 
Joseph had perhaps other rcasons for objecting to Lawyer's advice. He 
claimed to be descenùed from a long line of chiefs, anù to be superior in rank 
to Lawyer. The missionaries, because Joseph was a war chief, and because 
Lawyer exhibited greater aptituùe in learning the arts of peace, endeavored 
to build up Lawyer's influence. 'Vhen """hite tried his hand at managing 
Indians, he appointed over the Nez Percés a head chief, a practice which had 
been ùiscontinued by the advice of the Hudson's Bay Company. On the 
death of Ellis, the head chief, whose superior acquirements had greatly 
strengthened his influcnce with the Nez Percés, it was Lawyer who aspired 
to the high chieftainship, on the ground of these same acquirements, and 
who had gained so much influence as to be named head chief when the com- 
missioners interrogated thc Nez Percés as to whom they should treat with for 
the nation. This was good ground for jealousy and discord, and a weighty 
reason why J oscph shoulù not readily consent to the advice of Lawyer, even 
if there were 110 other. 
41 Cram says that Lawyer and Looking Glass had arranged it between 
them to cajole the commissioners; that the suddcn appearance and opposition 
of the latter were planned to give effect to Lawyer's apparent fidelity; and at 
the same time by throwing obstacles in the way, to 'prevent a clutch upon 
their lands from being realizt:d. In these reApects events have shown that 
Lawyer was the ablest diplomatist at the council; for the friendship of his 
tribes has remained, and no hold upon their lands has yet inUJ;ed to the 
whites.' Top. Jlem., 84. 



366 GOVERN
IE
T AND GENERAL DEVELOP
IENT. 


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


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



GOOD BARGAINS. 


3G7 


And attention \vas also called to the fact that the Ind- 
ians \vere not required to move upon their reserves 
before the expiration of one year after the ratification 
of the treaties by congress; the intention being to 
give time for thelll to accustom themselves to the idea 
of the change of location. 
As soon as these apparently amicable stipulations 
were concluded, the goods brought as presents dis- 
tributed, ancl agents appointed for the different reser- 
vations,45 the troops returned to The Dalles. That 
night the Indians held a great scalp-dance, in ,vhich 
150 of the ,vornen took part. The follo\ving day they 
broke up their encan1pments and returned to their sev- 
eral habitations, the comn1issioners believing that the 
feelings of hostility ,vith \vhich several of the chiefs had 
con1e to the council ha.d been assuaged. On the 16th 
Stevens proceeded north-east\vard, toward the Black- 
foot country, being directed by the government to make 
treaties ,vith this warlike people and several other 
tribes in that quarter. 
Palmer in the mean tin1e returned to\vard The 
Dalles, treating \vith the John Day, Des Chutes, and 
Wascopan Indians, and purchasing all the lands lying 

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



368 GOVERNMENT AND GENERAL DEVELOP1tIENT. 


The Nez Percés after\vard declared that during the 
council a scheme had been on foot, originating \vith 
the Cayuses, to massacre all the white persons present, 
including the troops, the plan only failing through the 
refusal of La\vyer's party to join in it, \vhich statement 
may be taken for \vhat it is \vorth. On the other hand, 
it has been asserted that the treatiës \vere forced ;41 
that they were rashly undertaken, and the Indians not 
listened to; that by calling a general council an oppor- 
tunity \vas furnished for plotting; that there \vere too 
fe\v troops and too little parade. 43 However this Inay 
be, \var followed, the history of \vhich belongs both to 
Oregon and Washington. But since the Indians in- 
volved in it were chiefly those attached to the soil and 
superintendency of the latter, I shall present the nar- 
rative in my volume on Washington. 


47 Wood's Young Joseph and tlle Treaties. 
t8 Tolmie's Hist. Puget Sound, 118., 37; Roberts' Recollections. IVIS., 95. 



CHAPTER XV. 


FURTHER I
DIAN WARS. 


1855-1856. 


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


BEFORE midsulnmer, 1855, war was again brewing 
in southern Oregon, the Applegate Creek and Illi- 
nois Valley branches of the Rogue River nation be- 
ing the in1mediate cause. On one pretence or an- 
other, the former spent ITJuch of their tinle off the 
reservation, and in June made a descent on a mining 
camp, killing severallnen and capturing considerable 
property; \vhile the murder of a white man on Ind- 
ian Creek ,vas charged to the latter, of ,,,horn a party 
of volunteers went in pursuit. 
On the 17th of June a conlpany styling themselves 
the Independent Rangers, H. B. Hayes, captain, 
organized at Wait's mills in Jackson county, report- 
ing to Colonel Ross for his recognition, 1 this being 


1 The original copy of the application is contained in the first volume of 
Dowpll's Ure[Jon Indian fVars, 
lS., 1-3. This is a yaluable compilation of 
original documents and letters pertaining to the wars of 18.35-6 in southern 
Oregon, and furnishes conclusive proof of the invidious course of the Salem 
clique toward that portion of the territory. Dowell has taken much pains 
to secure and preserve these fragments of history, and in doing so has vindi- 
cated his section, from which otherwise the blame of certain alleged illegal 
acts might never have been removed. Then there are his Indian IVarB; 
IlIBT. On., VOL. II. 2i ( 369) 



370 


FURTHER INDIAN 'V ARS. 


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


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

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



ROGUE RIVER TROUBLES. 


371 


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


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


· These particulars are found in a letter written by 'Villiam Martin to C. 
S. Drew, and is containcd in Dowell's collection of original documents of 
the Or. Ind. JVar.'1, .MS., vol. ii., 3:!-9. 
5 Letter of Arayo, in Or. State.<;mrm, Sept. 22, 185,3; Sac. Union, Sept. 12, 
18.35; 000.<) Bay J.1Iail, in Portland Standard, Feb. 20, 1880; Id., in S. Jt
 Bul- 
letin, Feb. ß, 1880. 
6S ce .1Vir.hols' Rogue River War, MS., 14-15. On the 2d of September, 
Granville Keene, from Tenn., was killed on the reservation while assisting 
Fred. Alberding, J. Q, Taber, and a fourth man to reclaim some stolen 
borRes. Two others were wounded and ohliged to retreat. About the last 
of the month, Calvin Fields of Iowa, and John Cuningham of Sau,pé Island, 
Oregon, were killeù, and Harrison Oatman and Daniel Britton wounded, 
while crossing the Siskiyou :Mountains with loaded wagons drawn byeigh- 
teen oxen, which were also killed. An express being sent to Fort Lane, Cap- 
tain Smith ordered out a detachment of dragoons, but no arrests were made. 
Of the Indians killed in the mean time no mention is made. 



372 


FURTHER INDIAN ,V ARS. 


. 


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



SOUTHERN OREGON ABLAZE. 


373 


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


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



374 


FURTHER INDIAN 'V AIlS. 


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


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


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



NOTABLE SAVAGES. 


375 


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



376 


FURTHER INDIAN WARS. 


tion ,vas nlade by the territorial militia before the 
12th, the arrned"' con1panies being governed by the 
apparent necessities of the case. 17 


On the 12th of October Colonel Ross began the or- 
ganization of a volunteer force under the la,v8 of the 
territory18 by ordering J aines H. Russel, lllajor of the 
9th regiment, to report to hill1 imnlediately. Soule of 
the captains of the lî1ilitia ,vere already in the fielll; 
other cOITIpanies ,vere headed by anyone 'v ho had the 
spirit of a leader. These on application of the citizens 
of their neighborhoods ,vere duly COlll111issiolled. 19 
17 A company under Rinearson was divided into detachments, and sent, on 
the evening of the 10th, ten to the mouth of the Umpqua caîíon, fh-e three 
miles south to Leving's house, five to Turner's seven miles farther south, six 
to the Grave Creek house. On the next day thirty men maùe a scout down 
Gra\'e Creek, and down Rogue River to the mouth of Galice Creek, the set- 
tlers placing at their disposal whatever supplies of blankets, provisions, or 
arms they were able to furnish; yet twelve of IUnearson's company haclno 
other weapons than pistols. A. G. lIenry, in Or. Statesman, Oct. 20, 18.).). 
The troops in southern Oregon at this time were two full companies of dra- 
goons at Fort Lane under Smith and Fitzgerald, and sixty-four infantry at 
'Vinchéster, in the Umpqua Valley, under Lieut Gibson, who had been es- 
cortin
 'Villiamson on his survey of a railroad route from the Sacramento to 
the 'Yillamette Valley, and who now retraced his steps to Fort Lane. The 
small garrison at Fort Orford was not available, and Fitzgerald's company 
was during the month ordered to reënforce 
lajor Rains at The Dalles; hence 
one company of dragoons and one of iufantry constituted the regular force 
which could be employed in the defence of the south country during the com- 
ing winter. 
18The original orders are to be found in Dowell's Or. Ind. JVars, 
IS., 
vol. i. 4.3, 47, 53. 
. m
l. C. Barkwell wrote Ambrose that at his request R. L. \Villiams 
would raise a company for the protection of that locality. The settlers about 
Althouse, on Illinois River, petitioned to have Theoron Crook empowered to 
raise a company to range the mountains thereabout; signed by Hiram Rice, 
J. J. Rote, Frederick lthoda, Lucius D. Hart, S. :Matthews, Charles F. \\'il. 
son, Elias \Vinkleback, S. P. Duggan, John 110rrow, Allen Knapp, ,Yo H. 
B. Dou 6 1as, ''''m Lane, J. T. :ßIaun, Geo. H. Grayson, R, T. Brickley, J. II. 
Huston, L. Coffey, H. Kaston, John J\Iurphy, ß. B. Brockway, A. L. 8cott, 
Geo. 'V. Comegys, James C, Castleman, D. D. Drake, John R. Hale, E. R. 
Crane, Alden 'Vhitney, Joshua Harlan, S. II. Harper, J\1. P. Howard, R. So 
A. Colwell, George Lake, Thomas Lake, George Koblence, Jacob llalldbush, 
l)eter Colean, U. 8. Barr, 'Vllliam Lance, Hobert Rose, N. D. l)almer, James 
1101(', E. D. Cohen, Sigmund Heilner, 'Vm Chapman, John E. Post, John 'V. 

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



GENERAL UPRISING. 


377 


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



378 


FURTHER INDIAN 'V ARS. 


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



STRUGGLES AGAIXST DESTIXY. 


379 


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

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



380 


FURTHER INDIAN ,V ARS. 


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

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


r 
f" 


loW 
I 
I 


ROGUE RIVER AND UMPQUA V ALLEYS. 


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



FITZGERALD AT ORA VE CREEK. 


381 


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



382 


FURTHER INDIAN 'VARS. 


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


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



:BATTLE AND RETREAT. 


383 


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


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



384 


FURTHER IXDIAN 'YARS. 


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



A DEMOCRATIC WAR. 


385 


directino- that all Indians should be treated as enen1ies 
. 0 
'v ho did not show unmistakable signs of friendship. 
No other instruction ,vas given but to advise a con- 
cert of action ,vith the United States forces which 
lllight be engaged in that section of the territory
31 
:1Iean\vhile, communications from democrats at 
Rogue River had reached the capital, and imme- 
diately the \var became a party measure. It was 
ascertained that Ross in calling out the militia had 
Il1ade several \v hig appointrnents contrary to the will 
of the ruling party, \vhich had attacked the governor 
for appointing \v hig surgeons in the northern bat- 
talion; so paran10unt \vere politics in 111inistering to 
the \vants of ,vounded men I The governor, unfor- 
tunately for his other\vise stainless record, was un- 
able to stem the tiùe, and allowed himself to become 
an instruillent in the hands of a clique who de- 
11landed a course of action disgraceful to all concerned. 
Five days after issuing the proclamation, the gov- 
ernor ordered disbanded all companies not duly en- 
rolled by virtue of said proclamation, information 
having been received that armed parties had taken 
the field \vith the avo\ved purpose of waging a \var 
of exterlnination against the Indians \vithout re- 
spect to age or sex, and had slaughtered a band of 
friendly natives upon their reservation, despite the 
authority of the agent and the cornmanding officer 
of the United States troops stationed there. 32 The 
Ï1nmediate effect of the proclamation was to suspend 
volunteering in Douglas county, to \vhich Ross had 
\vritten to have another company raised,33 and to 
thro\v discredit on those already in the field. 
SI See proclamation and general order, in Or. Statesman, Oct. 20, 1855j OT
 
Argus, Oct. 20, 185.3. 
32Grover in the legislature of 1856-7 found it necessary to explain the 
course of Governor Curry by saying that 'news was brought to him of the 
slaughter of Indians by a rabble from the neighborhood of Yrekaj which in- 
formation proved incorrect, some of the best citizens being engaged in the 
affair out of self-defence.' Or. Statesman, Jan. 27, 1857. This explanation 
referred to Lupton's attack on the Indians. Cram's Top. Mem., 44; Dowell's 
Or. Ind. Wars, 
IS., i. 117. 
13 See Letter of Capt. F. R. Hill, in Dowell's Or. Ind. Wars, 177-8, voL 1. 
llIsr. OB., VOL. 11. 2G 



386 


FURTHER INDIAN WARS. 


The first conlpanies enrolled under the governor's 
proclamation ,vere the t,vo called for froln Lane 
countJ,34 one of ,vhich, under Captain Bailey, ,vas 
present at the action of October 31st and N oven1- 
bel' 1st, as already stated. The next companies to 
respond to the governor's call ,vere those frOIn Linn, 
Douglas, and U IlJpqua counties. 35 These constituted 
the northern battalion. The companies contained 
frOlTI 87 to III men each, and ,,,,ere quickly organized, 
'Villian1 J. J\Iartin being chosen major. 
On the 7th of November Colonel Ross ordered the 
assenlbling of the 9th regiment at Fort Vannoy, in 
order that all ,vho desired should be mustered into 
the territorial service as members of the southern 
battalion. On the lOth captains James Bruce, R. L. 
'Villiams, Willian1 A. Wilkinson, and Miles F. Alcorn 
offered and ,vere accepted, in the order named, and 
an election for Inajor resulted in the choice of Bruce. 36 
COlnplaint reaching the governor that by disbanding 



lS., where he says: 'I was just on the eve of getting a company to make 
a start, when the word was out that it was not legal, and the governor's 
proclamation did not call for but one company from Douglas and one from 
Umpqua.' 
:u Co. A, North Battalion O. 
1. V ols, Lane county, enrolled Oct. 23d: 
capt., Joseph Bailey; 1st lieut., Daniel 'V. Keith; 2d lieut, Cyrcnus :Mulkey, 
resigned Dec. 30th; Charles 'V. :McClure elected in his place. Co. B, Lane 
county, enrolled Oct. 23d: capt., Laban Buoy; 1st lieut, A. 'V. Patterson, 
resigned and transferred to medical department, L. Poindexter being elected 
in his place; 2d lieut, P. C. Noland. Ur. Jour. Hou8e, 1855-6, ap. 145. 
35 Co. C, Linn county, enrolled Oct. 24th: capt., Jonathan Keeney; 1st 
lieut, A. 'V. Stannard; 2d lieut, Joseph Yates. Co. D, Douglas county, 
enrolled Oct. 25th: capt., Samuel Gordon; 1st lieut, S. B. Hadley; 2d lieut, 
T. Prater. Co. E, Umpqua county, enrolled Nov. 8th: capt., 'V. 'V. Chap- 
man; 1st lieut, Z. Dimmick; 2d lieut, J. 
I. ltlerrick. Ur. Jour. Council, 
1853-6, ape 146. 
36 Co. A: capt., James Bruce; 1st lieut, E. A. Rice, who was elected 
capt. after the promotion of Bruce; 2d lieut, John S. 1\Iiller; 2d lieut, J. F. 
Anderson. Co. B: capt" R. L. \Villiams; 1st lieut, Hugh O'Neal; 2d lieut. 

I. Bushey. Co. C: Ct1.pt., 'Vm A. \Vilkinson; 1st lieut, C. F. Blake; 2<1 
lieut, Edwin Hess. Co. D: capt., Miles F. Alcorn; 1st lieut, James 1\1. 

latney; 2d lieut, John Osborn. Or. Jour. House, 185.3-6, 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, 




96 


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 higher than my head. 
J\fy heart is sick with fighting, but I want to live in 
my country. If the white people are willing, I \viII 
go back to Deer Creek and live anlong theln as I used 
to do; they can visit my camp, and I ,viII visit theirs; 
but I will not lay down nlY arm
 and go with you on 
the reserve. I ,vill fight. Good-by." And striding 
out of carnp, he left the council without hinderance. 20 
On the day agreed upon for the surrender, Sn1ith 
,vas at the rendezvous with his eighty fileH to receive 
the Indians and their arrllS. That they did not ap.- 
pear gave hinllittle anxiety, the day being rainy and 
the trails slippery. During the evening, ho\vever, t\VO 


19 I have before me a photograph of John and his Bon. John has an in- 
. telligent face, is dressed in civilized costume, with the hair cut in the fashion 
of his conquerors, and has much the look of an earnest, determined enthusi- 
ast. His features are Dot like those of Kamiakin, vindictive and cruel, but 
firm, and marked with that expression of grief which is often Been on the 
countenances of savage men in the latter part of their lives. In John's case 
it was undoubtedly intensified by disappointment at his plans for the exter- 
mination of the whito race. His Bon has a heavy and lumpish countenance, 
indicative of dull, stolid intelligence. 
20 Or. Statesmfln, July 15, 1836; Ind. .Ajf. Rept, ]856, 214; 8. F. .A ita, 
June 13, 19, 2:2, 185ü; S. F. Bulletin, June 14, 28, 1856. 



S)IITH AND CHIEF JOHN. 


407 


Indian ,vomen made him a visit and a revelation, which 
caused hinl inln1ediately to move his camp from the 
bottom-land to a position on higher ground, 'w'hieh he 
ilnagilled lllore secure, and to despatch next Illorning 
a nlessenger to Buchanan, saying he expected an at- 
tack from John, while he retained the Indian ,vornen 
in custody. Smith also asked for reönforcements, and 
Augur was sent to his relief: 
'The position chosen by Smith to fight John ,vas 
an oblong elevation 250 by 50 yards, bet\veen t\VO 
sHInll streams entering the river froUl the north-,vest. 
Bet\veen this knoll and the river ,vas a narro\v piece 
of lo\v land constituting The J\leado\vs. The south 
siJe of the 11lound ,vas abrupt and difficult of ascent, 
the north side 
till more inaccessible, the ,vest barely 
approachable, \vhile the east \vas a gentle slope. On 
the sUllnnit \yas a plateau barely large enough to 
aft
H'd room for his canIp. Directly north of this 
11lound ,vas a sin1ilar one, covered \vith a clunlP of 
tl'ces, and ,yithin rifle-range of the first. 
On the morning of the 27th, the lTIen having been 
up lllost of the night and much fatigued, numerous 
parties uf Indians were observed to gather upon and 
occupy the north lTIound. Soon a body of forty 
\varriors advanced up the eastern slope of SnÚth's 
position, and signified their 'v ish to deli vel' their arlns 
to that officer in person. Had their plan succeeded, 
Sillith ,vould have been seized on the spot; hut being 
on his guard, he directed then1 to deposit their arlTIS 
at a certain place outside the calnp. Thus foiled, the 
\yarriors retired, frO\Vlling upon the howitzer ,vhich 
had been so planted as tû s\veep the ascent from this 
side. Lieutenant Sweitzer was stationed \vith the 
infantry to defend the crest of the western acclivity; 
the dragoons ,vere expected to take care of the front 
and rear, aided by the abrupt nature of the elevation 
on those sides. 
Seeing that the troops ,vcre prepared to fight, and 
that they \vould not be pcru}itted to enter Smith's 



408 


EXTER
lI
 A TIO:Y OF THE INDIANS. 


canlp under any pretence with arlns in their hands, 
about ten o'clock the Indians opened fire, charging 
up the east and ,vest s]opes at once. The ho\vitzer 
and the rifles of the infantry repelled theIn, and they 
fell back to cover. Then ,vas heard the stentorian 
voice of John issuing hi:::; orders so loud and clear that 
they \vere understood in Slnith's canlp and interpreted 
to him. Frequently during the day he ordered charges 
to be lllade, and \vas obeyed. SOlne of his ,varriors at- 
tempted to approach nearer by climbing up the steep 
and craggy sides of the 1110und, only to be shot hy 
the dragoons and roll to the botton1. Nevertheless, 
these continued attempts at escalade kept every U1an 
sharply at his ,york. In the Inatter of arms, the 
Indians had greatly the advantage, the muskctoons 
of the dragoons being of service only \vhen the enelny 
,v ere ,vi thin short range; ,vhile the Indians, being aU 
provided ,vith good rifles, could thro\v their balls in to 
camp from the north mound ,vithout being discovere<l. 
Thus the long day \vore on, and night can1e ,vithout 
relief. The darkness only allo\ved the troops tilue to 
dig rifle-pits and erect such breast,vorks as they could 
without proper implements. 
On the 28th the Indians rene,ved the battle, and 
to the other sufferings of the men, both ,vounded and 
un\vounded, \yas 
added that of thirst, no ,vater being 
in can1p that day, a fact \Ven kno\vn to the Indians, 
who frequently taunted the soldiers \vith their suffer- 
ings. 21 Another taunt \vas that they had ropes to 
hang every trooper, not considering them \vorth aln- 
munition. 22 
Up to this time Augur had not come. At four 
o'clock of the second day, \vhen a third of Snlit.h's 
conlmand were dead or \vounded, and the destruction 


21 They taunted them with the often repeated question, '1\Iika hias tick a. 
chuck?' Yon very much want water? 'Tieka chuek?' 'Vant water? 'Ha
o 
chuck, Boston!' No water, white man! Cor., Or. Statesman, June 17, 18,36. 
22 lJrover',q Publi(. Lifp, 1\1S., 49; Ur. and Wash. Scraps, 23; John 'Vallen, 
in 1.Vichols'Ind. A.tf., .lVI
., 20; Cram's l'op. .J1[em., ;}3; Volunteer, in Or. States- 
man, June 17, 1856; Cre:icf'71t City Iltrrtlrl, .Julle II, 18,)6. 



AUGUR RELIEVES S
1ITH. 


409 


of the whole appeared but a matter of time, just as 
the Indians had prepared for a charge up the east and 
,vest approaches \vith a vie\v to take the canlp, Sll1ith 
beheld the advance of Captain Augur's con1pany, 
,vhich the savages in their eagerness to make the final 
coup had failed to observe. When they \vere half- 
,yay up the slope at both ends, he ordered a charge, 
the first he had ventured, and ,vhile he nlet the enen1Y 
in front, Augur came upon thenl in the rear. The 
conflict ,vas sharp and short, the Indians fleeing to the 
hills across the river, ,vhere they ,vere not pursued, 
and Smith \vas rescued frOln his perilous situation. 23 
Augur lost t,vo men killed and three \vounded, making 
the total loss of troops t,venty-nine. 24 The number of 
Indians ,vere variously stated at froln 200 to 400. 
No n1ention is made by any of the \vriters on the sub- 
ject of any loss to the enenlY. 


This exploit of John's ,vas the last ,vorthy of men- 
tion in the ,var. vVith all his barbaric strength and 
courage, and the valor and treachery of his associates, 
his career \vas dra,ving to a close. His resources 
,vere about exhausted, and his people tiréd of pur- 
suing and being pursued. They had inlPoverished 
the ,vhite settlers, but they had not òisabled or ex- 
terminated them. The o
ly alternative left ,vas to 
go upon a reservation in an unkno\vn region or fight 
until they died. John preferred the latter, but the 
lnajority \vere against hirn. Superintendent PaIrner 
presently came, and to hirn the t,vo chiefs George 
and Limpy yielded, presenting themselves at calnp 


23 Cram is hardly justified in calling this, as he does, a victory for the 
troops. Brackett's U. S. Cavalry, 171. Smith wa
 a brave officer, Lut he was 
DO match for Indian cunning when he took the positioll John intendeJ, where 
he could be surrounded, and within rifle-range of another eminence, while he 
had but thirty rifles. This fighting in an open place, standing up to Le shot 
at, at rifle-range, was what amazed, and at last amused, the Indians. The 
well conceived plan of the crafty chief failed; hut it would have failed still 
more signally if Smith had sent for reënforcements on first receiving John's 
challenge, and bad stationed himself where he could mn away if he wished. 
21 C,.arn's Top, Jferil.
. Rcpt of .Major Latshaw, in Or. Statesman, JUlie 24, 
1836; Rept of Palmer, in buL. Ajf. Rept, 1836, 215. 



410 EXTERMINATION OF THE INDIANS. 


on the 30th with their people and delivering up their 
arnl s. 
During June a mild species of skirmishing con- 
tinued, with a little killing and capturing, SOllle of 
the Indians surrendering themselves. Smith's forces 
on their march do\vn the river destroyed some vil- 
lages, and killed and drove to their death in the river 
SOIl1e forty men, ,vomen, and children. Even such a 
fate the 
avage preferred to the terrors of a reserva- 
tion. By the 12th oyer 400 had been forced into 
the regular camp, ,vhich was slo,vly moving to,vard 
Fort Orford. As the soldiers proceeded they gath- 
ered up nearly all the native population in their line 
of march. Similar policy ,vas pursued in regard to 
the Chetcoe and Pistol River Indians, and \vith like 
results. 
Deserted by other bands, and importuned by his 
o,vn followers to submit, John finally, on the 29th of 
June, surrendered, and on the 2d of July arrived ,vith 
his people at Fort Orford. He did not, ho\vever, sur- 
render unconditionally. Before agreeing to come in, he 
exacted a pron1Îse that neither he nor any of his band 
should be in any wise punished for acts they had. com- 
rnitted, nor conlpelled to surrender the property taken 
in ,val'. On the 9th, \vith the remnant of his baud, 
he was started off for the southern end of the coast 
reservation. Under the same escort went the Pistol 
River and Chetcoe Indians, or such of thelll as had 
not escaped, to be located on the salne part of the 
coast, it being deen1ed desirable to keep the 1110St ,var- 
like balld8 separated from the others. George and 
Lin1py ,vith the lo\ver Rogue River people were car- 
ried by steamer to Portland, and thence to the north- 
ern part of the coast reserve. 
To prevent the Indians from fleeing back to their 
old honles, Reynolds ,vas ordered to the lIlouth of the 
Siusla\v, and shortly after\vard a post was erected on 
the north bank of the Umpqua, about four miles belo,v 
Gardiner. Captain Smith stationed his company at 



END OF THE 'V AR. 


411 


the pass in the Coast Range west and a little north of 
the town of Corvallis, which post was named Fort 
Hoskins. Throughout these troubles considerable 
jealousy bet\veen the volunteers and the regulars \vas 
luanifested, each claiming the credit of successes, and 
in reverses throwing the blalne upon the other. 


The war was now considered as ended in southern 
Oregon, although there ,vas still that portion of the 
Chetcoe and Pistol River bands ,vhich escaped ,vith 
SOllle others to the number of about 200, and about 
100 on Rogue River, ,vho infested the high,vays for 
another year, compelling the settlers again to form 
cOIllpanies to hunt them do,vn. This created mu<:h 
dissatisfaction with the Indian superintendent, with- 
out any better reason apparently than that the pa- 
tience of the people \vas exhausted. 
With regard to Palmer's course, ,vhich was not \vith- 
out some errors, I cannot regard it in the rnain as 
other than humane and just. His faults were those 
of an over-sanguine Ilian, driven some,vhat by public 
clall1or, and eager to accomplish his work in the short- 
est time. He had vanity also, "\vhich was offended on 
one side by the reproof of the legislature, and flat- 
tered on the other by being associated in his duties 
,vith an arbitrary po\ver ,vhich affected to despise the 
legislature and the governor of Oregon. He suc- 
ceeded in his undertaking of reInoving to the border 
of the Willamette Valley about four thousand Ind- 
ians, the care and improvement of \vhom devolved 
upon his successors. For his honesty and en1inent 
services, he is entitled to the respect and gratitude of 
all good Juen. 25 
Early in May 1865 most of the Rogue River 
25 Deady says: 'Few men in this or any other country have labored harder 
or more disinterestedly for the public good than General Palmer. A man of 
ardent temperament, strong friendships, and full of hope and confidence in 
his fellow-men, he has unreservedly given the flower of his life to the best in- 
terests of Oregon.' Tran.<
. Or. Pioneer Assoc., 1873, 37-8. Palmer ran for 
governor of Oregon in 1870, but was defeated by Grover. He died in 1879 
at his home in Dayton. 



412 


EXTER
1INATION OF THE INDIA
S. 


people and Shastas ,vho had been tell1porarily placed 
upon the Grand Rand rescrve ,vere reinoved to 
Siletz, Sam and his band only being permitted to 
relnain as a mark of favor. 
I ,viII not here discuss further the reservation sys- 
ten}. It was bad enough, but ,vas probably the Lest 
the governlnent could devise, the settlers being deter- 
n1Ïned to have their lands. In theory, the savages 
thus becanle the wards of the United States, to be 
civilizeG., christianized, educated, fed, and clothed. 
In reality, they \vere driven fro In their hOines, huddled 
\vithin con1paratively narro\v limits, and after a brief 
period of n1Ïsery they \vere s\vept from the earth by 
the \vhite man's diseases. 26 
In l\Iarch 1857 congress united the superintenden- 
cies of Oregon and Washington, and called for an 
estimate of the unpaid claims, \vhich were found to 
aggregate half a Inillion dollars, and \vhich \vere 
fi nally allo\ved and paid. 27 On the Siletz reservation 
111any Indians had farms of t.heir own, which they 
,vorked, and many Were taught the mechanic arts, for 
,vhich they exhibited much aptitude; the \VOlllell 
learning housekeeping and the children going to 
school by the advice of their parents; considerable 
progress having been n1ade in the period bet\veen 
1878 and 1887. It is also stated that their numbers 
increased instead of diminished, as formerly. 


26 It was the unpopular side to defend or protect the Indians during this 
war. There were many among the officers and servants of the United States 
brave and manly enough to do this. On the other hand, the government has 
made many bad selections of men to look after the Indians. Out of an ap- 
propriation by congress of $.300,000, if the Indians received $80,000 or $100,- 
000 they were fortunate. 
21 See letter of Nesmith, in Or. Statesman, Oct. 20, 1857. The estimated 
expense of the Indian service for Oregon for the year ending June 18.j8 was 
$4:!4,000, anù for \Vashington $229.000. U. S. H. Ex. Doc., 37. 1-27, I:W- 
40, 34th congo :3cl sess., and Id., 76, vol. ix. 12, 22, 28; Ill., m
, vol. xi. 1-40, 
54-73, 84-96. A special commissioner, C. H. :l\Iott, was sent to examine into 
the accounts, who could find nothing wrong, anù they were allowed, and 
paid in 1859. 



CHAPTER XVII. 


OREGON BECOMES A STATE. 


1856-1859. 


LEGISLATURE OF 1855-6-:MEASURES AND MEMORIALS-LEGISLATURE OF 1856- 
7-No SLAVERY IS FREE TERRITORy-REPUBLICAN CONVENTION-ELEC- 
TIO
 RESULTS-DISCIJSSIONS CONCERKING ADMISSION-DELEGATE TO 
CONGRESS-CAMPAIGN JOURNALISM-CONSTITUTIONAL CONVENTION-THE 
GREAT QUESTION OF SLAVERy-NO BLACK MEN, BOND OR FREE-ADOP. 
TION OF A STATE CONSTITUTION-LEGISLATURE OF 1857-8-STATE AND 
TERRITORIAL BODIES-PASSENGER SERVICE-LEGISLATURES OF 1858-9- 
ADMISSION INTO THE UNION. 


DURING these days Oregon was somewhat soured 
over the Indian question, and toward the United States 
generally. The savages should have been more quickly 
and cheaply killed; the regulars could not fight 
Indians; the postal service was a s\vindle and a dis- 
grace; land nlatters they could manage more to their 
satisfaction thenlselves; better beconle a state and be 
independent. There was even some feeling bet\veen 
northern and southern Oregon; the former had labored 
and the latter had suffered, and both were a little sore 
over it. 
Abuut all the legislature of 1855-6 1 did was to move 


1 The councilmen elect were, for 
fultnomah, A. P. Dennison; Clackamas 
and 'Vasco, J. K. Kelly; YamhiU and Clatsop, John Richardson; Polk anù 
Tillamook, J. M:. Fulkerson; :Marion, J. C. Peebles; Linn, Charles Drain; 
Umpqua, Douglas, and Coos, H. D. O'Bryant, democrats; and A. A. Smith 
of Lane antI Benton, and E. H. Cleaveland of Jackson, whigs. Assembly- 
men, for Clatsop, Philo Callender; 'Vasco, N. H. Gates; Columbia, John 
Harris; 
Iultnomah, G. 'V. Brown; \Vashington, H. Jackson; Clackamas, O. 
Risley, H. A. Straight, James Officer; 
lat.ion, L. F. Grover, 'Villiam Har- 
p
le, J: 
I. Harriso
; Ya
hill, A. R. Bur
auk, Andrew Shuck; Polk, Fred. 
\\1 aymIre, R. P. BOlSé; Lmn, Delazon SmIth, H. L. Brown, B. P. Grant; 
Benton) John Robinson. H. C. Buckingham; Lane, Isaac R. l\Ioorea, A. 
( 413 ) 



414 


OREGOY BECO:\IES A STATE. 


the capital from Corvallis to Salenl, ask congress to 
discharge General 'V 001 and Superintendent Palnler, 
and send up a gro\vl against Surveyor-general Gar- 
diner and Postal-agent Avery.2 
To prevent any benefit to southern Oregon from 
the appropriations, as \vell as to silence the question 
of the relocation acts, it ,vas proposed to ask congress 
to allo,v what remained of the university fund to be 
diverted to comInon-school purposes; but the rnattcr 
was finally adjusted by repealing all the former acts 
concerning the university, and making a tenlporary 
disposition of the fund. 
vVith regard to the volunteer service in the Indian 
wars, Grover introduced a bill providing for the enl- 
ployment if necessary of the full military force of the 
territory, not exceeding three full regiments, to serve 
for six nlonths or until the end of the war, unless 
sooner discharged; the volunteers to furnish as far 
as practicable their o,vn arms and equipments, and to 
be entitled to t\VO dollars a day for their services, and 
t\VO dollars a day for the use and risk of their horses; 
all commissioned officers to receive the same pay as 
officers of the same rank in the regular service, be- 
sides pay for the use and risk of their horses; the act 
to apply to all ,vho had been in the service from the 
beginning, including the 9th regiment of Oregon 
militia. The bill became a la\v, and the legislature 
memoralized congress to assume the expense,s which 


McAlexander; Umpqua, John Cozad; Douglas, 'Yilliam Hutson; Coos, 
William Tichenor; Jackson, M. C. Barkwell, J. A. Lupton, Thos Smith, 
democrats; and H. V. V. Johnson of \Vashillgton and Briggs of Jackson, 
whigs. A vacancy was caused in the house by the death of J. A. Lupton; 
and subsequently in the council by the resignation of E. H. Cleaveland. 
The first place was filled by Hale, democrat, and the latter by John E. Ross, 
whig. CLerks of the council, Thomas \V. Beale, A. Sulger. and L, \V. 
Phelps; sergeant-at-arms, 11. B. Burke; door-keeper, James L Earle. Clerks 
of the lower house, James Elkins and D. ,Mansfield; sergeant-at-arms, .A. J. 
'Velch; door-keeper, Albert Boisé. Or. Statesman, June 30 anù Dec. 8, 1855. 
2 The trouble was, with these men, they were on the wrong side in poli- 
tics, that they were whigs and know-nothings, and everything vile. 
S This legislature was not over-moùest ip its memorials. It asked for the 
recall of \Vool from the department of the Pacific; that Empire City be made 
a port of entry; that land titles in Oregon be confirmed; that additional mail- 
routes be established; that two townships of land be granted in lieu of tho 



THE LEGISLATURE. 


415 


after much investigation and delay ,vas done, as ,ve 
have seen. The last of the political divisions of west- 
ern Oregon were made at this session, 'v hen Curry 
and Josephine counties were established. 4 The ques- 
tion of a state constitution was not discussed at length, 
an act being passed to take the vote of the people 
upon it again at a subsequent election. On the 21st 
of January the legislature adjourned. 5 
Oregon City claim; that the expenses of the Indian war be paiò; that the 
Indian superintendent be stayed from locating Indians in the Willamette 
Valley; that the federal government assume the expenses of the provisional 
government; that congress provide for the issuance of a patent to land claims; 
that a mail-route be established from San Francisco to Olympia; mail service 
east of the Cascade mountains; a military road from Oregon City to The 
Dalles; that the expenses of the Snake River expedition be paid; that the 
right of pensions be extended to disabled volunteers; that the spoliation 
claims of 1833 be liquidated; that congress pay for the services and ex- 
penses of the Rogue River war of 1854; that a military road be established 
from Olympia via the mouth of the Cowlitz to intersect the military road 
leading from Scottsburg to 
Iyrtle creek; a military road from Port Orford 
to Jacksonville; money for a territorial library; and that congress recog- 
nize the office of commissioner to audit the war claims. Indeed, Philo Cal- 
lander of Clatsop county was so appointed, but congress. did not recognize 
him. The Statesman complained in September that Lane had obtained 
$300,000 for the Indian department, and nothing more for any purpose except 
the reJ.!ular appropriation for terrItorial expenses, which would have been 
made without him. A little later it was ascertained that $.300 had been ob- 
tained for the territorial library, which money was expended by Gov. Curry 
when he went to 'Vashington in 18;)6 to defend himself from the attacks of 
\V 001. 
4 It was proposed to name the fonner Tichenor, but that member declined, 
saying that his constitutents had instructed him to call the county after the 
goyernor. The second was named after Josephine Rollins, whose father first 
discovered gold on Josephine Creek. 'l'he county seat, Kirbysville, was 
named after Joel A. Kirby, who took a land claim on the site of that town. 
Deady's [list. Or., 
lS., 77; Prim's Judicial Affairs, :MS., 2-3; U. S. 11. Ex. 
Doc., i. 348, 375, 419, 431, 34th congo 1st sess. 
5 Several charters were granted to societies, towns, and schools. Astoria. 
and Eola in Polk county were chartered. To-day Eola is a decayed hamlet 
and Astoria a thriving city by the sea. The Portland Insurance Company 
also took a start at this time. 
1asonic lodges, \Varren No. 10, Temple No.7, 
Jennings No.9, Tuality No.6, Harmony No. 12, received their charters at 
this session. There is a list of the officers of Harmony Lodge from 1836 to 
1873 in By Laws, etc., Portland, 1873. Multnomah Lodge No. 1 was in- 
corporated January 19, 1854; \Villamette Lodge No.2, February 1st; Lafay- 
ette Lodge No.3, January 28; and Salem Lodge No.4, in February 1834. 
It is said the General George B. 
!IcClellan received the first three degrees in 
masonry in \Villamette Lodge No.2, at Portland. O. F. Grand Lodge of Or., 
183u-7ü. Acts incorporating the Willamette Falls Railroad Company, the 
Rock\'ille Canal Company, the Tualatin River Transportation and Naviga- 
tion Company, and no less than 14 road acts were passeù. The assembly 
appointed A. Bush, printer; B. F. Bonham, auditor; J. D. Boon, treasurer; 
F. S. Hoyt, librarian; E. Ellsworth, university commissioner. Somethin
 
should be here said of John Daniel Boon, who for many years was territorial 
treasurer. Deady calls him a good, plain, unlearned man, and a fen g ent 



416 


OREGON BECOMES A STATE. 


The democratic party, ,vhich had so long dominated 
Oregon, and to \vhich \vhigs and know-nothings offered 
but a feeble opposition, had so conducted affairs dur- 
ing the Indian war of 1855-6 as to alienate some of 
its original supporters. It had, however, a strong 
hol<.1 on the people in the \var debt, \vhich it \vas 
believed Lane, through his influence \vith the adlnil1- 
istration, ,vould be able to have discharged. So long 
as this appeared probable, or could be reasonably 
hoped for, nluch that \vas disagreeable or oppressive 
at home could be tolerated, and no steps \vere taken, 
at first, to foIlo\v the movenlent in the Atlantic States 
,vhich ,vas dividing the nation into two great parties, 
for and against slavery. Southern Oregon, \vhich 
\vas never much in sympathy ,vith the vVillanlette 
Valley, the seat of denlocratic rule, was the first to 
n10ve to\vard the formation of a republican party. A 
Ineeting \vas held at the Lindley school-house, Eden 
precinct, in Jackson county, in J\Iay 1856, for the pur- 
pose of choosing candidates to be voted for at the 
J"une election. 6 
The nleeting declared against slavery in the ne\v 
states. The denlocrats nlight have said the sanle, but 
at this juncture they did not; it remained for the first 
republican meeting first to promulgate the sentiulent 
ill the territory. It \vas a spontaneous expression of 
incipient republicanism in the far north-\vest, not even 
the Philadelphia convention having yet pronounced. 
The election came; none of the candidates of Eden 
district ,vere chosen to the legislature, though one 
kno\v-nothing from the county was elected, and the 


methodist preacher. Scrap-hook, 87. He was born at Athens, Ohio, Jan. 8, 
1817, and came to Oregon in 1845. He died at Salem, where he kept a small 
store, in June 1864. Salem ltJercury, June 27, 1864. On the 13th of Dec. 
1877 died .Martha J. Boon, his wife, aged 54 years. Their children were 4 
sons and several daughters, all of whom lived in Oregon, except John, who 
maùe his home in San Francisco. San José Pioneer, Dec. 29, 1877. 
6 The resolutions aùopted were: that freedom was national and sla\gery 
sectional; that congress had no power over flavery in the states where it 
already existeJ.; but that outsille of state jurisdiction the power of the federal 
government should be e:xerted to prevent its introduction, etc. Or. ArGus, 
June 7, 18;)6. 



POLITICS. 


417 


latter party did not differ, except in its native All1er- 
icanis1l1, froin the republicans. As time passed, ho\v- 
ever, the republican sentiluent gre,v, and on the 11 th 
of October a meeting ,vas held at Silverton in l\Iarion 
county, \vhen all opposed to slavery in free territory 
\vere invited to forget past differences and rnake com- 
Inon cause against that influence, to escape which 
nlany through toil and suffering had crossed a conti- 
llent to make a home on the shores of the Pacific. 7 
Other assenlblages soon follo\ved in almost every 
county. 
When the legislature met in December, it was as it 
had al\vays been a democratic body, but there ,vere 
enough opposition menlbers to indicate life in the ne\v 
1110Vement. B }'ew bills of a general nature were passed, 
but the drift of the discussions on bills introd uced to 
allo\v half-breeds to vote, to exclude free negroes fronl 
the territory,9 to repeal the viva voce bill, and kin- 
dred subjects plainly indicated a contest before the 
state constitution could be formed. An act ,vas once 


7 Paul Crandall, O. Jacobs, T. 'V. Davenport, Rice Dunbar, and E. N. 
Cooke were the movers in this first attempt at organization in the 'Villamette 
Valley. The last three were appointed to correspond with other republicans 
for the furtherance of the principles of free government. 
8 :i\Iemhersof the council: John E. Ross, of Jackson county; Hugh D. O'Bry- 
ant, Umpqua,Douglas,an(l Coos; A. A. Smith, Lane and Benton; üharlesDrain. 
Linu; Nathaniel FortI, Polk and Tillamook; J. B. Bayley, Yamhillanc1 Clat. 
BOp; J. C. Peebles, 
Iarion; J. K. Kelly, Clackamas and Wasco; Thos R. 
Cornelius, \Yashington, Columbia, and 
Il1ltnomah. House: John S. :i\liller, 
Thomas Smith, Jackson; A. 
I. Berry, \V. J. :Matthews, Josephine; Aaron 
Rose, Douglas; A. E. Rogers, Coos anll Curry; D. C. Underwood, Umpqua; 
James Monroe, R. B. Cochran, Lane; J. C. Avery, J. A. Bennett, Benton; 
Dclazon Smith, H. L. Brown, \Villiam Roy, Linn; 'Vm 
1. 'Valker, Polk and 
Tillamook; A. J. \Velch, Polk; L. F. Grover, \Villiam Harpole, Jacob Cou- 
ser, :l\Iarion; \Villiam Allen, A, J. Shuck, Yamhill; A. L. LO\Tejoy, 'V. A. 
Starkweather, F. A. Collard, Clackamas; G. \V. Brown, Multnomah; T. J. 
Dryer, 
1ultnomah and 'Vashington; H, V. V. Johnson, 'Vashington; Barr, 
Columbia; J. \V. 1Ioffit, Clatsop; N. H. Gates, \Vasco. Or. Laws, 1836-7, 
p, 8. .James K, KclJy, prest council; L. F. Grover, spe.aker of the bouse, 
l:lerks of the council, A. S. \Vatt, John Costello, and T. F. 1\1cF. Patton; 
sergeant-at-arms, G. \V. Holmes; door-keeper, J. :McClain. Clerks of the 
lower house, D. ü. Dade, E. 
I. Bowman, J. Looney; sergeant-at-arms, J. 
S. Risley; door-keeper, J. Henry Brown. Or. State.
man, Dec. 9, 1836. 
9 \Vhen the cvmmissionel' in 1853-4 made a list of the former laws of Ore- 
gon which were to be adopted into the code, that one which related to the 
exclusion of free negroes was inadvertently left out, and was thus uninten- 
ally repealed. It was not revived at this session, owing to the opposition of 
the republican and some other members. 
RIST. OB., VOL. II. 27 



418 


OREGON BECOMES A STATE. 


more passed at this session to take the sense of the 
people on the holding of a constitutional convention, 
and to elect delegates to frame a constitution in case 
a nlajority of the people should vote in favor of it. 
In order to met the c0111ing crisis, republican clubs 
continued to be formed; and on the 11 th of Febru- 
ary, 1857, a convention ,vas held at Albany to perfect 
a more complete organization,to when the nanle Free 
State Republican Party of Oregon was adopted and 
its principles announced. These ,vere the perpetuity 
of the Anlerican Union; resistance to the extension of 
slavery in free territory; the prohibition of polygamy; 
the admission of Oregon into the Union only as a free 
state; the immediate construction of a Pacific rail,vay; 
the inlprovement of rivers and harbors; the applica- 
tion of the bounty land law to the volunteers in the 
Indian war of 1855-6; and the necessity for all hon- 
est men, irrespective of party, to unite to secure the 
adoption of a free state constitution in Oregon. l1 At 
Grand Prairie, a free state club was foru1ed January 
17th, whose single object was to elect delegates to 
the constitutional convention pledged to exclude from 
the state negroes, slaves or freenlen. 


The Oregon delegate to congress, Joseph Lane, had 
no objection to slavery, though he dared not openly 
advocate it. In conforlnity to instructions of the leg- 
islature, he had brought a bill tor admission, which 
was before congress in the session of 1856. The 
10 Delegates: From Multnomah, Stephen Coffin, Charles M. Carter, L. 
Limerick; Clackmas, W. T. :Matlock, W. J..I. Adams, L. Holmes; \Vashington, 
H. H. Hicklin; Yamhill, John R. McBride, S. 
1. Gilmore, \V. B. Daniell3, 
Brooks, and Odell; Linn, T. S. Kendall, J. Connor, J. P. Tate, John Smith, 
James Gray, William 
larks, David Lambert; Polk, John B. Bell; BeI\ton, 
William Miller, J. Young; Umpqua, E. L. Applegate. Committee to pre- 
p::re an address, Thos Pope, W. L. Adams, and Stephen Coffin. Executi\'e 
committee, J. B. Condon, T. S. Kendall, E. L. Applegate, and Thos Pope. 
Or. Ar!J'U-'
, Feb. 21, 1876. See address in Argus, April 11, 1857. 
11 Among the first to promulgate republican doctrines were E. D. Shat- 
tuck, Lawrence Hall, Levi Anderson, H. C. Raymond, John HalTison, J. 

I. Rolando, S. C. Adams, S. 
I. Gilmore, G. W. Burnett, G. L. Woods, 'V. 
T. Matlock, H. Johnson, L. W. Reynolds, Geo. P. Newell, J. C. Rinearson, 
'F. Johnson, H. J. Davis, John Terwilliger, Matthew Patton, G. \V. Lawson, 
. and 'tV. Carey Johnson. 



. 


BEGINmNGS OF REPUBLICANISM. 


419 


only objection offered was the lack of population to 
entitle the state to the representation asked for in the 
bill. I ts failure, together with the failure of the 
Indian ,var debt bill, ,vas injurious to the popularity 
of the delegate with his party. But during the fol- 
lowing session a bill authorizing the people of Oregon 
to form a constitution and state governlnent passed 
the lower house, and was tak
n up and amended in 
the senate, but not passed. It remained where it 
offered a substantial motive for the reëlection of the 
saIne delegate to complete his work. 
Such was the position of affairs in the spring of 
1857. The territory was half admitted as a state, a 
constitutional convention was to be held, a delegate 
to be elected, and a new political party was organizing 
\vhich \vould contend for a share in the managenlent 
of the public interests. It was not expected by the 
most enthusiastic republicans that they could elect a 
delegate to congress, their aim being different. The 
denlocrats for the first time were divided on nomina- 
tions ;12 but after a little agitation the convention set- 
tled <.lo\vn to a solid vote for Lane, who thus became 
for the fourth time the congressional nominee of his 
party. This done, the convention proceeded to pass 
a resolution binding their county delegates to execute 
the will of the party" according to democratic usages," 
repudiating the idea that a delegate could, in pursu- 
ance of the interests or wishes of his district, refuse 
to support the nominations of his party, and still 
maintain a standing in that party.I3 Then came the 
announcement, "That we deny the right of any state 
to interfere with such domestic institutions of other 


12 Other possible candidates were Deady, Nesmith, Grover, Boisé, Delazon 
Smith, George H. Williams, and James K. Kelly. Clackamas and Clatsop 
nominated Kelly, but he declined, knowing that he could not be elected be- 
cause he was not a democrat of that I vigorous practice' which the Statesman 
required; that journal afterward reproaching him with losing this opportunity 
through too much independence of party government. See letter of Kelly, in 
Or. Statesman, Feb. 17, 1857. 
13 So well whipped in were the delegates to the convention that only the 
Clackamas members and J. L. Meek of Washington county voted against 
.the resolution. 



420 


OREGON BECOMES A STATE. 


states as are recognized by the constitution;" that 
in choosing delegates to the constitutional conven- 
tion no di
crimination should be made between derno- 
cra ts in fa VOl' of or opposed to slavery, because that 
question should be left to be settled by a direct vote 
of the people. 
To thi
 parade of the ruling party the infant repub- 
lican organization could offer no opposition that had in 
it any pron1ise of success. A fe\v of the older coun- 
ties chose delegates to the constitutional convention; 
others had no republican representation. But there 
,vas a visible defection in the den10cratic ranks froIn 
the bold position taken by the leaders, that it \vas 
treachery to question their mandates, even \vhen they 
conflicted with the interests and wishes of the sec- 
tions of country represented-a doctrine directly op- 
posed in sentiment to that of state rights, which the 
party \vas commanded to indorse. This \yas a species 
of subordination against which lnany intelligent demo- 
crats protested as strongly as the republicans protested 
against negro slavery. One newspaper, the Portland 
Democratic Standard, revolted, and was declared to 
be out of the party. 14 
The June election came on. The republican party 
had no candidate for delegate, but was prepared to 
vote for G. W. La\vson, a free soil denlocrat, who 
announced himself as an independent candidate for 
congress. Lane arrived toward the last of April, and 
the canvass began. Hitherto in an election the ques- 
tions considered had been chiefly personal anJ local; 
or at the most, they invol ved nothing more inlportant 
than a desired appropriation or a change in the land 
law. But now the people were called upon to lay 
the foundation of a state; to decide upon matters 
affecting the interests of the commonwealth for all 
tinle. The returns showed that while the principles 
It There were few persons in Oregon not deeply interested in politics at 
this time. A correspondent of a California paper writes: 'The Oregonians 
have two occupations, agriculture and politics.' See remarks on the causes of 
dissension in the democratic party, in Or. Statesman, April 14 and 21, 18.)7. 



A PROSPECTIVE CHANGE. 


421 


of delllocracy still retained their hold on the people, 
a far greater nunlber than ever before voted an oppo- 
sition ticket, and that of the delegates chosen to the 
constitutional convention more than one third ,vere 
either republicans or ,vere elected on the opposition 
ticket; that the legislature, instead of being ahnost 
,,,holly democratic as for several preceding years, 
would at the next session have a democratic lnajor- 
ity of but one in the council; and that there ,vould 
be ten republicans alDong the thirty melnbers of the 
house. 15 
During this important epoch the course of the 
Statesman ,vas cautious and prudent, \v hile seen1Ïng 
to be frank and fearless. It published ,vith equal 
and inlpartial tolerance the opinions of all ,vho chose 
to expound the principles of freedo111 or the evils or 
blessings of slavery. The other leading party jour- 
nals ,vere not, and could not afford to be, so cahll and 
apparently indifferent to the issue; for \v hile they 
\vere striving to nlould public sentilnent, the States- 
'fJ'lan had one settled policy, ,vhich ,vas to go ,vhich- 
soever ,vay the destinies of the denH)cratic party led 
it. 1\lore than one ne,v canlpaign journal ,vas estab- 
lished,16 and influences ,vere brought to bear, hitherto 


]5 The official returns for delegate to congress gave Lane 5,662 votes, and 
Lawson 3,471. The constitutional convention vote was 7,617 for and I,G7!) 
against. The counties that gave a republican majurity were Yamhill, \Vash- 
ington,1Inltnomah, Columbia, and Clatsop. Benton came within 2.3 votes of 
making a tie. In the other counties of the \Villamctte there was a large 
democratic majority. Or. Ar[lw
, June 13, 1837; Or. Stu.tesman, July 7, 
1837; Trihune Almllnac, 1858, 63. 
]6 There was The Frontier Sentinel, published at Corvallis, whose purpose 
was to gÍ\-e 'an ardent and unwavering support in favor of the introduction 
of slavery into Oregon.' Tbe publisher was L. P. Hall from California, and 
the material was from the office of tbe Expositor, another democratic journal, 
whose usefulness had expircd, and whose type wag about worn out. Ur. A r[lllS, 
June 20, 1837. The Occidfntf/l.Alessen[lfr, published at Corvallis, advocated 
the doctrine that there could be no such thing as a free state democrat. Or. 
State.,man, Aug. 23, 18.37. 'The editor of that paper came to Oregon somc- 
thing less than six months ago, and issued a prospectus fot' a weekly ne\vs- 
paper. Noone kncwwhere he came from, who sent him, or how much A\Tcry 
paia for him. In his prospectus he avowed himself in favor of the present 
national administration, in favor of the principles cnunciated by the Cincin- 
nati national democratic cOll\Tcntion, amI in favor of the introduction of 
ala\-cry into Ol'egOIi.' From the rcmarks of the Jarhonville Ilcrcdd, it 
appears that the Sellti.nel anù the Messellyer were one paper, eJited by lIall. 



422 


OREGON BECOMES A ST:ATE. 


unkno\vn, to awaken in the minds of the people, the 
chief part of whon1 ,vere descendants of slave-holders, 
a desire for unpaid servitude. To nleet this appar- 
ently ,veIl organized effort of the southern derl10crats 
of the United States senate and of California, the 
republicans and free-state deillocrats of Oregon nerved 
themselves afresh. All the newspapers of \vhatever 
politics or religion were filled with discussions of 
the t.opic now nlore than any other absorbing the 
public luind. George H. Williams Inade a strong 
appeal in an article in the Statesman of July 28th, 
sho\ving that Oregon ,vas not adaped to slave labor. 
On the other hand, F. B. Martin urged the advantage 
and even the necessity of slave labor, both sides pre- 
senting lengthy argulllents convincing to themselves. 17 
With 1110re ardor than discretion, Martin said that 
slavery ,vould be a benefit to the negro hin1self; for 
if proved unprofitable, it would die out, and the blacks 
become free in a fine country. Now there ,vas no 
such hater of the free negro as the advocate of slave 
labor; and unless the black lnan could be sure always 
to remain a chattel, they would oppose his entrance 


Or. Statesman, Nov. 17, 1857. It was in this year that the Jacksonville 
Herald was first published, which leaned toward slavery. It was asserted 
by the California journals that the pro-slavery party of that state had its 
emissaries in Oregon, and that it was d.esigneù to send into the territory 
voters enough to give a majority in favor of slavery. S. F. Chronicle, Aug. 
15, 1857. Ex-governor Foote of .Mississippi, then in California, visited Ore- 
gon in August, which movement the republicans thought significant. lJIarys- 
ville Herald and S. F. Chronicle, in 01'. Statesman, Sept. 8, 18.37. Chas E. 
Pickett, formerly of Oregon, returned there from California, and contributed 
some arguments in favor of slavery to the columns of the Statesman. Or. 
.Argus, Oct. 10, 1857; Or. Statesman, Oct. 6, 1857. 
17 See letter of J. W. Mack in favor of slave labor, in Or. Statesman, 
Aug. 18, 1837; anrl of Thomas Norris against, in the Statesman of Aug. 4, 
· 1837; Or. Argus, Jan. 10, Sept. 5, Oct. 10, 1857. The Pacific Christian Ad. 
vocate, methodist, edited by Thomas Pcarne, shirked the responsibility of 
an opinion by pretending to ignore the existence of any slavery agitation, or 
that any prominent politicians were engagcd ill promoting it. Aùams re- 
torted: '\Ve should like to ask the Advocate whether Jo Lane, delegate to 
congress; Judge Deady of the supremc court; T'Vault, editor of the Oregon 
Sentinel; Avery, a promincnt member of the legislature; Kelsay, an influcn- 
tial member of the constitutional convention; Judge Dickey 1\Iiller, a lead- 
ing man in :Marion county; 1\lr Soap and 
Ir Crisp, leac1ing men in Yamhill; 
Judge Holmes and :1\11' Officer of Clackamas, and fifty others we might men- 
tion, who are all rabid "niggcr" men-are not "prominent politicians.'" 
Or. .Ar!Jus, Sept. 5, 1857
 



THE NEGRO IN POLITICS. 


423 


into Oregon to their utmost. That it ,vas a dread 
of the free negro, quite as much as a sentiulent 
against slavery, \vhich governed the makers of the 
constitution and voters upon it, is made apparent by 
the first form of that instrument and the votes \vhich 
decided its final form. 


The constitutional convention assembled at the 
Saleln court-house on the 17th of August, and n1ade 
A. L. IJovejoy president pro tern. IS On the follo\v- 
iug day 
f. P. Deady was chosen president of the 
convention, ,vith N. C. Terry and 1\1. C.. Barkwell as 
secretaries. I9 The first resolution offered was by 
Applegate, that the discussion of slavery would be 
out of place; not adopted. The convention remained 


]8 :Members: )larion county, Geo. H. 'Villiams, L. F. Grover, J, C. Peebles, 
Joseph Cox, Nicholas Shrum, Davis :Shannon, Richard Miller; Linn, Delazon 
Smith, J. T. Brooks, Luther Elkins, J. H. Brattain, Jas Shields, Jr, R. S. 
Coyle; Lane, E. Hoult, 'V. 'V. Bristow, .Jcsse Cox, A. J. Campbell, tI. R. 
:Moores, tPaul Brattain; Benton, John Kelsay, *H. C. Lewis, *H. B. Nich- 
ols, *\Villiam .Matzger; Polk and Tillamook, A. D. Babcock; Polk, R. P. 
Boise, F. \Vaymire, Benj. F. Burch; Yamhill, *\V, Olds, *R. V. Short, *R. 
C. Kinney, *J. R. :McBride; Clackamas, J. K. Kelly, A. L. Lovejoy, :t\V. A. 
Starkweather, H. Campbell, Nathaniel Robbins; Washington and .Multnomah, 
*Thos J. Dryer; .Multnomah, S. J. I\lcCormick, 'Villiam H. Farrar, *David 
LGgan; 'Vashington, *E. D. Shattuck, *John S. 'Vhite, *Levi Anderson; 
'Yasco, C. R. I\leigs; Clatsop, tCyrus Olney; Columbia, *John 'V. 'Vatts; 
Josephine, S. Hendershott, *\V. H. 'Vatkins; Jackson, L. J. C. Duncan, 
J. U. Reed, Daniel Newcomb, 
P. P. Prim; Coos, *T. G. Lockhart; Curry, 
'Yilliam H. Packwood; Umpqua, *Jesse Applegate, *Levi Scott; Douglas, 
I\I. P. Deady, S. F. Chadwick, Solomon Fitzhugh, Thomas \Vhitted. Those 
marked (*) were opposition; t, elected on opposition ticket, but claiming to 
be d('mocrats, and understood to approve of the platform of the last territo- 
rial democratic convention; :t:, elected on the democratic ticket, but said to be 
oppose<l to the democratic organization; 
, position not known. Lockhart's 
election was contested by P. H. ßlarple, who obtained his seat in the conven- 
tion. 
The nativity of the members is as follows: Applegate, Anderson, Bristow, 
Coyle, Fitzhugh, Kelsay, :Moores, Shields, 8, Kentucky; Brattain of Linn, 
Prim. Shrum, 'Vhite, \Vhitted, 5, Tennessee; Brattain of Lane, Logan, 2, 
:N orth Carolina; Babcock, Dryer, Lewis, Olney, Smith, Williams, 'V atkins, 
7, New York; Boise, Campbell of Clackamas, Lovejoy, Olds, 4, l\Iassachu- 
B('tts; llurch, Cox of Lane, I\IcBride, 'Vatts, 4, I\lissouri; Cox of l\larion, 
'Yaymire, 2, Ohio; Crooks, Holt, l\larple, Newcomb, Robbins, 5, Virginia; 
Campbell of Lane, Shannon, 2, Indiana; Chadwick, l\leigs, Starkweather, 
Nichols, 4, Connecticut; Deady, :Miller, 2, :\Iaryland; Duncan, I, Georgia; 
E
kins, Kelly, Peebles, Reed, Short, 5, Pennsylvania; Farrar, 1, New Hamp- 
shire; Grover, 1, l\1aine; Hendershott, Kinney, Packwood, Scott, 4, Illinois; 

latzger, 1, Germany; 1IcConnick, 1, Ireland; Shattuck, 1, Vermont. 
19 John Baker, sergeant-at-arms; another John Baker, door-keeper, the 
latter defeating a canùiùate whose Dame was Baker. 



424 


OREGON BECOMES A STATE. 


in session four \veeks, and frequent references to the 
all-ilnportant topic \vere Blaùe without disturbing the 
general harmony of the proceedings. The debates on 
all subjects ,vere conducted ,vith fairness and delib- 
eration. In order to avoid agitation, it ,vas agreed to 
lea ve to the vote of the people the question of negroes, 
free or enslaved, a special provision being lllade for 
the addition of certain sections, to be inserted or 
rejected according to the vote upon thenl. 20 
The influence of the republican elelnent OIl the ,york 
of the convention ,vas S III all, except as recusants. 21 
l\fost of the provisions ,vere ,vise; LHOSt of then1 
,vere politic if not all liberal. Its bill of rights, ,vhile 
it gave to ,vhite foreigners \vho lnight beconle resi- 
denFs the same privileges as native-born citizens, gave 
the legislature the po\ver to restrain and regulate the 
imn1igration to the state of persons not qualified to 
Lecolue citizens of the United States; thus reserving 
to the future state the p()\ver, should there not be a 
Inajority in favor of excluding free negroes altogether, 
of re8tricting their numbers. The article on suffrage 
declared that no negro, Chinaman, nor mulatto should 
have the right to vote. Another section, some\vhat 
tinged with prej udice, declared that no Chinaillan 'v ho 


20 The sections reserved for a separate vote read as follows: 'Section -. 
Persons lawfully held as slayes in any state, territory, or district of the 
United States, under the laws thereof, may be brought into this state, and 
such slaves hnd their dBscendants may be held as slaves within this state, and 
shall not bp emancipated without the consent of their owners.' 'Section-. 
There shall be neither slavery nor involuntary servitude in this state, other- 
wise than as a punishment for crime, whereof the party shall ha\'e ueen duly 
convicted.' 'Section -. No free negro or mulatto, not residing in this state 
at the time of the adoption of this constitution, shall ever come, reside, or be 
within this state, or hold any real estate, or make any contract, or maintain 
any suit therein; and the legislative assembly shall provide by l)enallaws for 
the removal by public officers of all such free negroes or mulattoes, and for 
their effectual exclusion from the state, and for the punishment of persons 
who shall bring them into the state or employ, or harbor them therein.' Or. 
Sla.lp.<;mall, Sept. 29, 1837; U. S. lIoll!
e JIisc. Doc., 38, vol. i. p. 20-1, ;
3th congo 
1st sess.; U. S. Sen. .i.1li8C. Do("..226, vol. iii., 33th cong, 1st sess.; Dead!J's 
Law,q Ur., 124-5; Ur. Laws, 1837-8. ] 1-40. 
21 Grover, Public Life in Or., 
I:-;., 76-7, says that among others Jesse 
Applegate, one of the most talented men in the country, was snubbed a.t 
e,-ery turn, until, when the draft of a constitution which he had prepared at 
home was peremptorily rejected, he deliberately took up his hat anù walkeù 
out of the court-house. 



CHIKESE AND ECONO
IY. 


425 


should imnligrate to the state after the adoption of 
the constitution should eyer hold real estate or a nlin- 
ing clain}, or \\lork any lnining claiul therein, and that 
the legislature should enact la\vs for carrying out this 
restriction. These proscriptive clauses, ho\vever they 
111ay appear in later tilnes, \vere in accordance ,vith 
the popular sentilnent on the Pacific coast and through- 
out a large portion of the United States; and it Inay 
be doubted ,vhether the highest interests of any nation 
are not subserved by re:serving to itself the right to 
reject an adlnixture \vith its population of any other 
people \vho are distasteful to it. Ho\vever that lllay 
Le, the founders of state governnlent in Oregon \vere 
fully deternlined to indulge themselves in their pre- 
judices against color, and the qualities \vhieh aCCOlll- 
pany the black and yello\v skinned races. 
Another peculiarity of the proposed constitution 
,vas the nlanner in \vl1Îch it defended the state against 
speculation and extravagance. The saIne party ,yhich 
felt no compunctions at ,vasting the Inoney of the 
federal government ,vas careful to fix lo,v salaries for 
state ofiices,22 to prevent banks being established under 
a state charter, to forbid the state to subscribe to any 
stock con)pany or corporation, or to incur a debt in 
any l11anner to exceed fifty thousand dollars, except in 
case of ,val' or to repel inva
ion; or any county to 
become liable for a SUlll greater" than five thousand 
dollars. 
These lin}itations nlay at a later period have hin- 
dered the progres8 of internal inlproveillent:s, Lut at the 
time 'v hen they \vere enacted, ,vere in consonance 
,vith the sentiulent of the people, ,y ho ,vere not by 
habit of a speculative disposition, and \vl1o \vere at 
that 1110nlent suffering frolll the unpaid expen:ses of a 
co::-;tly \var, as ,veIl as frOlll a long neglect of the prin- 
cipal resources of the country, \vhich ,vas a natural 
con
üq uence of the ,val'. 
22 The salaries of the go\?ernor ana secretary were $1,500 each; of the 
treasurer, 8800; of the supreme judgcs, $2,000. The salaries of other officers 
of the court were left to be fixed by law. Deady's Laws Or., 120. 



4Z6 


OREGON BEC011ES A STATE. 


. 


A clause of the constitution affecting the rights of 
lnarried 'VOlnen, though it 111ay have had its inception 
in the desire to place one half of the donation claim 
of each land owner beyond the reach of creditors, had 
all the air of being progressive in sentiment, and 
probably aided in the gro\vth of that independence 
an10ng ,vornen which is characteristic of the country.23 
The boundaries of the state were fixed as at present, 
except that they were Illade to include the Walla Walla 
Valley; providing, ho\vever, that congress lnight on 
the admission n1ake the northern boundary conform 
to the act creating Washington Territory, \vhich ,vas 
done, to t.he disappointu1ent of many who coveted 
that fair portion of the country. The question of the 
seat of government was disposed of by declaring that 
the legislature should not have power to establish it; 
but at the first regular .session after the adoption of 
the constitution the legislative assembly should enact 
a law for subnlÎtting the n1atter to the choice of the 
people at the next general election; and no tax should 
be levied or llloney of the state expended for the 
erection of a state house before 1865; nor should the 
seat of government when established be removed for 
the term of t\venty years, nor in any other lHanner 
than by the vote of the people; and all state institu- 
tions should be located at the capital. 24: 


23 The clause refeITed to is this: 'The property and pecuniary rights of 
every married woman, at the time of marriage or afterwards, acquired by 
gift, devise, or inheritance. shall not be subject to the dcbts or contracts of 
the husband; and laws shaH be passed providing for the registration of the 
wife's scparate property.' This feature of the constitution made the wife ab- 
solute owner of 320 acres or less, as the case might be, and saveù the family 
of many an im!Jrovidellt man from ruin. The wife had, besides, under the 
laws, an equal share with the children in the husband's estate. The princi- 
pal advocate of the property rights of marrieù women was Fred vVaymire, 
the 'old apostle of democracy,' who stoutly maintained that the wife had 
earned in Oregon an equal right to property with her husband. See Or. 
Statesman, Sept. 22, 1857. 
2! vVith regard to the school lands which had been or should be granted to 
the state, excepting the lands granted to aid in establishing a university, the 
proceeds, with all the money and clear proceeds of all property that might 
accrue to the state by escheat or forfciture, all money paid as exemption from 
military duty, the proceeds of all gifts, devises, and bequests made by any 
person to the state for common-school purposes, the proceeds of all property 
granted to the state, the purposes of which grant had not been stated, all 



A POPULAR ELECTION. 


4.27 


It ,,"as ordered by the convention that, should the 
constitution be ratified by the people, an election 
should be held on the first 1fonùay in June 1858 for 
choosing the first state assernbly, a representative in 
congress, and state and county officers; and that the 
legislative assenlbly should convene at the capital on 
the first l\londay of July following, and proceed to 
. elect t\VO senators in congress, making also such 
further provision as should be necessary to conlplete 
the organization of a state governrnent. l\Iean,vhile, 
the forlner order of things was not to be disturbed 
until in due course of tirne and opportunity the ne\v 
conditions were established. 
The 9th of N ovenlber ,vas fixed upon as the day 


the proceeds of the 500,000 acres to which the state would be entitled by the 
proyisions of the act of congress of September 4, 1841, and five per cent of 
thc net proceeds of the sales of the public lands to which the state would be 
entitled-should congress not object to such appropriation of the two last. 
mentioned grants-sboulJ be set apart, with the interest accruing, as a sepa. 
rate and irreducible fund, for the support of common schools in each school 
district, and the purchase of suitable libraries and apparatus. Zabriskie's Land 
Law, ß37-9, ß3D-ß3, ßû4-7. The governor for the first five years was de- 
clared superintendent of public instruction; but after five years the legisla- 
ture might proviùe by law for the election of a state snperintendent. The 
governor, secretary of state, and state treasurer were made to constitute a 
board of commissioners for the sale of school and university lands, and for 
the investment of the funds arising therefrom, with powers and duties to be 
prescribed by law. The university funds with the interest arising from their 
investment should remain unexpended for a period of ten years, unless con- 
gress should assent to their being diverted to common-school purposes, as bad 
been requested. The act of congress admitting Oregon allowed tbe state to 
select lands in place of these 16th and 36th sections granted in previous acts, 
for school pnrposes, but which had in many cases been settled upon previous 
to the passage of the act making the grant. It also set apart 7"2 sections for 
the use and support of a state university, to be selected by the governor and 
approved by the commissioner of the general land office, to be appropriate<.l 
and applied as the legislature of the state might prescribe, for that purpose, 
but for no other purpose. The act of admission by the grant of twelve salt 
springs, with six sections of land adjoining or contiguous to each, furnished 
another and important addition to the common-school fund, as under the 
constitution all gifts to the state whose purpose was not named were contri- 
butions to that fund. Deac!y's Laws Or., 116-17. Congress did not listen to the 
prayer of the legislative assembly to take back the gift of the Oregon City 
claim and give them two townships somewhere else in place of it. Neither 
could they find any talent willing to undertake the legal contest with 
Ic- 
Loughlin, who held possession up to the time of his death in September 1837, 
and his heirs after him. Finally, to be no more troubled with the unlucky 
donation, the legislative assembly of 1862 reconveyed it to :l\1cLoughlin's 
heirs, on condition that they should pay into the university fund the sum of 
$1,000, and interest thereon at ten per cent per annum forever. 



428 


OREGOX BECO)IES A STATE. 


'" hen the people shoÚlJ decille at the polls upon the 
con
titu tion and the que
tions acco111pauying it. The 
interval ,vas filled ,vith auiluated discussions upon 
slavery, on the rost.rUIll and in the public prints; the 
pro-slavery papers being Inuch n10re bitter againt\t 
the constitution for not 111aking Oregon a slave state 
than the opposition papers for neglecting to lnake it 
a free state. The latter gave the constitution little. 
support; because, in the first place, it ,vas ,veIl under- 
stood that the party 'v hich forIlled it ,vas bent on ad- 
Inission, in order to retain in its o,vn grasp the p()\ver 
'v hich a change of adn1Ïnistration n1Ïght place in the 
hands of the free-soil party, under the territorial 
organization, as ,veIl as because they did not ,v holly 
approve the instrLunent. There ,vas, as could only 
be expected, the usual partisan acrilllony ill the argn- 
nlents on either side. :F'ortunately the tilHe ,vas short 
in ,vhich to carryon the contest. Short as it ,vas, 
ho,vever, it developed Jnore fully a style of political 
journalisIll ,yhich ,vas not argulnent, but invective-a 
Inethod "not c0111plimentary to the Ina

es to he in- 
fluenced, and really not furnishing a fair standard Ly 
,vhich to judge the intelligence of the people. 
The vote on the constitution resulted in a nlajority 
of 3,980 in favor of its adoption. There \vas a I1H1- 
jority against slavery of 5,082; and against free ne- 
groes of 7,559. The counties \vhich gave the largest 
vote in favor of slavery ,vere Lane and Jackson. 
Douglas gave a n1ajority of 29 for slavery, \vhile ouly 
23 votes \vere recorded in the county for free negrocs. 
Indeed, the result of the election den10nstrated the 
fact that the southern sentilnent concerning the blaC'k 
race had en1igated to Oregon along \vith her sturdy 
pioneers. Enslaved, the negro nlight be endured; 
free, they would have none of him. The \vhoJe 
nun1ber of votes polled ,vas only about 10,400; 7,700 
voted against slavery; 8,600 against free negroes; 
the rell1aining 1,000 or 1,100 ,vere probably indif- 



LEGISLATIVE ASSE:
IBL Y. 


429 


ferent, but being conscientious republicans, allo,ved 
the free negro to COllle or go like any other free man. 25 


The adoption of the cOll8titution ,vas a triumph for 
the regular de1llocratic party, \vhich expected to con- 
trol the state. 'Vhether or not congress would ad- 
u1it Oregon at the first session of 1857-8 ,vas doubt- 
ful; another year might pass before the matter ,vas 
detern1Ïned. The affairs of the territory in the nlean 
tin1e 1nust go on as usual, though they should be 
shaped as llluch as possible to Illeet the anticipated 
cha nge. 
The legislative assembly26 met on the 17th of De- 
ceulber, and on notifying the governor, received a 
Inessage containing a historical revie,v from the begin- 
ning. The governor approved the constitution, and 
congratulated the asselnbly on the flourishing condi- 
tion of the country. 
The legislature of 1857-8 labored under this disad- 
vantage, not altogether ne,v, of not kno,ving ho,v to 
COnfOl'ln its proceedings to the ,viII of the general gov- 
ernIllent. Although not yet adn1Ïtted to the union, a 


25 Grover's Pub. Life, MS., 53-5; Or. Laws, 18.37-8, p. 41; Or. Statesman, 
Dcc. 22, 18.")7; Or. Argu.ç:, Dec. 5, 1837. 
2(j 
IemLers of the council: A. M, Berry, Jackson and Josephine; Hugh 
D. O'Bryant, Umpqua, Coos, Curry, aud Douglas; * A. A. Smith, Lane and 
Benton; Charles Dw.in, Linn; *N athaniel }'ord, Polk and l'illamook; *Thomas 
Scott, Yamhill and Clatsop; Edward Sheil, 
lariou; A. E. 'Vait, Clackamas 
and \Vasco; *Thomas R. Cornelius, \Vashington, l\lultnomah, and Columbia. 
President of council, H. D. O'Bryant; clerk, Thomas B. l\Iicou; assistant 
clerk, \Villiam \Vhite; enrolling clerk, George A. Eades; sergeant-at-arms, 
Robcrt Shortess; door-keeper, 'Villiam A. 'Yright. 
l\lembers of the house of representatives: George Able, E. C. Cooley, .J. 
'Voodsides, :Marion; Anderson Cox, N. lIe Cranor, H. 
I. Brown, Linn; Ira 
F. 1\1. Butler, Polk; Benjamin Hayden, Polk and Tillamook; *Heuben C. Hill, 
* James H. Slater, Benton; * A. J. Shuck, *'Villiam Allen, Y amhill; *II. V. 
V. Johnson, 'Vashington; *Thomas J. Dryer, 'Vashington and l\Iultnomah; 
*'Villiam l\I. King, l\1ultnomah; *Joseph Jeffries, Clatsop; *F. 1\1. 'Varren, 
Columbia; N. H. Gates, 'Vasco; S. P. Gilliland, F. A, Colla.rd, George Hees, 
Clackamas; J. 'V. Mack, John \Vhitaker, Lane; *James Cole, Umpqua; A
 
A. l\latthews, Douglas; Kirkpatrick, Coos and Curry; H. H. Browll, \Vill- 
iam H. Hughes, Jackson; R. S. Belknap, Jackson and .Josephine; J. G. 
Spear, Josephine. Speaker of the house, Ira F. 1\1. Butler; clerk, Charles 
B. Hand; assistant clerk, N. T. Caton; enrolling clerk, George L. Russcll; 
eergeant-at-arms Jl J. B, Sykes; door-keel)er, J. Hcnry Brown. Or. Laws, 
1857-8, p. 9-10. * Opposition. 



430 


OREGON BECOMES A STATE. 


portion of the members ,vere in favor of regarding 
their assemb
y as a state body, and framing their acts 
accordingly. Others thought that endless discussions 
,vould arise as to the authority of the constitution 
before its approval by congress, and ,vere for n1aking 
only such localla\vs as ,yere required. Great efforts 
,vere made to keep the subject of slavery in the 
background, lest by the divisions of the democratic 
party on that issue, the denlocratic majority at the 
first state election should be lessened or endangered. 
After some miscellaneous business, and the election 
of territorial officers,27 the assembly adjourned Deceln- 
ber 19th to meet again on the 5th of January. On 
the day of the adjournnlent the denlocratic central 
comnlittee held a meeting to arrange for a state con- 
vention, at which to nominate for the June election in 
1858. 


At the election of 1858 there were three parties 
in the field, Oregon dernocrats, national denlocrats,29 
and republicans. 29 The national faction could not get 
beyond a protest against tyranny. It nominated J. 
K. Kelly for representati ve in congress, and E. l\f. 
Barnuln for governor. 30 The republicans nominated 
an entire ticket, ,vith John R. l\IcBride for congress- 
man and John Denny for governor. Feeling that 


27Most of the old officers were continued; Joseph Sloan was elected super- 
intendent of the penitentiary. Or. Statcsman, Dec. 22, 1857. 
28 The nationals were the few too independent to submit to leaders instead 
of the people. Their principal men were \Villiam M:. King, N athalliel Ford, 
Thomas Scott, Felix A. Collard, Andrew Shuck, George Rees, James H. 
Slater, \Villiam Allen, and S. P. Gilliland. 
29 The platform of the republican party distinctlyavowf"d its opposition 
to slavery, which it regarded as a merely local institution, one which the found- 
ers of the republic deprecated, and for the abolition of which they made 
provisions in the constitution. It declared the Kansas troubles to be caused 
by a departure from the organic act of 1787, for the government of all the 
territory then belonging to the republic, and which had been adhered to 
until 1854, since which a democratic administration had endeavored to force 
upon the people of Kansa.
 a constitution abhorrent to their feelings, and to 
sustain in power a usurping and tyrannical minority-an outrage not to be 
borne by a free people. It called the Dred Scott decision a disgrace, and 
denounced the democratic party generally. Or. Argus, April 10, 1858. 
8u The remainder of the ticket was E. A. Rice for secretary; J. L. Brom- 
ley, treasurer; James O'Meara, state printer. 



DEM:OCRATIC VICTORY. 


431 


the youth and inexperience of their candidate for 
congress could not hope to ,vin against the two demo- 
cratic candidates, the republicans, \vith the consent of 

IcBride, voted for Kelly, whom they liked, and 
,vhom they hoped not only to elect, but to bring over 
to their party. 31 · 
1Iean,vhile, though Kelly ran well, the thorough 
organization of the democratic party secured it the 
usual victory; Grover was elected state represen ta- 
tive to congress; John Whiteaker, governor; Lucien 
Heath, secretary; J. D. Boon, treasurer.; Asahel Bus.h, 
state printer; Deady, Stratton, BOISé, and Walt, 
judges of the 
upreme court; A. C. Gibbs, H. Jackson, 
D. W. DouthItt, and B. Hayden, attorneys for the 
1st, 3d, 4th, and 5th districts. The only republican 
ejected for a state office ,vas Mitchell, candidate for 
prosecuting attorney 
n the 2d district. 32 The state 


81 The remainder of the republican ticket was Leander Holmes, secretary; 
E. L. Applegate, treasurer; D. 'V. Craig, state printer; C. Barrett, judge of 
the 1st district, John Kelsay of the 2.1, J. B. Condon of the 3d, and Amory 
Holbrook of the 4th; prosecuting attorneys, in the same order, beginning with 
the 2d district, :M. \V. Mitchell, George L. \V oods, \V. G. Langford, and Bren- 
nan. It was advocated in secret caucus to send to California for E. D. 
Baker to conduct the canvass, and speak against the array of democratic 
talent. The plan was not carried out, but home talent was put to use. In 
this campaign E. L. Applegate, son of Lindsey and nephew of Jesse Apple- 
gate, first made known his oratorical abilities. His tlncle used to say of him 
that he got his education by reading the stray leaves of books torn up and 
thrown away on 
he road to Oregon. He was however provided with that 
generallcnowledge which in ordinary life passes unchallenged for education, 
and which, spread over the surface of a campaign spe
ch, is often as effective 
as greater erudition. Another who began his public speaking with the forma- 
tion of the republican party in Oregon was George L. Woods. His subsequent 
success in public life is the best evidence of his abilities. He was cousin to John 
R. 1\tlcBride, the candidate for congress. Both were friends and neighbors of 
'V. L. Adams, and the three, with their immediate circle of relatives and 
friends, carried considerable weight into the republican ranks. Woods was 
born in Boone co., 1\(10., July 30, 1832, aud came to Oregon with his father, 
Caleb \Voods, in 1847. The family settled in Yam hill co. In 1853 he mar- 
ried his cousin Louisa A. J\fcBride; their children being two sons. \Voods 
was self-educated; reading law between the labors of the farm and carpen- 
ter's bench. His career as a politician will appear in the course of this 
history. 
S:l The office of state printer, so long held by Bush, was only gained by 
400 majority-the lowest of any. It was not Craig, however, who divided 
the votes with him so successfully, but James O'Meara, the candidate of the 
national democrats, who came from California to Oregon in 18.37. In the 
spring of 1858 O'Meara succeeded Alonzo Leland as editor of the Democratic 
Standard. 



432 


OREGON BECO:\IES A STATE. 


legislature consisted of t,venty-nine democrats and five 
republicans in the lùw'er house, and t\velve denlocrats 
and four republicans in the senate. 33 According to 
the constitution, the first state legislature ,vas required 
to meet on the first l\londay in July 1858, and pro- 
ceed to elect t\VO senators to congress, and 111ake such 
other provision as \vas necessary to complete the or- 
ganization of a state governnlent. In compliance ,vith 
this requirenlent, the ne,vly elected legislature met 
on the 5th of July, and chose Joseph Lane and De- 
lazon Sn1Îth United States senators. 3 4: On the 8th 
the inauguration of Governor Whiteaker took place, 
Judge Boisé adtninistering the oath. 35 Little business 
,vas transacted of a legislative nature. A tax of t,vo 


SSSenate: J\Iarion county, J. w. Gri
, E. F. Colby; Yamhill, J. Lam. 
son; Clackamas and 'Vasco, J. S. Ruckle; Polk, F. 'Vaymire; Linn, Luther 
Elkins, Charles Drain; Lane, \V. 'V. Bristow, A. B. Florence; Umpqua, 
Coos, and Curry, D. H. 'Vclls; Jackson, A. 
I, Berry; Josephine, S. R. 
Scott; 'Vashillgton, Columbia, Clatsop, and Tillamook, *T. R. Cornelius; 

Iultnomah, *J. A. 'Villiams; Benton, *John s. 
lcIteeney; Douglas, *J. F. 
Gazley. Housc: Clatsop and Tillamook, R. 'V. 
lOl.rison; Columbia and 
'Vashington, :Ncl
on Hoyt; 
lu1tllomah, A. D. Shelby, *T. J. Dryer; Clack- 
amas, A. F. Hcdges, B. Jennings, D. B, Hannah; 'Vasco, Victor Trevitt; 
Polk, B, F. Burch, J. K. 'Vait; ltIarion, B. F. Harding, B. F. Bonham, J. 
II. Stevcns, J. II. Lassater; Linn, N. H. Cranor, E. E. 
lclninch, T. T. 
Thomas, John T. Crooks; Lane, R. B. Cochran, A. S. Patterson, A. J. Cru- 
zan; Umpqua, J. 1\1. Cozad; Douglas, Thomas Norris, * A. J. :l\IcGee; Coos 
and Curry, \rilliam Tichenor; Jackson, Daniel Newcomb, ,Yo G. T'Vault, 
*J. 'v. Cully; Josephine, D. H. Holton; \Vashillgton, *\Vilson Bowlby; 
Yamhill, * A. Shuck, J. C. Nelson (resihYßed); Benton, J. H. Slater, H. B. 
Nichols. Luther Elkins was chosen president of the senate and 'V. G. 
T'Vault speaker of the house. * Republicans. 
3-1 Lane wrote from 'V ashington, 
Iay 18, 1858, soliciting the nomination, 
and promising to do ll}uch if elected; dcclaring, however, that he did not 
wish a seat in the senate at the expense of harmony in the democratic party. 
He added a postscript to clinch the nail. 'Dear Bush-The Lill for the ad- 
mission of Oregon has this moment passed the senate, 35 to 17. All right in 
the house. Your friend, Lane.' 01.. Statesman, June 29, 1838. N otwith- 
standing the promises contained in this letter, and the bait held out by ad. 
dendum, Lane made no effort to get the bill through the house at that ses- 
sion. He wished to secure the senatorship, but he was not anxious to 
have Oregon admitted until the time was ripe for the furtherance of a scheme 
of the democratic party, into which the democrats of Oregon were not yet 
admitted. 
35John 'Vhiteaker was born in Dearborn co., Ind., in 1820. He came to the 
Pacific coast in 1849, and to Oregon in 1832. San José Pioneer, Dec. 2], 1878. 
His early life was spent on a farm in his native state. At the age of 23 he 
married ßliss N. J. Hargrove, of Ill., and on the discovery of gold in Cal. 
came hither, returning to Ill. in 1831 and bringing his family to Oregon. He 
settled in Lane county ill 1832, where he was clected county judge. He was 
a member of the legislature of 1837. llepre8entalive Men of Ure[Jon, 178. 



EFFORTS FOR AD
IISSION. 


433 


mills on a dollar \vas levied to defray current expenses; 
and an act passed to regulate the practice of the 
courts; and an act appointing times for holding 
courts for the year 1858. 36 These laws were not 
to take effect until the state was adlnitted into the 
Union. 


Four ,veeks of suspense passed by, and it became 
certain that Oregon had not been adn1Îtted. The war 
debt had made no advancelnent to,vard being paid. 
The records of congress sho\ved no effort on the part 
of Lane to urge either of these measures, neither did 
he offer any explanation; and it began to be said that 
he ,vas purposely delaying the adnlission of Oregon 
until the next session in order to dra\v mileage as 
both delegate and senator. I t was also predicted 
that there \vould be difficulty in procuring the ad- 
Inission at the next session, as eongress would then 
be disposed to insist on the rule recently established 
requiring a population of 93,000 to give the state 
a representative; but it was hinted that if the senators 
and representative elect should be on the ground at 
the convening of congress, there would still be hope. 


36 This was in reference to a law of congress passed in Aug. 1836, that 
the judges of the supreme court in each of the territories should fix the 
time anù places of holùing courts in their respective districts, and the òura- 
tion thereof; providing, also, that the courts should not be held in more than 
three places in anyone territory, and that they shouh1 adjourn wheneyer in 
the opinion of the juJ.ges their further continuance was unnecessary. This 
was repaying Oregon for her cours
 toward the fe(leral judges, and was held 
to work a hardship in several ways. Lane was censured for allowing the act 
to pass without a challenge. However, to adjust matters to the new rule, 
the legislature of 1836-7 passed an act rearranging the practice of the courts, 
and a plaintiff might bring an action in any court most convenient; witnesses 
not to bE' summoned to the district courts except in admiralty, di vorce, and 
chancery, or special cases arising under laws of the U. S.; but the district 
courts should hav"e cognizance of offences against the laws of the territory in 
bailable cases; and shoulù constitute courts of appeal-the operation of the 
law being to p]ace the principal judicial business of the territory in the county 
courts. 0". Laws, 1856-7, p. 17-23. Another act was passed requiring a 
single term of the supreme court to be held at Salem on the 6th of Aug., 
1837, and on the first :Monday in Aug. annual1y thereafter; and repealing 
all former acts appointing terms of the supreme court. The object of this 
act was to put off the meeting of the judges at the capital until after the ad- 
mission of Oregon, thus rendering inoperative the law of congress-as Smith 
explained to the legislature at the time of its passage. But it happened that 
Oregon was not admitted in 1857, which failure left the U. S. courts in BUS. 
rense as to how to proceed; hence the action of this legislature. 
HIBT. OR,. VOL. II. 28 



434 


OREGON BECO
IES A STATE. 


Acting upon this suggestion, Grover and Snlith set 
out for the national capital about the last of Septem- 
ber, to hasten, if possible, the desired event. 37 At 
this trying juncture of affairs, Lane gave advice, 
"rhich the Statesn'lan had the good sense to discounte- 
nance, that the state, having been organized, should 
go on as a state, ,vithout ,vaiting for the authority of 
congress. He \vas after\vard accused of having done 
this ,vith a sinister motive, to bring Oregon into the 
position of a state out of the union. 
It ,vas deterlnined not to hold the Septernber ternl 
of the state legislature, ,vhich might bring nothing 
but debt. A few of the mell1bers ,vent to Salem at 
the time appointed, but they adjourned after an in- 
forInal lneeting. I t now became certain that there 
nlust be a session of t.he territorial assembly at the 
usual time in Decenlber and January, as the territo- 
rial government must go on during the suspension of 
the state government. Accordingly, on the 6th of 
December, the members of the territorial legislature, 
,vho had been elected at the same time with the state 
legislature to provide against the present contingency, 
assenlbled at Salem and proceeded to the usual busi- 
ness. 38 


37 Grover's Pub. Life, MS., 71. 
::ssCouncil: Jackson and Josephine, A. 
f. Berry; Umpqua, Coos, Curry, 
and Douglas, Hugh D. O'Bryant; Lane and Benton, James 'V. 1\lack; Linn, 
Charles Drain; Polk and Tillamook, *N. Ford; Yamhill and Clatsop, George 
H. 
teward; Marion, Samuel Parker; Clackamas and 'Vasco, A. E. 'Vait; 
'Vashington, l\lultomah, and Columbia, *Thos R. Cornelius. House: Marion, 
B. F. Bonham, J. H. Stevens, J. H. Lassater; Linn, N. H. Cranor, E. E. 

1clninch, John T. Crooks; Polk, Isaac Smith; Polk and Tillamook, H. N. 
V. Holmes; Benton, *James H. Slater, *H. B. Nichols; Yamhill, A. Zieber, 
J. II. Smith; \Vashington, *'Vilson Bowlby; 'Vashington and Multnomah, 
*E. D. Shattuck; 1\lultnomah, *T. J. Dryer; Clatsop, *\V. 'V. Parker; Co- 
lumbia, W. R. Strong; Wasco, N. H. Gates; Clackamas, A. F. Hedges, D. 
B. Hannah, B. Jennings; Lane, 'V. \V. Chapman, 'V. S. Jones; Umpqua, 
*James Cole; Douglas, * A. E. 
fcGee; Coos and Curry, \Villiam Tichenor; 
Jackson, W. G. T'Vault, S. Watson; Jackson and Josephine, D. Newcomb; 
Josephine, D. S. Holton. Officers of council: Charles Drain, president; N. 
Huber, clerk; 'V. L. White, assistant clerk; H. H. Howard, enrolling clerk; 
D. S. Herren, sergeant-at-arms; James L. Steward, door-keeper. Officers of 
the house of h...presentatives: N. H. Gates, speaker; James 1\1. Pyle, clerk; 
H. 'V. Allen, assistant clerk; J. D. Porter, enrolling clerk; E. C. McClane, 
sergeant-at-arms; Joseph H. Brown, door-keeper. Or. Laws, 1858-9, 7-9. 
,* .Republican. 



GOVERNOR"S MESSAGE. 


435 


Governor Curry's message indicated the Lane in- 
fluence. I t contained some renlarks on \v hat the States- 
man called the anomaly of a territorial governlnent, 
and urged that the territorial systenl was uncon- 
stitutional, \vrong in principle, and not in harlnony 
,vith the spirit of .Lt\..merican institutions. He declared 
there was no provision of the constitution \vhich con- 
ferred the fight to acquire territory, to be retained as 
territory and governed by congress \\Tith absolute 
authority; nor could the people of the United States 
\\1 ho chose to go out and reside upon the vacant ter- 
tory of the nation, be Inade to yield a ready obedience 
to \yhatever lav{s congress might deem best for their 
government, or to pay implicit deference to the author- 
ity of such officers as \vere sent out to rule over them. 
No such po\ver, according to Governor Curry's vie\v, 
had ever been delegated to the government by the 
sovereign people of the sovereign states, who alone 
could confer it; and the only authority of congress 
over the territories was that derived from a clause in 
the constitution intended simply to transfer to the 
ne\v governnlent the property held in COUlmon by the 
original thirteen states, together with the power to 
apply it to objects nlutually agreed upon by the states 
before their league was dissolved. The po\ver of en- 
larging the limits of the United States was by ad- 
mitting ne\v states, and by that means only. It ,vas 
contended that California, which had no territorial 
existence, callIe into the union nlore legitimately than 
Oregon ,vould do, because Oregon had submitted it- 
self to the authority of the general government. 
This and more was declared, in a clear and argument- 
ative style, very attractive if not convincing. The 
Statesman recommended it to the perusal of its read- 
ers, at the same time declining to discuss the ques- 
tion. This was only another indication of the ten- 
dencies of the democratic party in Oregon, as else- 
where. Curry's whole argument was an attack on 
the validity of the ordinance of 1787, to which the 



436 


OREGON BECO
IES A STATE. 


founders of the provisional governnlent had tenaciously 
clung, and a contradiction of the spirit of an the pe- 
titions and 111enlorials of their legislatures fron} the 
beginning to the then present till1e. He lost sight of 
the fact that the states were not such in the old- 
,vorld sense of the term, but parts of a con1pound 
state or national confederacy; and as such subject to 
SOllle general regulations which they were bound to 
ohey. The doctrine that a body of' the people could 
go out and seize upon any portion of the territory be- 
longing to the \vhole union, and establish such a gov- 
ernInent as pleased them without the consent of the 
nation, \vas not in accordance \yith any kno\vn svstelu 
of national polity. The object of i"ntroducing this 
subject in an executive message under the exist.ing 
peculiar political condition of Oregon, and at a tiU18 
,v hen his connection \vith territorial affairs ,vas nlere]y 
incidental, lllUSt ever relnain open to suspicion. It 
,vas fortunate, with leading officials capable of such 
reasoning, that the people had already voted upon and 
decided for thenlselves the question \vhich lay at the 
bottom of the n1atter, not upon constitutional grounds, 
but upon the ground of expediency. 


Little was done at this session of the legislative 
assembly beyond an1ending a fe\v previous acts, and 
passing a number of specialla\vs incorporating Inining 
in1proven1ents in the southern counties, and other 
co 111 pan ies for various purposes in all parts of Oregon. 
Less than the usual nun1ber of memorials \vere ad- 
dressed to congress. An appropriation of $30,000 was 
asked to build a military road from SOlne point of inter- 
section on the Scottsburg road, to Fort Boisé; it being 
represented that such a highway would be of great 
value in 1110ving troops between forts Umpqua and 
Boisé, and of great importance to the whole southern 
and \vestern portion of Oregon. A tri-weekly mail, by 
stages bet\veen Portland and Y reka, was petitioned 



PETITIONS TO CO
GRESS. 


437 


for ;89 and the Oregon delegate ,vas instructed to ask 
for land offices to be opened at 
J acksonville and The 
Dalles, for the survey of a portion of eastern Oregon, 
and for the establishlnent of an Indian agency and 


39 The Pacific 1\lail Steamship Company procured the remo\"al of the dis- 
tributing office for Oregon from Astoria to San Francisco about 1833, as I have 
before mentioned, causing confusion and delay in the receipt of mails, the 
clerks in San Francisco being ignorant of the geography of Oregon, and the 
system being obnoxious for other reasons. A mail arrived after the ordinary 
delay at Oregon City, Dec. 21st, and lay there until Jan. 1st, with no one to 
attend to forwarding the mail-bags to their proper destinations up the valley. 
Such was the state of things in 18.3û. The legislature petitioned and remon- 
strated. In 1857, when Lane was in Oregon and was re-elected to congress, he 
gaye as a reason for not having secured a better mail service that the republi- 
cans had a majority in congress, when this same republican congress had ap- 
propriated $300,000 for an overland mail to California, which was intended to 
operate as an opeuing wedge to the Pacific railroad; but the democrats, by \vay 
of favoring the south, succeeded in establishing the o\yerland mail route by the 
way of EI Paso in .Mexico. A contract was concluded about the same time 
with the P. 1\1. S. S. Co, for carrying mails between Panamá and Astoria, 
fùl' S
!8,2.)O per annum, and the service by sea was somewhat improved, al- 
though still yery imperfect. In the mean time the overland mail to Califor- 
nia was established, the first coach lea\'Ïng St Louis Feb. 16, 1838. It was 
some months before it was established, the second arriving at San Francisco 
in October, and the first from San Francisco arriving at Jefferson, :Missouri, 
Oct. 9th, with six passengers, in 23 days 4 hours. This was quicker time, 
than the steamers made, and being more frequent1y repeated was a great gain 
in communication with the east for California, and indirectly benefited 
Oregon, though Oregon could still only get letters twice a month. 
:Before 1837 there was no line of passenger coaches anywhere in Oregon. 
One Concord coach owned by Char]es Rae was the only stage in the \V l11a- 
mette from 1833 to 183.3. A stage line from Portland to Salem was put on 
the road in 1837, making the journey, 50 miles, in one day, In 1
39, a mail 
and passenger coach ran once a week from Salem to Eugene, and from Eu- 
gene to Jacksonville. 'Veekly an(l semi-weekly llI.ails had been carried to the 
towns on the west side of the valley, Hillsboro, Lafayette, Dallas, and Cor- 
vallis; but the post-office department in 18ÖO ordered this service to be re- 
duced to 3, Li-monthly one, and that the mail should be carried but once a 
week to Jacksonville and the towns On the way. 'If Lane keeps on helping 
us,' said the AI'!Jus, 'we shall soon have a monthly mail carrie(l on foot or in 
a canoe.' On the other hand, the people were clamoring for a daily mail from 
Portland to Jacksonyille, with little p!'ospect of getting it until the Califor- 
nia Stage Company interposed with a proposition to the postal department to 
carry the mail daily overland to Oregon. This company, formed in 18,)3 by the 
consolitlation of the yarious stage lines in California, had a capital stock of 
$1,000,000 to begin with, incluùing 750 horses and covering 4,)0 miles of road. 
James Birch, president, was the first adyocate in \Vashington of the O\"er- 
land mail to the east, and by his persistence it was secured. In 18,)9-60 the 
vice-president, F. L. Stevens, urged upon the department the importance of 
a daily mail line overland from S. F. to Portland, and succeeded ill gain- 
ing his point and the contract. In June 1860 the California company placed 
its stock on the road as far north as Oakland, connecting there with Chase's 
line to Corvallis, which again connected with the Oregon Stage Company's 
line to Portland, m.aking a through line to Sacramento in October. It 
required a consiùerable outlay to put the road in repair for making regular 
time, and at the hest, winter travel was often interrupted or delayed. Then 
came the great flood of 1861-2, which carried away almost all the bridges on 



438 


OREGON BECOMES A STATE. 


military post in the Klamath Lake country.40 On 
the 22d of January the legislative assembly adjourned 
without having learned whether its acts were invalid, 
or the state still out of the union; but not ,vithout 
having elected the usual list of territorial officers. 41 


the line, and damaged the road to such an extent that for months no mails 
were carried over it. But nothing long interrupted the enterprises of the 
company. In due course travel was resumed, and in 1865 their coaches rau 
400 miles into Oregon, This year the company demanded $50,000 additional 
for this service, which was refused, and in ]866 they sold their line to Frank 
Stevens and Louis McLane, who soon re-sold it to H. 'V. Corbett,:F.. Corbett, 
'Villiam Hall, A. O. Thomas, and Jesse D. Carr, and it was operated until 
ISGU under the name of H. 'V. Corbett & Co. Carr then purchased the 
stock, and carried the mail until ]870, when the Cal. and Or. Coast Overland 
)lail co. obtained the contract, and bought Carr's stock. They were running 
in 1881, since which period the railroad to Oregon has been completed, and 
carries the mail. 
The first daily overland mail from St Joseph, Missouri, to Sacramento ar. 
rived at that place July 18, 1861, in 17 days 4 hours, having lost but 4-0 hours 
running time. One passenger, Thomas 
liller, came directly through to Ore- 
gon-the longest trip by coach ever made. In consequence of the civil war, 
the southern route was abandoned, and the central route by Salt Lake estab. 
lished, the precursor of the railroad. Indians and highwaymen caused its 
discontinuance in 1862, anù the gO\?ernment accepted the services of a regi- 
ment of infantry and 5 companies of cavalry to protect it between Salt Lake 
and California, while the Gth Ohio cavalry kept watch on the plains east of 
Sal t Lake. 
Contemporary with the daily overland mail was the Pony Express, a de- 
"ice for shortening the time of important mail matter. 'V. H. Russell of 

iissouri was the founder, and ran his ponies from the :Missouri to Salt Lake, 
connecting with the ponies of the overland mail from there westward. The 
time maòe was an average of 8 days, or half the time of the coaches. In Nov. 
ISGI, the telegraph line from the l'rlissouri to the bay of San Francisco was 
completed, though the pony express continued for some time afterward. By 
the aid of telegraph and daily mail, Oregon obtained New York news in 4 
days, until in 18G4 a telegraph line from Portland to Sacramento had finally 
done away with space, and the long year of waiting known to the pioneers 
was rcduced to a few hours. 
40 There was a clause in the constitution which prohibited the legislature 
from granting divorces, which prohibition on becoming known stimulatcd in 
a remarkable manner the desire for freedom from marital bondage. Thirty- 
one divorces were granted at this session of the territorial legislature, which 
would be void shoulù it be found that congress had admitted Orcgon. For- 
tunately for the libcrated applicants, thc aòmission was delayed long enough 
to lcgalize these enactments. It was said that as many more applications 
were recei ,"'ed. The churches were shocked. The methodist confcrence de- 
clared that marriagc could be dissolved only by a violation of the scventh 
commandment. The congregationalists drew the lines still closer, and in- 
cludcd the slavery question. OJ'. A'rgus, July 28, 18ÜO; Or. Statesman, Sept. 
20, 18;)9. 
41 D. Newcomb was chosen brigadier-general; George H. Steward quarter- 
master-general; A. L. Lovejoy commissary-general; D. S. Holton surgeon- 
gencral; J. D. Boon treasurer; B. F. Bonham auditor and librarian. The ex- 
pense of the territorial government for 18;)8 was $18,03-1,70. To pay the 
expenses of the constitutional conyention a tax of 1:1 mills was levied on all 
taxable property. UI". Laws, 1838-9, 40. 



A BROKEN IDOL. 


439 


Before the adjournment, letters began to arrive from 
Grover and Smith relative to the prospects of Oregon 
for adlnission. They wrote that republicans in con- 
gress opposed the measure because the constitution 
debarred free negroes from emigrating thither, as 
,veIl as because the population was insufficient, and 
that an enabling act had not been passed. These 
objections had indeed been raised; but the real ground 
of republican opposition ,vas the fact that congress 
had refused to adn1Ît Kansas with a population less 
than enough to entitle her to a representative in the 
lo\ver house, unless she ,vould consent to come in as 
a slave state; and no,v it ,vas proposed to adn1Ît Ore- 
gon ,vith not n10re than half the required population,42 
aud excluding slavery. The distinction was invidious. 
The democrats in congress desired the adlnission be- 
cause it ,vould, on the eve of a presidential election, 
give them tlVO senators and one representative. For 
the same reason the republicans could not be expected 
to desire it. Why Lane did not labor for it ,vas a 
question ,vhich puzzled his constituents; but it ,vas 
evident that he was playing fast and loose with his 
party in Oregon, whonl he had used for his o\vn ag- 
grandizenlent, and \vhom no\v he did not admit to his 
confidence. The hue and cry of politicians no\v be- 
gan to assail him. The idol of Oregon den10cracy ,vas 
clay 1 43 
42 In 18:>6, when the subject was before congress, Lane said he believed the 
territory could poll 15,000 or 20,000 votes. It had been stated in the house, 
by the chairman of the committee on territories, on the 31st of Jan. 
]837, that Oregon had a popubtionof about 90,000. Congo Globe, xxxiv. 520. 
But the Kansas affair had made members critical, and it was well known be- 
sides that this was double the real number of white inhabitants. Gi!jre!l's Or., 
)IS., 17-18; Dead!J's /list. Or., 
I:-;., 39. The population of Oregon in 1858 
according to the territorial census was 42,677. The U. S. census in lSGOmade 
it 52.4IG. 
(3 In the ten years since the territory had first sent a delegate to congress, 
and during which at every session its legislature had freely made demands 
which had been frequently responded to, the interest of congress in the Oregon 
territory had declined. Then came the allegations made by the highest mil- 
itary authorit.y on the Pacific coast that the people of Oregon were an organ- 
ized army of Indian-murderers anù government robbers, in support of \'I:hich 
aSBertion was the enormous account against the n...tion, of nearly six million 
dollars, the payment of which was opposed by almost the entire press of the 
union. It is doubtful if any man could have successfully contended against 



440 


OREGON BECO
IES A STATE. 


At last, amidst the lTIultitude of oppugnant issues 
poind factions, of the contending clairns to life and lib- 
erty of 111en-white, red, copper-colored, and black 
-of the schemings of parties, and the fierce quarr
ls 
of politicians, democrats, national and sectional, \vhig
, 
know-nothings, and republicans, Oregon is enthroned 
a sovereign state I 
\Vhile all this agitation was going on over the non- 
adlnission of Oregon, toward the close of March ne\ys 
canle that the house had passed the senate bill 
,vithout any of the an1endments ,vith ,vhich the 
friends of Kansas had encumbered it, few republicans 
voting for it, and the Inajority being but eleven.4-i 
Thus Oregon, which had ever been the bantling of the 
delllocratic party, was seemingly brought into the 
union by it, as according to fitness it should have been; 
although without the help of certain republicans, ,vho 
did not ,vish to punish the waiting state for the prin- 
ciples of a party, it would have remained out indefi- 
nitely.45 The admission took place on Saturday, Feb- 


the suspicion thus created, that the demands of Oregon were in other in- 
stances unnecessary and unjust. But Lane thought that Oregon's necessity 
was his opportunity, and that by promising the accomplishment of a doubt- 
ful matter he should secure at least his personal ends. Nor was he alone in 
this determination. Stephens of Georgia, a personal friend of Lane, who 
was chairman of the committee on territories, was generally believed to be 
withholding the report on the bill for the ad
ission of Oregon, ill obedience 
to instructions from Lane. Smith and Grover also appeared to be won over, 
and w<.:re found defending the course of the delegate. These dissensions in 
the party were premonitory of the disruption which was to follow. 
44 Congo Globe, 1858-9, pt i. lOll, 33th congo 2d sess.; [d., pt ii. ap. 330; 
S. F. Bulletin, 1Iarch 10, 1859; Dead!/s Laws Or., 101-4; Poore's Charters 
and Constitutions of u. S., pt ii., 148.3--91, 1507-8; Or. Laws, 1860, 28-30; 
U. S. Pub. Law.
, 333-4, 33th congo 2J sess. 
45 Schuyler Colfax, in a letter to 'V. C. Johnson of Oregon City, made this 
explanation: 'The president in his message demanded that the offensive re- 
striction against Kansas should be maintained, prohibiting her admission till 
she had 93,000 inhabitants, because she rejected a slave constitution, while 
Oregon, with her Lecompton delegation, should be admitted forthwith. And 
the chief of your delegation, Gen. Lane, was one of the men who had use,l 
all his personal influence in favor of that political iniquity, the Lecompton 
constitution, and its equally worthy successor, the English bill. He, of course, 
refused now to say whether he would vote in the U. S. senate, if admitted 
there, to repeal the English prohibition which he ha(l so earnestly labored to 
impose on Kansas; and its political friends in the house refused also to assent 
to its repeal in any manner or form whatever. This, of course, impelled 
many republicans to insist that Oregon, with her Lecompton delegation, shouhl 
wait for admission till Kansas, with her republican delegation, was ready to 



ADMISSION TO THE UNION. 


441 


ruary 12, 1859; the bill ,vas approved by the pres- 
ident on 
Ionday, the 14th, on \vhich day Lane and 
Smith presented their credentials to the senate, and 
,vere s,vorn in. On drawing for their terms, La.ne 
,vith his usua.l good luck drew the terlll ending in 
1861, ,vhile Smith's ,vould expire the follo\ving month. 
On the 15th Grover took his seat in the house, to 
,vhich he \vould be entitled only until the 3d of March. 
The satisfaction ,vhich the friends of state govern- 
nlent expected to derive from admission to the union 
,vas much dulled by delay and the circurnstances at- 
tending it. Party leaders had taught the people to 
believe that \\"hen Oregon became a state the war 
debt ,vould be paid. 46 The same leaders no\v declared 
that after an they had gained little or nothing by it, 
and \vere forced to solace then1selves ,vith pleasant 
rnessages from the western states, frorn \v hich had 
gone forth the annual trains of men and Il1eanS by 
which Oregon had been erected into an independent 
c0111IDonwealth. 47 She had at all events come into the 
union respectably, and had no enemies either north or 
so u the 


come in with her. 'Yith a less obnoxious delegation from Oregon, the votes 
of many republicans would have been different. As it turned out, however, 
the very men for whose interests Gen. Lane had labored so earlJestly-I mean 
the ultra-southern leaùers-refused to vote for t.he admission bill, although 
they had the whole delegation elect of their own kidney. And it would have 
been defeated but for the votes of fifteen of us republicans who thought it 
better to disinthrall Oregon from presidential sovereignty, and from the sphere 
of Dred Scott decisions; and even in spite of your obnoxious delegation, to 
admit th'e new state into the union, rather than remand it to the condition 
of a slave-holding territory, as our supreme court declares all our territories 
to be. Hence, if there is any question raiseù about which party admitted 
Oregon, you can truthfully say that she would not have becn aùmitted but 
for republican aid and support; republicans, too, who voted for it not through 
the influence of Gen. Lane and Co., but in spite of the disfavor with which 
they regarùed them.' Or. Argus, :May 
8, 1839; See U. S. if. Rept, 123, vol. 
i., 33th congo 2d sess. 
'i6 See comments of Bo,çton Journal, in Or. Argus. Sept. 24, 1859. 
4 7 Kansas City, :Missouri. on the 4th of July, 1859, attached the new star 
r
presenting Oregon to its flag amidst a display of enthusiasm and self-aggran- 
dlZement. 



CHAPTER XVIII. 


POLITICS AND PATRIOTISM. 
1859-1861. 


, 
APPOINTMENT OF OFFICERS OF THE UNITED STATES COURT-ExTRA SES. 
SION OF THE LEGISLATURE-AcTS AND REPORTS-STATE SEAL-DELA- 
ZON SMITH-REPUBLICAN CONVENTIOK-N OMINATIONS AND ELECTIONS 
-RUPTURE IN THE DEMOCRATIC PARTy-SHEIL ELECTED TO CONGRESS 
-SCHEME OF A PACIFIC REPUBLIC-LEGISLATIVE SESSION OF 1860- 
NE8MITH AND BAKER ELECTED U. S. SENATORS-INFLUENCE OF SOUTH- 
ERN SECESSION-THAYER ELECTED TO CONGRESS-LANE'S DISLOYALTY 
-GOVERNOR \VHITEAKER-STARK, U. S. SENATOR-OREGON IN THE 
W AR-N EW OFFICIALS. 


THE act of congress extending the laws and judicial 
systen1 of the United States over Oregon, ,vhich 
passed l\Iarch 3, 1859/ provided for one United States 
judge, at. a sa1ary of t,venty-five hundred dollars per 
annun1, l\Iatthew P. Deady being chosen to fill this 
office. 2 Late in 1858 Willian1s had been appointed chief 
justice of the territory, \vith Boisé associate justice, and 
'Valter Forward 3 of l\Iarion county United States Inar- 
shal, McCracken having resigned. On the 20th of 
J\Iay the judges elect of the supreme and circuit courts 


1 u. S. Pub. Laws, 437, 35th congo 2d sess. 
2Grover says that Hendricks of Indiana, who was then commissioner of 
the general land office, and was afterward U. S. senator for 6 years, and a 
candidate for the vice-presidency, was among the applicants for the place, 
anù personally his preference, but that the Oregon peoþle were opposeù to 
imported officers, and hence he recommended Deady. Pub. Life in Ur., 
lS., 
57. It was said at the time that Lane made the recommendation to keep 
Deady out of his way in future elections. Howeyer that might be, the ap- 
pointment was satisfactory, and Judge Deady has done much to support the 
dignity of the state, and to promote the growth of moral and social institu- 
tions. 
3 He was a nephew of 'V alter Forward of Penn. and of Jeremiah Black 
U. S. atty-gen. Amer. Almanac, 1857-9; Or. Statesman, Dec. 21, 1838. 
( 442 ) 



ORGANIZATION OF THE COURTS. 


443 


n1et at Salenl to draw lots for their terms of office, 
Boisé and Stratton getting the six years and Wait 
the four years term, \v hich made hiu1, as holder of 
the shorter term, by the provisions of the constitu- 
tion, chief justice. The vacancy created by Deady's 
appointment was filled by P. P. Priln of Jackson 
county.' Andrew J. Thayer was appointed United 
States district attorney in place of W. H. Farrar, and 
For\vard continued in the office of marshal until Sep- 
tenlber, \vhen Dolph B. Hannah was appointed in his 
place. Joseph G. Wilson received the position of 
clerk of the supreme court,5 and J. K. Kelly was 
nlade attorney for the United States. 
The supreme judges not being able to determine 
\y hether their decisions would be valid under the act 
passed by the state legislature before the adrnission 
of Oregon, Governor Whiteaker convened the legisla- 
ture on the 16th of l\Iay, \v hich proceeded to con1plete 
the state organization and regulate its judiciary. 
An10ng the acts passed was one accepting certain 
propositions made by congress in the bil1 of admission. 
By this bill, in addition to the munificent do\vry of 
lands for school and university purposes, the state 
received ten entire sections of land to aid in complet- 
ing the public buildings, all the salt springs in the 
state, not exceeding t\velve in number, \vith six sec- 
tions of land adjoining each, \vith five per cent of the 
net proceeds of the sales of all public lands lying 
\\Tithin the state to be applied to internal ilnprove- 
nlents; in return for \v hich the state agreed that non- 
residents should not be taxed higher than residents, 
and the property of the United States not at all; nor 
should the state in any \vay interfere \vith the prin1ary 
disposal of the soil by the United States, or \yith any 
regulations which congres8 might find necessary for 


'Prim's Judicial Affairs, MS., 11; Ashlnnil Tid.ing,q, June 7, 1878. The 
district court held its sessions in the methodist church in Jacksonville. Or. 
Ar!Jw
, Nov. 22, 1856; Ovedand il1onthly, xiv. 377-81. 
Õ Or, Reports, ti. 8-9. Deady made him special U. S. attorney in the 
spring of 18üO. 



444 


POLITICS AND P ATRIOTIS
I. 


securing title in the soil to bona fide purchasers. 6 A 
fe-\v acts, general and special, \vere passed,1 anlong 
others, one proyiding for the seal of the state of Ore- 
gon,8 and one for a special election to be held on the 
27th of June for the choice of a representative to 
congress, after ,vhich the legislature adjourned. 
One thing they had failed to do, its omission being 
significant-they had not elected Delazon Sn1Îth to 
return to the United States senate. Rather than do 
that, they preferred to leave his place vacant, ,vhich 
they did, Sll1ith having shO"\vn himself "vhile in 'V ash.. 
ington not only an adherent of Lane, dethroned, but a 
man altogether of whom even his party was ashanleù. 9 
Of their representative Grover, there was nluch to 
be said in his praise. His speeches were inlpressive, 
full of condensed facts, and he conducted hilIlself in 
such a way generally as to command respect. It \vas 
said that there ,vas l110re culture and ability in the one 
representative than in the two senators. But it ,vas 
not upon fitness, but party requirements, that he had 
been elected; and before he had returned to offer him- 
self for reëlection, new issues had arisen, and another 
man had been nominated in his place. Thus both of 
the men, prime favorites of the democratic party in 
Oregon, returned to the new state after less than one 
Illonth of congressional honors, to find that their gains 
1 · 10 
were on y pecunIary. 
6Gcn. Laws Or., 1859, 29-30. 
'l An act providing for the election of presidential electors, and to pre- 
scribe their duties. An act providing for the registration of the property of 
married women, according to the constitution. An act providing for the 
leasing of the penitentiary. An act raising the state tax to two mills on a 
dollar, etc. 
8 'The description of the seal of the state of Oregon shall be an escutcheon 
supported by thirty-three stars divided by an ordinary, with the inscription 
"The Union.'" In chief-mountains, an elk with branching antlers, a 
wagon, the Pacific ocean, on which is a British man-of-war departing and an 
American steamer arriving, The second quartering with a sheaf, plough amI 
pick-axe. Crest, the American eagle. Legend, State of Oregon. Deady's 
Laws 01"., 49G-7. 
9 They used to call him Delusion Smith. 
lIThe men put in nomination at the democratic convention in April were 
'V. 'V. Chapman, George L. Curry, George H. 'Villiams, L. F. Grover, and 
Lansing Stout. The contest was between Stout and Grover, and Stout 
received 7 more votes in convention than Grover. Lansing Stout, lawyer, 



REPUBLICAN PLATFORM. 


44 


On the 21st of April the republicans met in con- 
vention and brought out their platfornl; which ,vas, in 
brief, devotion to the union, and the right of inde- 
pendent action in the states, subject only to the con- 
stitntion of the United States; declaring the ,visdon1 
of the constitution in relation to slavery, yet opposed 
to its extension; recognizing the fact that the consti- 
tution vested the sovereignty of the territories in 
congress, yet not forgetting that congress lnight dele- 
gate the exercise of that sovereignty partly or wholly 
to the people of the territories, and favoring such 
delegation so far as consistent with free labor and 
good government. It declared the intervention of 
congress for the protection of slavery in the territo- 
ries, demanded by leading democrats, a gross infrac- 
tion of popular and national rights, \v hich should be 
resisted by free men. It \vas opposed to placing large 
sums of money in the hands of the executive with 
authority to purchase territory as he chose \vithout 
the consideration of congress; and \vhile \velcon1Íng 
those of the \vhite race who caIne to the United 
States to enjoy the blessings of free institutions, held 
that the safety of those institutions depended upon 
the enforcement of the naturalization la\ys of the 
country. These \vere the real points at issue. But 
in order to add strength to the platform, it was 
resol ved by the convention that the interests of Ore- 
gon, as ,yell as the whole union, deluanded the passage 
of the hOlnestead bill,ll and the speedy construction 
of the Pacific railroad. Internal ilIlprovements of a 
national character, a tariff sufficient to meet the cur- 
rent expenses of the government \vhich should dis- 
criminate in favor of hOllle industry, a free gift of a 


was a native of N. Y., carne to Ca!. in 1852, anù was elected to the legislature 
in 1855. He afterward removed to Portland and was elected county judge. 
He had ability, particularly in the direction of politics, He died in 1871 at 
the age of 43 years. JValla JValla, Statesman, .March 11, 1871; Olympia JVash. 
Standard, 
1:arch 11, 1871. 
11 This ha.d been before congress at the last session, Lane voting against 
it. This fact was uSf'd by the republicans agalllst him; anù it is difficult to 
understand his motive, unless it was simply to oppose northern senators. 



446 


POLITICS AND PATRIOTISM. 


hOOle to hin1 who ,vould cultivate and defend it, ,vere 
announced as the measures ,vhich the republican party 
pledged itself to support. Lastly, congress ,vas ear- 
nestly invoked to pay the ,val' debt of Oregon, not 
bolding responsible the people for any errors or nlÏs- 
conduct of officers or individuals, \vhether truly or 
falsely alleged. 
On proceeding to baIlot for congressmen, the names 
of David I
ogan, B. J. Pengra, and \V. L. AdalIls 
were presented, Logan receiving a Il1ajority of thir- 
teen over Pengra. Delegates ,vere chosen to attend 
the national republican convention of 1860, who ,vere 
instructed to vote for W. H. Seward for presidential 
candidate; but in case this ,vere not expedient, to use 
their discretion in selècting another. 12 
The republican party of Oregon ,vas now fairly 
launched .on the unknown sea of coming events. 
Logan was adn1itted hy his opponents to be the 
strongest man of his party, one possessed of positive 
qualities, and an eloquent and satirical orator. He 
had, however, certain moral defects which dimmed 
the lustre of his mental gifts, and al\vays stood in 
the \vay of his highest success. Ho\v near he caIne 
to a victory, which \vould have been unprecedented, 
Stout's majority of only sixteen votes pointedly illus- 
tra tes. 13 
Anything so near a republican triumph had not 
been anticipated, and both parties were equally aston- 
ished.14. 


12 The delegates were W. Warren, Leander Holmes, and A. G. Hovey. 
13 Stout's election was questioned on account of some irregularity, but 
Logan failed to unseat him. 
14. The county of :Marion, hitherto solidly democratic, gave Logan nearly 

OO majority. Linn, the home of Delazon Smith, gave Stout but 100 ma- 
jority; Polk, the home of Nesmith, gave 30 majority for Stout; Lane gave a 
majority of 20 for Logan. 
Iultnomah, Clatsop, Washington, Yamhill, and 
Tillamook, all went for Logan. The southern counties generally went for Stout, 
and saved the democratic party in the \Villamette Valley from defeat; for al- 
though they contained somc of the strongest opponents of the democracy, the 
majority were intensely devoted to Lane, and they had not bad the light on his 
recent course in congress whi
h had been given by the Statesman to the north- 
ern counties. 



LANE FOR PRESIDENT. 


447 


And now Joseph Lane aspired to the presidency of 
the United States. Pending the meeting of a demo- 
cratic convention in November, which was to elect 
delegates to the national convention at Charleston, 
Grover and Curry made speeches throughout the 
state, the object of which was to obtain the nomina- 
tion to the vacant senatorship; but dissensions in the 
party had gone too far to afford a hope of either 
being chosen by the next legislature. The mutual 
abuse heaped upon each other by the partieans of 
the t,vo factions only contributed to widen the breach 
and complete the disruption of the party. The tyran- 
nical and proscriptive course of the old Lane-Bush 
democracy 'w'as now practised by the Lane-Stout de- 
mocracy. In 1858 the Statesrnan had upheld the 
nleasure of making Lane's l11ajority the basis of ap- 
portionlnent in the several counties. In 1859 the 
central committee, following this example, declared 
that Stout's majority should be the basis of appor- 
tionment for delegates to the November convention. 
A general protest follo\ved, the counties sending as 
nlany delegates as they thought fit. Only four were 
admitted from Marion, which sent ten, and eight 
counties withdrew,t5 resolving not to elect delegates 
to the Charleston convention, but simply to pledge 
themselves to support the national nominee. 
Upon the withdrawal of this body of delegates, the 
delegates of the eleven ren]aining counties made kno,vn 
their instructions concerning the presidental candidate, 
,vhen it was found that Josephine county had named 
Stephen A. Douglas, and Yan1hill Daniel S. Dickin- 
son. Other counties refused to nOlninate Lane. In 
this embarrassing position those who had so deter- 
mined, guided by L. F. Mosher, Lane's son-in-Ia\v, 
cut the gordian knot by moving to appoint a conl- 
nlittee to report delegates to the national convention 
with instructions, which ,vas done. The report of 
the committee nan1ed Joseph Lane, Lansing Stout, 
I:>> Marion, Polk, Wasco, Clatsop, Washington, Umpqua, Coos, and Curry. 



448 


POLITICS ANn PATRIOTISM. 


and 
fatthe'v P. Deady delegates, \vith John K. Lam 
erick, John F. J\filler, and John Adair as alternates; 
,vith instructions to use a.ll their influence to procure 
the nomination in the Charleston convention of J 0- 
seph Lane for the presidency. Blinded by partisan 
zeal and the dangerous flattery of southern 111en and 
,vornen, Lane had staked all on this desperate hazard; 
,,,,,hile the un\vise action of his frionds in allo,ving eight 
counties to be driven out of the Eugene convention 
apparently deprived him of any reasonable expecta- 
tion of carrying his o\vn state should he receive SUCll 
nornination. 1G 
Under the state constitution the legislature and 
state officers were to be elected biennially on the first 

fonday in June. The first election having been 
held in 1858, there could be no other before June 
1860; therefore, after the deU10cratic convention of 
November, the people might have enjoyed exen1ption 
fron1 the noise of politics had it not been that a cloud 
of party journals had fallen upon the land. 17 The only 


J6Sacramento Union, in Or. Statesman, Jan. 17, 1860. 
17 Concerning the newspapers which sprung into existence about the time 
of the admission of Oregon, I have gathered the following chiefly from the 
Statesman, Art/us, and Oregonian. l\lanyof them had a brief existence, or 
so frequently changed their titles that it is difficult to follow them. Early 
in 1838 the Democratic Standard, which was established by Alonzo Leland 
in 1854, changed hands, and was edited by James O'Meara, as we have seen. 
It suspended in January 1859, but resumed publication in February. Not 
long after, the press was removed to Eugene City, where a paper called the 
Democratic IJerald was started by Alex. Blakely, to be devoted to the inter- 
ests of thp. Lane democracy. It survived but one year. Previously to 
this removal to Eugene, there had been a neutral paper published at that 
l)lace called the Pacific Journal. This paper was purchaseù in 1838 by 
B. J. Pengra, and published as a republican journal under the name of 
'l'lte People's Press. A semi-weekly, called the Franklin Advertiser, was 
for a short time published in Portland by S. J. McCormick. Subsequently, 
in 18.39, Leland of the Standm"d stated a paper at Portland, called the 
Daiìg Advertiser, 'got up as the Standard was, to crush out the Salem 
clique.' It was pro-slavery anrl anti-Bush. After running a few months 
it passed into the hands of S. J. McCormick as publisher, Leland withdraw- 
ing from the editorial chair. Geo. L. Curry became connected with it, 
when it was enlarged and published weekly as well as dany, :McCormick in- 
troducing a steam press into his printing establishment. Previous to starting 
the Advertiser Leland had established the Daily New..;, the first daily paper 
in Oregon, in connection with S. A. English & Co., publishers. Hardly had 
it begun Lefore it passed into the eùitorial charge of E. D. Shattuck, and a 
little later into the hands of 'V. D. Carter. The News then published a 
weekly, independent in politics, which had a brief existence. In Decemb
r 



NOMINATING CONVENTIONS. 


449 


good thing that could be said of them ,vas that they 
provoked free criticisnl of themselves, and were thus 
instrulllental in en1ancipating the thought of the 
people. 
A democratic convention for the nomination of a 
representative ,vas called, to meet at Eugene in April, 
the call being declined by Marion, Clatsop, Curry, 
Washington, Polk, and Tillamook. George K. Sheil 
,vas nOlninatecl/ 8 and the convention adjourned \vith- 
out choosing candidates for presidential electors, 'v hich 
,vas a part of the business. T\vo days later the re- 
publicans held a convention, at which delegates from 
seventeen counties ,vere present. At this meeting 


1860 the Portland Daily Times issued one or two numbers, and suspended. 
It was revi,.ed in 18(31, and supported the government. In the latter part 
of 1860 Henry L. Pittock, the present publisher of the Oregonian, purchased 
that l)aper, and started a daily, which appeared for the first time Feb. 4, 1861. 
In 18.:>!) a journal called the Rosebwog Express was published in Rosebùrg, on 
the press of the Chronicle of Yreka, L. E. V. Coon & Co. publishers, which 
ran for a year and failed. Corvallis had had, after the removal of the States- 
man, the Uccidental .11Iesse71fler and Democratic Cri...;is, both of which were 
deall in 1859. T. H. B. Odeneal was publisher of the latter. In place of 
this a secession paper called The Union was being issued in 1860 by J. H. 
Slater. In 18
9 'V. G. T'Vault withdrew from the Jacksonville Sentinel, 
selling to 'V. B. Treanor & Co., who employed the ubiquitous O'Meara as ed- 
itor until 1861, when he was succeeded by Dellinger and Hand. About the 
beginning of 1839 The Dalles Journal was established by A. J. Price, after- 
ward controlled by Thomas Jordan, an army officer, whose interference with 
state po
itics was not regarded with favor. It passed into the hands of 'V. 
H. Kewell in 1861, who started The .llIountaineer. About the close of 1859, 
Delazon Smith caused the Oregon Denwc'rat to be established at Albany for 
his own purposes. It was published by Shepard, made war on the Salem 
clique, and sustained Lane. Early in 1861 it was taken in charge by P. J. 

lalolle, an able \\riter, and ill 1863 became the State Rights Democrat, with 
O'Meara for editor. The Pacific Christian Advocate was removed from Salem 
to Portland about this time, its editor, Thomas II. Pearne taking great inter- 
est ill politics. In fact, 110 paper could gain a footing without politics; and 
with the exception of the Ore[}onian, Argus, and Prople'ð Press, every paper 
in the state was democratic. At Itoseburg the Uregon State Journal was 
started ill June 1861 OIl the materials of the Ro.
ebur!J Express, which had 
not been long in existence. In August 1861 O'.J\Icara and Pomeroy began 
the publication of the Southern OJoegon Gazette, a secession journal, which 
li,"ed but a brief period. As an eviùence of the increased facilities for print- 
ing, it might be here mentioned that T. J, :McCormick, who was the pub- 
lisher of the first literary magazine in Oregon, styled the Oregon lIIonthlll 
ltIaguzi71e, in 1832, and the Ol'egon Almanac, in the spring of 18;;9, published 
in good style a no,Tel of 350 pages by.J\Irs Abigail Scott DUlliway, called 
CaJJtain Gray's Company. The Statesman was first published OIl a power 
press, .J\Jay 17, 1839. After this printing improved rapidly, and newspapers 
multiplied. The first daily Statesman was published July 20, 1864. 
18 The other candidates before the convention were J. K. Kelly, S. F. 
Chadwick, John Adair, and J. H. Reed. Or. Statesman, Apri124, 1860. 
BlaT. OB., VOL. II. 29 



450 


POLITICS AND P ATl{IOTISl\I. 


spoke E. D. Baker,19 a prominent politician, \vho came 
from California, \vhere his star was not propitious, to 
Oregon, where he hoped to have a finger in the lle\V 
politics. He Inade Inany speeches during the sunnner 
calnpaign, Logan being again the republican candi- 
date for congress, the Se\vard plank in their platform, 
ho\vever, being abandoned. N esnlith took the field 
against Sheil, ,vhile Kelly, \vho had returned to his 
party, Snlith, and Sheil hirnself, advocated the prin- 
ciples of the southern democracy. Whatever the 
cause, there was a slight reaction froln the congres- 
sional canlpaign of 1859, and Sheil received a nlajor- 
ity over Logan of 104 votes, \vhiIe the legislature 
,vas more solidly democratic than at the last election. 20 
The election was not long past \v hen the final ne\vs 
was received of the proceedings of the Charleston and 
Baltinlore conventions, the secession of the extreme 
southern states, and the non1ination by thenl of Lane 
to tho ,,
ice- presidency, causing a strong revulsion of 
feeling among all of the democratic party not strongly 
pro-slavery in principle. 
Oregon was still less prepared to receive a scheme 
of governlnent said to be entertained by the senators 
of the Pacific coast, \vhich ,vas to establish a slave- 
holding republic, on the plan of an aristocracy similar 
to the ancient r
public of Venice, ,vhich, ,vhile pro- 
viding for an elective executive, vested all po\ver in 
hereditary nobles,21 repudiating universal suffrage. 


19 Born in London in 1811; came to America in 1816; learned cabinet- 
making, and in 1828 went to Carrollton, Ill., where he began the study of 
law. In 1832 he was major in the Black Hawk war. For ten years he was 
a member ûf the Ill. legislature, 
nd in 1845 of the U. S. house of represent- 
atives. During that year he raised a regiment for the .1\Iexican war and 
joined Taylor at the Rio Grande. In Dec, 1846 he returned, made a speech 
on the war in congress, after which he resigned and went back to Mexico, 
where he participated in the capture of San Juan de Ulúa and the battle of 
Cerro Gordo; taking the command in that battle after the wounding of Gen. 
Shields. The state of Illinois presented him with a sword. In 1849 he was 
again elected to congress; and in 1831 be unùertook some work on the Pan- 
amá railway, but was driven by the fever to Cal. in 1852, where he practised 
law and made political speeches. Or. A1'gUS, Jan. 4, 1862. 
2ùThere was an iucrease in the poll of 1,823 since June, 1859. Or. States- 
man, June 26, 1860. 
21 It wa.s the common belief that Gwin of California was at the bottom of 



PROJECTS OF LANE AND GWIN. 


451 


Labor was to be performed bJT a class of persons from 
any of the dark races, invited to California, and sub- 
sequently reduced to slavery. Such was the bold and 
unscrupulous schen1e to which Lane had lent himself, 
the discovery of which caused n1Ïngled indignation 
and alarnl. The alarm was not lest the plan should 
succeed, but lest an internecine \var should be forced 
upon them to prevent its success. But this was not 
all. The "'"ar debt still remained unpaid. The next 
congress \vould be largely republican. Oregon \vas 
dernocratic, and \vith such a record-of having voted 
in the Charleston convention for secession-ho\v \vas 
the payment of that debt to be secured? It was thus 
the people reasoned, while those \vhose places depended 
upon the ,vill of the administration, now openly in 
syn1pathy with the seceders, ,vere deeply troubled 
"That course to pursue in the approaching .crisis. In 
the nlean time, the republican national convention at 
Chicago had non1Ïnated to the presidency Abrahaln 
Lincoln, and the keenest interest was felt throughout 
the union in an election \vhich ,vas to decide the fate 
of the nation. For it ,vas ,veIl understood that if the 
republicans carried the country against Douglas, as 
the Breckenridge and Lane nomination seerned to 
prolnise, and as it was believed to be intended, the 
south would make that a pretext for disunion. 
As soon as the full results of the Charleston, Bal- 
tinlore, and Washington conventions became kno\vn, 
a meeting of the state delnocratic central comn1ittee 
was held at Eugene City, which, having a majority 
of Lane democrats, proceeded to indorse the Breck- 
enridge and Lane nominations. This action alarmed 


this scheme. Should the southern states succeed in withdrawing from the 
union and setting up a southern confederacy, and could a line of slave terri- 
tory be kept open from Texas to the Pacific, the Pacific coast would combine 
with the south. But in view of the probable wars in which the aggressive 
policy of the southern states was likely to involve their allies, Gwin was in 
fa\'or of a separate empire or republic. The plan pointed out the means of 
procuring slaves, which was to invite the immigration of coolies, South Sea, 
Islanders, and negroes, who were to be reduced to slavery on their arrival. 
I
 was the discovery of this conspiracy which gave the California senator the 
tItle of Duke Gwin. S. F. Ti'lllØJ. in Or. Statesman, Dec. 10 J 1860. 



452 


POLITICS AND PATRIOTIS:\I. 


the opposite faction, ,vhich called a convention to pro- 
test against the indorseluent, and to nOlninate presi- 
dential electors, to be held in September. The 
convention ,vas fully attended, indorsed the Douglas 
platforn1, declared the Oregon den10cracy loyal to the 
union of the states, denouncing secession. Anything 
so earnest and unsectional had not been enunciated 
by the Oregon democracy in all its previous history. 
Comparing their ne'" platforIl1 ,vith that of the repub- 
licans, there was no e
sential difference. 22 
On the 10th of September the legislature n1et at 
Saleln, and the preponderance of Lane men an10ng 
the deillocrats caused a fusion bet\veen the Douglas 
deillocrats and th
 republicans, \vhich gave the fusion- 
ists a majority in the house of twenty-one to fifteen. 23 
An attenlpt to organize in the senate ,vas defeated Ly 
the difficulty of electing a president, the Douglas men 
having nominated Tichenor, and the Lane lllen Elkins, 
another Douglas den10crat; and the vote standing 
seven to seven ,vithout change for the first day. On 
the morning of the second day it ,vas discovered that 

ix senators, Berry, Bro\vn, Florence, Fitzhugh, 1\lon- 
roe, and 1\IcIteeney, had left Salem, and were keep- 
ing in concealnlent, \vith the intent to defeat the 
election of United States senators, \vhich in the then 
ilnpending crisis was of unusual ill1portance. The 


22 See republican state platform, in Or. Argus, Aug. 25, 1860. 
23 Senators: Clackamas and vVasco, J. K. Kelly; l\lnltnomah, .J. A. '\Vill- 
iams; 'Vashington, Columbia, Clatsop, anù Tillamook, Thos R. Cornelius; 
Yamhill, J. R. 
IcBriùe; Polk, \Villiam Taylor; 11arion, J. 'V. Grim, E. F. 
Colby; Linn, Luther Elkins, H. L. Brown; Lane, A. B, Florence, James 
!lonroe; Benton, J. S. 11 cIteeney; Douglas, Solomon Fitzhugh; Umpqua, 
Coos, and Curry, 'Villiam Tichenor; Josephine, D. S. Holton ; Jackson, k. 
:M. Berry. Representatives: 'Vasco, Robert Nfayes; Multnomah, A. C. 
Gibbs, B. Stark; Clatsop and Tillamook, C. J. Trenchard; Columbia and 
'Vashington, E. Conyers; vVashipgton, 'Vilson Bowlby; Clackamas, A. Hol- 
brook, 'V. A. Starkweather, WU1iam Eddy; Yamhill, S. M. Gilmore, 11. 
Crawford; 
1:arion, B. F. Harding, S. Parker, C. P. Crandall, R. Newell; 
Polk, Ira F. M. Butler, C. C. Cram; Linn, B. Curl, A. A. 1icCally, J. P. Tate, 
J. Q. A. 'Vorth; Lane, John Duval, Joseph Railey, R. ß. Cochrane; Benton, 
H. 11. 'Valk
r, R. C. Hill; Umpqua, J. W. P. Huntington; Coos and Curry, 
S. E. .Mortoll; Douglas, J. F. Gazley, R. E. Cowles; Josephine, George T. 
Vining; Jackson, J. B. \Vhite, G. 'V. Keeler, J. N. T. 11iller. Ur. Statesman, 
June 26, 18HO. In the whole body the Lane men numbered 16, anti-Lane 
men 24, republicans 10. 



A POLITICAL FIGHT. 


453 


Lane faction \vere deterruined, if not able to eleet 
their favorites, to prevent any election being held. 
The aspirants to the senatorship \vere Smith and 
La.ne, democrats, Judge Williams and J. W. Ne'3rnith, 
independents, and E. D. Baker, republican. Strong 
influences were brought to bear by the Lane demo- 
crats, who besieged the lobby and had their spies at 
every street corner. . 
On the 13th the senate organized \vithout a quorUll1, 
Elkins being chosen president. A n1otion was maùe 
to adjourn sine die, \vhich \vas defeated, and a resolu- 
tion offered authorizing the president to issue \var- 
rants for the arrest of the absconding n1en) bers, 
,,
hich \vas adopted. They continued, ho\vever, to 
elude the sergeant and his assailants for nine days, 
\vhen after an unsuccessful ballot for senators in joint 
convention, in \vhich the Douglas deillocrats voted 
f{)r Nesmith anù \Villian1s, and the republicans for 
Baker and Holbrook, the legislature adjourned sine 
die. Governor vVhiteaker then made an appeal through 
the public prints to all the n)elnbers of that body to 
reassemble and attend to their duty; \vhich they finally 
did on the 24th, but it \vas not until the 1st of Oc- 
tober that balloting for senators ,vas resulued, Deady, 
Curry, and Drew being added to the nOlninees. The 
contest \va
 decreed by the Lane tHen to be bet\veen 
Sn1ith and anyone of the Douglas delnocrats on one 
side, and any t\VO of the Douglas n1en on the other; 
but the delY10cratic party in the legislature revolted 
against Sluith, and rejected hin1 on any terms. vVith 
equal scorn the Lane delllocrats rejected N eSlnith, 
,vholn they hated, but intirnated that they \vould vote 
for hiLl1 if Slnith could be elected. The Douglas 111811 
offered if the Lane Hlen \vould give t\VO votes for 
N esn1Íth to elect Curry in place of SnlÌth, but they 
refused. On the eighteenth ballot the Douglas deuIo- 
crats reluctantly gave up the hope of electing t\VO Jelll- . 
ocratic senator8 \vithout accepting Sillith, and elected 



454 


POLITICS AND PATRIOTISM. 


N eSlnith and Baker, the former for the long and the 
latter for the short term. 
As soon as practicable after the reassembling of the 
legislature the house passed a bill. providing for the 
election of a representative in congress to supersede 
the unauthorized election of Sheil, but the measure 
,vas defeated in the senate, the Lane members voting 
soliJly against it. The delnocratic state central COID- 
n1Ïttee then called a meeting, with the intention of 
electing another representative in November, when 
the presidential election would occur, and nominated 
A. J. Thayer. 2i This action caused the senate to re- 
consider their opposition to a legal election bill; and 
an act was passed authorizing the governor to issue a 
,vrit of election to fill vacancies that might occur in 
the office of representative to congress. The la\v 
,vent into effect t\VO days after the meeting of the 
state central committee, and the brief interval be- 
t\veen the adjournillent of the legislature and the day 
fixed for the presidential election \vas devoted to can- 
vassing for a congressluan. Nesmith and Benjalnin 
Hayden, one of the democratic presidential electors, 
took part in it, the candidates being Thayer and Sheil. 
Before the 6th of N ovelnber arrived, the pony ex- 
press began to bring stirring lle\VS of great republican 
victories in the northern and western states. The 
successes of the ne\v party \vere almost too great to Le 
believed. Even in Oregon the contagion spread until 
all other interests ,vere s\vallo\ved therein. On the 
6th the vote ,vas cast. Sufficient returns \vere in by 
the 9th to make it certain that the state had gone 
republican. 25 Not only was there a republican plural- 


24 Born in N. Y., spent his boyhood on a farm, acquired a common Eng- 
1ish eùucation, and studied anù practiscd law, emigrating to Orcgon in 1
5:3. 
In 18.'5.3 he was appointcd territorial auditor in place of J. A. Bennet, who had 
dcclined. His'reputation as a lawyer and a man was excellent. In 1870 he 
was elected to the supreme bench, ana as a judge was fearless and impartial. 
His dcath occurreù in 1873. U7'. R('ports, 4, xi.-xv.; Albany Democrat, 
Iay 
2, ]873; Salem It[ercury, ßlay 
, 1873. 
2ð Lincoln's plurality was 270. The whole vote of the state was 14,7:)1. 
Lincoln, 5,344; Douglas, 4,13G; Breckenridge, 5,074. Bell, of the Bell and 

\-erctt party, had lU7 votes. 



LANE IN DISGRACE. 


455 


ity for president, but Sheil was defeated. 26 On the 
5th of Decenlber the republican presidential electors 
T. J. Dryer, \V. H. Watkins, and B. J. Pengra n1et 
at Salelll and cast the electoral vote for Lincoln, ap- 
pointing Dryer to carry the vote to Washington. 
Thus ended the political revolution of 1860 in Oregon. 


SJo\vly, reluctantly, regretfully caIne home the 
truth to the people of Oregon that Joseph Lane \vas 
a secessionist; that he had offered his services and 
those of his sons to fight in battle against his govern- 
lllunt, and against his late friends in Oregon. The 
ne\vs of the fall of Fort Sun1ter did not reach Ore- 
gon till the 30th of April, 1861. By the sanle 
steanler that brought the thrilling intelligence of 
actual \var caIne Lane back to his hOllIe in Oregon. 
\1vhat a. pitiful h(Hne-coming! Hatred and insult 
greeted hill1 from the Inoment he can1e in sight of 
the
e Pacific shores. At San Francisco it \vas so, 
and \vben he reached Portland, and a fe\v personal 
friends \",ished to give a salute in his honor, they 
\vere assured that such a denlonstration \vould not be 
pCl'lllitted in that to\vn. Even the o\vner of a cart 
refused to transport his luggage to the house of his 
son-in-Ia\v. It consisted of t\VO or three stout boxes in 
\yhich \vere being conveyed to southern Oregon arlns 
f()r the equipnlent of the arlny of the Pacific repub- 
lic 1 But this fact \vas not kno\vn to the cartlnan, 
or it luight have fared \vorse \vith the ex-senator.. 
Proceeding south after a fe\v days \vith these arms 
in a stout \vagon, but unsuspected, he \vas lllet at 
various parts of the route by dernonstrations of dis- 
respect. At Dal1as he was hanged in effigy. A 
fortunate accident arrested hiln in the perpetration 
of the contemplated folly and treachery,27 and con- 


26 The whole vote for congressman was a little over 4,000. Of these Lane 
received 5, Logan 8, Sheil 131, and Thayer the remainder. . 
'l.ï J e
se A pplegate testifies as follO\'rs: In crossing the Calapooya :Moun- 
tain with Oll.y his Irish teamster, by some mischance a pistol was discharged, 
wounding Lane ill. the arm. The Irishman, frightened lest it should be 



456 


POLITICS AXD PATRIOTISM:. 


signed him to a life of retirernent fron1 \V hich he 
never ernerged. 2 '3 
That a considerable class in Oregon \vere in favor 
of secession is undeniable. That there \vere SOUle 
\vho \,,"ould have fought for the extension of slavery 
had they been upon southern soil is undoubted. But 
there \vere fe\v \vho cared enough for \vhat they called 
the rights of the southern states to go to the seat of \var 
and fight for then1. 29 On the other hand, there \vere 
nlany \vho fought fo.r the union. 30 Party lines \vere 
thought that he had inflicted the wound with murderous intent, fled to the 
house of Applegate, at Y oncalla, and related what had occurred. Applegate 
at once went to Lane's relief, taking him to his house, where he remained for 
several weeks, During this visit Lane revealed to his friend the llature of 
his scheme concerning Oregon, and was dissuaded from the undertaking, 
28 For many years Lane lived alone with a single servant upon a moull- 
tain farm. In 1878, to gratify his children, he removed to Roseburg, where, 
Leing cordially welcomed by society, the old fire ,vas awakened, anll he 
nominated himself for the state senate in lR80 at the age of 79 years, Being 
rather rudely rejected and reproved, he wept like a child. His death occurred 
in l\1ay 1881. \Vhatever "errors he may have committed, whatever vanity he 
may have displayed concerning his own achievements, he was ever generous 
in his estimate of others, and the decline of his life was full of kindness and 
courtesy. 

9 John Lane, son of Joseph Lane, became a colonel in the confederate 
army, Captain Thomas Jordan, for a time U. S. quartermaster at The Dalles, 
resigned to take service in the south. He was said to ha\ye accepted a colo- 
nelcy in the Culpepper cavalry. 
Iajor Garnett, for several years stationed in 
Oregon and 'Vashington, also resigned, and was commissioned brigadier Ly 
Jefferson Davis. John Adair of Astoria, Oregon, son of the collector and post- 
master, who graduated from \Vest Point in 1861, was commissioned lieuten- 
ant of. dragoons and ordered to join his regiment at 'Valla \Valla, and after- 
ward to report at \Vashington, instead of which he deserted, an,l went to 
Victoria, V. I. He was dismissed the service. 07'. Statesman, Aug. 2;), 18ß2. 
The place left vacant by John Lane at \Vest Point was filled by Volney 
Smith, son of Delazon Smith, who failed in his examination. He was ap- 
l)ointed a lieutenant in a New York cavalry regiment, but did not long remain 
in the service. Adolphus B. Hannah, who had been U. S. marshal in Ore- 
gon, offered his services to the confederacy. J. B, Sykes, IIlIlian agent at the 
Siletz reservation, resigned and went east to serve in the rebel army. He was 
captured with a portion of .Jackson's command, and sent to Columbus, Ohio. 
John K. Lamerick, once brigadier-general of the Oregon militia, went to 
\Vashingtoll to dispose of his Indian war scrip, and joined the rebel army as 
a commissary. C. H. l\Iott, who in 18;)8 was sent to Oregon to examine into 
the Indian accounts, joined the rebel army and commanded the 19th i\Iissis- 
sippi at. Bull Run. He was killed in front of Hooker's division 
lay 5, 
18ü:!. 
SONotahle among whom was Captain Rufus Ingalls, who came to Fort 
Vancouver in 1849. He was promoted to the rank of lieutenant-colonel on 
McClellan's staff, and placed in charge of the quartermaster's department at 
Yorktown. Colonel Joseph Hooker, thcn living at Salem, offered his ser- 
vices, and was promoted to the rank of brigadier-general. The other officers 
who had served in Oregon anJ werc promoted to the rank of major or brigallÎer- 
general were Grant, Sheridan, Augur, Ord, Wright, Smith, Casey, Russell, 



THE 'V AR OF SECESSION. 


457 


blotted out as quickly in Oregon as in N e\v York, 
antI 
oon there \yas but one party that amounted to 
anything-the union party. By rea80n of lack of 
sYlllpathy \vith the people at this juncture, Governor 
Whiteaker \vas requested to resign. 
The first despatches transn1Ïtted across the conti- 
nent entirely by telegraph shocked the \vhole Pacific 
coast \vith the message that at the battle of Ball's 
Bluff, on the 21st of October, 1861, fell Oregon's 
republican senator, E. D. Baker. 31 The seat in the 
senate left vacant by Baker \vas filled by the appoint- 
lllent by Governor 'Vhiteaker of Benjau1in Stark, one 
of the original o\vners of the Portland lanJ clainl. 
Information \vas for\varded to Washington of the dis- 
loyal sentin
ents of the appoint.ee, and for t\VO 1l1onths 
the senate hesitated to adlnit hilll; but he \vas finally, 
in February 1862, perll1itted to take the oath of office 
by a yote of t\venty-six to nineteen; Senator N esnlÏth 
voting for his adn1ission. But the Blatter \vas not 
Reynolds, and Alvord, besides Baker and Stev
ns, who had received a mili- 
tary education, but were not in the army. Captain Hazen, who was formerly 
stationed at Fort Yamhill, was placed in command of a volunteer infantry 
regiment at Cleveland, Ohio, in the beginning of the war. Lieut{'nallt Lor- 
raine, who was stationed at Fort Umpqua, was assigned to a new regimcnt 
in the field, and was wounded at Bull Run. Captain 'V, L. Dall of the 
steamship Columbia was appointed a lieutenant commanding in the U. 
. 
navy. Roswell C. Lampson of Yamhill county, son of an immigrant of 1845, 
the first naval cadet from Oregon, and who graduated about this time, served 
in the war, and W.lS promoted to the command of a vessel for gallant conduct 
at Fort Fisher, At the close of the war he resigned, returned to Oregon, and 
became clerk of the U. S. courts. Portland Oregonian, April 5, 18ö.); Port- 
land Standard, April 27, 1877. James 'V. Lingenfelter, a native of Fonda, 
N. Y., but residing in Jacksonville, Oregon, was made captain of a volunteer 
company, and kille<1 near Fortress :Monroe, Oct. 8, 1861. John L, Boon, son 
of J. D, Boon, state treasurer, and a student at the 'Veslyan unh"ersity, Dela- 
ware, Ohio, served in an Ohio regiment, being in the battlcs of Shiloh and 
Corinth, in the di visil)ll under General Lew 'Vallace. The major of the ß8th 
Ohio was 
 former resident of Oregon. named Snooks, of the immigration 
of IS44. George 'Villiams, son of Elijah \\ïlli:uns of Salem, was appointed 
211 lieut of the 4th inf., and was in the second battle of Bull Run, Antietam, 
Frc(lericksbnrg, and Gettysburg, losing a foot in the last nalllf'(1. Ii'rank 
,y, Thompson of Linn county was colonel of the 3<1 Va. \"oluntecrs'in 186:J, 
and suùsequently promoted. Henry Butler of Oakland, Oregon, was a mem- 
Ler of the 8Gth Ill. volunteers; and Charles Harker of Oregon was a lieut 
in the union army. .Many more would have been in the service but for the 
apprehensions entertain cd of the designs of disunionists on the Pacific coast. 
31 \Yhen war was declared Baker raised a regimcnt in l)enn. His remains 
were deposited ill Lone :l\Iountain cemetery, 
an 
-'rancisco, and a monument 
erected to his memory. 



458 


POLITICS AKD PATRIOTISM. 


allo\ved to rest there. A cOlllmittee being appointed 
to exau1Ïne the evidence, Stark "Tas finally Îlnpeached, 
but ,vas not expelled, his term ,ending ,vith the 111eet- 
ing of the Oregon legislative assembly in Septelnber. 
A sin1ilar leniency ,vas exercised by congress 
to\vards Sheil, \vho contested the election of Thayer. 
The latter ,vas adll1itted to his seat, and occupied it 
duriug lllost of the special term of 1861, but upon the 
right to it being contested, Thaddeus Stevens ll1aiu- 
tained that since there \vas at the t.irne no authority 
for a congressional election in Oregon, the seat \vas 
really vacant. The contestants being thus placed upon 
an equality as to legal rights, a preponderance ,vas 
left of such right as might be in favor of the first rnan 
elected. The republicans in the house could have kept 
out Sheil by insisting upon the illegality of his elec- 
tion, had not congress taken every occasion to sho\v 
such magnanimity as could be ventured upon to,vard 
ll1en of di
union prediiections in the hope of conciliat- 
ing the south. 


\Vith a change of administration there was a change 
in the official list. William L. Adaills of the A 1'1gUS 
,vas appointed collector of customs at Astoria. \V. 
w. Parker 32 becanle his Jeputy. B. J. Pcngra sup- 
planted \V. 'V. Chapman as surveyor-general; T. J. 
Dryer \vas appointed cOlIln1Ïssioner to the Ha,vaiian 
Islands; Sillleon Francis, paymaster in the arluy, \vith 
the rank .of Inajor ;33 
V. T. l\Iatlock, receiver of the 
land office at Oregon City; and \V. K. Stark,veather, 


. . 
82 A nativß of Vt., educated at Norwich university. In 1847 he was 
appointed. mining engineer to the Lake Superior Copper l\Iining Company, 
but hearing that the mail stcamer California was about to sail for California 
and Oregon in 18-18, he took passage in her for the Pacific coast. By the 
time the steamer arrived, the gold fever was at its height, and he engaged 
in mining, at which he was successful, losing his earnings afterward by iire. 
He was one of the board of assistant alùerman in San Francisco in 1831. In 
Feb, 1852 he removed to Astoria, Oregon. 
83 .Francis came from Springfielù, Ill., to Oregon in 1839. After Lincoln's 
campaign he took charge of the Pm'tland OreYOJl1an while Dryer carried the 
electoral vote to 'Yashington. He afterward resided. at .Fort V 3.ueouvcr. 
His death occurred at Portlanll in Nov. 1872, to which place military bead- 
quarters bad be'
n removed. See Portland Oregonian, Nov. 2, 1872. . 



NESMITH AND STOUT. 


459 


registrar of the same; W. H. Rector received the 
appointluent of superinténdent of Indian affairs, and 
A. L. Lovejoy the office of pension agent. 
When N eSlnith first took his seat in the senate he 
had SOllle feeling in favor of the south, and spoke 
accordingly; but in due time. bis utterances becalne 
lnore moderate, and when he returned to Oregon in 
the autullln of 1861 he ,vas ,veIl received. Stout 
represented Oregon with fidelity, industry, and abil- 
ity. At his first session he introduced a bill to re- 
move the obstructions in the Missouri and Columbia 
Rivers, \vith a view to opening a line of travel across 
the continent. He 
rged the protection of in1mi- 
grants, and the restoration of the military departlllent 
of Oregon, ,vhich was depleted by the call for troops, 
and labored for the payment of the Indian ,var bonds, 
the issuance of which was delayed by Secretary Chase 
until the loans necessary for the civil war had been 
negotiated. 
After issue, they sold at about ninety cents on 
the dollar, when the bond amounted to five hundred 
dollars, ,vithout a n1arket for the smaller bonds. 
SOine of the scrip exchanged for these bonds had 
been purchased at thirty, forty, and even as low as 
thirteen cents on the dollar. 



CHAPTER XIX. 


WAR AND DEVELOPMENT. 


1838-1862. 


WAR DEPARTMENTS A"8D COl\Il\IANDEHS-MILlTARY ADMINISTRATION OF 
GE
ERAL HAR
EY- 'VALLE)J'S ROAD EXPEDITIO
S-TROUBLES WITH 
THE SHOSHONES-EMIGRATIO"8 ON THE NORTHER)J" AN'D S()UTHER
 
ROUTES-ExPEDITIO
S OF STEE
 A"8D S)lITH-CAMPAIGN AGAI
:-:;T TIlE 
SIlO:-;HONES-S
AKE RIVER 
IASSACRE-ACTIOY OF THE LEGISLATUHE- 
PROTECTIO:N OF THE SOUTHERN ROUTE-DISCOVERY OF TUB J OII
 DAY 
AND POWDER RIVER 
IINES-FLOODS AND COLD OF 18GI-2-PROGRESS 
OF EASTERN OREGON. 


IN the sun1nler of 1857 General Wool, ,vho ,vas so 
much at variance ,vith the civil authorities on the 
Pacific coast, ,vas ren10ved froln this departlnent, and 
the cOlnn1and given to General N eWll1an S. Cla.rke. 
The reader ,viII renlem ber that Colonel George \V right 
had been left by Wool in conlnland at Vancouver in 
the spring of 1856. Not long after, on account of 
the hostilities of those tribes 'v hieh had taken part in 
the Walla Walla treaties of 1855, vVright ,vas re- 
llloved to The Danes, and Colonel 
rhOlnas l\Iorris 
took command at Vancouver. In the ll18an time t,vo 
new posts 'v ere established north of the Colulllbia, 
one iIi the Yakirna country, and another in the vVaHa 
Walla Valley; and for a period of t,vo years vVright, 
ell1barrassed by the policy of the conlnlanding gener-. 
als, outnulnbered and out,vitted by the Indians, \Va8 
engaged in a futile endeavor to subdue \vithout fight- 
ing them. The Indians being enlboldened by the ap- 
parent \veakness of the arulY, in the spring uf 1858 
the troops under Colonel Steptoe, \v hile lllarching to 
( 460 ) 



MILITARY DEPART11ENT. 


461 


Colville, ,vere attacked by a large force of Spokanes 
and Cæur d'Alênes, and sustained a heavy loss. 
A \vakened by this deulonstration of the hostile pur- 
poses of the confederate tribes, Clarke prepared to in- 
flict condign punishnlent, and in Septenlber of that 
year \V right Inarched a large force through their 
country, slaying and destroying as he went. This 
chastisetuellt brought the treaty tribes into a state of 
hun1Ïlity. In the lllean time E. R. Geary had been 
appointed superintendent of Indian affairs in Oregon 
and 'Vashington, and in the spring of 1859, congress 
having ratified the treaties of 1855, he nlade arrange- 
meuts \vith thern for their permanent settlen1ent on 
their reservations, four in nun1ber, nalnely: Simcoe, 
WarID Spring, U matilla, and Lapwai; but unfortu- 
nately for the credit of the government ,vith the lnd- 
ian
, no appropriation ,vas made by congress for carry- 
ing out its engagernents until the follo\ving year; nor 
,vas any encourageluent given to\vard treating \vith 
other tribes in the eastern portion of the state. 
By an order of the secretary of \var of September 
13, 1858, the departlnent of the .Pacific \vas sub- 
divided into the departments of California and Ore- 
gon, the latter under the con1n1and of General \V. 
S. Harney, \vith headquarters at Vancouver. This 
change \vas hailed \vith delight by the Oregonians, 
not only because it gave theln a Iuilitary departlnent 
of their o\vn, out because Harney's reputation as an 
Indian-fighter \vas great, and they hoped through hill1 
to put a speedy tern1ination to the wars \vhich had 
continuously existed for a period of five years, inlped- 
iug lanel surveys and Inining, and preventing the set- 
tleulent of the country east of the rllountains. Har- 
neyarrived at Vancouver on the 29th of October, and 
t\VO days later he issued an order opening the 'Valla 
WalIa Valley, closed against settlelnen t ever since 
1855, to the occupation of \vhite inhabitants. 
By this order Harney's popularity \vas assured. 
A joint resolution ,vas adopted by the legislature con- 



4C2 


WAR AND DEVELOP
lENT. 


gratulating the people, and asking the general to ex- 
tend his protection to the in1n1igration, and establish 
a garrison at or near Fort Boisé. 1 A considerable 
n1ilitary force having been nlassed in the Oregon 
department for the conquest of the rebellious tribes,2 
Harney had, ,vhen he took cOlnmand, found en1ploy- 
ment for them in explorations of the country. The 
n1ilitary departn1ent in 1858 built a steamboat to run 
between The DaIIes and Fort Walla 'Valla,s and about 
two thousand settlers took claillls in the \ValIa \Valla 
and lTmatilla valleys during this summer. The hos- 
tilities ,vhich had heretofore prevented this progress 
being no\v at an end, there relnained only the Snake,4 
IClan1ath, and l\Iodoc tribes to be either conquered or 
conciliated. Little discipline had been administered 
in this quarter, except by the three expeditions pre- 
viously Inentioned of Wright, \Valker, and lIal1eI'. 
Harney, though more in sympathy ,vith the peo- 
ple than his predecessors, ,vas yet like then1 inclined 
to discredit the po\ver or the ,viII of the \vild tribes 


10larke and Wright's Oampaign, 85; Or. Laws, 1858-9, app. iii.; .Or. 
Statesman, Feb. 8, 18,)9. . 
2 Besides the companies stationed to guard the Indian reservations in Ore- 
gon ill 1837, there were 3 companies of the 9th info at The Dalles, one of 
the 4th info at Vancouver, one of the 3d art. at the Cascades, 3 of the Dth 
info at Fort Simcoe in the Yakima country. and at Fort 'Valla 'Valla 2 com- 
panies of inf., one of dragoons, and one of art. U. 8. 11. Ex. Doc. 2, vol. ii. 
pt ii. 78, 33th congo 1st sess. In the autumn of 1838 three companics of 
art. from S. F., one from Fort Umpqua, now attached to the departmcnt of 
Cal., and an info co. from Fort Jones were sent into the Indian country east 
of the Caseaùe :l\1ountains. lap's Army Life, 16-18; Sac. Union, Aug. 23, 
1838. 
3 This steamer was owned by R. R. Thompson and L. Coe, and was named 
the Oolonel JVright. Harney mentions in a letter to the adjutant-general 
dated April 2.3, 1859, that a steamboat line had been established between 
The Dalles and 'Valla 'Valla, and that in June when the water of the Col- 
umbia and Snake rivers should be high, the steamer should run to the mouth 
òf the Tucannon, on the latter river. U. S. 
Ie8s. and Docs., 1839-60, OJ, 
36th eong. 1st sess.; S. F. Bulletin, April 28, 
Iay 13 and 30, and Sept. 13, 
1839. It is worthy of remark that the first steamer to ascend the Missouri 
to Fort Benton madc her initial trip this year. This was the Ohippewa. Id., 
Sept. 17, 1839; Or. ArgltS, Sept. 3, IS39. 
4 I use the term Snake in its popular sense and for convenience. The se\1- 
eral bands of this tribe, the Bal1nacks, anù the wandering Pah Utes were all 
classed as Snakes by the people who reported their acts, and as it is impossi- 
ble for Ine to separate them, the reader will understand that by Snakes is 
meant in general the predatory bands from the region of the Snake and 
Owyhee rivers. 



WALLEN'S EXPLORATIONS. 


463 


to inflict serious injury. Yet not to neglect his duty 
in keeping up an appearance of protecting miners, irn- 
nligrants, and others, and at the same time to carry 
for\yard S0111e plans of exploration \vhich I have al- 
ready hinted at,5 to\vard the end of April he ordered 
into the field t\VO companies of dragoons and infantry 
mounted, under Captain D. H. 'Vallen, to make a 
reconnoissance of a road from The Dalles to Salt 
Lake City, connecting \vith the old immigrant route 
through the South Pass, and to ascertain whether 
such a road could not be constructed up the John Day 
Ri ver, thence over to the head ,vaters of the l\falheur, 
and do\vn that stream to Snake River. 6 Wallen pro- 
ceeded as direeted and along the south side of Snake 
River to the crossing of the Oregon and California 
roads at Raft River, meeting on his march \vith none 
of the predatory bands; ,vhich, eluding him, took advan- 
tage of being in his rear to n1ake a descent upon the 
Warrn Spring reservation and drive off the stock be- 


5 Harney was much interested in laying out military roads, and in his re- 
ports to the general-in-chief called the attention of the war department to the 
necessity for such roads in this portion of the United Sta.tes territory. Among 
other roads proposed was one through the south pass to the head of Salmon 
Rh
er, down that stream to the Snake River, and thence to Fort 'Valla \Valla, 
which was never opened owing to the roughness of the country. F. 'V. 
Lander made an improvement in the road from the south pass to the parting 
of the Oregon and California routes which enabled most of the immigration 
to arrive at the Columbia several weeks earlier than usual. The new route 
was called the Fort Kearney, South Pa,ss, and Honey Lake wagon roaJ, and 
appears to have been partially opened in 1838, or across the 'Vachita moun- 
tains. Appended to Lander's report is a long list of names of persons eu 
route for California and Oregon who passed over it in 1838 and 1850. A party 
left Fairbault, :Minnesota, in July 18.38, and travelled by the Saskatchewan 
route, wintering in the mountains with the snow in many places twenty feet 
deep. They experienced great hardships, but arrived at The Dalles 
lay I, 
1839, in good health, Their names were J. L. Houck, J. W. Jones, J. E. 
Smith, E. Hind, William Amesbury, J. Emehiser, J. Schaeffer, J. Palmer, J. 
R. Sandford. Olympia Herald, 
Iay 27, 1839. 
6\Vallen crossed the Des Chutes at the mouth of \Varm Spring River, 
proceeded thence to the head of Crooked River, 160 miles, finding a good natural 
road with grass and water. He detached Lieutenant Bonnycastle with part 
of his command to explore the conntry east of the route followed by himself, 
who travelled no farther than Harney Lake Valley, to which he probably 
gave this name in honor of the commanding general, from which point he 
turned north to the head waters of John Day River aud followed it down, 
anù back to The Dalles, on about the present line of the road to Canyon 
City. Harney reported that Bonl1ycastle brought a train of 17 ox-wagons 
from Harncy Valley to The Dalles in l
 days without accident. U. S. Með8. 
aud Docs, 1859-GO, 113; U. S. Sen. Doc., 34, ix. 51, 36th congo 1st sess. 



464 


'\V AR A
D DEVELOP
fENT. 


longing to the treaty Indians. 7 A. P. Dennison, the 
agent, applied to Harney for a force to guard the res- 
ervation, but the general, instead of sending troops, 
ordered forty rifles \vith ammunition to be furnished, 
and Dennison resorted to organizing a company alnong 
the reservation Indians, and placing it under the conl- 
mand of Thonlas L. Fitch, physician to the reserva- 
tion, \vho 111arched up John Day River in the 
hope of recovering a hundred and fifty head of horses 
and cattle which had been stolen. His COlllpany 
killed the men belonging to t\VO lodges, took the 
,vornen and children prisoners, and recaptured a fe\v 
horses, \vhich had the effect to secure a short-lived 
iUlllluuity only. In August the Snakes made another 
raid upon the reservation, avenging the slaughter of 
their people by killing a dozen or more Indian \VOnlen 
and children and threatening to burn the agency build- 
ings, the \vhite residents fleeing for their lives to The 
Dalles. The agent, \vho \vas at that place, hastened 
to the scene of attack \vith a company of friendly 
Indians, but not before sixteen thousand dollars' \vorth 
of property had been stolen or destroyed. 8 I t ,vas 
only then that a SIl1aU detachment of soldiers ,vas sent 
to guard the reservation and induce the terrified Ind- 
ians a.s \vell as \vhite people to return; and a dragoon 
company ,vas ordered to Inake a reconnoissance along 
the base of the Blue Mountains, to recover if possi- 
ble the property carried off, returning, ho\vever, enlp- 
ty-handed; and it ,vas not without reason that the 
old cOlnplaint of the Indian clepartlnent ,vas reiter- 
ated, that the rnilitary departlnent would not trouble 
itself \vith the Indians unless it \vere given exclusive 
control. 


7 Though '\VaUen met with no hostile savages in his march to Camp Floyd. 
he found no less than three commands in the field from that post pursuing Ind. 
ians who had attacked the immigration on the California road. He mentions 
the names of "a few persons killed in 18,)9, K F. Shephard, 'V. F. Shephard, 
'V. C. Riggs, and C. Rains. Olympia IIerald, Sept. 16, 18.')9. E. C. Hall 
and 1Ir and 
Irs 'Vright are mentioned as having been attacked. IIall was 
killed and the others wounùed. 
8 Ind. Ajf. /lept, 18.39, 389. Indemnity was claimed for the losses of pri. 
vate persons and the Indians. 



I
1
lIG RATION. 


465 


From a c0111hination of causes, the chief of ,vhich 
,vas the agitation of the question of slavery, the inlIl1i- 
gration of 1859 ,vas larger than any ,vhich bad pre- 
ceded it for a nUIIlbcr of years. 9 O\ving to the care 
taken by Captain \Vallen to insure the safe passage 
of the trains, all escaped attack except one cornpany, 
,vhich against his advice turned off the main route to 
try that up the 
falheur, and ,vhich ,vas driven back 
,vith a loss of one lnan severely ,vounded, and four 
,yagons abandoned. 10 }'Iajor i{eynold
 of the 3d 
artillery fron1 Calnp :Floyd for Vancouver, ,yith one 
hundred llleu and eight field-pieces, escorted the 
ad vance of the in101igration, and vVallen relnained to 
bring up the rear, sending 
ixty dragoons four days' 
travel back along the road to succor some belated and 
fanlÌshing people. ll 
In the spring of 1860 General Harney ordered two 
expeditions into the country traversed by predatory 
Snakes, not ,vith the purpose of fighting them, as 
vVallen's lnarch through their country had been 
uninterrupted, but to continue the exploration of a 
road to Salt Lake froln Harney Lake, ,vhere Wallen's 
exploration in that direction had ceased; and also to 
explore frolH Crooked Ri vel' \vest,vard to the head 
,vaters of the Willalnette River, and into the valley 
by the Il1iddle ilnmigrant route first opened by 
authority of the legislature in 1853. 
Thib joint expedition ,vas under the cOIDlnand of 
1It
or E. Steen, \vho ,vas to take the west\vard march 


11 Horace Greel<,y estimated that 30,000 people and 100.000 cattle were en 
route to Califoruia. This estimate wa.s not too large, anù instead of all go- 
ing tc) California about one thir;} went to Oregon, many of them settling in 
'Valla 'Valla Valley-at least 833. About 2) f1milies settled in the Yakima 
Valley, 3) families on the Clic
>:itat, and others in every directioll. S,)me 
settled in the Granùe Houùe an(l s:::mth of the Columbia, but not so many as 
in the following years. Ol!/mpia Pioneer and Dprrwcrat, Sept. 30, 1839; OJ". 
Ar[Jw
, Oct. 15, 1839. 
lU Dalle.<; Journal, in Or. .Argus, Sept. 24, 18.39; Portland Oregonian, Oct. 
13, 18,)9. 
11 See letter in Olympia P. S. lIerald, Sept. 16, 1839. Colonel \Vright 
sent forward from Fort 'V aHa \Valla to meet the later trains which were des- 
titute of provisions 230 sacks of flour, 50 barrels of pork, anù other necessaries. 
Or. Statesman, 
ept. G, 18.39. 
BI8T. OR., VOL. II. 30 



466 


W.A.R AND DEVELOP
IEXT. 


from Crooked River, ,vhile Captain A. J. Slnith ,vas 
to proceed south\vard and east\vard to the City of 
Rocks. About six ,veeks after Slnith and Steen had 
set out froln The Dalles, ne\vs ,vas received that the 
hostile bands, so far from hidiug frOIlt the sight of 
t\VO dragoon cOlnpanies, had attacked Sn1ith after his 
parting \vith Steen, \v hen he ,vas ,vithin t\venty n1iles 
of the O\vyhee; and that he had been no more than 
able to protect the governnlent property in his charge. 
I t being unsafe to divide his cOlnnland to explore in 
advance of the train, he ,vas conlpelled to retreat to 
Harney Lake Valley and send an express after Steen, 
,vho turned back and rejoined hinl on the head ,vaters 
of Crooked River. 12 Accornpanying, or rather over- 
taking, Steen's expedition on Crooked River ,vas a 
party of four ,vhite n1en and five Indians escorting 
Superintendent Geary and G. H. Abbott, agent at 
Warin Springs, upon a search after SOI11e chiefs \vith 
,vhom they could confer regarding a treaty, or at least 
a cessation of hostilities. 'Vithout the prestige of 
nUlllbers, presents, or display of any kind, Geary \vas 
pushing his \vay into the heart of a hostile \vilderness, 
under tho shadow of the rrlilitary wing \v hich, so far 
from being extended for his protection, completely 
ignored his presence. 13 
During Geary's stay at Steen's camp, on the 15th 
of July t\VO refugees from a party of prospectors 
,vhich had been attacked by the Indians caIne in 
and reported the ,vounding of one 111an, the loss of 
seventy horses, and the scattering of their cOlnpany, 


12 Rept of Captain Smith, in U. S. Sen. Doc., i. 119, 36th congo 2d sess.; 
Sac. Union, July 20, 18GO; 8. F. Alta, July 13, 1860. 
13 In the reports of military and Indian departmcnts there is found a 
mutual concealment of facts, no mention being made by Steen of the presence 
of the head of the Indian dppartment of Oregon and \Vashington at his camp, 
in his communication to his superiors; nor did Geary in his report confess 
that he had been disdainfully treated by the few savages to whom he had an 
opportunity of offering the friendship of the United States government, as 
well as by the army. To his intcrpreter they replieiJ that powder and hall 
were the only gifts that they desired or would accept from white men. [n{. 
Aff. Rept, 1860, 174-5; Dalles lIIountaiueer, in Or. Statfjman, July 10. 18GOj 
Ulumpia Pioneer and Democrat, Julv 20, 1860. 



STEEN'S EXPEDITION. 


467 


which had fled into IIarney I-Iake VaIIey after being 
atta.cked a second tiJne. This incident, ,vith the gen- 
eral hopelessness of his errand, caused Geary to re- 
turn to The Dalles, \vhile an express ,vas sent for- 
,yard to ,yarn Snlith, then t,vo days on his nlarch 
to\vard the City of Rocks. Steen also nloved his 
calnp to Harney Lake to be ,vithil1 cOlnmunicating 
distance in case Snlith should be attacked, and he 
spent t\VO days looking for Indians \vithout finding 
any. A fe\v days later Smith ,vas attacked, as above 
rela ted. 


In the mean time Harney had been summoned to 
'Vashington city on busine
s reputed to be connected 
,yith the ,var debt of Oregon and 'Vashington territo- 
ries, and Colonel Wright ,vas placed in command of the 
departrnent of Oregon. On hearing of the interrup- 
tion of the explorations, Wright at once ordered 
three conJpanies of artillery under }'Iajor George P. 
Andre,vs to n1arch to the assistance of the explorers, 
,yhile a squadron of dragoons under l\Iajor Grier was 
directed to lllove along the road to\vard Fort Boisé 
to guard the illlrnigrant road, and be ,vithin C01l1- 
nlanding distance of Steen, ,vho it ,vas supposed 
,vould also be upon the road in a few ,veeks. 
\Vhen Steen had been reënforced by the artiIIery 
cOlnpanies, he marched on the 4th of August to,vard 
a range of sno\v mountains east of Harney Lake, ex- 
tending for SOlne distance south\vard, near which he 
bclieved the Indians ,,"ould be found, taking ,vith him 
a hundred dragoons and sixty-five artilleryn1en. The 
rClllainder of the con1nland under l\Iajor Andrews 
n10ved east,vard to a camp near the O\vyhee to await 
orders. l\Iajor Grier being on the road to Boisé ,vith 
his dragoons, looking out for the ilnmigration, Steen 
hoped to catch the Indians and drive them upon one 
or the other of these divisions. Attached to Steen's 
division ,vas a small cornpany of scouts from the 
,V arm Spring reservation, ,vho on the fourth day 



468 


'VAR AND DEVELOPMENT. 


discovered signs of the enelny on the north slope of 
a high butte, \vhieh no,v bears the naine of Steen 
l\Iountain, and on the nlorning of the 8th a slnall 
pa.rty of Indians ,vas surprised and fled to the very 
top of thiB butte to the region of perpetual Hno"T, 
hotly pursued by the troops. Arri ved at the SlUll- 
nlÏt, the descent on the Houth side do\vn ,vhich the 
Indians plunged, looked impassable; but, ,vith Inore 
zeal than caution, Steen pursued, taking his \vhole 
cOlnmand, dragoons and artillery, do\vn a descent of 
six thousand feet, through a narro,v and dangerous 
carìon, ,vith the loss of but one luule. The country 
about the 1110untain \vas then thoroughly recon- 
noitred for three days, during \vhich the scouts 
brought in three Indian lllen and a fe\v \VOnlen and 
children as prisoners. 
On the 16th the cOlnmand returned to camp, after 
,vhich Slnith made a forced 111arch of a hundred lnilcs 
on a supposed trail \vithout corning upon the enenlY. 
Steen then deterinined to abandon the road survey 
and return to The Dalles. Dividing the troops into 
three columns t","enty Iniles apart, they \vere nlarchcd 
t f ) the Columbia River without encountering any 
Indians on either route. Early in Septenlber the 
cOlnpauies \vere distributed to their several posts. 14 
Yet the troops \vere not lllore than \vell settled in 
garrisons before the Snakes made a descent on the 
\Varn1 Spring reservation, and drove off all the stoek 
they had not before secured. When there \vas nothing 
left to steal, twenty dragoons under Lieutenant Gregg 
,vere quartered at the reservation to be ready to repel 
an y further attacks. 15 


Colonel Wright reported to headquarters, Septem- 
ber 20th, that the "routes of immigration were ren- 
dered perfectly safe" by the operations of troops during 


14 u. s. Sen. Doc. 1, vol. ii. 131, 36th congo 2d sess,; Olympia P.ioneer 
and Democrat, Sept. 14, 1860. 
15 Iud. AjJ: RelJt, lSüO, 176; ISG1, 156; Puget Sound llerald, Oct. 26, 1860. 



:hIASSACRE ON SNAKE RIVER. 


469 


the sunln1cr; that nothing more needed to be done or 
could he done, ,vith regard to the Shoshones, before 
spring, \v hen the superintendent \vould essay a treaty 
at Sahnon River, \vhieh ,vould serve every purpose;16 
Lut urged the construction of a fort at Boi
ó, \v hich had 
already been directed by the secretary of \var, delayed, 
ho\vever, for reasons connected \vith the threatening 
aspect of affairs in the southern states. Major Grier's 
cornmand, \vhich had taken the road to Boisé to look 
after the in1111igration, returned to 'tValla \Valla in Sep- 
tenlber. 
The troops ,vere no sooner conlfortably garrisoned 
than the local Indian agent at the U 111atilla, Byron 
N. Davis, notified the com111ander at Fort 'Valla 
'VaHa that a lnassacre had taken place three \vecks 
previous on Snake River, bet,veen Sahnon Falls and 
Fort Boisé, ,vherein about fifty persons had been 
killed, or scattered over the ,vilderness to perish by 
starvation. Davis also reported that he had inul1e- 
diately despatched t\VO nlen ,vith a horse-load of pro- 
visions to hasten for\vard to 11leet any possible surviv- 
ors; and at the same tin1Ð :1 loaded \vagon dra\vn by 
oxen, this being the best that he could do \vith the 
lneans at his cOllHnand. As soon as the disaster bc- 
caIne kno\vn to the military authorities, Captain Dent 
,vith one hundred rnounted 1ne11 \vas ordered to pro- 
ceed rapidly along the road and afford such assistance 
as ,vas required by the sufferers, and if possible to 
punish the Indians. At the saIne tinle it \vas thought 
that the report brought in by the three kno\vn sur- 
vivors 1night be exagg-erated. 17 
The story of the in-fated party is one of the lllost 
terrible of the many terrible experiences of travellers 
aeross the Snake River plains. On the 13th of Sep- 
telnber, Let\veen nine and ten o'clock in the rHorning, 
a train of eight \vagons and fifty-four persons 'vas 


J61I. H. Sen. Doc. I, vol. ii. p, 136, 18GO-Gl, 36th congo 2d sess. 
Ii Report of Colonel \Vright, in U. S. /:fen. Doc. 1, vol. ii. p. 141, lSGO-l, 
30th congo 
d sess. 



470 


WAR AND DEVELOPMENT. 


attacked by Indians about one hundred in number. 
An escort of t\venty-two dragoons had travelled \vith 
this COlTIpany six days ,vest of Fort Hall, \vhere Colo- 
nel Ho,ve ,vas stationed with several con1panies of 
troops for the purpose of protecting the imuligration 
to California and Oregon. Thinking the California 
road Inore dangerous, and aware that there ,vere or 
had been troops from the Oregon department in the 
neighborhood of Boisé, Colonel Ho,ve deeined further 
escort unnecessary, and the train proceeded for t,vo 
,veeks Lefore rneeting v.Tith any hostile Indians. 
On the morning nalned they appeared in force, sur- 
rounding the train, yelling like delTIOnS, as the en1Ï- 
grants thought \vith the design of stalnpeding their 
cattle, which they accordingly quickly corralled, at 
the saIne tilue preparing to defend theillselves. See- 
ing this, the sa ,-rages Inade signs of friendship, and 
of Leing hungry, by ,vhich mean
 they obtained leaye 
to approach near enough to receive present
 of fuud. 
They then allo\ved the enligrants to pass on, but 
\yhen the wagons had gained a high point ,vhicb ex- 
po
ed them to attack, a fire \vas opened on the train 
with rifles and arro\vs fron1 the cover of the arten1isia. 
Again the cOlnpany halted and secured their cattle. 
But before this ,vas acco111plished three Inen ,vere 
shot do,vn. A battle nu'v took place, w hieh lasted 
the remainder of the day, and in which several Ind- 
ians were seen to fall. The firing of the savages ,vas 
badly directed, and did little harm except to annoy 
the horses and cattle, already irritable for ,vant of 
food and ,vater. All Hight the Indians fired randoill 
shots, and on the nlorning of the second day rCCOlll- 
Inenred the bat.tle, \vhich continued until the seconù 
night, another nlal1 being killeJ. Toward sunset the 
conlpany agreed upon leaving four of their ,vagons 
for booty to the Indians, hoping in this ,yay to divert 
their attention long enough to escape ,vith the uther 
four. They accordingly sta.rted on ,vith half the 
train, leaving half behind. But the 8avages paid no 



SUFFERI
GS OF THE IM}IIGRANTS. 


471 


heed to the abandoned property, follo,ving and attack- 
ing the e1uigrants \vith fresh activity. The IBen 
labored to ba:sten their cattle, but in spite of all their 
efl()rts the hungry creatures vlould stop to snatch a 
lll{)uthful of food. 'Vith the con1pany ,vere four 
young n)en, discharged soldiers froln 
'ort IIall, ,yell 
arlned ,vith rifles and revolvers belonging to the COlll- 
l'any, and n10unted on good horses, who ,vere to ride 
in advance to keep the \vay open. Instead of doing 
their duty, they fled ,vith the horses and arl11s. 18 T\vo 
other Incn, brothers named Reith, succeeded in reach- 
ing U Inatilla the 2d of October, by ,vhose report, as 
,yell as the story of the other survi viug fugitives, the 
Inassacre becanle kno,vn. 
Finding it inlPossible to drive the famished cattle, 
and seeing that in a short tinle they 111ust fall victims 
to the savages, the ill-fated en1Ïgrants deternlined to 
abandon the rClnaillder of the loaded ,vagons and the 
cattle, and if possible save their Ii ves. 
rhe nlon1ent, 
ho\vever, that they ,vere a\vay f1'ol11 the protection 
of the ,vagons, t\VO persons, John 1\1yer.s and Susan 
Utter, \vere shot dead. 1\11' Utter, father of the 
young ,yoman, then rnade signs of peace, but ,vas 

bot ,vbilo proposing a treaty. 1\lrs Utter refused to 
quit her cleat! hU8bancl, and \vith three of her chilùren, 
a Lay and t\VO girls, \vas soon despatched by the 
sa vagcs. 
Eleven persons had no\v been killed, six others had 
left the train, and there rell1ainod thirty-
even n1en, 
'V01uen, and children. They \vere too hard pressed to 
secure even a little food, and \vith one loaf of bread 
llastily snatched by 1\1rs Chase, fled, under cover of 
the darkne:ss, out into the ,vilderne
s to go-they 
kllO\V Bot ,vhither. By ,valking all night and hiJing 
untIcr the bank of the river during the day they 
eluùcd the Indians. The men had some fish-hooks., 
18 Thcse men were named Snyder, :àll' rdoch , Chambourg, and Chaffey
 
Sny(ler anù Chaffey escaped amI reported the other two as killed. Account 
of Jo
elÒ l\Iy('rs, in Ulglllpia Standarú, Nov. 30, 18GOj see also Sac. Uuion, 
Oct. 10, lSGU. 



472 


WAR AND DEVELOP)IENT. 


the ""OlDen SOlne thread, ,vhich furnished lines for 
fishing, by ,vhich 111eal1t; they kept frolll starying. 
As the ho\vlings of the Indians could still be heard, 
no travel ,vas attenlpted except at night. After go- 
ing about seventy Iniles, the IHen becalTIe too \\
eak 
fi'OHl fan1ine to carry the young chilùren. Still they 
had not been entirely \vithout food, since t\VO dogs 
that had follo,ved thelll had been killed and eaten. 
After crossing Snake River near Fort Boi
é they 
lost the road, and being unalJle to travel, eneal11pcd 
on the O\vyhee Ri vel'. Just before reaching this 
their final can1p, a poor co\v \",as discovered, \vhi(.h 
the earlier erlligration haJ abandoned, \vhose fte
h 
n1Ïxed \vith the berries of the \vild rose furnished 
scanty subsistence, eked out by a fe,v saln10n pur- 
chased of sonle Indians encanlped on the Snake l
i vel' 
in exchange for articles of clothing and alunlunitioll. 
'The lllelubers of the party no\v a,vaiting their dooln, 
in the shelter of the \vig\varns on the banks of the 
O\vyhee, \vere Alexis Vanorlnan, ]\-1rs 'T anorruan, 

Iark Vanorman, 1\11' and 1\lrs Chase, Daniel and 
Albert Chase, Elizabeth and Susan Triluble, Sanluel 
Gleason, Charles and Henry Utter, an infant child 
of the lllurdered :ßfrs U tter, Joseph 
I'yer
, l\lrs 
l\lyers, and fivÐ young chilùren, Christopher TriluLlc, 
several children of Mr Chase,19 and several of 111' 
VanorlDan's. 
Before encan1ping it had been det.ermined to send an 
express to the settlernents. i\..n old Tnan l1al}}od 
lun- 
son, and a boy of eleven, Christopher Trill1ble, ,,,ere 

elected to go. On reaching Burnt River they found 
the l
eith brothers and Chaffey, one of the de::;erti1Jg 

oldiers. They had lllistaken their \vay and ,valldereJ 


19 These are all the names mentioned by :M:yers in his account of the 
sojourn on the Owyhee; but there are other names given by the Reith broth- 
ers who first arrived at Umatilla. These were \\ïlliam Anttly, a f:5oldier 
fwm Fort Hall; A. :Markerman, vvife and five children; an old man named 
Civilian G. 
Iunson; and Charles Kesner, a soldier from Fort Hall. U.-". 
,5'e/l. /Joe. I, vol. ii. 143, 1800-GI, 3Gth congo 2<1 sess. MUllson was among 
the re
eueù; all the others must ha\-e been killed ill flight. l\Iyers of l'ourse 
could not see all that was transpiriug in the moment of greatest emergency. 



STATIV ATIOY. 


473 


in the \vlldcrness, having just returned to the road. 
l\lunson ,vent on \vith these four Inen, t\VO of \VhOlll 
succulnbed before reaching any settlement, and young 

rriln ble returned to the O\vy hee to encourage the 
others in the hope that help might COlne. They 
therefore l1lade \vhat effort they could to keep them- 
selves alive \vith frogs caught along the river. 
During the first fortnight the Indians lllade several 
visits to the canlp of the enligrants, and carried a\vay 
their guns. A considerable quantity of clothing had 
Leen disposed of for food, and as there \vas nothing to 
replace it; and the nights \vere cold, there \vas an in- 
crease of suffering fro ill that cause. The Indians 
took a\vay also by force the Llankets \vhich the fleeing 
1Hcn and WOluen IULll seized. Alarnled lest another 
day they nlight strip hinl of all his clothing, alld end 
by killing hinl, VanOrllJall set out \vith his \vite and 
chilllrcll, five in nUlnLer, Sauluel Gleason, and Charles 
and IIenry Utter, to go for\vard on the rOGll, hoping 
the sooner to llleet a relief party. As it aftcr\vard 
appeared, they reached Burnt River, \",here aU their 
bodies \vere subsequently discovered, except thoso of 
the fonr younger children, \vho, it \vas thought, \Ve1'8 
tal\.en into captivity.20 They had been ll1urdered by 
tho savages, and :ß,Irs VanOI'lnan scalped. 
Not long after tho departure frolH can1p of this 
unfortunate party, 1\11" Cha8e died froil1 eating sal- 
Junn, \v hich be ,vas too ,veale to digest. .L
 fe\v days 
later, Elizabeth Trilnble died of starvation, follo\ved 
shortly Ly her si;:;ter Susan. Then died Daniel and 
Albert Chase, also of f
11nine. For about t\VO \voeks 
preyious, the Indians had ceased to bring in food, or, 


20' Eagle-from-the-Light, a Nez Percé, had just returned from the Snake 
country, and there came with him four Snake Indians, who informed Agent 
Cain that they knew of four children, members of that unfortunate party, 
that were yet alive. Arrangements were made with thcm hy which they 
agree to hring thcm in, and accordingly have left their squaws, 
md returned 
to their country for that purpose.' Letter from 'Valla \Valla, in Ur. AI"!Jlls, 
Dec. 2:!, Hmo. The Indians who went after the chilllren, one of whom \\ as 
a 
ir1 of thirteen, returned on account of snow in the mountains. They were 
heard ûf within J 30 miles of the Flathead agency, and were sent for by !\lr 
Owen, agent at that place, but were never found. 



474 


WAR AND DEVELOP
IENT. 


indeed, to ShO\V thenlsel ves, and thus helped on the 
catastrophe, the indirect cause of \v hich ,vas their 
dread of soldiers. Young Trirn ble had been in the 
habit of visiting the Indian camp before Inentioned, 
and ono day on returning to the immigrant canlp 
brought ,vith hin} SOllle Indians having salmon to sell. 
As 1-'rilllLle ,vas about to accolllpany them Lack to 
their village, he was asked by l\Iyers to describe the 
trail, "for," said he, "if the soldiers CODle to our relief 
,ve shall ,vant to send for you." It \vas an unfortu- 
nate utterance. At the \
ord 'soldiers' the Indians 
betrayed curiosity and fear. They never returned to 
the \vhite calnp; but 'v hen sought they had fled, leav- 
ing the boùy of the boy, whom they rllurdered, to the 
,vol ves. 
At length, in their a\vful extremity, the living ,vere 
c01l1pelled to eat the bodies of the dead. This deter- 
111ination, says J\Iyers, ,vas unanilDous, and ,vas arri ved 
at after consultation and prayer. The bodies of four 
children \vere first consun1ed, and eaten of sparingly, 
to Inake the hated food last as long as it might. But 
tho tilHe caUle \v hen the body of l\lr Chaso ,vas ex- 
hU111ed and prepared for eating. Before it had been 
tasted, succor arrived, the relief parties of tho Indian 
agency anù Captain Dent reaching the O\vyhee, forty- 
five days after the attack on Snake River. 'Vhen 
the troops canle into this camp of Inisery, they thro\v 
thelllseÌ yes do\vn on their faces and wept, anù thought 
it a cruelty that Captain Dent ,vould not pernlit theln 
to scatter food \vithout stint alllong the half-naked 
Ii ving skeletons stretched upon the ground, or that 
he should resist the cries of the \vailing and eillaci- 
a ted children. 
The family of l\fyers, J\lrs Chase and one child, and 
I\1i
s Trilnble ,vere all left alive at the c
unp on tho 
O\vyhee. l\Iunson and Chaffey \vere also rescued, 
lllakincr t\vel ve brou<Yht in by the troops. These \vith 
the th
ee 11lon \vho first rea
hed the Oolumbia River 
,vere all that survived uf a cOlllpany of fifty-four per- 



ACTION OF THE LEGISLATURE. 


475 


sons. Thirty-nine lives had been lost,a large amount of 
property \vaHted, and indescribable suffering endured 
for 
ix \veek
. vVhen Captain Dent arrived \vith 
the reseued survivors at the Blue 
Iountains, they 
,vcre already covered \vith sno\v, \vhich a little later 
\vould have prevcnted his return. 21 
The Oreo'onlegi
lature being in session \vhen ne\vs of 
thc Snake oRiver lllassacre reached the \Villanlette 
Valley, Governor \Vhiteaker, in a special Inessage, 
suggested that they nlcrnorialize the presiùen t, the 
secretary of \var, and t.he cOllHnander of the dcpart- 
lllcnt of Oregon, on the necessity for greater security 
of the inulligration bet\veen forts Ifall and 'Valla 
\Valla. He ren1Înded thcn1 that they had just passed 
throuo'h an Indian ,val' frOlll ,vhich tIle countr y \vas 
ð 
greatly Jepre
8ed, anù left it ,vith the legislature 
to deter1lline \v hether the state should undertake to 
chastise the Indians, or ,vhether that duty should be 
left to the arnly. 22 Acting upon the governor's sug- 
gcstion, a lllenlorial \vas addressed to congress, asking 
for a te1nporary post at the Grand Rand, with a C01Il- 
uland of t\vcnty-five men; another \vith a like comrnand 
on Burnt River; and a permanent post at Boisé of 
Hot less than Olle con1pany. These posts could be 
supplied frol11 \Valla \Valla, \vhich, since the opening 
of tbe country to settlclnent, had becolnc a flourishing 
centre of òusiuess. 23 The troops at the t\yO tenlpo- 
rary posts of Grande Ronde and Burnt River could 


21 rra8Mngton Standard, Nov. 30, 1860; Or. Statesman, Nov. 26, 1860; 
Portlmul Adv P 1.ti..,N, Nov. 7, 1860; lIay'.;;; Scrap.
, v. UH; OJ". Ar[llf.':, 
o\
. 
2-1, 18ÜO; U1llmpia PlOneeJ' and Democrat, Oct. 19, 18GO; Ind. Aff. R(!}Jt, 
ISU1, ),')5; U. S. II, Ex. Doc. 43, vol. viii., :
Gdl congo 2ù sess.; COllg. Globe, 
1 S(j3-G I , part ii. p. l:i24-5; OJ". Jour. Senate, 18(j0, G3; Special ßlf'8sajc of 
G v. JVhifpaker, in Ur. StateÆman, Oct. 13, ISGOj S. F. Bulletin, Nov. 14 
and 23, ISGO, 

2 OJ", Stctt(',
ma11, Oct. 15, 18GO. 
23 The heneficial results of the military post at 'Valla WalIa, erected hy 
orùer of Gcner'al \Yool in 1837, had been great. '\Vhere but recently the 
Lones of our countrymen were bleaching on the ground, now all is quiet and 
our citizens are living in peace, cultiva"ing the soil, and this year have har- 
n
'sted thousands of Lu
hels of grain, vegetables are produced in abundance, 
lllil
s have been erected, a village has sprung up, shops and stores have been 
opened, and civilization hasac(:omplished wonùerful results l,y the wise policy 
of ille government.' :Memorial to Cong" Vr. Law::;, lSGO, ap. 2. 



476 


\YAR AXD DEYELOP:\lENT. 


return to Fort \Val1a WalIa to \villter, and renlain in 
garri
on frOIn N oven1ber till .1\lay. Another perIna- 
nent po
t at OJ' 11ear the Great 
-'alls of Snake I{ivl'r, 
garrisoned by at least one full COlllpany, \vas asked 
f0r, \vhcre also an Iudian aO'ent should be stationed. 
ð 
This post it \vas believed \,,",ould hold in eheck uot 
only the Iudians, but la\vless ,,-bite lnen, fugitives 
froln justice, \v ho consorted \vith theIn, and could be 
supplied frOIH Fort IIall. 
The saIne men}orial urged that treaties should be 
made \vith all the lndiullt; of Oregon, rCllloving theu1 
to reservations; a.nd asked for nÜ1itary posts at "\Varln 
Springs and I{lanlath Lake. In connection \vith 
thpse Illilitary establishnlents, the legislature reCOlll- 
lllended the construction of a Inilitary road fro111 the 
foot of the Casr.ades of the Colulubia to ]j'ort \Valla 
WalIa, \vhich should be passable \vhen tbe COllllllbia 
,vas obstructed by ice. In a briefer nlelIlorial the 
secretary of ,val' \vas illfornleJ of the \vant of l11ilitary 
protection on the routes of inlllligration, and asked to 
establish three posts \vithin the eastern borJers of 
Oregon; nalllely, a four-conlpany post at :Fort Buisé; 
a t\VÙ-COlllpany post ou the l\Ialheur River, for the pur- 
pose of protecting the ne\y in1lnigrant trail frolH Boisé 
to Eugene City; and a onc-coll1pany p(J
t SOIne\V here 
on Snake !{i ver Let\veen forts Boisó and \VaHa 
"\Valla. This loelllorial also asked that a nlilitarv 
roaù Le constructed on the trailleadillg frotH Eugeu"c 
City to Boisó. 24 


The UUlpqua district being att.ached to the depart- 
Dlent of California, it de\Tol ved on General Clarke in 
cOlIlilland to look after the southern route to Oregon. 
This he did by ordering Lieutenant 
.\.. Piper of tbe 
3d artillery, stationed at Fort U Illpqua, to take the 


24, The committee that prepared this memorial evidently was unller the 
impression that t;teen had completed a recounoissance of the middle route, 
which was not the case, his time beiug chiefly spent, as "-right expressed it, 
in 'pursllin
 an illYi
ihle foe.' Steen's report was published by congress. 
See Cony. Globe, IS(jJ-1, part ii., 14.)7. 



SUCCESS OF THE SXAKES. 


477 


field in southern Oregon ,,
ith one COJnpany June 27th, 
and proceed to t.he lClarnath Lake country to quiet 
disturbances there, occasioned by the generally hostile 
attitude of the Indians of northern California, N e- 
yacht, and southern Oregon at this tilDe. Piper en- 
calnpecl at a point seventy-five nliles \vest of J ack- 
sonville, \vhich he called C<.tlUP Day. In Septenlber 
a train of thirty-t\vO \vagons arrived there, \vhich 
had escaped \vith no further 11101estation than the loss 
of SOI11e stock. Another train being behind, and it 
becolning kno\vn that a hundred Snake Indians \vere 
in the vicinity of IClan1ath Lake, under a chief nan1ed 
IfowJack, sixty-five lllen \vere seut for\vard to their 
protection. They thus e
capeù evil
 intended for 
theIn, but \vhich fell on others. 
Successes such as had attended the hostile ll'lOVe- 
l11ents of the Snake Indians during the years of 
1859-GO \vere likely to transforln thel11 frol11 a CO\V- 
ardly and thieving into a \varlike and 111urderous foe. 
The property obtained by then1 in that tinle anlounted 
to lllany thousands of dollars, and being in arnlS, alD- 
111UllÍtion, horses, and cattle, placed thern upon a \var 
footing, \vhich \vith their nOlnadic habits and kno\vl- 
edge of the country rendered thenl no despicable 
foe, as the officers and troops of the United States 
\vere yet to be cOlnpelled to ackno\vledge. 25 


25In the snmmer of 18;)8 Q, H. Abbott, Indian agent, went into the Ind. 
ian country, afterward known to military men as the Lake District, with a 
view to m
li:e treaties wi
h the Snakes, Bannocks, Klam3.ths, and )Ioc1ocs, 
the only tribes capable of making ,var, who had neither heen conquered nor 
trea
ed with, anll selected a place for an agency north of the I
la!Dath Lakes, 
:1lHI ahout 73 miles from JacksOlwiUe in a llorth
easterly direction. On his 
return his party discovered the remains of five men, prospectors, who had 
heen murdered, as it was ùelieved, by Klamaths, on the hea.d w<:.ters of Butte 
cl'ee
, the milhlle fork of RO,
ue ltiver. They were Eli Tedfortl, wllOse 
body was burned, Robert Probst, James Crow, S. F. Conger, and J:nnes 
Brown. Ind. A,If. Rept, 18,")9, mH-2. A company of volunteers at once went 
in search of the murderers, three of whom, c
1Ïefly by the assistance of t
le 
a

ent, werc apprehended, and whom the Klamaths voluntarily killed to pre- 
vcnt trouL
e; that tribe being now dp.sirous of standing well wi
h Cle U. 8. 
government. FÏ\-e other renegades from the cODf)uerE'd tribes of t
lC Rogue 
Hiver mountains were not captured. In June 18,)9 a prospectin:
 party from 
L..tne county was attacked on the heaJ ,vaters of the l\lalheur !{Ü-er, and 
two of tho men wounded. They escapecl with a loss of $7,000 or 83,000 
worth of property. Sac. Union, July 7, 18GO. Of the emigrall-
s of 18'>9 who 



478 


WAR AND DEVELOPl\IE
T. 


The continual search for gold ,vhich had been going 
on in the Oregon territory both before and after its di- 
vision 26 ,vas being actively prosecuted at this time. An 
acquaintance ,vith the precious Inetal in its nati\
e 
state having been acquired by the Oregon Ininers in 
California in 1848-9, reminded some of thern that 
persons ,vho had taken the 1\Ieek cut-off in 1845, 
,vhile passing through the 1\Ialheur country had picked 
up an unfalniliar nletal, ,vhich they had han1n1ered out 
on a wagon-tire, and tossed into a tool-chest, but \vhich 
,vas after\vard lost. That n1etal they \vere no,v confi- 
dent ,vas gold,and men racked their brains to ren}
n}ber 
the ideHtical spot ,vhere it ,vas found; even going on 
an expedition to the 1\Ialheur in 1849 to look for it, 
but \vithout success. 
Partial discoveries in n1any parts of the country 
took the southern route into the Klamath Lake valley, one small train was 
so completely cut off that their fate might never have been discovered hut 
for the information furnished by a Klamath Indian, who related the affair tù 
Abbott. The men and women \vere all killed at the moment of attack, and 
the children, reserved for sla\Oery, were removed with their plunder to the 
island in Tule Lake, long famous as the refuge of the murderous l'rloJocs. 
A few days later, seeing other emigrant trains passing, the Indians became 
apprehensive and killed their captives. Abbott made evcry effort tu learn 
something more definite, but without success. By some of the 
10l1ocs it 
was denied; by others the crime was charged upon the Pit River In!lians, 
and the actual criminals were ne\Ter brought to light. In the snUUBer of 
18,38, also, that worthy Oregon pioneer, Felix Scott, and seven others had he en 
cut off by the 
lodocs, and a la,oge amount of property captured or destroye,l. 
Drew made a report on the 
loùocs, in Ind. A.ff. Rept, 1863, 50, where he 
enumerates 112 victims of their hostility since 1832, anù estimates the amount 
of property taken at not less than $300,000. 
26 As early as July 1830 two expeditions set out to explore for gold on the 
Spokane and Yakima rivers, S. F. Pnc. 
ews, July 24 and Oct, 10, 1830; 
but it was not found in quantities sufficient to cause any excitement. 
1. De 
Saint-Amallt, an envoy of the French governrnent, travelling in Oregon in 
18;')1, remarked, page 36;) of his book, that without doubt gold existed in the 
Yakima country, and added that the Inùians daily found nuggets of the pre- 
cious metal. He gay"e the same account of the Spokane country, but I doubt 
if his knowledge was gained from any more reliable source than rumor, There 
were similar reports of the Pend d'Oreille country in 1832. Zabri."kie'.
 Land 
Law, 82:{. In 18':>3 Captain George B. ThleClelhn, then connected with the 
Pacific railroad survey, found traces of gold at the head-waters of the Yak- 
ima. River. S:el,"ens' Nurr., in Pac. R. R. Hept, xii. 140. In 1834 some mining 
was done on that river and also on the 'Venatchie. Or. 8tatf'small, J une 
O, 
1834; s. Jt: Alta, June 13, 1834; aIllI prospecting was begun on Burnt Uiver 
in the autumn of the same year. Ebpy',fj Journal, MS" ii. 39, 50, and a.lEo 
in the vicinity of The Dalles. S. F. Alta, Sept. 30, 1854. In ]83:) there 
were discoveries near Colville, the rush to which place was interrupted by the 
Indian war. In 18;')7-8 followeù the discoveries in British Columbia, and 
the Frazer River excitement. 


. 



SEARCHI
G FOR GOLD. 


479 


north of the Columbia again in 1854 induced [t fresh 
scar(
h for the' lost diggings,' as the forgotten locality 
of the gold find in 1845 ,vas called, ,vhich ,vas as un- 
successful as the previous one. Such was the faith, 
ho,yever, of those ,vho had handled the stray nugget, 
that parties resulned the search for the lost diggings, 
,vhile yet the Indians in all the eastern territory ,vere 
hostile, and mining ,vas forbidden by the nlilitary au- 
thorities. 27 The search ,vas stinlulated by 'Vallen's 
report of his road expedition do,vn the 
Ialheur in 
1859, gold being found on that streanl; and in 18GO 
there ,vas forlned in Lane county the conlpany before 
111cntioned, ,vhich ,yas attacked by the Snakes,2s and 
robbed of several thousand dollars' ,yorth of hor
es 
and supplies. In August 1861 still another con1pany 
,vas organized to prosecute the search, but failed like 
the others; and breaking up, scattered in various parts 
of the country, a sroan nUlnber relnaining to pros- 
pect on the John Day and Po,vder rivers, 'v here S0111e- 
tilue in the autumn good diggings ,vere discovered. 2J 


27 In August 1857 James :1\1cBride, George L. 'V oods, Perry :1\lfcCllllO'ck, 
Henry :MO'O're, and three O'thers, Or. A'J'O'lls, Aug. 8, 1837, left TheD..:lles, in- 
tending to' go to the :1\lalheur, but were driven back by the Snake Indians, awl 
fleeing westward, crO'ssed the Cascade l\lO'untains near the triple peaks O'f the 
Three Sisters, emerging into the 'Villamette Valley in a famishing condition. 
rictor's rp'J'ail-making in Oreoon, in Q-l,'erl"nd Alollthly. In August 1838 
Ic- 
Briùe organized a secO'nd expeditiO'n, consisting of 26 men, who after a mO'nth'fj 
search returned disappO'inted. Or. Ar!Jus, 
ept. 18, 1858. Other attempts 
followed, but the exact lO'cality O'f the lO'st diggings was never 1ix('d. 
28 This party was led Ly Henry :1\Iartin, who organized anO'ther cO'mpany 
the follO'wing year. 
29 There were three companies explO'ring in eastern OregO'n in I8G I; the 
one from :1\1ariO'n cO'unty is the one abO've referred to, seven men rcmaining 
after the departure O'f the principal part O'f the expeditiO'n. It appears that 
J. L. Adams was the actual discO'verer of the John Day diggings, awl O'ne 
:1\larshall O'f the PO'wder River mines. The other cO'mpanies were frO'm Clack- 
amas and Lane, and each embraced abO'ut GO men. The Lane cO'mpany prO's- 
pected the :1\lfalheur unsuccessfully. In Owen's Dirpdory the discGvery of 
the JO'hn Day mines is incorrectly attributed to CalifO'rnians. Portlalld A.I- 
't,'crtiser, in Olympin IJerald, Nov. 7, ISG1; Portland Oregonian, Nov. 7, ISül; 
Sac, Union, NO\T. 16, 18Gl; .J..V. Y. Enoineeriuy and l1lillin:J Journal, in Port- 
land D. IJerald, :1\lfarch 22, 187]; ('af. Farmer, Feb. '27, I8G3. Previous to 
the annO'uncement O'f the discoveries by the Orf'gO'n prO'spectO'rs, E. D. Pierce 
returned to \Valla 'Valla frO'm an expeditiO'n O'f eight weeks in extent, per- 
fO'rmeù with a party O'f 20 thrO'ugh the country O'n the west Ride of Hnake 
River, taking in the :Malheur, Burnt, PO'wder, and Grande Ronde rivers. lIe 
repO'rted finding an extensive gO'ld-field on these streams, with rO'O'm fO'r thO'u- 
sands of miners. who could make from three to fifteen dollars a day each. 




so 


WAR AXD DEYELOP
IE
T. 


T\vù tnen \yorking half a day on Po\vder River cleaned 
up t\VO ap.d a half pound
 of gold-dust. One clain1 
yielded $6,000 in four days; and one pan of earth con- 
tained $150. These stories created the liveliest inter- 
est in every part of Oregon, and led to an inll1)ediate 
rush to the ue\V gold-field
, though it \yas already 
N oyelnber \vhen the discovery \vas Inade knO\Vll. 
Taken in connection \vith the discoveries in the 
Nez Percé country, \vhich preceded them by about a 
year an(l a half, these events proved that gold-fields 
extended fronl the southern boundary of Oregon to 
the British possessions. Already the Inigratiou to 
the Nez Perc
, Oro Filla, and Sahnon l{iver IIline::3 
had caused a great ilnprovelllent in the country. It 
bad excited a rapid gro\vth in Portland and The 
Dalles,:n and caused the organization of the Oregon 
Steêun Navigation Compally,31 \vhich in 1861 had 
steall1boats carrying freight three tirnes a \veek to 


Pierce hrought specimens of silver-bearing rocks to be assayed. About forty 
T ersons in Oct. had taken claims in the Grande Ronde Valley, prepared to 
winter there. P01,tland Orf'gonian, Aug. 27, 18Gl; Or. Statcsman, Oct. 21, 
ISGl; S. jt
 Bulletin, Oct, 24, ISGI; Sac. Uni071, Nov, 4 and lû, IS0l. 
3v 'Vasco county was assessed in 18G3 81,500,000, a gain of half a million 
since ISfi:?, notwithstanding heavy losses by flood and snow. Or. Ar!Jus, 

ept. 28, ISG:{. 
in The Jwnes P. Flint, a small iron propeller, built in the east, was the 
first steamboat on the Columbia above the Cascades. She was hauled up 
on'r the rapids in 1832 to run to The Dalles, for the Bradforù bro
hers, 
Dauiel and Putnam. The Yakima war of ]83J-G gave the first real im- 
pulse to steam boating on the Columbia above the \Villamette. The first 
steamer built to run to the Casca.des was the Belle, owned by J. C. Ainsworth 
& C()., the next the Fa.4Ûon, owned by J. O. Van Bergen. J. S. Unclde soon 
Bfter built the J.lountllin, Buck. Others rapidly followed. In ISJG between 
the Cascades and The Dalles there were the ..L1lary and the JruSCJ, built by 
the BnuHords. In 1837 there was no steamboa
 above The Dalles, and Cap- 
tain Cram of the army confiùently declared there never could be. I. J. 
Rtevel. '3 contradicted this view, and a correspondence ensued. Ol!Jrnpin lIer- 
aid, Dec. 24, 1838. In 18.38 TI. R. Thompson built a steamboat abov
 the 
C:1scaùes, calleù The Ventnre, which getting into the current was carried over 
t'1e f.tlls, t;he was repaired, name...l the Umatilla, anù taken to Frasl'r 
hivCèr, In the autumn nnd winter of 1838-0, It, H, Thompson and Lawrcnce 
'\. Coe lmilt the Colonpl W"right above The D"llIes, which in spite of Cram's 
l)rognostics ran to Fort 'V alla 'Valla, to Priest's !lapids, anù up Snake TIi\Ter. 
'1 he l/(u;saloe was also put on the river 1etween the Cascades and The Dalles 
in 1838, and bclow the Cascades the Can'ie A. Lad,l. There was at this 
time a horse-rai
road at the portage on the north side of the Cascades, owned 
by Bradford & Co., built in 18,)3. In IS38 J. O. Van Bergen purchased the 
right of way on the south side of the Cascades, and began a tramway, like 
that on the Jlor
h side, but useù in connection wiLh his steamers. :Subse- 



STEA
IERS ON THE COL illIBIA. 


481 


The Danes for the country beyond. 'ValIa WalIa 
hall gro\vn to be a thriving to\vn and an outfitting 
station for 111iners, \v here horses, cattle, saddles, ha.r- 


quently J. S. Ruckle and Henry Olmstead purchased it to complete their 
line to The Dalles. At this stage of progress a company was formed by 
Ainsworth, Ruckle, and Bradford & Co., their common property being the 
Carrie .A. Ladd, Sel1,orita, Belle, .il1ouutain Buck, another small steamer run- 
ning to The Dalles, anù five miles of horse-railroad on the north side of the 
river. The company styled itself the Union Transportation Company, and 
soon purchaseJ. the IJldepf'lldence and JVasco, o\YneJ. by Alexander Ankeny, 
and the Jwneð P. Plint and Fashion, û'\-'ned by J. O. Van Bergen. 
As there was no law in Oregon at this time under which corporations 
could be established, the above-named company obtained from the legislature 
of \Vashillgton an act incorporating it under the name of the Oregon Steam 
Kavigation Company. 'Vhen the Oregon legislature passed a general incor- 
poration act granting the same privileges enjoyed under the "Tashington law, 
the company was incorporated under it, and paid taxes in Oregon. In 1861 
the railroad portage on the south side of the Cascades was completed, and the 
following year the O. S. N. Co. purchased it, laying ùown iron rails amI put- 
ting on a locomotive built at the Vulcan founderyof S. F. The first train 
run over the road was on April 20, 18G:
, and the same day the railroad port- 
age from The Dalles to Celi!o was opencd. :l\Ieantime the O. S. N. Co. 
had consolidated with ThonJpson and Coe abovc The Dalles in 18Gl, and now 
became a powerful monopoly, controlling the nadgation of the Columbia 
above the 'VillalIlette. Their charges for passage and freight were always 
as high as they would stand, this being thc principle on which charges were 
rcgulated, rather than the cost of transportation. 
In 18G:
 the Pcople's Tmnsportation Company built the E. D. Baker to 
run to the Cascades; another, the Iris, between the Cascades and The Danes; 
and a third, the Cayusp, above The Dalles. They lost the contract for carry- 
ing the g;)Vernment freight. and the O. S. N. Co. so reduced their rates as to 
leaye the opposition small profits in competition. A compromise was effected 
by purchasing the propel'ty of the people's line above the Cascades, paying 
for the ('a.llww and Iri..; in three boats running between Portland and Oregon 
City, and $10,000; the 0, S, N. Co. to ha"e the exclusive navigation of the 
Columbia. ana the people's line to confine their busi:acss to the \Villamette, 
abovc Portland. In 186.3 all the boats on the lower Columbia were purchased. 
In IbiD the 0, S. N. Co, sold its interests, which had greatly multiplied and 
increased, to the Oregon Railway and Navigation Company, a corporation 
which included river, ocean, and railroad transportation, and which repre- 
sented many millions of capital. Ainsworth formerly commanded a l\lissis- 
sippi River steamboat. Ruckle came to Oregon in 1855, and hecame captain 
of Van Bergen's boat, the FaRhion. Then he built a boat for himself, the 
J.1Iountain Bltck, and then the railroad portage. He was a successful projector, 
anù madc money in various ways. In 18G4-5 he assisted George Thomas and 
others to construct a stage roall over the Blnc l\Iountains; and also engaged 
in quartz mining, developing the famous Rockfcllow lode between Powder 
and Burnt rivers, which was latcr the Virtue mine. S, G. Reed came from 
Massachusetts to Oregon about 18.31. He was keeping a small store at Rai- 
nicr in 18.33, but soon removed to Portland, where he became a member of 
the O. S. N. Co. in a few years. He has given much attention to the rais.. 
iug of fine-blooded stock on his farm in \Yashington county. Parker's Puget 
SOllnd, 1\1S., 1; Dalles Inland Empire, Dec. 28, 1878. John H. ,YoU com- 
manded 'j'he Cascades; John Babbage the Julia and the Emma I-Iayward; 
J. 1\IcNulty the IIas8aloe and Mountain Queen. Thomas J. Stump could run 
The Dalles and the Cascades at a certain stage of water with a steamboat. 
Other steam boat men were SaInuel D. Holmes, Sebastian 11iller. I...eonard 
HIS'!'. OR., VOL. II. 31 



482 


WAR AND DEVELOPMENT. 


ness, clothing, and provisions were required in large 
quantities and sold at high prices. Le\viston had 
also sprung up at the junction of the Clear\vater and 
Snake rivers, besides several nlining to\vns in the gold- 
fields to the east. Nor ,vere mining and cattle-rais- 
ing the only industries to \vhich eastern Oregon and 
Washington proved to be adapted. Contrary to the 
generally recei ved notion of the nature of the soil of 
these grassy plains, the ground, \vherever it ,vas culti- 
vated, raised abundant crops, and agriculture becalne 
at once a prominent and remunerative occupation of 
the settlers, who found in the mines a ready market.. 
But down to the close of 1861, \vhen the John Day 
and Po\vder River mines were discovered, the bene- 
fits of the great improvements \vhich I have nlen- 
tioned had accrued chiefly to Washington, although 
founded ,vith the money of Oregonians, a state of 
things ,vhich did not fail to call forth invidious COlI}- 
ment by the press of Oregon. But no\v it ,vas anti- 
cipated that the state was to reap a golden harvest 
from her o\vn soil, and preparations were made in 
every part of the Pacific coast for a grand n10vement 
in the spring toward the new land of promise. 


Before the vivid anticipations of the gold-hunters 
could be realized a new forn1 of calanlity had C0111e. 
'Vhite, w. P. Gray, Ephraim Baughman of the E. D. Baker and later of 
the O. S. N. CO.'8 boats above The Dalles; Josiah Myrick of the JVilson G. 
II'llnt and other boats; James Strang of the Rescue and JVenat; Joseph Kel- 
logg of the Rescue and the Kellofm; 'Villiam Smith of the Wenat; \Villiam 
Turnbull of the Fannie 'lT roup ; Richard Hobson of the Josie McNear; James 
M. Gilman and Sherwood of the Annie Stewart; Gray, Pelton, and Holman, 
'W hose names are associated with the ante-railroad days of transportation in 
Oregon. See JJ/cCracken's Eady Steamboating, 
IS.; Deady's llist. Or., :MS.; 
Deady's Scrap-book; Or. Argus, Feb. 22, 1862; Portland Oregonian, Dec. 2G, 
]864, and July 31, 1865; Or. Statesman, April 7, 1862; Olympia Pioneer and 
Democl'at, Sept. 10, 1858; Olympia Herald, Sept. 10, 1858; Land Off. Rf}Jt, 
18G7, 69; U.8. Sec. JVar Rept, ii. 509-II, 40th congo 2d sess.; Congo Globf, 
186;)-6, pt v. ap, 317, 39th congo 1st sess.; Or. City Enterprise, Dec. 29, ISGG; 
DalleslrIountaineer, Jan. 19, 1866; Rw
ling's Across America, 231, 250; S. F. 
Bullftin, July 20, 1858; S. F. .Alta, !\iarch 4, 1862; Or. Laws, 1860, ap. 2; 
Census, 8th. 331; Ford'.
Road-mal;e,..ç, :MS., 31; Or. Reports, iii.169-70; ll/c- 
Cormick's Portland Directory, ]872,30-1; Or. Deutsch Zeitung, June 21, 18';9; 
Portland Standm.d, July 4, 1879; Astorian, July II, 1879; Portland Urp- 
.gonian, April 20 and June 15, 1878; Richw'dson's .Jfis8Ïss., 401; Owen's Di- 
rectory, 1865, 141; Bowles' Northwest, 482-3. 



A DISASTROUS FLOOD. 


483 


To,vard the last of November a deluge of rain .began, 
'v hich, being protracted for several days, inundated 
all the valleys ,vest of the Sierra Nevada and Cascade 
ranges, from .southern California to northern Wash- 
ingt.on, destroying the accumulations of years of indus- 
try. No flood approaching it in volu111e had been 
'Yltnessed since the winter of 1844. All over the 
'Villalnette the country \vas covered ,vith the wreck- 
age of houses, barns, b;idges, and fencing; ,vhi]e cattle, 
sillall stock, storehouses of grain, mills, and other 
property ,vere \vashed a\vay. A nU111ber of lives 
,vcre lost, and many imperilled. In the streets of 
Salem the river ran in a current four feet deep for a 
quarter of a n1ile in breadth. At Oregon City all the 
n1ills, the break,vater, and hoisting ,yorks of the Mill- 
ing and Transportation Company, the foundery, the 
Oregon Hotel, and many nlore structures were 
destroyed and carried a\vay. Linn City was swept 
clean of buildings, and Canemah laid waste. Cham- 
poeg had no houses left; and so on up the river, every 
,vhere. 32 The Umpqua River rose until it carried 
a\vay the whole of lo\ver Scottsburg, ,vith all the n1Îlls 
and improvements on the main river, and the rains 
destroyed the military road on ,yhich had been 
expended fifty thousand dollars. 33 The weather con- 
tinued stormy, and toward christmas the rain turned 
to snow, the cold being unusual. On the 13th of 
January there had been no overland mail from Cali- 
fornia for more than six weeks, the Columbia was 
blocked with ice, ,vhich came down from its upper 
branches, and no steamers could reach Portland fronl 
the ocean, while there ,vas no communication by land 
or water ,vith eastern Oregon and Washington; which 
state of things lasted until the 20th, when the ice in 
the Willamette and elsewhere began breaking up, and 
the cold relaxed. 


12 In the following summer the first saw-mill was erected at Gardiner. 
13 Or. Statesman, Dec. 9 amI 16, 1861. The rain-fall from October to 
March was 71.60 inches. Id., May 19, 1862. 



484 


,V AR AND DEVELOP
lE
T. 


Such a season as this coming upon miners and 
tra yellers in the sparsely settled upper country \yas 
sure to occasion disaster. It stre,ved the plains ,vith 
dead nIen, ,vhose ren1ains ,vere \vashed do,vn by the 
next sUlnlHer's flood, and destroyed as tnallY as t\venty- 
five thousand cattle. A herder on the Tucannon 
froze to death ,vith all the anin1als in his charge. 
Travellers lay do\vn by the \vayside and slept the 
sleep that is dreanlless. A sad tale is told of the pio- 
neers of the John Day 111Înes, \vho ,vere ,vintering at 
the base of the Blue n10untains to be ready for the 
opening of spring, Inany of \vhonl ,vere murdered and 
their bodies eaten by the Snakes. 34 
The flood and cold of \vinter ,vere followed in May 
by another flood, caused by the rapid Inelting of the 
large body of snow in the upper country. The ,vater 
rose at The Dalles several feet over the principal 
streets, and the back-,vater fron1 the Colulnbia over- 
flo\ved the lo\ver portion of Portland. On the 14th 
of June the river ,vas t\venty-eight feet above lo\v- 
,vater mark. The dalllages sustained along the Co- 
lumbia were estin1ated at more than a hundred thou- 
sand dollars, although the Colulnbia VaUey ,vas ahnost 
in its ,vild state. Added to the losses of the ,vinter, 
the \v hole country had sustained great inj ury. On 
the other hand, there was a prospect of rapidly re- 
covering froln the natural depression. The John Day 
mines were said by old California miners to be the 
richest yet discovered. This does not seem to have 
proved true as compared with Salmon River; but 
they \vere undoubtedly rich. By the 1st of July 
there ,vere nearly a thousand persons nlining and 
trading on the head \vaters of this river. New discov- 
eries \vere n1ade on Granite Creek, the north branch 
of the North Fork of John Day, later in the season, 


54 Of the perilous and fatal adventures of a party of express messengers 
and tra'\ellers in this region, John D. James, J. E. Jagger, l\tloody, Gay, Niles, 
Jeffrips, \Vilson, Bolton, and others, also of a pa\'ty bound for the John Day 
River mines J full details are given in CaliJor"1,y'! ["Ür Pocula J this series. 



JOHN DAY AND PU\VDER RIVER. 


485 


which yielded from t\venty to fifty dollars a day. Nor 
,vere the mines the sole attraction of this region: the 
country itself was eagerly seized upon; aln10st every 
quarter-section of land along the strealllS \vas claimed 
and had a cabin erected upon it,35 \vith every prepara- 
tion for a permanent residence. 
About a dozen Inen \vintered in the Po\vder River 
\T alley, not suffering cold or annoyed by Indians. 
This vaney ,vas found to contain a large amount of 
fertile land capable of sustaining a large population. 
It \vas bounded by a high range of granite nlountains, 
rising precipitously from the ,vestern edge of the 
basin, \yhile on the north and south it ,vas shut in 
hy high rolling hills covered \vith nutritious grass. 
To the east rose a lower range of the sallIe rolling 
hills, beyond 'v hich to\vered another granite ridge 
siu1ilar to that on the \vest. The river received its 
nUlnerous tributaries, rising in the south and \vest, 
and united them in one on the north-east side of 
the valley, thus furnishing an abundance of ,vater- 
courses throughout. 
In this charming locality, where a little ha.ndful of 
miners hibernated for several months, cut off froiH all 
the \vorld, in less than four nlollths after the sno\v 
blockade ,vas raised a thriving to\vn had sprung up 
and a ne\v county \vas organized, a hundred votes 
being cast at the June election, and the returns 
being maJe to the secretary of state as "t.he vote 
of Baker county."Sd The Grand Rond Valley had 
always been the admiration of travellers. A por- 


35 Ebey's Journal, 1\18., viii. 237-8. 
36 'Thcy assumed to organize,' said the Statesman of June 23, 18G2, 'and 
named the precincts Union and Auburn, and elected officers. Onc precinct 
made returns properly from 'Vasco county. ' The legislative assembly in the 
following Septcmber organized the county of Baker legally by act. Sydncy 
Abell was the first justice of the peace. He died in .May 18(j

, being oycr 
50 years of age. He was formerly fwm Springfield, Ill., but more rcccntly 
from l\Iarys\'ille, Cal. Portlaud UI"t'fJonian, ]\lay 28, 18G3. At the first lllU- 
nicipal clection of Auburn Jacob Norcross was clected mayor; O. 
I. Rowe 
recordcr; J. J. Doolcy treasurer; A. C, Lowring, D. A. Jolmson, J . Lovell, 
D. 
I. Belknap, J. R. Totman, aldermen. Or. Statesman, Nov. 17, 18ú2. 
Ull1atilla county was also estaLlisheù in lSG2. 



4S6 


"AR 
l) DEYELOP
IEXT. 


tion of the immigration of 18.13 had desired to settle 
here, but was prevented by its distance frolll a 
base of supplies. Every subsequent illlmigration 
haJ looked upon it "\vith envying eyes, but had 
been deterred by various circumßtances from set- 
tling in it. I t ,,-as the di
covery of gold, after all, 
\y hich made it practicable to inhabit it. In the ,vin- 
tel" of 1861-
 a mill 
ite had been selected, antI there 
"
ere five log houses erected all at one point for 
greater security frolll the incursions of the Snake 
lndians, and the embryo city "
as called La Grande. 
It hall at this date t\venty inhabitants, ten of \VhOln 
,vere nlen. It gre\y rapidly for three or four years, 
being incorported in 1864,3ì and after the first flush of 
the nlining fever, settled do,,-n to steady if slo\v aJ- 
vancelllent. 
The pioneers of Grand Ronel suffered none of those 
hardships fronl 
eYere weather experienced in the John 
Day region or at "Talla "T ana. Only eighteen inches 
of sno\y fell in J <.lnuary, ,,-hich disappeared in a fe\v 
days, leaving the meado\ys green for their cattle to 
graze on. La Grande had another ad vantage: It \vas 
on the immigrant road, \yhich gave it cOIllIDunication 
,vith the COlulllbia. Another road \yas being opened 
east,,-ard fifty 111Ïles to the Snake River, on a direct 

ourse to th
 Salmon River nlines; and a road "as 
also opened in the previous K ovember from the \\est- 
ern foot of the Blue :JIountains to the Grande Ronde 
,-yo alley, \\hich \,as to be extended. to the Po,,
der 
Riyer , al1ey.33 


31 Orren.s' Directory, 186.3, 140; Or. Jour. House, 1864, 83. The French 
vo)"ageurs sometimes called the Grand Rond, La. GranJe Yallee, and the 
American settlers subsequently adopte 1 the adjecti,"e as a name for thf:ir 
town, instead of the longer phrase Ville de la Grande JYallee, which was 
meant. 
33 The last road mentioned was one stipulated for in the treaty of IS.3.3 
"ith the Cayuse and L'matilla Indians, which should be 'located and opened 
from Powder Ri,"er or Grand Rond to the western base of the Blue Moun- 
tains, south of the southern limits of the reser,"ations.' The explorations 
wcre made under the direction of H. G. Thornton, by order of \Yrn H. Rector. 
The distance by this road from the base to the summit is sixteen miles; 
from the summit to Grand TIonJ Ri,"er, eiC!hteen miles; and down the rin:r 
to the old emigrant roaù, twcl ve miles. It first touched the Granù HonJ 



THE GRAND ROND 


487 


Such was the magical gro\vth of a country four 
hundred miles frOll1 the seaboard, and but recently 
opened to settlement. In t,venty years it had be- 
COIne a rich and populous agricultural region, holding 
its nlining resources as secondary to the cultivation 
of the soil. 


River about midway between Grand Rond and Powder River valley, and 
turned south to the latter from this point. Ind..Ajf. Rept, 1861, 1.34; Port- 
Luud Ore[Jú'Jtian. Feb. 6, ]862. 



CHAPTER xx. 


MILITARY ORGANIZATION AND OPERATIONS. 


1861-1865. 


ApPROPRIATION ASKED FOR-GENERAL '\VRIGHT-SIX COMPANIES RAISED- 
ATTITUDE TOWARD SECESSIONISTS-FIRST OREGON CAVALRy-ExPE. 
DITIONS OF MAURY, DRAKE, AND CURRy-FORT BOISÉ ESTABLISHED- 
RECONNOISSANCE OF DREW-TREATY WITH THE KLAMATHS AND 1\10- 
Docs-AcTION OF THE LEGISLATURE-FIRST INFANTRY OREGON V OL- 
UNTEERS. 


SOMETIME during the autumn or winter of 1860 the 
military department of Oregon was merged in that 
of the Pacific, Brigadier-general E. V. Sumner COlll- 
manding; Colonel Wright retaining his position of 
commander of the district of Oregon and Washington. 
The regular force in the country being much reduced 
by the drafts made upon it to increase the army in 
the east,! '\V right apologized for the abandoment uf 
the country by troops at a time when Indian ,val'::; 
and disunion intrigue made them seem indispensable, 
but declared that every Ininor consideration lllust give 
way to the preservation of the union. 2 

Fearing lest the emigrant route might be left un- 
protected, a call ,vas made by the people of VV all a 


1 There were only about 700 men and 19 commissioned officers left in the 
whole of Oregon and 'Vashington in IS61. The garrisons left were III men 
under Captain H. .M. Black at Vancouver; 1I6 men under l\iaj. Lugenbeclat 
Colville; 127 men under :Maj, Steen at 'Valla. 'Valla; 41 men under Capt. 
Van V oast at Cascades; 43 men under Capt. F. T. Dent at Hoskins; 110 men 
at the two posts of Steilacoom anù Camp Picket; and 54 men under Lieut- 
colonel Buchanan at The Dalles. U. S. Spn. Doc., 1, vol. ii. 32, 37th congo 
2d sess. Even the revenue cutter Jo Lane belonging to Astoria was ordered 
to New York. Or. Ar[Jus, June 29, 18Gl. 
2 See letter in Or. Statesman, July 1, 1861. 


.( 488) 



INDIAN TROUBLES. 


489 


Walla Valley to form a con1pany to guard the in1n1Ï- 
gration, a plan \vhich was abandoned on learning that 
cono-ress had Inade an appropriation asked for by the 
legi
lature of $50,000 for the purpose of furnishing 
an escort. 3 
Although no violent outbreaks occurred in 1861, 
both the people and the nlilitary authorities \vere ap- 
prehensive that the Indians, learning that civil war 
existed, and seeing that the soldiery \vere \vithdra\vn, 
n1ight return to hostilities, .the opportunities offered 
by the nun1erous small parties of miners travelling to 
antl fro heightening the tempta.tion and the danger.' 
SOI11e color ,vas given to these fears by the conduct 
of the Indians on the coast reservation, \vho, finding 
Fort Urnpqua abandoned, raised an insurrection, took 
possession of the storehouse at the agency, and at- 
teIllpted to return to their former country. They 
\vere ho\vever prevented carrying out their schelne, 
only the leaders escaping, and the guard at Fort II os- 
kins \vas strengthened by a small detachulent frOln 
Fort Yamhil!. Several lllurders having been cornn1Ït- 
ted in the l\Iodoc, Pit River, and Pah Ute country, 
a company of forty lTIen under Lindsey Applegate, 
\vho had been appointed special Indian agent, ,vent 
to the protection of travellers through that region, 
and none too soon to prevent the destruction of a train 
ofinlmigrants at Bloody Point, \vhere they ,vere found 
surrollnded. 5 On the appearance of Applegate's com- 
B Or. Ar[J1lR, June 15, 1861; Congo Globe, 1860-1, pt ii. 1213, 36th eong. 2d 
sess.; Id., 13::!4--5; Id., app. 302. 
40 n the Barlow route to The DaIIes the Tyghe Indians from the 'Varm 
Spring reservation murdered several travellers in the month of July. Among 
the killed were Jarvis Briggs, and his son aged 28 years, residents of Linll 
county, and pionecrs of Oregon, from Terre Haute, Indiana. Or. Statesman, 
Aug. 20, 180!. The murderers of these two were apprchended and hanged. 
The Pit River Indians amI :Modocs killed Joseph Bailey, mcmher elect to the 
Oregon legislature, in August, while driving a herd of 800 cattle to the Nevada 
mines. Bailey was a large and athletic man, and fought desperakly for his 
life, killing several Indians after he was wounded. Samuel ßvan& and John 
Sims were also killed, the remainder of the party escaping. Or. State:,man, 
Aug. 19, ISO!. 
Ó Ind. Aff. Rept, 1863, 59; Portland Oregonian, Aug. 27, ISOl; O. O. Ap- 
,)legafe's .1Ilodoc Ilist., J\1S., 17. Present at this ambush were some of the 

Iodocs celebrated afterwarcl in the war of 1872-3; namely, Sconchin, Scar- 
face, Black Jim, and others. 



490 1\1:ILITARY ORGANIZATION AND OPERATIONS. 


pany the l\Iodocs retreated, and no further violence 
occurred during the season. In anticipation of sin1i- 
lar occurrences, Colonel Wright in June 1861lnade a 
requisition upon Governor \Vhiteaker for a cavalry 
conlpany. It was proposed that the company be en- 
listed for three years, unless sooner discharged, and 
nlustered into the service of the United States, \vith 
the pay and according to the rules and regulations of 
the regular army, with the exception that the com- 
pany should furnish its o\vn horses, for \vhich they 
,vould receive conlpensation for use or loss in service. 
A. P. Dennison, former Indian agent at The Dalles, 
,vas appointed enrolling officer; but the suspicion 
'v hich attached to him, as well as to the governor, of 
sYlnpathy \vith the rebellion, hindered the success of 
the undertaking, which finally was ordered discon- 
tinued,6 and the enlisted men were disbanded. 
In the mean time vVright ,vas transferred to Cali- 
fornia to take the command of troops in the southern 
part of that state, for the suppression of rebellion, 
,vhile Lieutenant-colonel Albemarle Cady, of the 7th 
infantry, was assigned to the command of the district 
of Oregon. Soon after, Wright \vas made brigadier- 
general, and placed in con1mand of the department of 
the Pacific. 7 As troops were withdrawn from the 
6 Or. Statesman, June 17 and Oct. 21, 1861; Or. Jour. House, 1862, app. 
22-4. 
7 He was a native of Vt, graduated from West Point in 1822, and was pro- 
moted to the rank of 2d lieut in the 3d info in July, and to the rank of 1st 
lieut in Sept. of the same year. He served in the west, principally at Jeffer- 
son Barracks, :1\10., and in Inùian campaigns on the frontier, until 1831, whcn 
he was transferred to La, with the 3d inf., occupying the position of adj. to 
that reg. until 1836, when he was promoted to a captaincy in the 8th info 
He served through the Florida war, and under the command of Gcn, Taylor, 
fought at Palo Alto and Resaca de la Palma in 1\lexico, after which he was 
transferred to Scott's command. He received three brevets for gallant scr- 
vices before being promoted to the rank of maj., one in the Florida war, one 
after the battles of Contrcras and Churubusco, 1\lexico, and the last, that of 
col, after the battle of .Molino del Rey. Wright came to the Pacific coast 
with the 5th info in 1832, holding the rank of maj., and was promoted to a 
colonelcy Feb. 3, 183.3, and the following month was appointed to command 
the reg. of 9th inf., for which provision haù j list been made by congress. He 
went east, raised his regiment, and returned in Jan. 183û, when he was or- 
dered to Or. and "Vash. He remained in that military district, as we have 
Bcen, until the summer of 1861. In Sept. he was ordered to S. F., and s.oon 
after relieved Gen. Sumner in the command of the department of the PacIfic, 



E
LISTING FOR THE 'Y AR. 


491 


several posts in Oregon and 'Vashington he replaced 
thenl ,vith volunteer companies from California. On 
the 28th of October 350 volunteer troops arrived at 
'T ancou ver and ,vere sent to garrison forts Yan1hill 
and Steilacoon1. On the 20th of N ovelnber five com- 
panies arrived under the command of 
fajor Curtis, 
t,vo of ,vhich were despatched to Fort Colville, and 
two to Fort Walla WaHa, one remaining at The 
Dalles. 8 
The atternpt to enlist n1en through the state authori- 
ties having failed, the ,var department in November 
Blade Tholnas R. Cornelius colonel, and directed hilll 
to raise ten companies of cavalry for the service of 
the United States for three years; this regin1ent 
being, as it ,vas supposed, a portion of the 500,000 
,v hose enlistment was authorized by the last congress. 
R. F. l\Iaury ,vas comn1issioned lieutenant-colonel, 
Benjamin F. Harding quartermaster, C. S. Dre\v 
luajor, and J. S. Rinearson junior n1ajor. Volun- 
teers for thernselves and horses were to receive thirty- 
one dollars a month, $100 bounty at the expiration of 
service, and a land warrant of 1 GO acres. N ot\vith- 
standing \vages on farms and in the n1ines were high, 
lHen enlisted in the hope of going east to fight. 9 Six 


heing appointed brig.-gen. on the 28th Sept. He remained in command till 
I80,}, when, being transferred to the reëstablished Oregon department, he took 
pa
sage on the ill-fated Brother Jonathan, which foundered near Crescent 
City July 9, 186.3, when 'Vrigbt, his wife, the captain of the ship, De Wolf, 
and 300 passengers were drowned. North Pac'ific Review, i. 216-17. 
8S. ]t
 Alta, Nov. 3 and 14, 1861; Sac. Union, Nov. 16 and 23,1861. The 
officers at 'Valla 'Valla were Ca1?t. 'V. T. 1\IcGrnder, 1st dragoons, lieuts 
Reno and 'Vheeler, and surgeon Thomas A. McParlin. Capts A. Rowell and 
'Yest, of the 4th Cal. reg., were stationed at The Dalles. Or. Statesman, 
Au
. II and Dec. 2, 1801. 
Says J. A. 'Vaymire: 'It "Was thought as soon as we should become 
disciplined, if the war should continue, we would be taken east, should thcre 
be no war on this coast. For my own part, I should have gone to the army 
of the l\1issouri but for this understanding.' H.istoricat Correspondence, 
IS. 
Camps were established in Jackson, 1\Iarion, and Clackamas counties. The 
first company, A, was raised in Jackson county, Capt. T. S. Harris. The 
second, 13, in :l\1arion, Capt. E. J. Harding. Company C was raised at 
Yancouver by Capt. 'Villiarn Kelly. D company was raised in Jackson 
county by Capt. S. Truax; company E by Capt. George B. Curry, in 'Vasco 
county; and company F, of the southern battalion, by Capt. 'Villiam J. 
:Matthews, principally in Josephine county. Captains D. P. Thompson, of 
Oregon City, anù Remick Cowles, of UmDqua county, also raised Cuml)anies, 



492 :MILITARY ORGANIZATION AND OPERATIONS. 


companies being funy organized, the regiInent ,vas 
ordered to Vancouver about the last of J\Iay 1862, 
\y here it was clothed \vith United States uniforills, 
and armed \vith old-fashioned llluzzle-ioading rifles, 
pistols, and sabres; after \v hich it proceeded to The 
Dalles. 
On the 3d of June, Colonel Cornelius arrived at 
Fort \ValIa \ValIa ,vith cOlupanies Band E, and took 
conlmand of that post. About t\VO ,veeks later tbè 
three southern conlpanies fol1o\ved, lnaking a force of 
600. The necessity for SOlTIe nlilita.ry force at henne 
,vas not altogether unfelt. The early reverses of the 
federal arn1Y gave encouragement to secession on the 
Pacific coast. General \V right, on the 30th of April, 
1862, issued an order confiscating the property of 
rebels \vithin the lilnits of his departnlent, and nlak- 
ing sales or transfers of land by such persons illcga1. 10 
Governnlent officers refused to purchase forage or 
provisions from disloyal firIns; and disloyal ne\yspa- 
pers ,vere excluded froin the rnails. J1 


or parts of companies. Brown's Autobiography, 1\1S., 47; Letter of Lieut 'Vay- 
mire, in Histurical Cor'respondence, J\IS.; Rkinehwrt's Oregon Cavalry, 1\1:::\., 
1-2. 
10 A circular was issued from the land office at 'Vashington confining gran t.c;; 
of land to persons 'loyal to the United States, and to such only;' anù requir- 
iug all surveyors and preëmptors to take the oath of allegiance. VI'. Argus, 
March 8, 1862; Or. Statesrnan, 1\larch 3, 1862. 
11 The Alba/lY Democrat was excluùeù from the mails; also the Southern 
Oregon Gazette, the Eugene Democratic Register, and next the Albany In(jllirf'r, 
followeù by the Po'rtland Advertiser, published J)y S. J. 1\1cCormick, and the 
Corvalli8 Union, conducted by Patrick J. :Malone. 'V. G. T'Vault started a 
secession journal at Jacksonville in November 1862, called the Uregun fntdli- 
gpncer. The Alban!! Democrat resumed publication by permission, under the 
charge of James O'AIeara in the early part of February 18()3. In 1\lay 
O'.Meara revived the Eugene Register, under the name of Democratic Re'âew. 
The Democratic State JO'ltrnal at The Dalles was sold in 1863 to 'V. 'V. Ban- 
croft, and changed to a union paper, in Idaho. Union journals were started 
about this time; among them The State Republican, at Eugene City, was first 
published by Shaw & Davis on the materials of the PeojJle's PJ'('ss, in Jan- 
uary 1862, edited by J. 1\1. Gale, and the Union Crusader at the same pl.1ce, 
by A. C. Edmonds, in October, changed in a month to Thp [{erald of Re- 
form. · The first daily published in Oregon was the Portland New8, April IS, 
183!); S. A. English & Co. The Portland Daily Times was first issued Dec. 
19, 1860, and the Portland Daily Oregonian, Feb. 4, 1861. The first news- 
paper east of The DallQs was the 1I10untain Sentinel, a weekly journal startetl 
at La Grande in October 1864, by E. S. J\lcComas. In the spring of 18ôJ 
the 'l'ri- JVeekly Advf'rtlser was started at Umatilla on the materials of the 
Por
land Times, and the following year a democratic journal, the Colllmbia 



FIRST OREGO
 CAVALRY. 


493 


The 1st Oregon cavalry renlained at 'Valla 'Valla 
,vith little or nothing to do until the 28th of July. 
In the lTIean timE{ Cornelius resigned, and Colonel 
Steinberger of the 'Vashington regiulent took conl- 
Inand. 12 It had been designed that a portion of the 
Oregon regiment should lllake an expedition to meet 
and escort the imnligration, and if possible to arrest 
aud punish the nlurderers of the iUllnigrants in the 
autullln of 1860. General Alvord ordered Lieuten- 
ant-colonel 
Iaury, \vith the cOlnpanies of Harris, 
Harding, and Truax, to proceed upon the errand. 13 
The history of the 1st Oregon cavalry fron1 1862 
to 1865 is the history of Indian raids upon the min- 
ing and ne\v farming settleillents, and of scouting and 
fighting by the several companies. Like the volun- 
teers of southern Oregon, they \vere called upon to 
guard roads, escort trains, pursue robber bands to their 
strongholds, avenge nlurders,14 and to make explora- 
tions of the country, lTIuch of \v hich ,vas still un- 
kno \vn. 
In January 1863 a call ,vas Inade for six companies 
of volunteers to fill up the 1st regiment of Oregon 
cavalry, not\vithstandillg a very thorough Inilitia or- 
ganization had been effected under the militia la\v of 
1862, \vhich gave the governor great discretionary 
po,ver and placed several regiulents at his disposal. 
The \vork of recruiting progressed slo\vly, the dis- 


P'i"ess, by J. C. Dow and T. \V. Avery. Neither continued long. Other 
ephemeral publica.tions appeared at Salem, Portland, and elsewhere. In 
ISG.) Oregon had well established 9 weekly and 3 daily journals. 
12 Colonel J ustill Steinberger was of Pierce county, \Vashington TeTI'itory. 
He raised 4 companies of his regiment in California, and arrived with them 
at Vancouver on the 4th of l\Iay, relieying Colonel Cady of the command of 
the district. In July Brigadier-general Alyord arrived at Vancouver to take 
command of the district of Oregon, and Steinberger repaired to \VaHa 'VaHa. 
Olymp'ia llerald, Jan. 28, :I\la.reh 20, April 17, 18G2; Olympia Standard, 
Aug. 9. 1862; Úr. ,"'tatesman, June 30, 1862. 
13 The immigration of 186
 has been placed hy some writers as high as 
30,000, anù probahly reached 2G,OOO. Of these 10.000 went to Oregon, 8,0
O 
to Utah, 8,000 to California. Olympia Standard, Oct. II and 25, 1
62. The 
greater portion of the so-called Oregon immigration settled ill the mining 
region east of the Snake River and in the valleys of Grande Ronde, Powder 
River, John Day, and 'Valla 'Valla. 
H The fate of many small parties must forever remain unknown. 



. 


494 MILITARY ORGANIZATION AND OPERATIONS. 


engaged men of the state ,vho had not enlisted beinO' 
absent in the mines. One company only ,vas raised 
during the summer, and it began to be feared that a 
draft would be resorted to, Provost l\Iarshal J. 1\1. 
Keeler having been sent to Oregon to make an en- 
roln1ent. 
The situation of Oregon at this tin1e ,vas peculiar, 
and not ,vithout danger. The syrnpathy of England 
and France with the cause of the states in rebellion, 
the unsettled question of the north-\vestern portion of 
the United States boundary, kno\vn as the San .J uan 
question, the action of the French governn1ent in 
setting up an empire in l\iexico, t
ken together ,vith 
the fact that no forts or defences existed on the coast of 
Oregon and Washington, that there ,vas a constantly 
increasing elen1ent of disloyalty upon the eastern and 
southern borders, as well as in its midst, 'v hich Inight 
at any time combine ,vith a foreign po,ver or ,vith the 
Indians-all contributed to a feeling of uneasiness. 
Oregon had not raised her share of troåps for the 
service of the United States, and had but seven 
companies in the field, 'v hile California had nearly 
nine regin1ents. California had volunteers in every 
part of the Pacific States, even in the Willanlette 
Valley. Troops ,vere needed to serve on Oregon soil, 
and to protect the Oregon frontier. A post ,vas 
needed at Boisé to protect the imn1igration, and an 
expedition against the Snakes was required. Every- 
thing ,vas done to stimulate a n1ilitary spirit. By the 
n1ilitia la,v, the governor, adjutant-general, and sec- 
retary of state constituted a board of n1ilitary audit- 
ors to a udi t all reasonable expenses incurred by vol- 
unteer companies in the service of the state. This 
board publicly offered premiunls for perfection in 
drill, the test to be Inade at the tin1e of holding the 
state fair at Salem. 


The war department had at length consented to 
allo,v posts to be established at Boisé, and at some 



. 


NE'V GOVERNMENT POSTS. 


495 


point bet,veen the Klamath and Goose Lakes, near 
the southern in1n1igrant road; and in the spring of 
1863 l\Iajor Drew, \vho in l\Iay was promoted to the 
rank of lieutenant-colonel of the 1st Oregon cavalry, 
sent Ca.ptain Kelly with company C to construct and 
garrison Fort Klamath. The remainder of the regi- 
1ll8nt ,vas ernployed in the Walla Walla and Nez 
Percé country in keeping peace between the white 
people and Indians, and in pursuing and arresting 
high\vaymen, ,vhiskey-sellers, and horse-thieves, with 
,vhich the whole upper country ,vas infested at this 
period of its history, and who could seldom be ar- 
rested without the assistance of the cavalry, whose 
horses they kept worn down by long marches to re- 
cover both private and government property. 
On the 13th of June an expedition set out, whose 
object was to find and punish the Snakes, consisting 
of companies A, D, and E, ,vith a train of 150 pack- 
mules under Colonel Maury fran1 the Lapwai agency. 
Following the trail to the Salmon River n1ines, they 
passed over a rugged country to Little Salmon River, 
and thence over a timbered mountain ridge to the 
head ,vaters of the Payette. 15 The cornn1and then 
proceeded by easy marches to Boisé River to meet 
l\Iajor Lugenbeel, who had left Walla VV alIa June 
10th by the imlnigrant road to establish a govern- 
nlent post on that river near the line of travel. On 
July 1st, the day before .l\iaury's arrival, the site of 
the fort was selected about forty miles above the old 
Hudson's Bay Company's fort, and near the site of 
the present Boisé City.16 While at the encampment 


15 Or. Argus, July 27, 1863, contains a good description of this country, by 
J. T. Apperson, lieutenant. 
16 The immigration of 1863 was escorted, as that of the previous year had 
been, by a volunteer company under Captain Medorum Crawford, who we1Ít 
east to organize it, congress haying appropriated $30,000 to meet the expense; 
$10,000 of which was for the protection of emigrants by the Fort Benton and 
:Mullan wagon-road route. See Congo Globe, 1862-3, part ii. app. IS2, 3ith 
congo 3d sess.; letter of J. R. :McBride, in Or. A,.gus, 
Iay 16, 18G3. The 
immigration was much less than in the previous year, only about 400 wagons. 
Among them was a large train bound for the town of Aurora, founded by 



496 :MILITARY ORGANIZATION AND OPERATIONS. 
on Salnlo11 Falls Creek, Curry ,vith t\venty 111en 
111ade an expedition across the barren region bet\veen 
Snake River and the Goose Creek l\Iountains,17 to\vard 
the O\vyhee, through a country never before explored. 
At the saIDe tiule the Inain comlnand proceeded 
along to Bruneau River, on \vhich stream, after a sep- 
aration of eleven days, it \vas rejoined by Curry, \vha 
had travelled four hundred miles over a rough vol- 
canic region. I8 After an expedition by Lieutenant 
"\Vayrnire 19 up Bruneau River, the troops returned 
to 
Fort W ana Walla, 'v here they arrived on the 26th 
of October. 
In l\Iarch l\faury ,vas promoted to the colonelcy 
of the regil11ent, C. S. Dre\v to be lieutenant-colo- 
nel, and S
 Truax to be major. Rhinehart ,vas Inade 
regiu1ental adjutant, with the rank of captain, and 
took cOIDlnand of company A, Harris having re- 
signed at the close of the Snake River expedition. 
Rinearson ,vas stationed at Fort Boisé to conlplete 
its construction. Lieutenants Cald \vell, Drake, and 
Sn1all \vere pronloted to the rank of captain; second 
lieutenants Hopkins, Hobart, l\fcCall, Steele, Hand, 
and U nder\vood to the rank of first lieutenants. Those 
\vho had been promoted from the ranks \vere Way- 
mire, Pepoon, Bo\ven, and J alnes L. Curry. 


The first expedition in the field in 1864 was one 
under Lieutenant WaYlnire consisting of twenty-six 
luen, \v hich left The Dalles on the 1st of l\Iarch, en- 


Dr Keil in l\iarion county several years before, upon the community system. 
Deady's IIist. Or., MS., 78. 
17 The reports of the expedition and the published maps do not agree. 
The latter place the Goose Creek .Mountains to the south-east. Captain 
Curry, however, travelled south-west toward a chain of mountains nearly 
parallel with the range mentioned, which on the map is not distinguished 
by a name, in which the Bruneau and Owyhee rivers take their rise. 
18 Curry says: "Vith the exception of two camps maùe near the summit 
of Goose Creek .Mountains, the remainder were made in fissures in the earth 
so deep that neither the pole star nor the 7-pointers could be seen.' The 
whole of Curry's report of this expedition is interesting and well written. 
See Rept of Adjutant GfJn. of Or., 1866, 28. 
19Waymire, in Historical Correspondence, MS.; S. F. Evening Post, Oct. 
28, 1882. 



WAYMIRE'S EXPEDITION. 


497 


camping on the 17th on the south fork of John Day 
River, thirty-three miles from Cañon City. This 
tenlporary station ,vas called Camp Lincoln. From 
thi8 point he pursued a band of Indian horse-thieves 
to Harney Lake Valley, ,vhere he found before hill1 
in the field a party of llliners under C. H. 1\Iiller. 2O 
The united force continued the search, and in three 
days canle upon t\VO hundred Indians, \vhom they 
fought, killing some, but achieving no signal success. 
Early in June, General Alvord 111ade a requisition 
upon Governor Gibbs for a C0111pany of forty mounted 
Inen, to be upon the same footing and to act as a de- 
tachrnent of the 1st Oregon cavalry, for the purpose 
of guarding the Cañon City road. The proclalna- 
tion \vas nlade, and Nathan Olney of The Dalles ap- 
pointed recruiting officer, \vith the rank of 2d lieuten- 
ant. The ternl of service required ,vas only four 
months, or until the cavalry \vhich ,vas in the field 
should have returned to the forts in the neighborhood 
of the set.tlernents and mines. The people of The 
Dalles, 'v hose interests suffered by the frequent raids 
of the Indians, offered to rnake up a bounty in addition 
to the pay of the governlnent. The C0111pany \vas 
raised, and left rrhe Dalles July 19th, to patrol the 
road bet\veen The Dalles anJthe company of Captain 
Cald\vell, \vhich performed this duty on the south fork 
of John Day River. 
In the sunllner of 1864 every nlan of the Oregon 
cavalry ,vas in the field. Imnlediately after Lieuten- 
ant Wayn1Ìre's expedition a larger one, consisting of 
cOlnpanies D, G, and part of B, \vas ordered to 
Crooked River, there to establish headquarters. 
"\Vith them went twenty-five scouts from the Warnl 
Spring reservation, under Donald l\IcKay, half- 
brother of 'V. C. l\1:cKay. This force left The Dalles 
April 20th, under the comnland of Captain Drake, 
20 Joaquin 'Miller, author subsequently of several poetical works, stories, 
and plays. He had but lately been editor of the Democratic Register of Eu- 
g
ne City, w.hich was suppressed by order of Col. \Vright for promulgating 
disloyal sentIments. 
HISI'. OB. VOL. II. 32 



498 
IILITARY ORGANIZATION AND OPERATIONS. 


being reënforced at Warm Spring by Slnall's com.. 
pany from Vancouver, and arriving at Steen's old canlp 
l\fay 17th, ,vhere a depot ,vas made, and the place 
caned Camp l\iaury. It was situated three miles froln 
Crooked River, near its juncture ,vith Des Chutes, in 
a snlall cañon heavily tinl bered 
vith pine, and abun- 
dantly,vatered by cold nlountain springs. The scouts 
soon discovered a camp of the enemy about fourteen 
Iniles to the east, who had ,vith thern a large number 
of horses. Lieutenants 
lcCall and Watson, \vith 
thirty-five nlen and some of the Indian scouts, set out 
at ten o'clock at night to surround and surprise the 
savages, but when day dawned it \vas discovered that 
they were strongly intrenched behind the rocks. 
l\fcCall directed Watson to advance on the front ,vith 
his men, while he and l\fcKayattacked on both flanks. 
Watson executed his duty promptly, but l\IcCalI, be- 
ing detained by the capture of a herd of horses, ,vas 
diverted from the main attack. On hearing Watson's 
fire he hastened on, but finding himself in the range 
of the guns had to make a detour, which lengthened 
the delay. In the mean tilDe the Indians concentrated 
their fire on those \vho first attacked, and \Vatson ,vas 
shot through the heart while cheering on his rnen, 
two of whom were killed beside hinl, and five others 
wounded. The Indians made their escape. On the 
20th of May Wayn1ire, who had relieved Watson at 
Warm Spring, was ordered to join Drake's command, 
and on the 7th of June all the cOlnpanies concentrating 
at Camp Maury proceeded to Harney Valley, ,vhere 
it ,vas intended to establish a depot, but finding the 
,yater in the lake brackish and the grass poor, the 
plan ,vas abandoned. Somewhere in this region Drake 
expected to meet Curry, \vho \vith A and E compa- 
nies, ten Cayuse scouts under U mho\vlitz, and Colo- 
nel Maury had left 'rV alIa Walla on the 28th of April, 
by ,yay of the immigrant road for Fort Boisé and the 
O\vyhee, but two \veeks elapsed before a junction was 
.made. 



CURRY'S EXPEDITION. 


499 


Curry's expedition on reaching old Fort Boisé ,vas 
reënforced by Captain Barry of the 1st Washington 
infantry, ,vith t,venty-five men. A telnporary depot 
,vas established eight miles up the O\vyheeRiver and 
placed in charge of Barry. The cavalry marched up 
the \vest bank of the ri ,"reI' to the mouth of a tribu- 
tary called J\fartin Creek, formed by the union of 
Jordan and Sucker creeks, near which was the cross- 
ing of the road from California to the O\vyhee mines, 
beginning to be llluch travelled. 21 
On the 25th of May, Curry moved west from the 
ferry eight miles, and established a camp on a small 
strea.m falling into the O,vyhee, which he called Gibbs 
Creek, in honor Jf Governor Gibbs. Here he began 
building a stone bridge and fortifications, \vhich he 
nanled Can1p Henderson, after the Oregon congress- 
nlan; and Rhinehart was ordered to bring up the sup- 
plies left \vith Barry, the distance being about one 
hundred miles bet\veen the points. When Rhinehart 
came up with the supply train he found Curry ab- 
sent on an exploring expedition. Being satisfied from 
all he could learn that he ,vas not yet in the heart of 
the country most frequented by the predatory Ind- 
ians, \v here he desired to fix his encampment, Curry 
lllade an exploration of a very difficult country to the 
south-\vest. 22 
On this expedition, Alvord Valley, at the eastern 
base of Steen Mountain, was discovered;23 and being 
satisfied that hereabout would be found the head- 


21 This road was from Lassen Meadows on the Humboldt, via Starr City, 
and Queen River. It was 180 miles from the Meadows to this ferry, and 65 
thence to Boonville in Idaho. Portland Oregonian, June 25, 1864. 
22 The report of this exploration is interesting. A peculiar feature of the 
scenery was the frequent mirage over dried-up lakes. '\Vhile on this smooth 
s::rface, , he says, speaking of one on the east of Steen Mountain, 'the mirage 

ade our little party play an amusing pantomime. Some appeared to be high 
In the air, others sliding to the right and left like weavers' shuttles. Some 
of them appeared spun out to an enormous length, and the next group 

pindled up: thus a changeable, movable tableau was produced, represent- 
lig everything contortions and capricious reflections could do.' Report of 
Captain Curry, in Rept Adjt Gen. Or., 1866, 37-8. 
23 This statement should be qualified. Waymire discovered the valley J 
and Curry explored it. 



500 :MILITARY ORGA
IZATION AND OPER.A.TIONS. 


quarters of a considerable portion of the hostile Ind- 
ians, Curry detern}ined to Inove the Blain cornlnand 
to this point, and to this end returned to,vard canlp 
Henderson by another route, hardly less \vearisonle 
and destitute of water than the fornler one. The 
place selected for a pern1anent camp was between SODle 
rifle-pits dug in the spring by 'Vaynlire's conn1land 
and the place \v here he fought the Indians, on a 8111a11 
creek conling do,vn froin the hilI8, ,vhich sank about 
three miles fi'om the base of the 1110untains. Earth- 
,yorks ,vere th.ro\vl1 up in the forn1 of a star, to con.. 
stitute a fort easily defended. Through this enclosure 
ran a strealll of pure ,vater, and there was roon1 for 
the stores and the garrison, the little post being 
called Camp Alvord. Here ,vere left Barry's infan- 
try and the disabled cavalry horses and their riders; 
and on the 22d of June Curry set out with the nlain 
cavalry to forIn a junction with Drake, SOllle\vhere in 
the vicinity of Harney Lake, which junction \vas 
effected on the 1st of July at Drake's canlp on Rattle- 
snake Creek, Harney Valley. 
For a period of thirty days captains Drake and 
Curry acted in conjunction, scouting the country in 
every direction where there seemed any prospect of 
finding Indians, and had Ineantinle been reënforced by 
Lieutenant Noble with forty Warm Spring Indians, 
\vhich brought the force in the field up to about four 
hunòred. Sn1all parties were kept continually n1üV- 
ing over the country, along the base of the Blue 
IVlountains, on the head ,vaters of the John Day, and 
over to\vard Crooked River, as well as soutlnvarJ 
to\vard the southern imnligrant trail, which ,vas more 
especially under the protection of Colonel Dre\v. 
Mining and immigrant parties from California were 
frequently fallen in ,vith, nearly everyone of which 
had suffered loss of life or property, or both, a.nd 
'v herever it was possible the troops pursued the Ind- 
ians \vith about the saIne success that the house-düg 
'pursues the limber and burrowing fox. Fe\v skir- 



INDIANS ON JORDA.J.
 CREEK. 


501 


mishes ,vere had, and not a dozen Indians killed fron1 
April to August." In the lnean time all the stock 
"Tas driven off from Antelope Valley, a settled re- 
gion sixty-five Iniles east of The Dalles, and about 
the san1e distance ,vest of the crossing of the south 
fork of the John Day; and nothing but a continuous 
\vall of troops could prevent these incursions. 
About the 1st of August Curry, ,vho \vith Drake 
had been scouting in the l\Ialheur mountains, sepa- 
rated from the latter and returned toward Canlp 
Alvord. Before he reached that post he \vas met by 
an express frOin Fort Boisé, \vith the information that 
a stock farmer on Jordan Creek, a branch of the 
O\vyhee, had been Inurdered, and his horses and cat- 
tle driven off. T\venty-one n1Ïners of the O\vyhee 
district had organized and pursued the Indians eighty 
miles in a south-,vest direction, finding then1 encamped 
in a deep cañon, where they ,,,,ere attacked. The 
Indians, being in great numbers, repulsed the n1iners 
,vith the loss of one killed 24 and t\VO ,vounded. A 
second cOlnpany ,vas being organized, 160 strong, and 
Coloncll\Iaury had taken the field ,vith t\venty-five 
men from Fort Boisé. Curry pushed on to' Canlp 
Alvord, a distance of 350 n}iles, though his c011111}and 
had not rested since the 22d of June, arriving on the 
12th ,vith his horses ,vorn out, and 106 Inen out of 
134 sick \vith dysentery.25 The Warlll Spring Indians, 
,vho \vere constantly moving about over the country, 
brought intelligence ,vhich satisfiéd Curry that the 
nlarauding bands had gone south into Nevada. Con- 
sequently on the 2d of September, the sick having 
partially recovered, the main command ,vas put, ill 
}Hotion to follo\v their trail. Passing south, through 
the then ne,v and faTuous mining district of Puebla 
Valley, \vhere some prospectors \vere at \vork \vith a 
slnall quartz-mill, using sage-brush for fuel, a party 
24 M. 
I. Jordan, the discoverer of Jordan Creek mines, was killed. 
25 J n the absence of medicines, Surgeon Cochrane's supply being exhausted, 
and himself one of the sutferers, an iufusion of the root of the wild geranium, 
founù in that country, proveù effective. 



502 MILITARY ORGANIZATION AND OPERATIONS. 


of five Indians was captured forty nliles beyond. 
Surmising that they belonged to the band ,vhich 
attacked the rancho on Jordan Creek, they would 
have been hanged but for the interference of the 
nlÍners of Puebla, who thought they should be more 
safe if mercy ,vere sho\vn. Yielding to their ,vish es, 
the Indians, who asserted that they were Pah Utes, 
,vere released. But the mercy sho\vn then \vas atro- 
ciously rewarded, for they after\vard returned and 
111urdered these same nliners. 26 The heat and dust of 
the alkali plains of Nevada retarding the con vales- 
cence of the troops, Curry proceeded no farther than 
l\Iud Lake, returning by easy nlarches on the west 
side of Steen l\fountain to Calnp Alvord September 
16th, breaking camp on the 26th and marching to 
Fort 'Valla Wal1a, the infantry and baggage-\vagons 
being sent to Fort Boisé. Curry took the route do\vn 
the l\Ialheur to the immigrant road, where he was lllet 
October 14th by an express from district headquar- 
ters directing him if possible to be at The Dalles 
before the presidential election in N ovenlber, fears 
being entertained that disloyal voters would make that 
the occasion of an outbreak. If anything could infuse 
ne\v energy into the Oregon cavalry, it ,vas a prospect 
of having to put do,vn rebellion, and Curry was at 
Walla Walla twelve days afterward, where the conl- 
mand was fornlally dissoÌ ved, company A going into 
garrison there, the detachment of F to Lapwai, and 
conlpany E to The Dalles, 'v here the election proceeded 
quietly in consequence. Drake's command remained 
in the field until late in autumn, making his head- 
quarters at Camp Dahlgren, on the head ,vaters of 
Crooked River, and keeping lieutenants 'VaYlnire, 
Noble, and others scouring the country between the 
Cascade and Blue mountains. 


While these operations were going on in eastern 
Oregon, that strip of southern country lying along 
26 Report of Captain Curry, in Rept Adjt Gen. Or., 1866, 46. 



ON THE CALIFORNIA FRONTIER. 


503 


the California line bet\veen the Klamath Lakes and 
Steen l\Iountain ",vas being scoured as a separate 
district-being in fact a part of the district of Califor- 
nia. To\yard the last of l\Iarch, Colonel Dre\v, at 
Canlp Baker in Jackson county, received orders fronl 
the department of the Pacific to repair to Fort Klam- 
ath, as soon as the road over Cascades could be trav- 
elled, and leaving there men enough to guard the 
goyernment property, to n1ake a reconnoissance to the 
Ü\vyhee country, and return to Klalllath post. 
The sno,v being still deep on the summit of the 
nlountains, in l\Iay a road ,vas opened through it for 
severalnJÏles, and on the 26th the cOlllmand left Camp 
Baker, arriving at Fort Klainath on the 28th. The 
Indians being turbulent in the vicinity of the fort, it 
becaine necessary to rernain at that post until the 
28th of June, ,vhen the expedition, consisting of thirty- 
nine enlisted Inen, proceeded to '\Tillian1son River, 
and thence to the Sprague River Valley, over a suc- 
cession of !()\v hills, covered for the Inost part \vith an 
open fore
t of pines. 27 He had proceeded no farther 
than Sprague River when his nlarch \vas interrupteù 
by ne\vs of an attack on a train froIl1 Shasta Valley 
proceeding by the ,yay of Klanlath Lake, Sprague 
niver, and Silver Lake to the John Day l\Iines. 28 
Fortunately Lieutenant Davis froll1 Fort Crook, Cal- 
ifornia, \yith ten lllen caIne up ",
ith the train in tilne 
to renJer assistance a.nd prevent a mas
acre. The 


21 Drew's report was published ill 186.3, ill the Jack.<wnville Selltinel, from 
January 
8 to 
larch ll, 18G.3, and also in a pamphlet of 32 pages, printed 
at Jackson ville. It is chiefly a topographical reconnoissance, and as such 
if-. instructi\ge and interesting, but contains few incidents of a military char- 
acter in relation to the Indians; ill fact, these appear to ha\ge been purposely 
l
ft out. But taking the explorations of Drew, which were maòe at some 
distance north of the southern immigrant road, in connection with those of 
Dmke and Curry, it will be seen that a great amount of \'aluable work of a 
character usually performed by expensive government exploring expeditions 
'Was performed by the 1st Oregon ca\Talry in this and the following year. See 
Dr('w's OW!Jhep Rpconnoissance, 1-32. 
2ð This occurred June 23<1 near 
ilver Lake, 85 miles north of Fort Klam. 
ath. The train consisted. of 7 wagons and 1.3 men, several of whom were ac- 
companied by their families. The Indians took 7 of their oxen and 3,500 
pounds of flour. John Richardson was leader of the company. Three men 
w
re wounded. 



504 MILITARY ORGANIZATIO
 AND OPERATIO
S. 


conlpany fell back forty n1iles to a C0l11pany in the 
rear, and sent \vord to Fort Klal11ath, after \vhich 
they retreated to Sprague River, and an ambulance 
haying been sent to take the ,vounded to the fort, 
the inllnigrants all determined to travel under Dre\v's 
protection to the O\vyhee, and thence to the John 
Day. 
Their course 'vas up Sprague River to its head 
,vaters, across the Goose Lake l\Iountains into Dre\v 
Valley, thence into Goose Lake Valley, arounJ the 
head of the lake to a point t\venty-olle 111Ïles dO\Vll 
its east side to an intersection ,vith the illln1igrant 
road frolll the States near Lassen Pass", \vhere a 
number of trains joined the expedition. Pas
ing 
east\vard fron1 this point, Dre\v's route led into Fan- 
dango Valley, 29 a glade a n1Ïle and a half ,vest froin 
the sumn1Ït of the old in1migrant pass, and thence 
over the surnmit of Warner Range into Surprise 
Valley,3O passing across it and around the north end 
of Co\vhead Lake, east\vard over successive ranges 
of rocky ridges do\vn a cañon into Warner Valley, 
and arounù the south side of Warner l\Iountain,31 
,vhere he narro\vly escaped attack by the redoubta- 
ble chief Panina, ,vho \vas deterred only by seeing the 
ho,vitzer in the train. 32 Proceeding south-east over a 
29 So named from a dance being held there to celebrate the meeting of 
friends from California and the States. In the midst of their merrimcnt 
they were attacked, and war's alarms quickly interrupted their festivities. 
Drew',,; Reconnoissance, 9. 
30 Drew says this and not the valley beyond it should have been called 
'Varner Valley, the party under Capt. Lyons, which searched for 'Varner's 
remains, finding his bones in Surprise Valley, a few miles south of the immi- 
grant road. Id., 10. 
:n Drew made a reconnoissance of this butte, which he declared for mili- 
tary purposes to be unequalled, and as such it was held by the Snake Iud- 
ians. A summit on a general level, with an area of more than 100 square 
miles, diversifieù with miniature mountains, grassy valleys, lakes and streams 
of pure water, groves of aspen, willow, and mountain mahogany, and gar- 
dens of service-berries, made it a complete haven of refuge, where its pos- 
sessors coulù repel any foe. The approach from the valley was excecd- 
ingly abrupt, being in many places a solid wall. On its llorth siùe it ro::.e 
directly from the waters of \Varner Lake, which rendered it unassailaLle 
from that direction. Its easiest approach was from the south, by a series 
of Lenches; but an examinatioll of the country at its base discovered the 
fact that the approach used by the -Indians was on the north. 
82 Panina afterward accurately ùescribed the order of march, and the orùer 



DRE'V'S EXPLORATIONS. 


505 


sterile country tq Puebla Valley, the expedition 
turned northward to Calnp Alvord, having lost so 
much time in escort duty that the original design of 
exploring about the head ,vaters of the O,vyhee could 
not be carried out. The last ,vagons reached Dre\v's 
can1p, t,vo miles east of Alvord, on the 31st of Au- 
gust, and frorn this point, \vith a detachn1ent of nine- 
teen nlen, Dre\v proceeded to Jordan Creek Valley 
and Fort Boisé, escorting the immigration to these 
points, and returning to camp September 22d, 'v here 
he found an order requiring his inlnlediate return to 
Fort I{.lanlath, to be present ,vith his conl1nand at a 
council to be held the follo\ving Inonth ,vith the 
I{.lalnaths, J\Iodocs, and Panina's baud of Snake Ind- 
ians. On his return n1arch Dre\v avoideJ going 
around the south-eastern point of the 'Varner l\Ioun- 
tains, finding a pass through them ,vhich shortened 
his route nearly seventy nliles, the road being nearly 
straight bet,veen Steen and Warner l\Iountain
, and 
thence ,vest,vard across the ridge into Goose Lake 
Valley, ,vith a saving in distance of another forty 
Iniles. On rejoining his fornler trail be found it 
travelled by the ilnn1Ïgration to Rogue Ri\Ter Valley, 
,vhich passed do\vn Sprague River and by the :Fort 
Klanlath road to Jacksonville. A line of COlllIlluui- 
cation ,vas opened fronl that place to O,vy hee and 
Boisé, \vhich ,vas deemed ,veIl ,vorth the labor and 
cost of the expedition, the old irnLnigrant route be- 
ing shortened bet,veen t\VO and three hundred Iniles. 
The military gaÍn ,vas the discovery of the haunt of 
Panina and his band at Warner J\fountain, and the 
discovery of the neces:sity for a post in Goose Lake 
Valley.33 


Congress having at length nlacle an appropriation 
of $20,000 for the purpose of nlaking a treaty \vith 
of encamping. picketing, and guarding, with all the details of an advance 
through an enemy's country, showing that nothing escaped his observation, 
anù that what was worth copying he could easily learn. 
331Jay's Scraps, iii. 1
1-2. 



506 MILITARY ORGANIZATION AND OPERATIONS. 


the Indian tribes in this part of Oregon, Superintend- 
ent Huntington, after a preliminary conference in Au- 
gust, appointed a general council for the 9th of Octo- 
ber. The council came off and lasted until the 15th, 
on which day Drew reached the council ground at the 
ford of Sprague River, glad to find his services had 
not been required, and not sorry to have had nothing 
to do \vith the treaty there lllade: not because the 
treaty was not a good and just one, but from a fear 
that the government would fail to keep it. M 


84 The treaty was made between Huntington of Oregon, A. E. Wiley, sup. 
of Ca1., by his deputy, agent Logan of '\Varm Spring reservation, and the 
R.lamaths, 1tiodocs, and Yahooskin band of Snakes. The military present 
were a detachment of Washington infantry under Lieut. Halloran, 'Y. u. 
1tlcKay with 5 Indian scouts, Captain Kelly and Lieutenant Underwood 
with a detachment of company C. The Indians on the ground numbered 
1070, of whom 700 were Klamaths, over 300 l'vlodocs, and 20 Snakes, but 
more than 1,500 were represented. Huntington estimated that there were 
not more than 2,000 Indians in the country treated for, though Drew ana 
E. Steele of California made a much higher estimate. Ind. Ajf. Rept, ISû':;, 
102. Special Agent Lindsey Applegate and McKay acted as counsellors and 
interpreters for the Indians. There was no difficulty in making a treaty with 
the Klamaths. The Modocs and Snakes were more reluctant, but signed the 
treaty, which they perfectly understood. It ceded all right to a tract of coun- 
try extending from the 44th parallel on the north to the ridge which divides 
the Pit and :McLeod rivers on the south, and from the Cascade :Muuntains on 
the west to the Goose Lake l'vlountains on the east. There was reserved a tract 
beginning on the eastern shore of Upper Klamath Lake at Point of Rocks, 
twel ve miles below 'Villiamson River, thence following up the eastern shore 
to the mouth of 'V ood River to a point one mile north of the bridge at Fort 
Klamath; thence due east to the ridge which divides Klamath marsh from 
Upper Klamath Lake; thence along said ridge to a point due east of the 
north end of Klamath marsh; thence due east, passing the north end of Kla- 
math marsh to the summit of the mountain, the extremity of which forms the 
Point of Rocks, and along said ridge to the place of beginning. This tract 
contained, besides much country that was considered unfit for settlement, 
the Klamath marsh, which afforded a great food supply in roots anù see(ls, a. 
large extent of fine grazing land, with enough arable land to make farms for 
all the Indians, and access to the fishery on 'Villiamson River and the great 
or Upper Klamath Lake. The Klamath reservation, as did every Indian res- 
ervation, if that on the Oregon coast was excepted, contained some of the 
choicest country and most agreeable scenery in the state. White persons, ex- 
cept government officers and employés, were by the terms of the treaty for- 
bidden to reside upon the reservation, while the Indians were equally bound 
to live upon it; the right of way for public roads only being pledgeù. The 
U. S. agreed to pay $8,000 per annum for five years, beginning when the 
treaty should be ratified; $5,000 for the next five years, and $;j,OOO for the 
following five years; these sums to be expended, under the direction of the 
presiùent, for the benefit of the Indians. The U. S. further agreed to pay 
$35,0û0 for such articles as should be furnished to the Indians at the time of 
signing the treaty, and for their subsistence, clothing, and teams to begin 
farm.ng for the first year. As soon as practicable after the ratification of the 
treaty, mills, shops, and a school-house were to be built. For fifteen years a 
superintenùent of farming, a farmer, blacksmith. wagon-maker, sawyer, and 



HUNTINGTON.S TREATY. 


507 


Overtures had been made to Panina, but unsuccess- 
fuIly. He had been invited to the council, but pre- 
ferred enjoying his freedom. But an unexpected 
reverse ,vas awaiting the chief. After Superintend- 
ent Huntington had distributed the presents provided 
for the occasion of the treaty, and deposited at the 
fort 16,000 pounds of flour to be issued to such of the 
Indians as chose to rernain there during the ,vinter, 
he set out on his return to The Dalles, as he had 
come, by the route along the eastern base of the 
Cascade 1\Iountains. Quite unexpectedly, ,vhen in 
the neighborhood of the head ,vaters of Des Chutes, 
he can1e upon t,vo Snakes, 'v ho endeavored to escape, 
hut being intercepted, were found to belong to Panina's 
band. The escort in1111ediately encanlped and sent 
out scouts in search of the canlp of the chief, ,vhich 
\yas found after several hours, on one of the tribu- 
taries of the river, containing, ho\vever, only three 
luen, three ,vornen, and t,vo children, who ,vere cap- 
tured and brought to carnp, one of thö ,vornen being 
Panina's \vife. Before the superintendent could turn 
to advantage this fortunate capture, which he hoped 
luight bring hiln into direct cOlnmunication ,vith 
Panina, the Indians nlade a simultaneous attenlpt to 
seize the guns of their captors, 'v hen they were fired 
upon, and three killed, t\VO escaping though ,vounded. 
One of these died a fe\v hours after\vard, but one 
reached Panina's camp, and recovered. By this means 
the chief learned of the loss of four of his \varriors 
and the captivity of his ,vife, \v 110 \vas taken \vith the 
other 'VOluen and children to Vancouver to be held 
as hostages. 
carpenter were to be furnished, and two teachers for twenty-two years. The 
U. S. might cause the land to be surveyed in allotments, which might be 
secured to the families of the holùers. The annuities of the tribe could not 
ùe taken for the debts of individuals. The U. S. might at any future time 
l<;>cate other Inùians on the 
eservation. the parties to the treaty to lose no 
nghts thereby. On the part of the Indians, they pledged themselves not 
to drink intoxicating liquors on pain of forfeiting their annuities; and to obey 
the laws of the U. S.; the treaty to be binding when ratified. 
. The first settler in the Klamath country was George Nourse, who took up 
III August 1863 the land where Linkdlle stands. He was notary puùlie and 
registrar of the Linkton land district. Jacksonville Sentinel, :àlareh 8, 1873. 



508 MILITARY ORGANIZATION AND OPERATIOXS. 


Not long after this event Panina presented hinlself 
at Fort Klanlath, having receiyed a 111essage sent hilll 
frolll the council ground, that he ,vould be perll1itted 
to con1e and go unharmed, and \vished Captain Kelly 
of Fort Klamath to assure the superintendent that 
he ,vas tired of war, and would ,villingly lllake peace 
could he be protected. 35 To this offer of sublnission, 
ans\ver \vas returned that the superintendent ,vould 
visit him the follo,villg Slllllmer \vith a vie\v to rnak- 
ing a treaty. This closed operations "against the 
Indians of southern Oregon for the year, and afforded 
a prospect of permanent peace, so far as the country 
adjacent to the Rogue River Valley "Tas concerned, 
a portion of \vhich had been subject to invasions frolll 
the Klarnath country. Even the U mpqua. Valley 
had not been quite free frolll occasional Inysterious 
visitations, from which hencefor\vard it ,vas to be 
deli vered. 


With the close of the calnpaigns of the First Ore- 
gon Cavalry for 1864, the terln of actual service of 
the original six companies expired. They had per- 
formed hard service, though not of the kind they 
,vould have chosen. Small was the pay, and trifling 
the reward of glory. It ,vas known as the 'puritan 
regiment,' fronl habits of ten1perance and n10rality, 
and was largely cOlnposed of the sons of \vell-to-do 
farrners. Ou t of fifty-one desertions occurring in 
three years, but three 'vere from this class, the rest 
being recruits from the floating population of the 
country. No regiluent in the regular army had stood 
the same tests so heroically. 


When the legislature Jllet in 1864 a bounty act ,vas 
passed to encourage future, not to reward past, volun- 
teering. It gave to every soldier ,vho should enli
t 
for three years or during the \var, as part of the state s 


85 A treaty was made with Panina in the following year, but badly observed 
by him, as the history of the Snake wars will show. 



KE". E
'LIST
IENTS. 


509 


. 
quota under the la\vs of congress, $150 in addition to 
other bounties and pay already provided for, to be 
paid in three instalments, at the beginning and end 
of the first year, and at the end of the term of service 
either to him, or in case of his dernise, to his heirs. 
]j-'or the purpose of raising a fund for this use, a tax 
\\raS levied of one lnill on the dollar upon all the tax- 
able property of the state. 36 At the same time, ho\v- 
ever, an act \vas passed appropriating $100,000 as a 
fund out of which to pay five dollars a lllonth addi- 
tional cOlnpensation to the volunteers already in the 
service. 37 
On the day the first bill ,vas signed Governor Gibbs 
issued a proclalnation that a requisition had been 
Blade by the departlnent comlnander for a regiment 
of infantry in addition to the volunteers then in the 
service of the United States, ,vho \vere "to aid in the 
enforcement of the la\vs, suppress insurrection and in- 
vasion, and to chastise hostile Indians" in the mili- 
tary district of Oregon. Ten companies were called 
for, to be known as the 1st Infantry Oregon V olun- 
teers, each company to consist of eighty-t\vO privates 
n1ilximum or sixty-four lninimum, besides a full corps 
of regimental and staff officers. The governor in his 
proclalnation made an earnest appeal to county offi- 
cers to avoid a draft by vigorously prosecuting the 
business of procuring volunteers. Lieutenants' con1- 
ll1issions ,vere imlnediately issued to n1en in the sev- 
eral counties as recruiting officers,3S conditional upon 
their raising their cOll1panies \vithin a prescribed tin1e, 
when they would be proilloted to the rank of captain. 39 


86 Or. LawR, 1866, 98-110. 
87Id., 104-8; Rhinehart's Oregon Oaval1'y, MS., 15. 
88 A. J. Borland, Grant county; E. Palmer, Yamhill; Charles Lafollet, 
Polk; J. 1\1. Hale, Clatsop; 'V. J. Shipley, Benton; 'V. S. Powell, 1\Iultno- 
mah; C. P. Crandall, 
larion; F. O. .McCown, Clackamas; T. Humphreys, 
Jackson, were commissioned 2ù lieutenants. 
iW Polk county raised $1,200 extra bounty rather than fail, and completed 
her enlistment, first of all. Josephine county raised $2,500, and Clackamas 
offered similar inùucements. POl'tland Uregonian, Nov. 30, 1864, Feb. 14. 
1863. 



510 :MILITARY ORGANIZATION AND OPERATIONS. 


Six cornpanies were fornled ,vithin the lilnit, and t\VO 
nlore before the first of April 1865. 40 
Early in January 1865 General lVlcDo,velllnade a re- 
quisition for a second regilnent of cavalry, the existing 
organization to be kept up and to retain its nalne of 
1st Oregon cavalry, but to be filled up to t\velve COlll- 
panies. In n1aking his proclamation Governor Gibbs 
reminded those liable to perform lnilitary duty of the 
bounties provided by the state and the general gov- 
ernment ,vhich would furnish horses to the ne\v regi- 
n1ent. But the response ,vas not enthusiastic. About 
this time the district ,vas extended to include the 
southern and south-eastern portions of the state, here- 
tofore attached to California, while the Boisé and 
O\vyhee region was nlade a subdistrict of Oregon, 
c0111manded by Lieutenant Colonel Drake. These 
arrangements left the military affairs of Oregon en- 
tirely in the hands of her o\vn citizens, under the 
general con1nland of General l\IcDo\vell, and thus 
they remained through the 8Ulnmer. On the 14th 
of July Co]t)nell\Iaury retired, and Colonel B. Curry 
took the cOlllmand of the district. 


In the summer of 1864 General Wright, though 
retaining cOIllnland of the district of California, \vas 
relieved of the comInand of the department of the 
Pacific by General l\IcDowel1, ,vho in the month 
of August paid a visit of inspection to the dis- 
trict of Oregon, going first to Puget Sound, ,vhere 
fortifications were being erected at the entrance to 
Adrniralty Inlet, and thence to Vancouver on the 
revenue cutter Shubrick, Captain Scamrnon. On the 
13th of Septenlber he inspected the defensive ,yorks 
under construction at the mouth of the Columbia, 


40 The following were the lieutenants in the regiment: William J. Ship- 
ley, Cyrus H. Walker, Thomas H. Reynolds, Samuel F. Kerns, John H. 
Dimick, Darius B, Randall, \Villiam M. Rand, \Villiam Grant, Harrison B. 
Oatman, Byron Barlow, \Villiam R. Dunbar, John \V. Cullen, Charles ß. 
Roland, Charles H. Hill, Joseph NI. Gale, James A. Balch, Peter P. Gates, 
Daniel \V. Applegate, Charles N. Chapman, Albert Applegate, Richard }'ox 
(vice Balch). Report Ad}t Gen. Or., 18G6, pp. 217-221. 



FORTIFICATIONS. 


511 


which ,vere begun the previous year. For this pur- 
pose congress had in 1861-2 appropriated $100,000 
to be expended at the n10uth of the Columbia, and 
,vith such rapidity had the work been pushed forward 
that the fortifications on Point Adan1s, on the south- 
ern side of the entrance to the river, were about com- 
pleted at the time of McDowell's visit. With the 
approval of the war department, Captain George El- 
liot of the engineering corps named this fort in honor 
of General I. J. Stevens, who fell at the battle of 
Chantilly, September 1, 1862. 41 
Ilnmediately on the completion of this fort corre- 
sponding earthworks were erected on the north side of 
the entrance to the river on the high point known as 
Cape Disappointment, but recognized by the depart- 
ment as Cape Hancock. Both of these fortifications 
'\vere completed before the conclusion of the civil war, 
,vhich hastened their construction, and were garri- 
soned in the autuIIln of 1865.'2 In 1874, by order of 
the war department and at the suggestion of Assist- 
ant adjutant-general H. Clay Wood, the military post 
at Cape Hancock was named Fort Canby, in honor 
of ßlajor-general Edward R. S. Canby, ,vho. perished 
by assassination during the Modoc war of 1872-3, 
and the official name of the cape was ordered to be 
used by the army. 


41 Fort Stevens was constructed of solid earthworks, just inside the en. 
trance, and was made one of the strongest and best armed fortifications on 
the Pacific coast. It was a nonagon in shape, and surrounded by a ditch thirty 
feet in width, which was again surrounded by earthworks, protecting the 
walls of the fort and the earthworks supporting the ordnance. Or. A7'g1tS, 
June 5 and 29, 1863; Ibid., Aug. 18, 1863; Victor's Or., 40-1; Surgeon Gen. 
Circ" 8, 484-7. 
42 On Cape Disappointment was a light-house of the first class, rising from 
the highest point. Extending along the crest of the cape on the river side 
were three powerful batteries mounted on solid walls of earth. Under the shel- 
ter of the cape, around the shore of Baker Bay, were the garrison buildings 
and officers' quarters. It was and is at present one of the prettiest places 
on the Columbia, though rather inaccessible in stormy weather. Surgeon 
Gen. Circular, 8, 461; Victor's Or., 36-8; Uverland Monthly, viii. 73-4; Steel's 
Rifle Regt, MS., 5; Portland Oregonian, April 4, 1864, Oct. 19, 1865; s. F. 
Bulletin, Nov. 25, 1864; Or. Pioneer Hist. Soc., 7-8. 



CHAPTER XXI. 


THE SHOSHONE WAR. 
1866-1868. 


COMPANIES AND CAMPS-STEELE'S 
IEASURES-HALLECK HEADSTRONG-- 
BATTLE OF THE OWYHEE-INDIAN RAIDS-SUFFERINGS OF THE SETTLERS 
AND TRA
SPORTATION 11EN-MoVEMENTS OF TROOPR-ATTITUDE OF Gov- 
ERNOR \YooDs-FREE }'IGHTING-ENLISTMENT OF INDIANS TO FIGHT 
INDIANS-MILITARY REORGANIZATION-AMONG THE LAVA-BEDS-CROOK 
IN CO
lMAND-ExTERMINATION OR CONFINEMENT AND DEATH IN RESER- 
V ATIONS. 


IN the spring of 1865 the troops were early called 
upon to take the field in Oregon and Idaho, the roads 
bet\veen The Dalles and Boisé, bet\veen Boisé and 
Salt Lake, bet\veen O\vyhee and Chico, and O\vyhee 
and Hurnboldt in California, Leing unsafe by reason of 
Indian raids. A hundred men \vere sent in April to 
guard The Dalles and Boisé road, \vhich, o\ving to its 
length, 450 miles, they could not do. In May, com- 
pany B, Oregon volunteers, Captain Palmer, l1Ioved 
fron1 The Dal1es to escort a supply-train to Boisé. 
Soon after arriving, Lieutenant J. W. Cullen \vas 
dircted to take t\venty ITIen and proceed 150 n1Ïles far- 
ther to CaInp Reed, on the Salmon Falls Creek, \vhere 
he ,vas to remain and guard the stage and inunigrant 
road. Captain Palrner was ordered to establish a SUlll- 
rner camp on Big Camas prairie, \vhich he caned CanIp 
Wallace. From this point Lieutenant C. H. Walker 
,vas sent \vith t\venty-t\VO enlisted men to the Three 
Buttes, ] 10 miles east of Cam p 'Vallace, to look out for 
the ilnnIigration. Leaving Inost of his comlnand at 
Three Buttes, Walker proceeded to Gibson's ferry, 
( ð12 ) 



CA!\IP LANDER. 


513 


above Fort Hall, ,vhere he found a great number of 
,vagons crossing, and no unfriendly Indians. On re- 
cei \
incr orders, ho\vever, he ren10ved his con1pany to 
the fe
ry, ,vhere he remained until September 19th, 
after \vhich he proceeded to Fort Hall to prepare \vinter 


ô".'s 


SCALE OF NILES 
10 20 30 


40 


WESTERN OREGON. 


quarters, Palmer's company being ordered to occupy 
that post. The old fort was found a heap of ruins; but 
out of the adobes and some abandoned buildings of the 
overland stage company, a shelter ,vas erected at the 
junction of the Salt Lake, Virginia City, and Boisé 
roads, \vhich station was named Call1p Lander. This 
HIsT. OB., VOL. II. 33 



514 


THE SHOSHONE WAR. 


post and Camp Reed \vere maintained during the win- 
ter by the Oregon infantry, the latter having only tents 
for shelter, and being exposed to severe hardships.1 In 

lay detachments of Oregon cavalry were ordered from 
The Dalles, under lieutenants Charles Hobart and 
James L. Curry, to clear the road to Cañon City, and 
thence to Boisé, from which post Major Drake ordered 
Curry to proceed to Rock Creek, on Snake River, to 
escort the mails, the Indians having driven off all 
the stock of the overland stage company from several 
of the stations. 
Lieutenant Hobart proceeded to Jordan Creek, 
"rhere he established a post called Camp Lyon, after 
General Lyon, who fell during the war of the rebellion, 
at Willo\v Creek in Missouri. Soon after, being in 
pursuit of SOllIe Indians who had again driven off 
stock on Reynolds Creek, he \vas himself attacked 
,,"hile in camp on the Malheur, having the horses of his 
COlnnland stampeded; but in a fight of four hours, dur- 
ing which he had t\VO men wounded, he recovered hi.3 
o\vn, took a part of the enemy's horses, and killed and 
"rounded several Indians. 2 Captain L. L. Willianls, 
of con)pany H, Oregon infantry, who was employed 
guarding the Cañon City road, was ordered from camp 
Watson in September, to proceed on an expedition to 
Selvie River, Lieutenant Bowen of the cavalry be- 
ing sent to join him \vith t\venty-five soldiers. Before 
Bo\ven's arrival, Williams' conlpany performed some 
of the best fighting of the season under the great- 
est difficulties; being on foot, and compelled to march 
a long distance surrounded by Indians mounted and 
afoot, but of \VhOnl they killed fifteen, with a loss 
of one man killed and two "rounded. S Williams re- 
nlained in the Harney Valley through the \vinter, 
establishing Canlp Wright. 
1 Lieut Walker here referred to is a Ron of Rev. Elkanah Walker, a mission- 
ary of 1835. 
2 Boisé City Statesman, July 13 and 18, 1865. Hobart was afterward a cap- 
tain in the regular army. Albany States Rights- Democrat, July 2, 1875. . 
8 Report of Lt Williams in Rept Adjt GQn. 07". 1866, 82-98. L. L. WIll. 
.iams was one of the Port Orforù party which suffered so severely in 1851. 



CURRY AND SPRAGUE. 


515 


In addition to the Oregon troops, Captain L. S. 
Scott, of the 4th California volunteer infantry, \vas 
en1ployed guarding the road to Chico, being st
tioned 
in Paradise Valley through the sunlmer, but ordered 
to Silver Creek in Septelnber, where he established 
Canlp Curry. 
Colonel Curry had succeeded to the comnland of 
the district of the Columbia on the death of General 
vVright, \vhile en route to Vancouver to aSSUll1e the 
con1mand, by the foundering of the stean1ship Brother 
Jonathan. In order to obviate the inconvenience of 
long and un\vieldly transportation trains, and in order 
also to carryon a "Tinter campaign, \vhich he believed 
would be lllost effectual, a.s the Indians would then be 
found in the valleys, Curry distributed the troops 
in the follo,ving can1ps: Canlp Polk on the Des Chutes 
River, Carnp Curry on Silver Creek, Camp Wright. 
on Selvie River, camps Logan and Colfax on the 
Cañon City and Boisé road, Camp Alvord in Alvord 
Valley, Camp Lyon on JordB.Jn Creek, Idaho, CanJp 
Reed near Salnlon Falls, and Camp Lander at old Fort 
Hall, Idaho. But with all these posts the country 
continued to suffer with little abatement the 'Scourge 
of frequent Indian raids. 
Early in October Captain F. B. Sprague, of the 
1st Oregon infantry, was ordered to examine the route 
between Camp Alvord and Fort Klamath, with a vie\v 
to opening communication with the latter. Escorted 
by eleven cavalrymen, Sprague set out on the 10th, tak- 
ing the route by Warner Lake over which Drew had 
made a reconnoissance in 1865, arriving at Fort Klan1- 
ath on the 17th \vithout having seen any Indians. 
But having COllIe from Fort Klamath a month previ- 
ous, and seen a large trail crossing his route, going 
south, and not finding that any fresh trail indicated the 
return of the Indians, he canle to the conclusion that 
they were still south of the Drew road, bet\veen it and 
Surprise Valley, where Camp Bidwell was located. 
On making this report to Major Rheinhart, in com- 



516 


THE SHOSHONE 'Y AR. 


mand at IClalllath, he ,vas ordered to return to Calnp 
Alvord by the ,yay of Surprise Valley and arrange co- 
operative Illeasures with the cOlnnlander of the post 
there. But \vhcn he arrived at Camp Bid\vell on the 
28th, Captain Starr, of the second California volunteer 
cavalry, in cOlnmand, was already under orders to re- 
pair \vith his cOlnpany, except twenty-five n1en, to Fort 


EAsTERN OREGON, CAMPS AND FORTS. 


Crook, before the Inountains becan1e impassable with 
snow. He decided, however, to send ten men, under 
Lieutenant Backus, with Sprague's escort, to prove the 
supposed location of the main body of the Indians. 
On the third day, going north, having arrived at 
Warner's Creek, which enters the east side of the lake 
seven miles south of the crossing of the Dre\v road, 



DISBANDMENT OF VOLUNTEERS. 


517 


,vithout falling in with any Indians, Backus turned 
back to Carnp Bidwell, and Sprague proceeded. 
No sooner had this occurred than signs of the enemy 
began to appear, \vho were encountered, 125 strong, 
about t\\TO n1iles south fronl the road. While the 
troops ,vere passing an open space bet\veen the lake and 
the steep side of a nIountain they \vere attacked by the 
savages hidden in trenches made by land-slides, and be- 
hind rocks. Sprague, being surprised, and unable either 
to clilnb the mountain or swim the lake, baIted to take in 
the situation. The attacking parties \vere in the front 
and rear, but he observed that those in the rear \vere 
armed \vith bo\vs and arrows, while those in front had 
anlong thell1 about twent.y-five rifles. The forIner \vere 
leaving their hiding-places to drive hinl upon the lat- 
ter. Observing this, he Juade a sudden charge to the 
rear, escaping unharmed aud returning to Camp Bid- 
,veIl. 
Captain Star
 then determined to hold his company 
at that post, and coöperate with Camp Alvord against 
those Indians. But when Sprague arrived there by 
a.nother route he found the cavalry balf disnlounted 
by a recent raid of these ubiquitous thieves, and the 
other half absent in pursuit;4 thus a good opportunity 
of beginning a \vinter campaign ,vas lost. But an im- 
portant discovery bad been made of the principal 
rendezvous of the Oregon Snake Indians-a kno\vledge 
,vhich the regular arlny turned to account \vhen they 
succeeded the volunteer service. 
In October, before Curry had thoroughly tested 
his plan of a \vinter campaign, orders \vere received to 
muster out the volunteers, and \vith theln he retired 
from the service. He \vas succeeded in the cornmand 
of the departrnent by Lieutenant-colonel Drake, \v ho 
in turn ,vas rnustered out in December. Little by 
little the whole volunteer force \yas disbanded, until 
in June 1866 there renlaiued in the service only conl- 


. f
am
s Alderson of Jacksonville, a good man, who was onguarù, was killed 
In thIs raId. Portland Uregonian, Dec. 4, 18û5. 



518 


THE SHOSHONE WAR. 


pany B, 1st Oregon cavalry, and conlpany I, 1st Oregon 
infantry. All the various camps in Oregon were 
abandoned except Camp Watson, against the removal 
of ,vhich the n1erchants of The Dalles protested,5 and 
Canlp Alvord, ,vhich ,vas renloved to a little different 
location and called Camp C. F. Smith. Camp Lyon 
and Fort Boisé were allowed to remain, but forts 
Lapwai and Walla WalIa were abandoned. These 
changes were rnade preparatory to the arrival of several 
conlpanies of regular troops, and the opening of a new 
can1paign under a new department commander. 


The first arri val in the I ndian country of troops fron1 
the east was about the last of October 1865, when 
t\VO companies of the 14th infantry were stationed at 
Fort Boisé, \vith Captain Walker in command, \vhen 
the volunteers at that post proceeded to Vancouver 
to be nlustered out. No other changes occurred in 
this part of the field until spring, the United States 
and Oregon troops being fully employed in pursuing 
the omnipresent Snakes. 6 Toward the Iniddle of 
February 1866, a large amount of property having 
been stolen, Captain \Valker made an expedition with 
thirty-nine nlen to the mouth of the O\vyhee, and into 
Oregon, between the Owyhee and Malheur rivers, conl- 
ing upon a party of t\venty-one Indians in a cañon, 
and opening fire. A vigorous resistance was made 
before the savages would relinquish their booty, \vhich 
they did only \vhen they were all dead but three, ,vho 
escaped in the darkness of cOIning night. Walker 
lost one man killed and one wounded. 
On the 24th of February Major-general F. Steele 


6 DaUes },{ountaineer, Apri120, 1866. 
6 A man named Clark was shot, near the mouth of the Owyhee, while en- 
camped with other wagoners, in Nov. ; 34 horses were stolen from near Boisé 
ferry on Snake Ri ver in Dec.; and the pack-mules at Camp AI vord were stolen. 
Captain Sprague recovered these latter. Feb. 13th the rancho of Andrew 
Hall, 13 miles from Ruby City, was attacked, Hall kiHed, 50 head of horses 
driven off, and the premises set on fire. Bo.isé S:atesman, Feb. 17, 18GG; Id., 

larch 4, 18G6. Ada County raised a company 0.'" volunteers to pursue the
 
Indians, but they were not overtaken. Ind. .A.fJ. (lept, 1866, 187-8; .Austm 
Recðe River Reveille, 
Iarch 13, 1866. 



CAMPS AND CO:M
IANDERS. 


519 


took COIDll1and of the departulent of the Colun1bia. 
There \vere in the departnlent at that tinIe, besides 
the volunteer force \vhich amounted numerically to 
553 infantry and 319 cavalry, one battalion of the 
14th United States infantry, numbering 793 lllen, and 
three con1panies of artillery, occupying fortified \yorks 
at the nlouth of the Colun} bia and on San Juan Island. 
These troops, exclusive of the artillery, were scattered 
in snlall detachments over a large extent of country, 
as \ve already kno\v. 
On the 2d of l\Iarch the post of Fort Boisé, ,vitIl 
its dependencies, camps Lyon, Al vord, Reed, and Lan- 
der, ,vas erected into a fullll1ilitary district, under the 
comnland of 
Iajor L. H. 1\larshall, \yho arrived at 
district headquarters about the 20th, and immediately 
lllade a requisition upon Steele for three more COlll- 
panies. In April Colonel J. B. Sinclair of the 14th 
infantry took the conuuand at Camp Curry, \vhich 
he abandoned and proceeded to Boisé. Fort Boisé 
received about this tiule a company of the same regi- 
lllent, under Captain IIinton, \vithdra\vn froll1 Cape 
Hancock, at the l11uuth of the Colunlbia, and another, 
under Lieutenant-colonel J. J. Coppinger, \vithdra,vn 
frotH The Dalles. 
Calnp'Vatson received two cOlnpanies of cavalry, 
under the cOlllllland of Colonel E. 1\1. Baker. Catllp 
C. F. Sn1ith received a cavalry COlllpallY under Cap- 
tain David Perry, \vho luarched into Oregon fronl 
the south by the Chico route; and Calnp Lyon recei ved 
another under Captain Janl
s C. Hunt, ,vho entered 
Oregon by the Humboldt route. At Canlp Lyon also 
,vas a COlnpany of the 14th infantry under Captain P. 
Collins, and one of the 1st Oregon infantry under 
Captain Sprague. From this it ,vill be seen that lnost 
of the troops \vere n1assed in the Boisé n1ili tary dis- 
trict, only Baker's t\VO companies being stationed 
\vhere they could guard the road bet\veen The Dalles 
and Boisé, ,vhich ,vas so infested that the express 
cOll
pany refused to carry treasure over it, half a dozen 



520 


THE SHOSHONE WAR. 


successful raids having been made on the line of the 
road before the first of May. 
Although Steele's first action was to cause the 
abandonment of nlost of the camps already established, 
as I have noticed, as early as March 20th, he wrote 
to General Halleck, con1manding the division of the 
Pacific, that the Indians had commenced depredations, 
,vith such signs of continued hostilities in the southern 
portions of Oregon and Idaho that he should reCOill- 
n)end the establishment of t\VO posts during the sum- 
Iller, from which to operate against them the follo\v- 
ing ,vinter, one at or near Camp Wright, and another 
in Goose Lake Valley, from which several roads 
diverged leading to other valleys frequented by hostile 
Snakes, Utes, Pit Rivers, Modocs, and Klamaths. 
On the 28th of March J\fajor Marsballled an ex- 
pedition to the Bruneau River, 110 miles, finding only 
the unarmed young and old of the Snake tribe, to the 
number of 150. On returning about the middle of 
April he ordered Captain Collins, with a detachment 
of Company B and ten men from the 14th infantry, 
to proceed to Squaw Creek, a small stream entering 
Snake River a fe\v nliles below the nlouth of Rey- 
nolds Creek, and search the cañon thoroughly, not 
only for Indian foes, but for white men who were 
said to be in league with them, and who, if found, 
,vere to be hanged without further ceremony. Being 
unsuccessful, Collins was sent to scout on Burnt 
River and Clark Creek. 
On the 11 th of J\Iay Marshall again left the fort 
with Colonel Coppinger and eighty-four DIen, to scout 
on the head-,vaters of the O\vyhee. He found a 
large force of Indians at the Three Forks of the 
O\vyhee, strongly posted between the South and Mid- 
dle forks. The river being impassable at this place, 
he n10ved down eight miles, where he crossed his 
lTIen by Ineans of a raft. As they \vere about to 
advance up the bluff, they were fired on by Indians 
concealed behind rocks. A battle now occurred \v hich 



MARSHALL'S DEFEAT. 


521 


lasted four hours, in which seven of the savages \vere 
killed and a greater nunlber \vounded; but the Indians 
being in secure possession of the rocks could not be 
dislodged, and 11a.rshall was forced to retreat across 
the ri vel', losing his raft, a ho\vitzer, SOllle provisions, 
and some alnmunition ,vhich was thro\vn in the river. 
His loss in killed ,vas one non-colllnlÍssioned officer. 7 
His rout, notwithstanding, was cOlnplete, and to ac- 
count for the defeat he reported the nUlnber of Indians 
engaged at 500, an extraordinary force to be in any 
one canlp. 
And thus the ,val' \vent on, frorIl bad to ,vorse. 8 
On the 19th of 
Iay a large company of Chinalnen, 
to \vhom the Idaho nlines had recently been opened, 
,vere attacked at Battle Creek, 'v here Jordan and 
others \vere killed, and fifty or sixty slaughtered, the 
frightened and helpless celestials offering no resi
tance, 
but trying to make the savages understand that they 
\vere non-combatants and begging for mercy.9 Pepoon 
hastened to the spot, but found only dead bodies stre\vn 


., A detachment of the Oregon cavalry accompanied Marshall on this ex- 
pedition, and blamed him se\'erely for inhumanity. A man named Phillips, 
an Oregonian, was lassoed and drawn up the cliff in which the Indians w
re 
lodged, to be tortured and mutilated. Lieut Silas Pepoon of the Oregon 
cavalry wished to go to his rescue, but was forbidden. He also left 4 men on 
the opposite bank of the river, who were cut off by the swamping of the raft. 
The volunteer commanders would never have abandoned their men without 
an effort for their rescue. See U. S. .JIess. and Docs, 1866-7, 501, 39th eong. 
2d sess, 
8 During the night of the 4th of 1Iay sixty animals were stolen from 
packers on Reynolds Creek, eigbt miles from Ruby City. None of the trains 
were recovered. The loss and damage was estimated at $10,000. Dalles ..Moun- 
taineer, May 18, 1866. About the 25th of 11ay, Beard and .Miller, teamsters 
from Chico, on their way to the Idaho mines, lost 421 cattle out of a berd of 
460, driven off by the Indians. About the 20th of June, twenty horses were 
stolen from \Var Eagle :Mountain. above Ruby City. On the 12th of June, C. 
C. Gassett was murdered on his farm near Ruby City, and 100 head of stock 
driven off, Early in July, James Perry, of :Michigan, was murdered by the 
Indians. his arms and legs chopped off, and his body pinned to the ground, 
along with a man named Green, treated in the same manner. 
9 Travellers over the road reported over 100 unbuded bodies of Chinamen. 
The number killed has been variously reported at from 50 to 150. One boy 
escaped of the whole train. He represented his countrymen as protesting, 
'
Ie bellee good Chinaman! 1Ie no fightee!' But the scalps of the Chinamen 
seemed specially inviting to the sa\"ages. Butler's Life and Times, 11
., 11- 
12. Their remains were afterward gathered anù buried in one grave. .Starr's 
Idaho, }VIS,. 2; [T. S. Spc. Int. Rp/Jt, 1867-8,97, 40th congo 2d sess.; Owyhee 
Index, 
Iay 26, 1866; Owyhee News, June 1866. 



522 


THE SHOSHONE WAR. 


along the road for six nlÍles. This slaughter ,vas fol- 
lo\ved by a raid on the horses and cattle near Boon- 
ville, in which the Indians secured over sixty head. 
As they used both horses and horned stock for food, 
the conclusion \vas that they were a numerous people 
or valiant eaters. 
Repeated raids in the region of the O\yyhee, with 
,vhich the nlilitary force seemed unable to cope, led 
to the organization, about the last of June, of a volun- 
teer company of bet\veen thirty and forty Dlen, under 
Captain I. Jennings, an officer who had served in the 
civil war. On the 2d of July they can1e upon the 
Indians on Boulder Creek, and engaged then), but 
soon found themselves surrounded, the savages being 
in superior force. Upon discovering their situation, 
the volunteers intrenched themselves, and sent a Ines- 
senger to Calnp Lyon; but the Indians were gone 
before help came. The loss of the volunteers was one 
man killed and two wounded. 1u The Indian loss ,vas 
reported to be thirty-five. 
The cOlnmander of the district of Boisé did not 
escape criticisnl, having established a canlp on the 
Bruneau River \vhere there \vere no hostile Indians, 
and, it \vas said, shirked fighting ,vhere they \vere. ll 
But during the n)onth of August he scouted through 
the Goose Creek l\Iountains, killing thirty Indin.ns, 
after which he nlarched in the direction of the forks of 
the O\vyhee, \vhere he had a successful battle, and 
retrieved the losses and failure of the spring call1paign 
by hanging thirty-five captured savages to the lilnbs 
of trees. 12 He proceeded from there to Steen 
Ioun- 


10 Thomas B. Cason, killed; Aaron Winters and Charles Webster wounded. 
Cason had built up around him a stone fortification, from which he shot in the 
2 days 15 Indians, and was shot at last in his little fortress. Sec. lilt. Rept, 
1867-8, iii., 40th congo 2d sess., pt 2, 97; Boisé Statesman, July 7 anù 10, 
1866: Sac. Union, July 28, 1868. 
11 Boisé Stoteqman, July 20, 1866. 
{arshal1 designed erecting a permanent 
post on the Bruneau, and had expended several thousanù dollars, when or- 
ders came from headquarters to suspend operations. A one-company camp 
was permitted to remain during the year. 
U Yreka Union, Oct. 20, 1866; Haye:l Scraps, v., Indians, 228. 



INDIAN DEPREDATIONS. 


523 


tain, Calnp 'Varner, Warner Lake, \vhere he arrived 
on the Ist-{)f October. 


In the nlean time the stage-lines and transportation 
companies, as ,veIl as the stock-raisers, on the route 
Let\veen The Dalles and Cañon City, and bet\veen 
CalÌon City and Boisé, ,vere scarcely less annoyed and 
injured than those in the nlore southern districts. 13 
Colonel Baker ernployed his troops in scouring the 
country, and follo\ving Inarauding bands ,vhen their 
depredations \vere known to hinl, 
Thich could not often 
be the case, o\ving to the extent of country over \vhich 
the depredations extended. On the 4th of July 
Lieutenant R. F. Bernard, \vith thirty-four cavalry- 
lllen, left Canlp "\tVatsoIl in pursuit of Indians \vho 


13 In l\Iay the Indians drove off a herd of horses from the 'Yarm Spring 
reservation, and murdered a settler on John Day Hiver named John \Vitner. 
In June they attacked a settler on Snake River, near the 'Yeiser, and on the 
main tra,-elled road, driving off the pack-animals of a train encamped there. 
In August they robbed a farm on Burnt River of 8300 worth of property, 
while the men were mowing grass a mile away; stole 54 mules and 18 beef- 
cattle from Camp 'Vatson; and attacked the house of N. J. Clark, on the 
road, which they burned, with his stables, 30 tons of hay, and 1,000 bushels 
of grain, and stole all his farm stock, the family barely escaping with their 
lives. Eight miles from Clark's they took a team belonging to Frank Thomp- 
SOll. About the same time they murdered Samuel Leonard, a miner at 
1ormon 
Basin. A little later they surprised a mining camp near Cañon City, killing 

latthew \Yilson, and se,.erely wounding David Graham. No aid could be 
obtained from Camp \Yatson, the troops being absent in pursuit of the govern- 
ment property taken from that post. In Sept. they took horses from a place on 
Clark Creek, from Burnt River, and the ferry at the mouth of Powder River. 
They pursued and fired on the expressman from 
Iormon Basin; and attackecl 
the stage between The Dalles and Cañon City, when there were but two 
persons on board, 'Yheeler, one of the proprietors, and H. C. Paige, express 
agent. 'Yheeler was shot in the face, but showed great nerve, mounting one 
of the horses with the assistance of Paige, who cut them loose and mounted one 
himself. The men defended themselves and escaped, leaving the mail and ex- 
press matter in the hands of the Indians, who poured the gold-dust out on the 
grounù, most of it being afterward recovered. The money, horses, and other 
property were carried off. In October eleven horses were stolen from a party 
of prospectors on Rock Creek, Snake River. In Nov. the Indians again 
visited Field's farm, and stole three beef-cattle. They were pursued by the 
troops, who surprised and killed several of them, destroying their camp, and 
capturing a few horses. On the 20th a party of hunters, encamped on Cañon 
Creek, a few miles from Cañon City, were attacked, and J. Kestel' killed. The 
Indians came within one mile of Uaìion City, and prepared to attack a house, 
but being discovered, fled. Early in December they stole a pack-train from 
near the Cañon City road. They were pursued by a detachment of twenty 
men from Baker's command, under Sergeant Conner, and the train recovered, 
with a loss to the Indians of fouwen men killed and five women captured. 
Sec. Int. Rept, 1867-8, pt 2, 95-100; Dalles Jlountaineer, Dec. 14, 1866. 



524 


THE SHOSHONE WAR. 


had been con1nlitting depredations on the Cañon Ci tv 
road, and marched south to the head-waters of Crooke
l 
River, thence to Selvie River and Harney Lake, 
passing around it to the \vest and south, and continuing 
- south to Steen !Iountain; thence north-east around 
!Ialheur Lake, and on to the head-\vaters of !Ialheur 
River, \vhere, on the middle branch, for the first tilne 
in this long 111arch, signs of Indians \vere discovered. 
Encarnping in a secure situation, scouts \vere sent 
out, "Tho captured two. Lieutenant Bernard hill1self, 
\vith fifteen rnen, searched for a day in the viciuity 
without finding any of the savages. On the 17th he 
detached a party of nineteen lnen, under Sergeant 
Conner, to look for thern, \\yho on the 18th, about 
eight o'clock in the n10rning, on Rattlesnake Creek, 
discovered a large calnp, which he at once attacked, 
killing thirteen and \vounding n1any nlore. The Ind- 
ians fled, leaving a fe\v horses and mules, but taking 
most of their property. The loss on the side of the 
troops ,vas Corporal vVillian1 B. Lord. The detach- 
ment returned to calnp on the evening of the 18th, 
\vhere they found a company of forty-seven citizens 
fron1 Auburn in Powder River Valley in search of 
the same band. 
With this addition to his force, Bernard, on the 
19th, rene\ved the pursuit, and found the Indians 
encamped in a deep cañon \vith perpendicular \valls of 
rock, about a mile beyond their former canlp, \vhich 
place they had further fortified, but \vhich on discover- 
ing that they were pursued they abandoned, leaving all 
their provisions and canlp equipage behind, and escap- 
ing \vith only their horses and arms. Leaving the citi- 
zens to guard the pack-train, Bernard, with thirty men, 
follo\ved the flying enemy for sixty ruiles over a broken 
and tilTIbered country, passing the footmen, \vho sca
- 
tered and hid in the rocks, and encamping on SelYle 
River. During the night the footlnen came together, 
and passing near camp, turned off into some lo\v 
hills covered \vith broken rocks and juniper trees. 



HALLECK'S POLICY. 


525 


Upon being pursued, they again scattered like quail, 
and ouly t\VO \vornen and children were captured. 
The following day the train \vas sent for, and the citi- 
zens notified that they could accomplish nothing by 
coming farther. Bernard continued to follo\v the 
trail of the nlounted Indians for another day, when 
he returned to Camp Watson, having travelled 630 
miles in t\venty-six days. He spoke of a report 
often before circulated that there \vere "Thite Inen 
anlong the 
falheur band of Shoshones, the troops 
having heard the English language distinctly spoken 
during the battle of the 18th. He estimated the num- 
ber of Indians, men, women, and children, at 300, anù 
the fighting IIlen at eighty. The loss of all their pro- 
visions and other property, it ,vas thought, would dis- 
able thenl. 14 
In August Lieutenant-colonel R. F. Beirne, of the 
14th infantry, from Camp 'Vatson, rnarched frorn The 
Dalles along the Cañon City road to Boisé, scouting 
the country along his route. On arriving at Fort 
Boisé, he \vas ordered to scout the Burnt River region, 
\"here the Indians were more troublesome, if that 
\vere possible, than ever before. The sanle \vas true 
of the Po\vder River district and Cañon City; and 
the inhabitants complained that the troops drove tho 
Indians upon the settlements. To this charge Steele 
replied that this could not al,vays be avoided. But 
the people of the north-eastern part of Oregon asserted, 
whether justly or not, that HaBeck favored California, 
hy using the main strength of the troops in his di vis- 
ion to protect the route frolll Chico to the Idaho lllines, 
so that the California merchants should be able to 
Inonopolize the trade of the mines, ,vhile the Oregon 
nlerchants \vere left to suffer on the road fronl 
the Columbia River to the mines of Idaho, or to protect 
thernsel ves as they best could. The stage cOlllpany 
suffered equally \vith packers and 111erchants. 
Finally Halleck visited south-eastern Oregon; and 
H Alta California, Aug. 22, 1866; J,!ess. and Docs, Abrî(lg. 1866-7, 501. 



526 


THE SHOSHONE W 
t\.R. 


going to Fort Boisé by the wen-protected Chico route, 
and thence to the Columbia River. travelling \vith an 
escort, and at a time when the Indians "
ere nlo
t 
quiet, being engaged in gathering seeds and roots for 
food, he saw nothing to excite apprehension. 
The legislature, which nlet in September, and the 
ne\v governor, George L. Woods, were urged to take 
some action, which ,vas done. 15 After sorne discussion, 
a joint resolution ,vas passed, October 7th, that if t.he 
general government did not within thirty days fro ill 
that date send troops to the protection of eastern 
Oregon the governor ,vas requested to callout a suffi- 
cient nunlber of volunteers to afford the necessary aid 
to citizens of that part of the state. 


General Steele had been quite active since taking 
the comn1and in Oregon. During the SU111mer he had 
lTIade four tours of inspection: one to and around 
Puget Sound, travelling bet\veen GOO and 700 nlÏles, a 
part of the time on horseback. The second tour ,vas 
performed altogether on horseback, a distance of over 
1,200 111iles. Leaving The Dalles with an escort of 
ten 111en and his aide-de-ca1l1p, he proceeded to CanJp 
Watson, \vhere he took one of the cavalry companies 
sent to that post in April, con1ll1anded by l\fajor E. 
1fyers, and continued his journey to Camp Curry 
aud Malheur Lake. While encamped on the east 
side of the lake, the Indians drove off fifty-two pack- 
mules belonging to the escort. They were pursued, 
and the animals recovered, except three which had 
been killed and eaten. FroIn Lake Malheur Steele 
proceeded \vithout further interruption to Camp Lyon, 
and thence to Fort Boisé, where he found General Hal- 
leck and staff, returning to The Dalles by the usually 
travelled road-leaving, it ,vould seem by the COll1- 
plaints of the citizens of Eastern Oregon, Myers' 
company in the Boisé country. With Halleck, he 


15 See Woods' Rec., MS.; also U. S. ltless. and Docs, 1866-7, 503--4, 39th 
congo 2d sess; Or. Jour. Senate, 1866,51-5; Portland Orefjonåan, July 14, 1866. 



STEELE'S TOUR. 


527 


next inspected the forts at the InoutIl of the Coluln- 
bia; and on the 13th of August returned to Boisé, 
crossing Snake River at the mouth of the Bru- 
neau, exan1ining the country in that vicinity with 
a vie,v to establishing a post. From Bruneau Steele 
,yont to the Owyhee mines, and thence to the forks 
of the Owyhee, where troops ,vere encamped ,vatch- 
ing the nlovenlents of the Indians. Taking an escort 
of t,venty men, under Captain David Perry, he next 
proceeded to Alvord Valley, arriving at Camp Smith 
on the 6th of Septenlber. Thence he returned to Fort 
Boisé, and to Vancouver about the time the legislature 
,vas considering the subject of raising volunteers. 
Soon after the return of Steele and his intervie\v 
with Woods, recruiting for the 8th regiment United 
States cavalry was begun in the Willalnette Valley, 
but progressed slo\vly, the recruiting service having 
been injured by the action of the legislature, \v hich 
held out the prospect of a volunteer organization, in 
which those who \vould enlist preferred to serve. The 
lTIOVelnent to recruit, ho\vever, by promising to put an 
additional force in the field, arrested the volunteer 
nloven1ent, and Inatters \vere left to proceed as 
formerly.t6 


16In Sept. the Owyhee stage was attacked and two men shot. In Nov. 
the Indians fired on loaded teams entering Owyhee mines from Snake River 
by the main road, and killed a man named McCoy, besides wounding one 
Adams. They fired on the Owyhee ferry, and on a detachment of cavalry, 
both attacks being made in the night, anù neither resulting in anything more 
serious than killing a horse, and driving off fourteen head of cattle. During 
the autumn a party of 68 Idaho miners were prospecting on the upper waters 
of Snake River. A detachment of eleven men were absent from the main 
party looking for gold, when one of the eleven separated himself from them, 
to look for the trail of others. 011 returning, he saw that the detachment 
had becn attacked, and hastened to report to the main company, who, on reach- 
ing the place, found all ten men murdered. Their names, so far as known, 
were Bruce Smith, Edward Riley, David Conklin, William Strong, and 
Gcorge Ackleson. This party were afterward attacked in Montana by the 
Sioux, when Col Rice and \Villiam Smith were killed, and sevcral wounded. 
See account in Portland Oregonian, Nov. 28, 1866. On the 8th of Nov. the 
Owyhee stage was attacked within four miles of Snake River crossing, a passen- 
ger named \Vilcox killed, another, named Barrington, woundcd in the hip, 
and the driver, Waltermire, wounded in the side. The driver ran his team 
t'\\omiles, pursued by the Indians, who kept tiring on the stage, answered by 
passengers who had arms. The wheel-horses being at last shot, the party 
were forced to run for their lives, and escaped. On returning with assistance, 



528 


THE SHOSHONE 'V AR. 


But it cannot be said that Steele did not keep 
his troops in motion. He decided also to try the 
effect of a winter canlpaign, and reëstablished several 
calnps, besides estaLlishing Camp Warner, on the 
,,-est side of \Varner Lake, and Camp Three Forks 
of O\vyhee on the head of the north branch of that 
ri ver, on the border of the Flint district, and thro\v- 
iug a garrison into each of the t\VO abandoned forts 
of Lapwai and Walla Wana. T\vo or three more 
cavalry companies arrived before Decen1ber, there 
being then seven in Oregon and Idaho, besides five 
cOlnpanies of the 14th infantry, one of the 1st Oregon 
infantry, and five of artillery in the department. 
A nurnber of scouting parties ,vere out during the 
autulnn, scouring the south-eastern part of Oregon, 
skirn1Îshing here and there, seldom inflicting or sus- 
taining much loss. On the 26th of Septenlber fifty 
cavalryn1en under Lieutenant Small attacked the 
enemy at Lake .Lt\..bert, in the vicinity of Ca1np War- 
ner, and after a fight of three hours routed theIn, kill- 
ing fourteen and taking seven prisoners. Their horses, 
rifles, and winter stores fell into the hands of the 
troops. 
On the morning of the 15th. of October Lieutenant 
Oatrnan, 1st Oregon infantry, from Fort Klanlath, 
with twenty-two men and five Klamaths as scouts, 
set out for Fort Bid ,veIl to receive reënforcenlents 
and provisions for an extended scouting expedition. 
He ,vas joined by Lieutenant Small with twenty-seven 
cavalrymen. The command n1arched to the Warner 


Wilcox was found scalped and mutilated. The mail-bags were cut open and 
contents scattered. In Dec. twenty savages attacked the Cow Creek farm in 
Jordan Valley, and taking possession of the stable, riddled the house with 
bullets and arrows. Having frightened away the inmates, they drove off 
all the cattle on the place. They were pursued, anù the cattle recovered. U. 
S. Sf'c. Int. Rept, 9D-loo, vol. iii., 4th congo 2d sess. Dalles JIountaineer, Dec. 
7, 1866; Owyhee Avalanche, Nov. 17, 1866; Idaho JVorld, Nov. 24, 1866. On 
the 30th of Oct. the Inùians raided Surprise Camp, a military station, carry- 
ing off grain, tents, tools, etc. Major Walker, promoted from captain, pur- 
sued them, when they divided their force, sending off their plunder with 
80me, while a dozen of them charged the 801diers. Four Indians were killed 
and the rest escaped. Boisé State8man, Nov. 8, 1866. 



OATMAN'S FIGHT. 


529 


Lake basin, seeking the rendezvous of the enelny. 
T\vo- days ,vere spent in vain search, ,vhen the COffi- 
nland undertook to cross the Illountains to Lake 
Abert, at their western base, being guided by Blow, 
a Klaruath chief. After proceeding six miles in a 
direct course, a deep cañon ,vas encountered running 
directly across the intended route, 'v hich was fol1o\ved 
for te
 nliles before any crossing offered which would 
pern1Ït the troops to pass on to the ,vest. Such a cross- 
ing \vas at last found, the nlountains being passed on 
the 26th, and at eleven o'clock of the day the command 
entered the beautiful valley of the Che\vaucan by a 
route never before travelled by ,vhite men. 
About t\VO and a half Illiles froIn the point \vhere 
they entered the valley, Indians were discovered run- 
ning to\vard the lllountains. Being pursued by the 
troops, they took up their position in a rocky cañon. 
Leaving the horses \vith a guard, the nlain part of the 
co Inn land advanced, and dividing, passed up the ridges 
on both sides of the ravine, \vhile a guard relnained 
at its rnouth. At t\vel ve o'clock the firing began, a.nd 
,vas continued for three hours. Fourteen Indians 
\vere killed, and t\vice as n1any "rounded. The Indians 
then fled into the nlountains, and the troops returned 
to their respective posts. 17 


Early in November the Shoshones under Panina 
threatened an attack on the Klan1ath reservation, in 
revenge for the part taken against then1 by the Klam- 
ath8 in acting as scouts. With a pronlptness unusual 
with congress, the treaty made with Panina in Sep- 
teillber 1865 had been ratified,t8 and this chief was 
?nder treaty obligations. But true to his threat, he 
Invaded the Sprague River Valley, where the chief of 
the 1\Iodocs had his home, stealing sorne of Sconchin's 
horses. In return, Sconchin pursued, capturing t\VO 
Snake 'VOluen. He reported to the agent on the 


17 Jack.
onville Reporter, Nov. 3, 1866; Dalles Mountaineer, Dec. 7, l
OO. 
UJCong. Globe, 1865-6, pt v. ap. 402. 
HuT. 0&. VOL. ll. 
 



1>30 


THE SHOSHONE ,V AR. 


reservation that he had conversed \vith some of 
Panina's head men, at a distance, in the manner of 
Indians, and learned from them that the Snakes were 
concentrating their forces near Goose Lake, prepara- 
tory to invading the reservation, and capturing the 
fort. Applegate, the agent, notified Sprague, who 
reported to his superiors, saying that he had not men 
enough to defend the reservation and search for the 
enenlY. The Shoshones did in fact come ,vithin a 
fe\v nliles of the post, 'v here they ,vere met and fought 
by the troops and reservation Indians, losing thirteen 
killed and others wounded. 1\Iean\vhile the troops 
,vere gradually and ahnost unconsciously surrounding 
the secret haunts of the hostile Shoshones in Oregon, 
their successes being in proportion to their nearness of 
approach, thg att
cking party on either side being 
usually victorious. 19 
About this tinlQ the controversy between the civil 
.and 111ilitary authorities took a peculiar turn. The 
army bin of 1866 provided for attaching Indian scouts 
to the regular forces engaged in fighting hostile bands; 
and certain numbers were apportioned al110ng the states 
and territories \vhere Indian hostilities existed, the 
complenlent of Oregon being one hundred. Governor 
Woods made application to General Steele to have 
these hundred Indians organized into t\VO compani
s 
of fifty each, under cOlnnlanders to be selected by 
hin1self, and sent into the field independently of the 
-regular troops, but to act in conjunction with thenl. 
This proposition Steele declined, on the ground that 
the army bill contell1plated the employment of Indians 
as scouts only, in numbers of ten or fifteen to a com- 
mand. 


, l'In Oct. Lieut Patton, of Capt Hunt's company, with IO'men, hadaskir- 
'mish on Dunder and Blitzen Creek, which runs into Malheur Lake from the 
south, killing 6 out of 75 Indians, with a loss of 1 man, and 4 horses wounded. 
Boi.c;é State8man, Oct. 27, 1866. Capt. O'Beirne also had a fight on the Owyhee 
'in Nov., in which he killed 14 and captured 10, losing one man wounded and 8 
citizen, S. C. Thompson, killed. Id. Nov. 17, 1866; Owyhee Avalanche, Nov. 
.10, 1806. Baker's command, in Nov. and Dec., killed about 60 Indians. DallfÁ 
Mountaineer, Dec. 14, 1866; Sec. Jf'ar Rept, i. 481-2, 40th congo 2d sess. 



INDIAN CO
lP ANTES. 


531 


Being refused by Steele, Woods appealed to Hal- 
leck as division cornmander, ,vho also refused, using 
little courtesy in declining. The quarrel no\v became 
one in ".. hich the victory would be \vith the stronger. 
'V oods telegraphed to the secretary of ,var a state- 
ment of the case, and asked for authority to carry 
out his plan of fighting Indians with Indians. Secre- 
tary Stanton imlnediately ordered Halleck to conform 
his orders to the ,vishes of the governor of Oregon in 
this réspect; and thus constrained, authority ,vas given 
by IIalleck to '-IV oods to organize two cOlnpanies of 
fifty Indians each, and appoint their officers. Accord- 
ingly, 'V. C. J\1cI{ayand John Darragh, both familiar 
,vith the Indian language and customs, were appointed 
lieutenants, to raise and comn1and the Indian con1- 
panies, \vhich were sent into the field, ,vith the humane 
orders to kill and destroy without regard to age, sex, 
or condition. 20 


About the time that the Warn1 Spring Indians 
took the field, George Crook, lieutenant-colonel 23d 
infantry, a noted Indian-fighter in California, was 
ortlered to re]ieve Marshall in the command of the 
district of Boisé,21 as the Idaho ne\vspapers said, "to 


20 Lieuts 
1:cKay and Darragh, in giving a personal account of their expedi. 
tion, relate that their command killed fourteen women and children, which was 
done in accordance with written and verbal instructions from headquarters of 
the military district, and much against the wishes of the Indian scouts, who 
remonstrated against it, on the ground that the Snakes, in their next inroad, 
would murder their wives and children. U. S. Sec. Int. Rept, 1867-8, vol. iii., 
pt ii., 101, 40th congo 2d sess. 'Voods' apology was that the women of the 
Snake tribe were the most brutal of murderers, and had assisted in the fiendish 
tortures of 
1rs and Miss "\Vard, and other immigrant women, for which they 
deserved to suffer equally with the men. 
n See Recollections of G. L. JVoods, a manuscript dictation containing many 
terse and vivid pictures of the modern actors in our history; also Overland 
Jlonthly, yol. ii., p. 162, 1869. 
The following is a complete roster of the officers in the department of the 
Columbia in the autumn of 1866: Department staff: Frederick Steele, major- 
gen. commanding department. George Macomber, 2d lieut 14th inf., A. A. 
insp.-gen. Henry C. Hodges, capt., A. Q. M., bvt lieut-col U. S. A., chief Q. 
M. Sam. A. Foster, capt., C. S., bvt major U. S. A., C. C. S., Act. A. A. G. 
P. G. S. Ten Broek, surgeon U. S. A" bvt lieut-col, medical director. 
George \Villiams, brevet capt. U. S. A., aide-de-camp. Richard P. Strong, 1st 
liellt 7th inf., aide-de-camp. Stations and commands: Fort Colville, Capt. 
John S. Wharton, co. 0, 14th inf. Fort Lapwai, Lt J. H. Gallagher, 14th 



532 


THE SHOSHONE WAR. 


the satisfaction of everybody." General Crook ,vas a 
Ulan of quiet deterrnination, and the people of Oregon 
and Idaho expected great things of hirn. N or ,vere 
they disappointed, for to hin1 is due the credit of sub- 
duing the hostile tribes on the Oregon and California 
frontier, and in Idaho. When the ,var began, eastern 
Oregon ,vas for the lllost part a terra incognita, and 
the Oregon cavalry had spent four years in exploring 
it and tracking the Indians to their hitherto unknO\Vll 
haunts. And no\v the 11l0st efficient officers decided 
that the Indians 111Ust be fought in the w-inter, and 
Steele, after brief observation, adopted the theory. 
Then Governor Woods had thro\vn into the field the 
best possible aids to the troops in hi8 t\VO conlpanies 
of Indian allies. 
When Crook assun1ed cornn1and in the Boisé dis- 
trict the Indians ,vere already hemlued in by a cordon 
of calnps and posts, \vith detachnlents continually in 
the field harassing and reducing then1. About the 
nlÌddle of Decen1 ber Crook took the field ,vi th forty 
soldiers and a dozen Waru1 Spring allies. On the 
O\vyhee he found a body of about eighty \varriurs 
prepared for battle. Leaving ten 111en to guard cainp, 
he attacked with the rernainder, fighting for several 
bours, \vhen the savages fled, leaving SOlne \vornen 
and children and thirty horses in his hands. T\venty- 


inf., co. E, 8th cay. Fort "'... alIa Walla, Lt Oscar I. Converse, co. D, 8th cav. 
Fort Stevens, Capt. Leroy L. James, co. C, 2d art. Cape Hancock, Capt. John 
I. Rogers, co. L, 2d art. Fort Steilacoom, Capt. Chas H. Peirce, co. E, 2d 
art. San Juan Island, Capt. Thomas Grey, co. I, 2d art. Fort Vancouver, 
Col G. A, H. Blake, 1st U. S. cav., field, staff, and band; Bvt lieut-col Albert O. 
Vincent, co. F, 2d art,; Capt. 'Villiam Kelly, co. C, 8th cavalry. Vancouver 
Arsenal, Bvt capt. L. S. Babbitt, det. ordnance corps. Camp 'Vatson, Bvt. 
lieut-col Eugene 1\1. Baker, co. I, 1st cav.; Lieut Amandus C. Kistler, co. F, 
14th info Camp Logan, Lieut Charles B. Western, 14th inf., co. F, 8th cav. 
Fort Klamath, Capt. F. B. Sprague, co. I, 1st Or. info volunteers. 130isé D.is- 
trict: Fort Boisé, Bvt maj. -gen. George Crook, 23d inf.; Bvt col James B. Sm- 
clair, co. H, 14th info Camp Three Forks, I. T., Bvt lieut-col John J. Cop- 
pinger, cos A and F, 14th info Camp C. F. Smith, Capt. J. H. 'Valker, co. 
0, 14th info Camp Warner, Capt. P. Collins, cos Band D, 14th inf.; B,"
 
major Edward :Myers, co. H, 1st cavalry. Camp Lyon, I. T., Capt. James C. 
Hunt, co. M, 1st cav. Ojf. Arm. Regis., 1866, 67; Portland Oreyonian, Dec. 
22, 1866. Capt. David Perry superseded Marshall at Fort Boisé in the interim 
before Crook's arrival; and 1fajor Rheinhart, 1st Or. inf., was in command at 
Fort I\.lamath during the summer of 1866. 



CROOK'S CA
IP AIGKS. 


533 


11\"'0 or thirty Indians were killed. Crook lost but 
one nlan, Sergeant O'Toole, ,vho had fought in t\venty- 
eight battles of the rebellion. 
In January 1867 Crook's 111en again ll1et the 
enenlY about fifteen miles from the O\vyhee ferry, on 
the road to California. His Indian scouts discovered 
the Snake canlp, 'v hich was surprised and attacked at 
daylight. In this affair sixty Indians \yere killed and 
thirty prisoners taken, \vith a large nunlber of horses. 
A nlan nall1ed Hanson, a civilian, ,vas killed in the 
charge, and three of Crook's nlen "rounded. Soùn 
after a srnaller canlp ,vas discovered; five of the sav- 
ages \vere killed, and the renlainder captured. An 
Indian ,vaS recognized an10ng the prisoners \vho had 
before been captured and released on his promise to 
refrain fr0111 w'arlike practices in the future, and \vas' 
shot for violating his parole. 22 ]"rolll the O\vyhee. 
Crook proceeded to\vard 1\rIalheur lake and river, in 
the vicinity of \v hich the Warrn Spring Indian COIll- 
panies h
d been operating. On the 6th of January 
1tlcKay attacked a canlp, killing three, taking a fe\v 
horses and SOlne alnnlunition. He discovered the 
headquarters of Panina, 'v ho had fortified hilllself on 
a lIlountain t\VO thousand feet in height, and clinlbing" 
the rocks \vith his nlen, fought the chief a \vhole da.y 
\vithout gaining much advantage, killing three Sho- 
shones, and having one Ulan and several horðe8 
wounded. The sanle night, ho\vever, he discovered 
another hostile calnp, attacking \vhich he killed 
t\vel ve, and took sonle prisoners. The sno,v being 
foùrteen to eighteen inches deep in north-eastern 
Oregon at this tilne, the irnpossibility of keeping up 
the strength of their horses conlpelled the scouts to 
suspend operations. 

Iean\v hile, not\vithstanding the exertions of the 
troops, it ,vas impossible to check the inroads of the 
Indian
. Only a fe\v years previous to the breaking 


22 U. S. Int. Rept, 18ö7-8. vol. iii. 188, 40th congo 2d seSSj Owyhee Ava- 
laìlcJ
, Jan. 5, lö67. 



534 


THE SHOSHONE WAR. 


out of the Shoshone \var this tribe was treated with 
contempt, as incapable of hostilities, other than petty 
thefts and occasional nlurders for gain. When they 
first began their hostile visits to the Warln Spring 
reservation Robert N e,vell, one well acquainted \"ith 
the character of the different tribes, laughed at the 
terror they inspired, and declared that three or four 
lllen ought to defend the agency against a hundred of 
them. But a change had COlne over these savages 
with the introduction of fire-arms and cattle. Fronl 
co\vardly, skulking creatures, whose eyes ,vere ever 
fastened on the ground in search of some sinallliving 
thing to eat, the Shoshones had COlne to be as nluch 
feared as any savages in Oregon. 2iJ . 
As early as the middle of March detachments of 
troops \vere nloving on the Cañon City road, and fol- 
lo\ving the trails of the marauders. They travelled 
Inany hundred llliles, killing ,vith the aid of the allies 
t\venty-four Indians, taking a few prisoners, and de- 
stroying SOlne property of the enemy. On the 27th 
of July Crook, ,vhile scouting between Caillp C. F. 
Smith and Calnp Harney \vith detachnlents fronl 
three companies of cavalry, travelling at night and 


23 For example, it takes a brave and somewhat chivalrous savage to rob a. 
stage. On :l\Iurch 25th, as the Boisé and Owyhee stage was coming down the 
ravine toward Snake River from Reynolds Creek, it was attacked by eight 
ambush{'d Indians. The driver, \Yilliam Younger, was mortally wounded. 
James Ullman, a California. pioneer, a Boisé pioneer, a merchant of Idaho, in 
attempting to escape, was overtaken and killed. Themail and contents of the 
coach were destroyed or taken. The same band killed Bouchet, a citizen of 
Owyhee. A few days previously they had raided a farm, and dri \Ten off 23 
cattle from Reynollls Creek. On the 25th of April, 8 Shoshones raidcd the 
farm of CIano and Cosper, on the Caíìon City road, and secured 25 cattle and 2 
horses. They werc pursued by J. N. Clark, whose house and barn they had 
destroyed in Sept., who, with Howard .Maupin and William Ragan, attacked 
them as they were feasting on an ox, killing 4 and recovering the stock. 
One of the Indians killed by Clark was the chid Panina. In the same 
mouth Fraser and Stack were killed near their homes on Jordan Creek. In 

lay they attacked C. Shea, a herder on Sinker Creek, and wcrc repelled and 
pursued by 8 white men, who, however, barely escaped with their livcs. 
Two men, McKnight and Polk, being in pursuit of Shoshones. were wounded, 
1IcKnight mortally. The savages burned a housc and barn near Inskip's 
farm, Owyhee, and drove off the stock, which the troops finally recov- 
ered. They killed three men in Mormon Basin. On evcry road, in any 
direction, they made thcir raids, firing on citizens and stealing stock. U. S. 
Sec. lut. Rept, 1807-8, iii. 101-3, 40th cong. 2d sess. 



INDIAN ALLIES AND RESERV ATIONS. 535 


lying concealed by day, came upon a large body of 
the enenlY in a cañon in the Puebla J\Iountains. He 
had with him the two cOlnpanies of allies
 COll1posed 
of Warnl Spring, Columbia River, and Boisé Sho- 
shones, the first eager for an opportunity of aveng- 
ing thelnselves on an hereditary foe. They were 
allo\ved to Inake the attack, leaving the troops in re- 
serve. The Shoshones \vere cOlllpletely surrounded, 
and the-allies soon had thirty scalps dangling at their 
bC1.ts. It was rare sport for civilization, this n1a}ring 
the savages fight the savages for its benefit. 24 Pro- 
ceeding to\vard and \vhen within eight Iniles of the 
post, another Indian. camp \vas discovered and sur- 
rounded as before, the allies being pern1Ïtted to per- 
form the \vork of extern1Ïnation. 


Fron1 observing that the Indians \vere constantly 
well supp
ied with all1illUnition, and that although so 
Illany and severe losses \vere sustained the enen1Y 
\vere not disheartened nor their number lessened" 
General Crook caIne to the conclusion that it ,vas not 
the Oregon tribes alone he \vas fighting. Fron1 a long 
experience in Indian diplonlacy, he had discovered that 
reservations \vere a help rather than a hinderance to 
Indian warfare, prelnising that the reservation Indians 
\vere not really friendly in their dispositions. It \vas, 
inlPossible al,vays to kno\v \vhether all the Indians 
belonging to a reservation were upon it or not, or 
\\?hat \vas their errand \vhen a\vay from it. An Indian 
thought nothing of travelling t\VO or three hunùrecl 
nlile8 to steal a horse-in fact, the farther his thefts. 
fron1 the reservation the better, for obvious reasons.. 
He was less liable to detection; and then he could say' 
he had been on a hunting expedition, or to gather the. 
seeds and berries \vhich \vere only to be found in 
lllountains and marshes, \vhere the eye of the agent 
was not likely to follow him. l\Ieantime he, \yith 


24 See Owyhee Avalanche, in Oregonian, Aug. 24, 1867. 'The troops did not 
fire a shot.' Boisé Statesman, in Shasta, Courier, Aug. 31, 1867. 



536 


THE SHOSHONE 'V AR. 


others like-nlinded, could nlake a rapid journey into 
Oregon, leaving his confederates on the reservation, 
who ,vou]d help hin1 to sell the stolen horses on his 
return for arms and anllnunition, and ,vho in their 
turn "Tould carry these things to the Oregon Indians 
to exchange for other stolen horses. There \vere 
always enough }cnv and vicious \vhite nlen in the neigh- 
borhood of reservations to purchase the property thus 
obtained by the Indians and furnish thenl ,vi th the 
lneans of carrying on their nefarious practices. By this 
nleans a never-failing supply of Inen, arnIS, and aunnu- 
nition \vas pouring into Oregon, furnished by the 
reservation Indians of California. Such, at all events, 
,vas the conviction of Crook, and he detern1Ïned to act 
upon it by organizing a sufficient force of cavalry in 
his district to check the illicit trade being carried on 
over the border. 
It \vas the intention of Crook 
o have his troops 
ready for prosecuting the plan of intercepting these 
incursions fronI California by the 1st of July; Lut 
o\\Ting to delay in Jnounting his infantry, and getting 
supplies to subsist the troops in the field, the proposed 
calnpaign ,vas retarded for nearly t\VO months. The 
rendezvous for the expedition ,vas CanIp Srnith, on 
the march from which point to CanIp \Varner, in 
July, his COlTIlnand intercepted two canIps of the nli- 
gratory \varriors, and killed or captured both. Crook 
left CanIp Warner on the 29th of July \vith forty 
troops under Captain Harris, preceded by Darragh 
,vith his conlpany of scouts, ,vith a vie\v of selecting 
a site for a ne,v \vinter caInp, the climate of Warner 
being too severc. 25 Passing southerly around the 
base of Warner buttes, anJ north again to the Dre\v 
crossing of the shallo\v strait bet\veen Warner lakes, 


25 The winter of 1866-7 was very severe in the \Yarner Lake region, which 
has an altitude of nearly 5,000 feet. One soldier, a sergeant, got lost, and 
perished in the snow. The entire company at Camp 'Varner were compelled 
to walk around a small circle in the snow for several nights, not daring to 
lie down or s1eep lest they should freeze to death. Owyhee Avalanche, April 
6, 1867 j Portla,nd Uregonian, Aug. 24, 1867. 



DISTRICT CHANGES. 


537 


he encamped on Honey Creek, fifteen ll1iles north-west 
of "Tarner, \vhere he found Darragh, ,vhol11 he follo,ved 
the next day up the creek ten n1iles, finding that it 
headed in a range of finely tinlbered mountains trend- 
ing north and south, ,,,,ith patches of sno\v on their 
SUl11lHits. On the 31st the l1e\V canlp was located 
in an open-tilubered country, on the easter
1 boun- 
dary of California, and received the name of N e\,," 
'\T arner. It \vas 500 feet lo\ver than the former 
canlp. On the 1st of August the connnand re- 
turned, baving discovered SOlne fresh trails leading 
to\vard California, and confirming the theory of the 
source of Indian supplies. At Can1p vVarner \vere 
found Captain Perry and l\IcKay, \vho had returned 
frOln a scout to the south-east \yithout finding an 
Indian; \vhile Archie l\IcIntosh, a half-breed Boisé 
scout, had brought in eleven prisoners, nlaking forty- 
six killed and captured by the allies "Tithin t\yO \veeks. 
On the 3d of August Crook set. out on a reCOll- 
noissance to Selvie River and Harney Valley, \vith 
the object of locating another \vinter post, escorted by 
Lieutenant Stanton, \vith a detachl11ent of Captain 
Perry's con1pany, and Archie l\IcIntosh ,vith fifteen 
seouts. The point Helected ,vas at the south end of 
the Blue l\lountains, on the \vest side, and the camp 
,vas BalHed Harney. 26 
On the 16th of August, by a general order issued 
frorn headquarters n1Ïlitary division of the Pacific, 
the di
triC't of Boisé was restricted to Fort Boisé. 
Calnp Lyon, Canlp Three Forks of the O\vyhee, and 
Canlp C. F. SnlÍth \vere l1lade to constitute the dis 
trict of 0\vyhee,27 and placed under the cOllnnand 
of General Elliott, 1st cavalry. Fort !{.lanlath and 
calnps vVatson, 'Varner, Logan, and Harney ,vere 
debignated as constituting the district of the lakes, 
and assigned to the cOlnnland of Crook, \v ho also had 


26 Gen. Orders Dept Columbia, N ov. 26, 1867. 
,., A few months later Boisé was incorporated in the district of Owyhee. 



538 


THE SHOSHONE WAR. 


COllilnand of the troops at Camp Bidwell, should he 
req uire their services. 
Having at last obtained a partial mount for his . 
infantry, Crook set out about September 1st for that 
part of the country from \vhich he believed the re- 
enforcements of the Indians to come, with three COlll- 
ranies of cavalry, one of mounted infantry, and all 
the Indian allies. It wa.s hoped by marching at night 
and lying concealed by day to surprise some consid- 
erable nurnber of the enenlY. But it was not until 
the 9th that Darragh reported finding Indians in the 
tules about Lake Abert. On proceeding from carnp 
on the east side of Goose Lake two days in a north 
course, the trail of a party of Indians ,vas discovered, 
but Crook believed them to be going south, and di- 
viding his force, sent captains Perry and Harris and 
the Warm Spring allies north to scout the country 
bet\veen Sprague and Des Chutes rivers, taking in 
Crooked River and terlninating their campaign at 
Cau1p Harney in Harney Valley. 
At the san1e time he took a course south-east to 
Surprise Valley, \vith the Illounted infantry under 
Madigan, one cavalry company under Parnell, and the 
Boisé scouts under McIntosh. Having found that 
there were Indians in the mountains east of Goose 
Lake, but having proof that they had also discovered 
him, instead of moving at night, as heretofore, he 
made no attenlpt to conceal himself, but march
d 
along the road as if going to Fort Crook, and actually 
did march to within t\venty miles of it; but when he 
came to a place where he was concealed by the moun- 
tains along the ri ver on the south side, he crossed 
over and encamped .in a tiu1bered cañon. 
On the 25th the command was marched in a course 
south-east, along the base of a spur of the mountains 
covered with timber. While passing through a ra- 
vine a sn1all calnp of Indians ,vas discovered, who 
fled, and were not pursued. COining soon after to a 
plain trail leading toward the south fork of Pit River, 



CROOK ON PIT RIVER. 


539 


it was follo\ved fifteen miles, and the camp for the 
night made in a cañon timbered ,vith pine, with good 
grass and water. Signs of Indians ,vere plenty, but 
the commander ,vas not hopeful. The horses ,vere 
beginning to fail \vith travelling over lava-beds, and 
at night; the Indians were evidently nunlerous and 
watchful; and there was no method of detern1Îning at 
,vhat point they might be expected to appear. Fore- 
warned in a country like that on the Pit River, the 
advantages were all on the side of the Indians. 
The march on the 26th led the troops over high 
table-land, eastward along a much used trail, \vhere 
tracks of horses and Indians \vere frequent, leading 
finally to the lava-bluffs overlooking the south branch 
of Pit River, and through t\VO n1Îles of cañon down 
into the valley. Here the troops turned to the north 
along the foot of the bluffs, and ,vhen near the bend 
of the river the scouts announced the discovery of 
Indians in the rocks near by. Crook prepared for 
battle by ordering Parnell to disillount half his III en 
and forln a line to the south of the occupied rocks, 
\vhile l\1adigan forIlled a sin1ilar line on the north side, 
the two uniting on the east in front of the Indian po- 
sition. l\Iclntosh with his scouts ,vas ordered back 
to the bluff overlooking the valley, the troops getting 
into position about one o'clock, and the Indians ,vait- 
ing to be attacked in the rocks. 
The stronghold ,vas a perpendicular lava-wall, three 
hundred feet high, and a third of a n1Ïle long on the 
,vest side of the valley. At the north end ,vas a 
ridge of bowlders, and at the south end a cañon. In 
front was a lo,v sharp ridge of lava-blocks, from whicl1 
there was a gradual slope into the valley. These sev- 
eral features of the place forn1cd a natural fortification 
of great strength. But there were yet other features 
rendering it even more formidable. Running into its 
south-eastern boundary ,vere two promontories, a hun- 
dred and fifty feet in length, thirty in height, with 
perpendicular ,valls parallel to each other and about 



540 


THE SHOSHONE "\V AR. 


thirty feet apart, lnaking a scarped nloat 'v hich could 
not be passéd. At the north end of the eastern 
pronlontory the Indians had erected a fort of 
tone, 
t\venty feet in diarneter, breast-high, pierced \\Tith 
loop-holes; and on the \vestern prollH>ntory t\yO larger 
forts of silnilar construction. Bet\veen this fortress 
and the bluff \vhere the scouts \vere stationed \vere 
huge nla::;::;es of roeks of every size and contour. The 
only approach appearing practicable ,vas frol11 the 
eastern slope, near \vhich ,vas the first fort. 
At the \vord of conlrnand Parnell approached the 
cañon on the south. A volley was fired froln the 
fort, and the Indians fell back under cover, ,\vhen 
the assailants by a quick movelnent gained the shelter 
of the rocky ri111 of the ravine; but in reconnoitring 
ilDlllediately afterward they exposed theillselves to 
another volley fron1 the fort, \v hich killed and 
,vounded four men. It was only by siege that the 
foe could be dislodged. Accordingly Eskridge, \v ho 
had charge of the horses, herders, and supplies, "'as 
ordered to go into carnp, and preparations \vere lnade 
for taking care of the wounded, present and p1'o- 
specti ve. 
The battle no\v opened in earnest, and the after- 
noon ,vas spent in volleys frOnl both sides, aCCOlTI- 
panied by the usual sounds of Indian warfare, in 
which yells the troops indulged as freely as the Ind- 
ians. A squad of Parnell's tuen \vere ordered to the 
bluff to join the scouts, and help them to pour bullets 
do\vn into the round forts. The Indians ,vere entirely 
surrounded, yet such was the nature of the ground 
that they could not be approached by Hlen in line, and 
the firing ,vas chiefly confined to sharp-shooting. The 
range from the bluffs above the fort was about four 
hundred yards, at an angle of forty-five degrees; and 
hundreds of shots \vere sent during the afternoon 
do\vn among then1. FroIn the east fort shots could 
reach the bluff from long-range guns, and it \vas neces- 
sary to keep unJer cover. All the InJian
 who could 



BATTLE OF THE BLUFF. 


541 


be seen ,yere clad only in a short sl\irt, ,vith feathers 
in their hair. One of then1, not\vithstanding the cor- 
don of soldiers, escaped out of the fortress over the 
rocky ridge a.nd bluff, giving a triunlphant \vhoop as 
he gained the level ground, and distanci ng his pur- 
suers. I t ,vas conjectured that he lnust have gone 
either for supplies or rëenforcen1ents. 
Thus ,yore a,vay the afternoon. As night ap- 
proached Crook, ,vho by this tilue had reconnoitred 
the position frol11 every side, directed rations to be 
issued to the pickets stationed around the stronghold 
to prevent escapes. V\Then darkness fell the scouts 
left the bluff and crept do\vn an10ng the rocks of the 
ridge intervening bet\veen the bluff and the fortress, 
getting ,vithin a hundred feet of the east fort. The 
troops also no,v carefully worked thelTIselves into the 
shelter of the rocks nearer to the Indians, ,vho evi- 
dently anticipated their n10venlents and kept their 
arro\vs flying in every direction, together ,vith stones, 
,vhich they thre\v at random. In the cross-fire kept 
up in the dark one of l\Iadigan's n1en ,vas killed by 
Parnell'8 C0l11pany. All night inside the forts there 
,vas a sound of rolling about and piling up. stones, 
as if additional breast\vorks ,yere being constructed. 
\\Thencver a volley ,vas fired by the troops in the 
direction of these noises, a sound of voices ,vas heard 
reverberating as if in a cavern. During the ea.rly 
part of the night there ,vere frequent flashes of light- 
ning and heavy peals of thunder. In the mean tilne 
no change ,vas apparent in the position of affairs. 
At daybreak Parnell and l\fadigan ,vere directed 
to bring in their pickets and fortn under the crest of 
the ridge facing the east fort, 'v hile the scouts \vere 
'ordered to take position on the opposite side of the 
ridge, and having first cra\vled up the slope anlong 
the rocks as far as could be done without discovering 
thenlsel ves, at the ,vord of comlnand to storm the 
fort. 23 At sunrise the cOll1111and Forward! ,vas given. 
28 · The general talked to the men like a father; told them at the word 



ô42 


THE SHOSHONE WAR. 


The men, about forty in nUlTIber, sprang to their feet 
and rushed to\vard the fort. They had not gone 
twenty paces \vhen a volley fron1 the Indians struck 
down Lieutenant J\iadigan, three non-colnmissioned 
officers, three privates, and one citizen-eight in all. 
The relnainder of the storming party kept on, crossing 
a natural moat and gaining the wall, which seemed to 
present but t\VO accessible points. Up one of these 
Sergeant Russler, of Company D, 23d infantry, led the 
,vay; and up the other, Sergeant ]\Ieara and Private 
Sa\vyer, of COllJpany H, 1st cavalry, led at different 
points. ]\feara was the first to reach a natural para- 
pet surrounding the east fort on two sides, dashing 
across which he was crying to his men to come on, 
when a shot struck him and he fell dead. At the 
same filoment Russler came up, and putting his gun 
through a loop-hole fired, others following his exarn- 
pIe. He ,vas also struck by a shot. 
I t ,vas expected that the Indians, being forced to 
abandon the enclosure ,vhich was now but a pen in 
which all n1ight be slaughtered, would be easily shot 
as they can1e out, and some of the men disposed 
themselves so as to interrupt their anticipated flight; 
but what was the surprise of all to see that as fast as 
they left the fort they disappeared among the rocl{s 
as if they had been lizards. In a short time the 
soldiers had possession of the east fort, but a filoment 
afterward a volley coming across from the t\VO forts on 
the west, and scattering shots which appeared to con1e 
from the rocks beneath, changed the position of the 
besiegers into that of the besieged. Several men 
more were \vounded, one more killed, and the situa- 
tion becaIne critical in the extreme. 
But notwithstanding the Indians still had so greatly 
the advantage, they seemed to have been shaken in 
their courage by the boldness of the troops in storln- 
Forward! they should rise up quick, go with a. yell, and keep yelling, and 
never think of stopping until they had crossed the ditch, scaled the wall, and 
broken through the breastworks, and the faster the better.' J. Wassen, in 
Oreg01lian, N ov. 12, 1867. 



ESCAPE OF THE WARRIORS. 


543 


ing t
e east fort, or perhaps they "\vere preparing a 
surprIse. A continuous lull followed the volley fron1 
the west forts, which lasted, ,vith scattering shots, until 
noon, though the men exposed themselves to draw the 
fire of the enemy and uncover his position. One shot 
entered a loop-hole and killed the soldier stationed 
there. Shots from the Indians becan1e fe\ver during 
the afternoon, 'v hile the troops continued to hold the 
east fort, and pickets were stationed who kept up a 
fire \vherever any sign of life appeared in the Indian 
quarter. The ,vest forts, being inaccessible, could not 
be stormed. There was nothing to do but to \vatch 
for the next movement of the Indians, who so far 
as known were still concealed in their fortifications, 
,vhere the crying of children and other signs of life 
could be heard through the day and night of the 27th. 
On the morning of the 28th, the suspense having 
become unbearable, Crook permitted an Indian woman 
to pass the lines, from whom he received an explana- 
tion of the mysterious silence of the Indian guns. 
Not a ,varrior was left in the forts. By a series of 
subterranean passages leading to the cañon on the 
south-,vest, they had all escaped, and been gone for 
many hours. An examination of the ground revealed 
the fact that by the means of fissures and caverns in 
the sundered beds of lava, communicat.ion could be 
kept up with the country outside, and that finding 
themselves so strongly besieged they had ,vith Ind- 
ian mutability of purpose given up its defence, and 
left behind their women and children to deceive the 
troops until they were safely away out of danger. To 
attempt the examination of these caves "\vould be fool- 
hardy. A soldier, in descending into one, was shot 
through the heart, probably by some wounded Indian 
left in hiding there. The extent and depth of the 
caverns and fissures would render futile any attempt 
to drive out the savages by fire or powder. Nothing 
remained but to return to Camp Warner, which 
movement was begun on the 30th, and ended on the 



544 


THE SHOSHONE ,V AR. 


4th of October at the new post in the basin east of 
Lake Abert. 
The re8ult of this long-projected campaign could 
not be said to be a victor y . Accordina to vV a8
en 
b , 
it \vas not clainled by the troops that [TIore than fif- 
teen Indians ,vere killed at the Pit River fortress 
,vhi]e the loss sustained by the cOffilnand in the t\V
 
days' siege \vas eight killed and t\velve \vounded. 29 
That General Crook sacrificed his men in the affair of 
Pit River in his endeavor to achieve \vhat the public 
expected of hirn is evident, not\vithstanding the laud- 
atory and apologetic accounts of the correspondents 
of the expedition. Had lIe let his Indian scouts do 
the fighting in Indian fashion, \v hile he held his troops 
ready to succor thelTI if overpo\vered, the result n1ight 
have been different. One thing, indeed, he was able 
to prove, that the foe ,vas ,veIl supplied \vith anUllU- 
nition, ,vhich n1ust have been obtained by the sale of 
property stolen in marauding expeditions to the north. 
Stored alllong the rocks \vas a plentiful supply of 
powder and caps, in sacks, tin cans, and boxes, all 
quite new', sho\ving recent purchases. The guns found 
,vere of the AUlerican half-stocked pattern, indicating 
whence they had been obtained, and no breech-loading 
guns 'v ere found, though sorne had been previously 
captured by these Indians. 
The expedition under Perry, \vhich proceeded north, 
29 There is a discrepancy between the military report, which makes the 
number of killed five, and 'Vassen's, which makes it eight; but I have fol- 
lowed the latter, because his account gives the circumstances and namf's. The 
list is as follows: Killed: Lieut John :Madigan, born ill Jersey City, N. J.; 
sergeants Charles Barchet, born in Germany, formerly of 7th Vt volunteers, 
Michael,M.eara, born in Galway, Ireland, 18 years in U. S. A., and Sergeant 
Russler; privates James Lyons, born in l>eace Dale, R. I.; \\Tilloughby 
Sawyer, born ill Canada 'Vest; Carl Bross, born in Germany, lived in Newark, 
N. J.; James Carey, from New Orleans, 'Vounded: corporals 
lèCann, Fo- 
garty, Firman; privates Clancy, Fisher, Kingston, !\lcGuire, Embler, Barbes, 
Shea, Enser; and Lawrence Traynor, civilian. The remains of Lieut Madi- 
gan were taken one day's march from the battle-field, and buried on the north 
bank of Pit River, about twenty miles below the junction of the south 
branch. The privates were buried in the valley of the south branch, half a 
mile north of the forts. The wounded were conveyed on mule litters to New 
Camp 'Varner. COIT. S. F. Bulletin, in Portland Herald, Dec. 10, 1867; J. 
'Va.ssen. in Oregonian, Nov. 12, 1867; Hayes' Indian Scraps, v. 141; Gen. 
eral Order Dept Columbia, no. 32, 1867. 



CAMPAIGNS AND DEPREDATIONS. 


545 


failed to find any enemy. Lieutenant Snlall, how'-. 
ever, \vith fifty-one filen froni Fort Klan1ath and 
ten Klamath scouts, ,vas nlore successful, killing 
t\venty-three and capturing fourteen in the vieinity of 
Silyer and Abert lakes, bet\veen the 2d and 22d of 
Septenlber. Among the killed were t\VO chiefs 'v ho 
had signed the treaty of 1864, and an influential n1ed- 
icine-nlan. Panina having also been killed by citizens 
,,,hile on a foray on the Cañon City and Boisé road 
in April, as \vill be remen1bered, there re111ained but 
fe\v of the chiefs of reno\vn alive. 30 


For about t\VO n10nths of the sun1mer of 1867, 
,vhile Captain vVildy of the 6th cavalry ,vas stationed 
on \Villo\v Creek in J\Iorlllon Basin, to intercept the 
passage north of raiding parties, the people along the 
road bet\yeen John Day and Snake rivers enjoyed 
an unaccustolIled ÌInnlunity frolH depredations. But 
early in Septernber Wildy \vas ordered to Fort Crook, 
in California, and other troops ,vithdrawn froln the 
north to strengthen the district of the lakes. Kno\v- 
ing ,vhat ,vould be the effect of this change, the in- 
habitants of Baker county petitioned Governor Woods 
for a pernlanent military post in their n1Ïdst, but peti- 
tioned in vain, because the governor was not able to 
persuade the general government to listen favorably, 
nor to dictate to the cOlnlnander of the department of 
the Columbia what disposition to Inake of his forces. 
Wildy's company had hardly time to reach Fort Crook 
,vhen the dreaded visitations began. 31 About the last 
'So Oregonian, Nov. 4 and 12, 1867; Jacksonville Sentinel, Sept. 28, 1867; 
}"'reka Union, Oct. 5, 1867; S. .P. Alta, Sept. 28, J867. 
31 The first attack was maòe Sept. 28th upon J. B. Scott, who with his 
wife anù children was dri,-ing along the road between Rye Valley and their 
home on Burnt River. Scott was killed almost instantly, receiving two fatal 
wounds at once. The wife, though severely wounded, seized the reins as 
they tell from the hands of her dead husbanc1, and urging the horses to a run, 
escaped with her child.ren, but died the following day. This attack was fol-, 
lowed by others in quick succession. Oregonian, Oct, 4, 7, 9, 1867; Umatilla 
Columbia Press, Oct. 5, 1867. On the morning of the 3d of October a small 
band of Indians plundered the house of a l\lr Howe, a few miles east of Camp 
Logan, and a detachment of se\-en men of company F, 8th cavalry, was sent 
under Lieut Pike to pursue them. Pike may have ùeen a valuable officer, 
BI8T. On" VOL. II. 35 



546 


THE SHOSHONE 'V AR. 


of October General Steele ordered a cavalry company 
to guard the roads and do picket duty in the Burnt 
River district. 
But depredations ,vere not confined to the Oregon 
side of Snake River. They were quite as frequent in 
Boisé and O,vyhee districts, ,vhere there ,vas no lack 
of nlilitary canlps. So frequent ,vere the raids upon 
the stock-ranges 32 that the farmers declared they must 
give up their in1provements and quit the country 
unless they ,vere stopped. At length they organized 
a force in the lo,ver Boisé Valley. Arlned ,vith guns 
furnished by Fort Boisé, and aided by a squad of sol- 
diers froln that post, they scouted the surrounding 
country thoroughly, retaking some stock and killing 
t,vo Indians. 33 But 'v hile they recovered son)e of their 
property, the stage station at the IDOuth of the 
Payette River ,vas robbed of all its horses. 3 ' And 
this \vas the oft-repeated experience of civil and mili- 
tary parties. Blood as \veIl as spoils marked the course 
of the invaders. 35 Stages, and even the Snake River 


but he was not experienced in Indian-fighting. He was eagerly pushing for- 
ward after the guides, who had discovereù the camp of the thieves, when he 
imprudently gave a shout, which sent the savages flying, leaving a rifle, which 
in their baste was forgotten. Pike very foolishly seized it by the muzzle and 
struck it on a rock to destroy it, when it exploded, wounding him fatally, 
which accident arrested the expedition; anù a second, under Lieut Kauffman, 
failed to overtake the marauders. Oregonian, No\'. 4, 1867; Gen. Order Head- 
quarters lJept Columbia, 110. 3"2. 
82 On the Dight of Oct. 3d, within half a mile of Owyhee City, Joseph F. 
Colwell, a highl)? respected citizen, was killed, scalped, and burned. On the 
following night a raid was made on the cattle in J ordan Valley, within 3 miles 
of Silver City. Four separate incursions were made into Boisé Valley during 
the autumn. Owy'lfe Avalanche, Oct. 5, 1867; Boisé Statesman, Oct. 22, Dec. 
17, 1867; Boi,sé Democrat, Dec. 21, 1876. 
83 A farmer who belonged to the volunteer company of Boisé Valley stated 
that one of the Indians killed was branded with a circle and the figures 184:3, 
8howing that 22 years before he had been thus punished for offences of a simi- 
lar kind. 
iH There was a chief known to his own people as Oulux, and to the settlers 
as Bigfoot, who led many of these raids. He was nearly 7 feet in height, 
nd 
powerfully built, with a foot 14i inches in length. The track of this Indmll 
coulll not be mistaken. He was in Crook's first battle in the spring, on the 
Owyhee, with another chief known as Littlefoot. Yreka Union, Feb. 9, and 
Nov. II, 18ü7. Bigfoot wa
 killed by an 
I:!sassin, who lay in wait for hi
, 
and IJis murderer promised him to guard from the public the secret of Ins 
death, of which he was a
hamed. 
3'> On the 21st of October, in the morning, occurred one of the most painful 
of the many harrowing incidents of the Shoshone war. Two sergean1;s, named 



STEELE RETIRES. 


547 


stean1er Shoshone, were attacked. Letters and ne\V8- 
papers 'v ere found in Indian camps clotted with hlullan 
gore. The people, sick of such horrors, cried loudly 
for relief. But at this juncture, \vhen their services 
,vere nlost needed, the Indian allies \vere Blustered 
out, although General Steele, in nlaking his report, 
fully ackno\vledged their value to the service, saying 
they had done 1110st of the fighting in the late expe- 
ditions, and proved efficient guides and spies. 36 
On the 23d of November Steele relinquished -the 
conlmand of the departnlent of the COluIllbia,31 \vhich 
Nichols anò Denoille, left Camp Lyon in a four-horse ambulance to go to Fort 
Boisé, Delloille having with him his wife, who was in delicate health. Kine 
miles from camp, while passing through a rocky cañon, they were attacked by 
Indians in ambush, and Denoille, who was driving, was killed at the first fire. 
K ichols, not knowing that his comrade was hit, was gi ving his attention to the 
Indians, when Denoille fell out of the wagon dead, and the horses becoming 
frightened ran half a mile at the top of their speed, until one fell and arrested 
the flight of the others. Nichols now sprang out, followed by 
lrs Denoille. 
whom he urged to conceal herself before the Indians came up; but being bereft 
of her reason by the shock of the tragedy, she insisted on returning to find her 
husband; and Nichols, hiding among the rocks, escaped to Carson's farm that 
e\'ening. vVhen a rescuing party went out from Silver City after Denoille's 
body, which was stripped and mutilated, nothing could be learned of the fate 
of his wife. A scouting party was immediately organized at Camp Lyon. At 
the Owyhee River the troops came upon a camp, from which the inmates fled, 
leaving only two Indian women. These women declared that .Mrs Denoille 
had not been harmed, but was held for ransom. One of them being sent to 
inquire what ransom would be required, failed to return, when the troops re- 
treated to camp to refit for a longer expedition. Col Coppinger and Capt. 
Hunt immediately resumed the pursuit, but the Indians had escape(l. Ahout 
the miùdle of Dec. a scouting party attacked a camp of twenty savages, kill- 
ing five and capturing six. Some of 
1rs DenoiUe's clothing was found on one 
of the captured women, who said that the white captive was taken south to 
'Vinnemucca to be held for a high ransom. It was not until in the summer 
of 18G8 that the truth was ascertained, when to a scout named Hicks was 
pointed out the place of the woman's death, and her bleaching bones. She 
had been taken half a mile from the road where the attack was matIe. dragged 
by the neck to a con\'enient block of stone, her head laid upon it, and crushed 
with another stone. The Indian who described the scene, ana his part in it, 
was ridùled by the bullets of the company. Boisé Statesm(u
, Oct, 
4, 
6, and 
Dec. 17, 1867; Owyhee.A. valanche, June 13, 18G8. 
36 Rppt Sec. JVar, 18G7-8, i. 79; Oregonian, Dec. 23. 1867. 
37 Stpele was born in Delhi, N. Y., graduated at 'Vest Point in 184:-J, and 
received a commission as 2d lieut in the 2d reg. U. S. info He served under 
Scott in :Mexico, and was brevetted 1st lieut, then captain, for gallant conduct 
at the battles of Contreras and Chapultepec; and was present at the taking 
of the city of 
Iexico. After the 
lexican war he was stationed in Cal., on 
duty as adj. to Gen. Riley. At the outbreak of the rebellion he was ordered 
to .Missouri, where he was soun promoted to the rank of major in the 11th U. 
S. info For gallant services at \Vilson's Creek, he was made a brig. gen. of 
volunteers; and for subsequent services brevetted maj. gen. On leaving Ore- 
gon he was granted an extended leave of absence, from which he anticipated 
lUuch pleasure, but died suddenly of apoplexy, in S. F. 



548 


THE SHOSHONE '\V AR. 


,vas assumed by General L. H. Rosseau, \vho, ho\v.. 
ever, n1ade no essential changes in the departlnent. 
..L\rrangen1ents were continued in each district for a 
,vinter campaign of great activity.
8 The Inilitary 
journals contain frequent entries of skirn1ishes, \vith a 
fe\v Indians killed, and nlore taken prisoners; with 
ackno\vledgn1ents of some losses to the army in each. 
Crook, \v hose district was in the nlost elevated por- 
tion of the country traversed, kept some portion of 
the troops continually in the field, marching from ten 
to t\venty miles a day over unbroken fields of sno\v 
from one to two feet in depth. In February he was 
on Dunder and Blitzen Creek,89 south of 
Ialheur 
Lake, where he fought the Indians, killing and cap- 
turing fourteen. While returning to Warner, a fe\v 
nights later, the savages crept up to his calnp, and 
killed t\venty-three horses and Inules by shooting- 
arro\ys into them and cutting their throats. Crook 
proceeded toward camp Warner, but sent back a de- 
tachment to discover whether any had returned to 
feast on the horse-flesh. Only t\VO were found so en- 
gaged, who were killed. Another battle \vas fought 
\vith the Indians, in the neighborhood of Steen Moun- 
tain, on the 14th of April, when several \vere killed. 
The troops at Camp Harney made a reconnoissance 
of the Malheur country in May, which resulted in 
surprising ten lodges on the north fork of that river 
near Castle Rock, or as it was sometimes called, 1\fal- 
heur Castle, and capturing a nUlnber of the enenlY, 
among whom was a notorious subchief known as E. 
E. Gantt, who professed a great desire to live there- 
after in peace, and offered to send couriers to bring in 
his warriors and the head chief, We\VR\Ve\Va, who, he 
declared, ,vas as \veary of conflict as himself. 40 On 
88 See general order No.5 district of Owyhee, in Oregonian, Nov. 1867. 
38 So named by Curry's troops, who crossed it in a thunder-storm in 1864. 
Rept Adjt-Gen. Or., ]866, 41. 
'0 Gantt had reasons for his humility. He had been engaged in several 
raids during this spring, driving off the stock from Mormon basin between 
Burnt and Malheur rivers, and capturing two trains of wagons. At length 
the fanners organized a. company, and in concert with the troops from Camp 



HALLECK'S ORDERS. 


549 


this promise he ,vas released, his family, and in all 
about sixty prisoners, \vith their property, and the 
stock plundered from the settlers remaining in the 
hands of the troops. A 111eSsenger ,vas sent to j nter- 
copt General Crook, \vho, having been temporarily 
assigned to the cOlnmand of the departIl1ent of the 
COlulllbia, ,vas on his \vay to the north. 
The Indians had sustained sonle reverses in Idaho, 
anlong \vhich \vas the killing of thir:ty-four \vho had 
attacked the Boisé stage in 
Iay, killing the driyer 
and \vounding several other persons. 1Iany prisoners 
had also been taken during the ",
inter, and SCHne had 
voluntarily surrendered. Rosseau had issued an order 
in February that all the Indians taken in the district 
of O\vyhee should be sent under guard to Vancouver, 
and those taken in the district of the lakes should be 
sent to Eugene City, via Fort Klalnath, to be deliv- 
ered to the superintendent of Indian aft:'1irs. Those 
at Boisé took advantage of a severe storln, \vhen the 
guards \vere less vigilant than usual, to recover their 
freedorn; but as they only escaped to find thenlsel ves 
given up by their chiefs, it \vas a n1atter of less con- 
sequence. 


According to an order of Halleck's, no treaty could 
be made \vith the Indians bv the officers in his divi::;- 
ion \vithout consulting hiln," and it became nece

ary 
for Crook to \vait for instructions frolll San :Francisco. 
lIe repaired in the nlean tilDe to Call1p Harney, \vhere 


Colfax, inflicted se\'ere chastisement on a portion of this hand. Bigfoot" also, 
on the east side of Snake River, was captured by the farmers' company of th(' 
Payette and the troops from Boisé fort, who happened to come upon his camp at 
the same time, surrounding it, when the Indians surrendered. Ure!/onian, June 
24, 18G8. :Meanwhile, in the Owyhee district the usual murderous attacks 
had been going on, In 
Iay the Indians again shot and killed the dri \"er ûf 
the stage, Robert Dixon, between Boisé City amI Silver City; alH} shot and 
wounded the passengers in another wagon. In 1\larch they had lllurliered a 
farmer named Ja.rvis, nea.r Carson's farm, Owyhpe A'vnlanchp, March 21, 18li8. 
In June they stole stock and killed a young man named Jonas Belkuap, in 
:Mormon basin, who went to recover the horses, cutting his body to pieces, 
and sticking it full of pointed rods with slices of fat bacon 011 the ends. BoÏl;é 
Statesmfl,n, June 13, 18li8. The party which went to finù these Iudians was 
attacked in a cation, and Alex. Sulli van was killed. 



550 


THE SHOSHONE ".,. AR. 


. the principal chiefs of the hostile ba.nds were assem- 
bleù, and \vhere a council was held on the 30th of 
June. 
"Do you see any fe\ver soldiers than t\VO years ago?" 
aske(l he. "No; more." "Have you as rnany \var- 
riors ?" "No; not half as many." "Very wen; that 
is as I Inean to have it until you are all gone."41 The 
chiefs kne\v this \vas no enlpty threat, and \vere terri- 
fied. They sued earnestly for peace, and Crook nlade 
his o\vn terms. He did not ofrer to place then1 on a 
reservation, \vhere they \vould be fed \vhi]e they idled 
and plotted Inischief. He siIllply told them he \vould 
ackno\vledge 'Ve\va\ve\va as their chief, \vho should 
lJe responsible for their good conduct. They Inight 
return free into their o\vn country, and establish their 
lieadquarters near Castle Rock on the J\Ialheur, and so 
long as they behaved then1selves honestly and prop- 
erly they \vould not be molested. These ternlS \vere 
eagerly accepted, and the property of their victirns 
Htill in their possession \vas delivered Up.42 
Crook had no faith in reservations, yet he felt that 
to leave the Indians at liLerty \vas courting a danger 
froln the ennlity of \vhite nlen \vho had personal 
\yrongs to avenge \vhich lnight provoke a rene\val of 
hostilities. To guard against this, he caused the terms 
of the treaty to be extensively published, and appealed 
to the reason and good judgnlent of the people, 1'0- 
ruinding thelll \vhat it had cost to conquer the peace 
\vhich he hoped they might no\v enjoy.43 With regard 
to the loss of life by fighting Indians in Oregon and 
Ida.ho up to this tilDe, it is a nlatter of surprise that it 
,vas so snlall. The losses by TIlurderous attacks au t of 
Lattle \vere far greater. From the first settlelDent of 
Oregon to June 1868, the whole nunlber of perHons 


41 Ree letter to Gov. Ballard of Idaho, in Oregonian, July 29, 18G8; Over- 
land .ßfonthly. ISGD, 162. 
42 Among the relics returned were articles belonging to three deserting 
solùiers, whose fate was thus ascertained, 
431Jles,Q. and Docs, 1868-9,380-6; IJayes' Indian Scraps, v. 142; Oregonian, 
July 13, 18G8. 



TREATY OF PEACE. 


551 


known to be killed and ,younded by Indians ,vas 1,394. 
Of these only about 90 ,vere killed 
r ,vounded in battle. 
The proportion of killed to "rounded ,vas 1,130 to 264, 
sho,ving how certain \vas the savage aim. A nlighty 
incubus seenled lifted off the state when peace \va& 
declared. General Crook, no\v in COllI 111 and of the 
depart111ent, \vas invited to Salenl at the sitting of 
the legislative assenlbly to-receive the thanks of that 
body.44: 
The treaty \vhich had been nlade was with the 
l\falhcur and Warner Lake Shoshones only. There 
,vere still some straggling bands of Idaho Shoshones 
,vho were not brought in until August; and the troops 
still scouting on the southern boròer of Oregon con- 
tinued for SOllle tiIue to find camps of Pah Utes, and 
also of the Pit River Indians, ,vith \VhOlll a council ,vas 
subsequently held in Round Valley, California. Early 
in July bet\veen seventy and eighty of Winnemucca's 
people ,vith three subchiefs \vere captured, and sur- 
rendered at Canlp C. F. Sn1Ïth, "\vhere," said Crook 
in one of his reports, "there seenlS to be a disposition 
to feed them, contrary to instructions from these 
11 eadq uarters." 
The Indians had subrnitted to force, but it ,vas a 
tedious task, subjecting theln to the Indian depart- 
n}ent, \vhich had to be done. Crook had said to thenl, 
" You are free as air so long as you keep the peace;" 
but the Indian superintendent said, "You signcd a 
treaty in 1865 ,vhich congress has since ratified, and 
you lllust go ,vhere you then agreed to go, or forfeit 
the benefits of the treaty; and we have, besides, the 
po\ver to use the military against you if you do Hot." 
This argulnent \\?as the last resorted to. The tone of 
the Indian department ,vas conciliatory; sometillle
 
too nluch so for the conlprehension of savages. They 
never conceded anything unless forced to do so, a nel 
ho\v should they kno,v that the \vhite race practised 


'''' See Senate Joint Resolution, no. 6, in Or. IIolf.'
e Jour., 1868. 8.3-6; Or. 
Laws, 1868, 99-100, 102-3; Or. Legis. Docs, 18G8; Governor's }'Iessage, 4-5. 



552 


THE SHOSHONE WAR. 


such magnanimity? Crook cautioned his subordi- 
nates on this point, telling them to disabuse the n1inds 
of the Indians of the notion that the government ,vas 
favored by their abstinence from war. 
Superintendent Huntington, who had talked ,vith 
Wewa\vewa about the settlement of his people, ,vas 
told that the l\Ialheur Indians would consent to go 
upon the Siletz reservation in western Oregon, but 
that those about Carnp "\Varner would not, and noth- 
ing was done toward ren10ving then1 in 1868. J\fean- 
tin1e Huntington died, and A. B. Meacham ,vas 
appointed in his place. A srnall part of the \V oIpape 
and Warner Lake Shoshones consented to go upon the 
east side of Klalnath reservation; but in 1869 ll10st 
of these Indians were at large, and sufficiently un- 
friendly to alarm the ,vhite inhabitants of that part of 
the state. 
And now the bad effects of the late policy began to 
appear. When the Shoshones were first conquered 
they would have gone wherever Crook said they Blust 
go. But being so long free, they refused to be placed 
on any reservation. Other tribes, irnitating their ex- 
an1ple, were restless and dissatisfied, even threatening, 
and affairs assu1l1ed so serious an aspect that Crook 
requested the comlnander of the division to ,vithdra\v 
no 1110re troops fronl Oregon, as he felt assured any 
attempt to forcibly reillove the Indians-a n1easure 
daily becoming lTIOre necessary to the security of the 
settlements-,vould precipitate another Indian ,val', 
and that the presence of the military \vas at that titHe 
neces8ary to restrain nlany roving bands fror11 C0111- 
mitting depredations. 45 
About the 20th of October Superintendent l\fea- 
cham, assisted by the comnlanding officer at Calnp 
Harney, held a council ,vith the Indians under \v.... e- 


4'> The facts here stated are taken from the military correspondence in the 
<1ept of the Columbia, copied by permission of General .J eff C. Davis, to whose 
courtesy I have been much indebted. For convenience, I shall hereafter refeL' 
to these letters as ßlilitary Corr(',çpondence, with appropriate <late. The above 
expression of opinion was ùated :l\Iay 8, 1869. 



LATER TROUBLES. 


553 


\va\ve\\Ta, which ended by their declining to go upon 
the Klamath reservation as requested, because Crook, 
who could have persuaded thenl to it, declined to do 
80,'6 for the reason that he believed that l\leacham 
had prornised more than he would be al)le to perform. 
Early in N oven) ber 
Ieacham held a council ,,,ith 
the Indians assernbled at Camp Warner under Otsehoe, 
a chief who controlled several of the lately hostile 
bands, and persuaded this chief tÇ> go with his fol- 
lo,vers upon the Klamath reserve. But the war 
departnlent gave neither encouragement nor rnaterial 
assistance, although Otsehoe and other Indians about 
'Varner Lake \vere known to Crook to be amongst 
the ,vorst of their race, and dangerous to leave at 
large. 4ï 
True to his restless nature, Otsehoe left the reser- 
vation in the spring of 1870, "There his people had 
been fed through the ,vinter. They de
erted in de- 
tachments, Otsehoe remaining to the last; and ,vhen 
the conln1Ïssary required the chief to bring theln back, 
he replied that Maj Jr Otis desired then1 to remain at 
Canlp 'Varner, a statement which was true, at least 
in part, as Otis hinlself adlnitted. 48 
Otsehoe, ho,vever, finaI1y consented to make his 
home at Camp Yainax, so far as to stay on the reser- 


{6 'I did not order them to go with :Mr :l\Ieacham, for the reason that I have 
their confidence that I will do or order only what is best and right, both 
for themselves and the government.' 1.1/ilitaJ'Y Correspondence, Dec. 7, 18G9. 
i7 'Among these bands,' says Gen. Crook, 'and those near Harney, are 
some as crafty amI bad as any I ha\7e ever seen, and if they are retained in 
the vicinity of their old haunts, and the Indian department manages them as 
they have other tribes in most cases, they will have trouble with them.' Mil- 
itary Correspondence, 
larch 4, 18G9. 
48' I do not remember giving any Indians permission to stay here, but I 
have said that if they came I would not send them back, because they said 
they could Ii ,.e better here. I shall, howe,'er, ad \-ise the Indians to go over 
and see 
lr :1\Ieacham, in the hope that he will rectify any neglect or wrong 
that may have been done them.' Otis to I van D. Applegate, in LJl ilitary Cor- 
respondvnce, July 18. IH70. Applegate, in reply, says that the Indians were 
well fed and well treated during the winter, but that crickets had destroyed 
their growing grain, and .Meacham's arriyal had been delayed, owing to the 
tardiness of the Indian department in the cast, besides 
 hich reasons, suffi- 
cient to discourage the unstable Indian mind, Archie 
lclntosh, one of the 
Boisé Indian scouts, had been making mischief on the resen'ation, by repre- 
senting that Otsehoe was wanted with his people at Camp \Varner. 



554 


THE SHOSHONE 'V AR. 


'vation during the \vinter season, but roving abroad in 
the SUlnmer through the region about Warner and 
Goose lakes. In 
Iarch 1871, by executive order, a 
reservation containing 2,275 square miles ,vas set 
apart, on the north fork of the J\Ialheur River, for 
the use of the Shoshones. In the auturnn of 1873 a 
portion of then1 \vere induced to go upon it, ll10st of 
\VhOln absented thenlselves on the return of sunln1er. 
Gradually, ho\vever, and ,vith nutny dra\vbacks, the 
Indian departlllent obtained control of these nOlnadic 
peoples, \vho \vere brought under those restraints 
\v hich are the first step to\vard civilization. 49 
With the settlernent of the Shoshones upon a res- 
ervation, the title of the Indians of Oregon to lands 
\vithin the boundaries of the state was extinguished. 
The Grand Rond reservation in the Willamette Val- 
ley ,vas afterward purchased of the Indians and thro,vn 
open to settlement. The 1Ialheur reservation \vas 
abandoned, the Indians being renloved to Washing- 
ton. 50 Propositions have been Inade to the tribes 
on the U l1Jatilla reservation to sell their lands, SOUle 
of the best in the state, but so far \vith no success, 
these Indians being strongly opposed to renloval. 
Ten years after the close of the Shoshone ,val', clailll 
,vas laid by a chief of the Nez Perces to a valley in 
north-eastern Oregon, the narrative of which I shall 
enlbody in the history of Idaho. Thus swiftly and 
Jnercilessly European ci vilization clears the forests of 
America of their lords aboriginal, of the people placed 
there by the ahnighty for SOlne purpose of his o\vn, 
s\viftly and nlercilessly clearing them, whether done 
by catholic, protestant, or infidel, by Spaniard, Eng- 
lishman, or Russian, or whether done in the name of 
Christ, Joe Sluith, or the devil. 


49 Ind. .A.ff. Rept, 1873,320-4; H. Ex. Doc., 99, 43d congo 2d sess.; Owyhee 
Ãt'alanche, Oct. 11, 1873. 
õO'Vinnemucca's people refused to remain at the Yakima agency, and made 
their exoùus a few years ago to Nevada, whence they came. 



CHAPTER XXII. 


THE J\IODOC 'VAR. 


1864-1873. 


LA
D OF THE 
IODOC
-KEINTPOOS, OR CAPTAIN JACK-AGENTS, SUPERIN- 
TE
DE
TS. AND TREATIES-KEI
TPOOS DECLINES TO Go ON A RESERVA- 
TION-RAIDS-TROOPS IN PURSUIT-JACK TAKES TO THE LAVA-BEDS- 
ApPOINTMENT OF A PEACE COMMISSIOXER-AsSASSINATION OF CANBY, 
THOMAS, AND SHERWOOD-JACK I
VESTED IN HIS STRO
GHOLD-HE 
ESCAPES-CRUSHING DEFEAT OF TROOPS UNDER THOMAS-CAPTAIN JACK 
PURSUED, CAUGHT, AND EXECUTED. 


THE Modoc war, fought almo
t equally in California 
and Oregon, is presented in this volulne because 
that tribe belonged to the Oregon superintendency, 
and for other reasons \vhich \vill appear as I proceed. 
Frotn the titne that certain of l1-'rén10nt's men \vere 
killed on the shore of !Clalnath Lake do\yn to 1864, 
wben superintendent Huntington of Oregon entered 
into a treaty \yith then} and the Klanlaths, the l\Iodocs l 
l1a<1 been the Í111placablo enen1Ïes of the \v hite race, 
and \vere not on Illuch n10re friendly terms \vith other 
tribes of their o\vn race, sustaining a warlike char- 
acter every\vhere. They lived on the border-land be- 
t\ycen CalifÓrnia and Uregon, but chiefly in the latter, 
the old head chief, Sconchin, having his home on 
Sprague River, \vhich flo\vs into the upper Klan1ath 
Lake, and the subchiefs in different localities. 
ICeintpoos, a young subchief, had his headquarters 
1 :Modoc, according to E. Steele of Yreka. is a Shasta word signifying 
'stranger,' or 'hostile stranger,' and came into use as a name by white miners, 
through hearing the Shastas use it, Ind. Aff. Rept. 1864, 121. Linsey Ap- 
plegate, who is familiar with their history, has a list of persons killed by 
them, to the number of 95. l1Ùstorical Correspondence, 118. 
(655) 



556 


THE MODOC \V AR. 


any\vhere about Tule Lake, ranging the country froin 
Link River, bet\veen the two Klanlath Jakes, to 
Y reka, in California. He wa.s called Captain Jack by 
the ,vhite settlers, on account of some military orna- 
nlents which he had added to his ordinary shirt, trou- 
sers, and cap; was not an unadulterated savage, having 
lived long enough about mining canlps to acquire SOlne 
of the vices of civilization, and nlaking llloney by the 
prostitution of the ,vornen of his band more than by 
honest labor. Some of the boys of this band of 
Modocs were enlployed as house-servants in Y rel{a, 
by ,vhich means they acquired a good understand- 
ing of the English language, and at the satne tinle 
failed not to learn 'v hatever of evil practices they 
observed among their superiors of the ,vhite ra.ce. 
During the civil \var they heard nluch about the pro- 
priety of killing off the \v hite people of the north, and 
other Inatters in harrnony \vith their savage instincts; 
and being unable to con1prehend the numerical strength 
of the American people, conceived the notion that this 
,vas a favorable time to Inake ,var upon them, \vhile 
their soldiers ,vere fighting a long ,yay off. 
E. Steele, Indian superintendent of California, when 
he entered upon the duties of his office in 1863, found 
the Klainaths and l\lodocs, under their chiefs Lalake 
and Sconchin, preparing to nlake ,vaT upon southern 
Oregon and northern California, having already be- 
gun to perpetrate those thefts and rnurders \v hich are 
a sure prelude to a general outbreak. The operations 
of the 1st Oregon cavalry and the establishnlent of 
Fort Klamath to prevent these outrages are kno\vn 
to the reader. In February 18G4 the 1\Iodocs on the 
border of Oregon and California, who spent lnuch of 
their tilne in Y reka, being alarrned lest punishn)ent 
should. overtake thern for conscious crilues, sought the 
advice of Steele, \vho, ignoring the fact that they had 
been allotted to the Oregon superintendency, took the 
responsibility of making \vith thern a treaty of friend- 
ship and peace. This agreenlellt was bet\veen Steele 



STEELE'S TREATY. 


557 


individually and Keintpoos' band of 
Iodocs, and re- 
quired not.hing of then1 but to refrain from quarrels 
amongst thenlf
e]ves, and froln theft, n1urder, chi1d- 
se]}ing, drunkenness, and prostitution in the ,vhite 
sett1elnents. The penalty for breaking their agree- 
lllent \yas, to be given up to the soldiers. The treaty 
pern1Îtted thelTI to follo\v any legitinlate calling, to 
charge a fair price for ferrying travellers across streams, 
and to act as guides, if desired to do so. On the part 
of the \vhite people, Steele promised protection when 
they callIe to the settlements, but advised their ob- 
taining passes froln the officers at Fort Klan1ath, to 
\"hich they were infornled that they \vould be required 
to report thenlsel ves for inspection. 
This action of Steele's, although prompted by a 
desire to prevent an outbreak, was severely criticised 
later. He \vas aware that congress had granted an 
appropriation for the purpose of Inaking an official 
treaty between the superintendent of Oregon, the 
}'Iodocs, and the Klamaths, and that the latter had 
been fed during the winter previous at the fort, in an- 
ticipation of this treaty. For hin1 to come in \vith 
an individual engagement \vas to lay the foundation 
for trouble \vith the l\Iodocs, who \vere entirely satis- 
fied \vith a treaty, \vhich left thell1 free to visit the 
mining camps, and to perpetrate any peccadilloes \vhich 
they \vere cunning enough to conceal, while a govern- 
Inent treaty which \vould restrain the III fro In such privi- 
leges \yas not likely to be so \vell received or kept. 
ICeintpoos did, ho\vever, agree to the treaty of Octo- 
ber 1864, at the council-grounds on Sprague River, 
,,,hereby the Klalnaths and l\fodocs relinquished to 
the United States all the territory ranged by them, 
e:xcept a certain large tract lying north of Lost River 
,-r alley. 
Sconchin, the head chief of all the 
fodocs, ,vas no\v 
an old man. In his fighting days he bad given inln1i- 
grants and volunteer companies plenty to do to avoid 
his arrows. It was through his warlike activities 



558 


THE .MODOC WAR. 


that the rocky pass round the head of Tule Lake caIne 
to be called Bloody Point. Yet he had observed the 
conditions of the treaty faithfully, living ,vith his band 
at his old hon1e on Sprague River, "\vithin the 1inlits 
of the reservation, and keeping his people quiet. But 
Keintpoos, or Captain Jack, as I shall henceforth call 
hinl, still continued to occupy Lost River l\Ieado\vs, 
a favorite grazing-ground, where his band usually 
"\vÍntered their ponies, and to Ii ve as before a life C0111- 
bining the pleasures of savagery and ciyilization, keep- 
ing his agreen1ent neither with Steele nor the United 
States, t,vo of his followers being arrested in 1867 for 
distributing aIllmunition to the hostil( Snakes. 
This practice, ,vith other infringements of treaty 
obligations, led the agent in charge of the Klamath 
reservation in 1868 to solicit lllilitary aid froITl the 
fort to compel them to go upon the reserve,2 ,vhich 
,vas not at that tilne granted. 
In 1869 the settlers of Siskiyou county, California, 
petitioned General Crook, in comn1and of the Oregon 
departrnent, to relllove the l\Iodocs tû their reserva- 
t.ion, saying that their presence in their midst ,vas 
detrinlental to the interests of the people. Crook 
replied that he ,vould have done so before but for a 
report emanating froln Fort Klanlath that the Indian 
agent did not feed thenl. 3 After S0111e ,veeks, ho\v- 
ever, he, on the den1and of Súperintendent A. B. 

Ieachan), ordered Lieutenant Goodale, cOlnmanding 
at Fort Klamath, to put Jack and his band upon 
the reserve if in his belief the Indian department ,vas 
prepared to care for them properly. Accordingly, in 
Decen1ber, l\Ieacharn obtained a detachnlent of troops 
and repaired to the ford on Lost River, ,vhere he ha.d 
an intervie\v ,vith Jack, iufornling hin1 of the purpose 
of the government to exact the observance of the 


2 Yreka Journal, Nov. 15, 1867; JVoodbrid[/e Messenger, Nov'. 23, 18ô7; Ind. 
Ajf. Rppt, 18G8. 124. 
a 
!lJilitary Correspondence, Oct. 14, and Dec. 7, 1869; Ind. Aff. Rept, 1869, 
155; PO'ltland Oregonian, Aug. 4, 1868. 




IE.ACHA
I AND CAPTAIN JACK. 


559 


treaty. Jack hesitated and prevaricated, and during 
the night fled ,vith a part of his follo\vers to the lava- 
beds south of Tule Lake, leaving the calnp in charge 
of t\VO subchiefs, George and Riddle. But l\Ieachan1 
rClnained upon the ground, and after t\VO or three 
days' correspondence \vith J ark by Oleans of rnesseu- 
gers, obtained his consent to corne upon the reservation 
,vith his people, Jack at the sarne tilHe confiding his 
rcsol \Te to George not to reIllain longer than he found 
it agreeable.' J\Ieachanl established Jack cOlllfortably 
at ßIodoc Point, on Klanlath Lake, by his o\vn desire, 
,yhere also Sconchin ,vas telllporarily located \vhile 
ilnprovenlents ,"ere being nlade upon the lands in- 
tended for cultivation. 
As I have intimated, the military department thre\v 
doubts upon the Inanner in \vhich the Indian depart- 
nlent provided for the \yants of the Indians; and to 
prevent any occasion beiug gi ven to Jack to violate 
treaty obligations, Captain o. C. Knapp ,vas co 111- 
Inissioned agent,6 ,vho was profuse in his aHo\vances 
to the l\IodocH in order t
 cultivate their regard. But 
all in vain. Early in the spring J aek, pretending to be 
starved, but in reality longing for the dissipations of 
Y reka, and designing, by dra,ving a\vay as D.lany as pos- 
sible of Sconchin's men, to becolne a full chief, left the 
reservation \vith his band, and returned to Lost River 
VaHey, which \vas now being settled up by \vhite 
cattle-raisers. This movement of Jack's caused l\Iea- 
chanl to accuse Knapp of permitting the Klanlaths 
to annoy and insult the l\lodocs, thus provoking theYl1 
to flight. l\feachanl ,vas a Ulan ,vith a hobby. He 
believed that he kne\v all about the savage race, and 
ho\v to control it. Like Steele, ,vben he a.ccepted 
the chieftainship of Jack's band in 1864, he ,vas flat- 
'0, o. Appl(>gate'.
 ltfodoc Hi8lory, 
lS., 2. This is a full and competent 
account of .Modoc affairs from 1864 to 187:3. No one has a more thorough and 
intelligent knowledge of the customs, manners, ideas, and history of this tribe 
than :1\11' Applegate. 
5 .Military otliccrs were, in the autumn of 1869, substituted for other agents 
at each of the reservations in eastern Oregon, and at several in California. 
Iucl. Aff. RG?pt, 1870, 51. 



560 


THE MODOC 'V AR. 


tered by the distinction of being the friend of these 
,vild people, and his theory \vas that he could govern 
then1 through his hold on their esteem. Knapp ,vas 
accused by Jack of causing his people to labor at lnak- 
ing rails for fencing, with providing insufficient food, 
and with 1l10ving thenl from place to place, alt.hough 
he had only proposed to remove them to land lllore 
suitable for opening farms, and furnished ,vith ,vooel 
and grass,6 and this, Meacham said, ,vas reason enough 



 
<> 
9' 


THE MODOC COUNTRY. 


for their leaving the reservation. He now called upon 
the commandant of the fort to take nleasures to return 
Jack and his band to the reserve, and also insisted 
upon the relative posit.ions of the civil superintendent 
and military agent being made clear by the depart- 
n1ent at Washington. Having a military agent did 
not seem to work well, since Captain Knapp, through 
his kno,vledge of affairs at the fort, and the inefficiency 
of Goodale's command, refrained from n1aking a requi- 
e Military Correspondence, :MS., 
farch 18, 1873. 



PREPARATIOXS FOR TROUBLE. 


561 


sition npon hinI, \y hen in his character of agent it "ras 
his duty to have done so. This neglect caused Goodale 
to be censured, \vho promptly placed the blanle upon 
Knapp, \"hile adlnittilJg the soundness of his judg- 
lllent.' O\ving to the inferiority of the force at 
IClanIath, no steps \\-ere taken for a year and a half to 
bring back the l\Iodocs under Jack to the reservation, 
during \vhich tiuIe they roalned at ,viII froin one re- 
sort to another, nlaking free use of the beef of the 
settlers 011 Lost River, and by their insolence each 
SUll1lner frightening the ,vornen into flight. 8 
In August 1870 General Crook ,vas relieved from 
the cOIHnland of the Department of the Colunlbia by 
General E. R. S. Canby, and sent to fight the Ind- 
ians of Arizona, for \v hich purpose all the Inilitary 
stations in Oregon \vere depleted. 9 At Fort Klam- 
ath there \vas one company, K, of the 23d infantry 
under Lieutenant Goodale, and no cavalry, \v hile at 
Canlp \Varner, over a hundred miles to the east, 
there ,vere t\VO cOlnpanies, one being cavalry, neither 
po
t being Rtrong enough to assist the other, and both 
having to keep in check a large nUlnber of Indians 
subdued by Crook, but not yet trusted to relnaill quies- 
cent. 
There ,vere certain other elelnents to be taken into 
account in considering the causes ,vhich led to the 
l\Ioùoc ,val'. The Klarnaths used fornlerly to be 
allies of the l\lodocs, although they seern never to 
have been so fierce in disposition; but after being 
settled on the reserve and instructed, and especially 
after Lalake, their old chief, ,vas deposed, being sup- 
planted by a renlarkable young Klarnath, nalned by 


7 Letter of Goodale, in Pt/ilitary Corre8pondence, 118" 1\Iay 16, 1870. 
8Jack's band used to range up and down among the rancheros, visiting 
houses in the absence of the men, ordering the women to cook their dinners, 
lounging on beds while the friahtened women complied, and committing va- 
rious similar outrages for twg summers before the war began, cau
ing the 
settlers to send their families to Rogue River Valley for safety. Applegate's 
]lodoc II istory, 
1 s. 
9 Rept of .Maj, -gen. George H. Thomas, in H. Ex. Doc., i. pt ii., 114, 
41st congo 2<1 sess. 
HIS'!', On., VOL. U. 36 



562 


THE MODOC ,V AR. 


the agent Allen David, their anlbition ,ya.s not to 
fight, but to learn the arts of peace. Their advance- 
luent in civilization and conforn1Íty to tr.eaty regula- 
tions \vas a source of pride \vith them, and of annov- 
ance to Captain Jack, the more 
o that the Klamaths 
had assisted in arresti ng the l\Iodocs guilty of aiding 
the hostile Shoshones with anlmunition. But Jack 
,vas even Illore annoyed ,vith Sconchin, ,,,honl he 
taunted with remaining on the reservation 11l0re for 
convenience than care for his people,Io ,vhorn Jack 
,vas constantly endeavoring to entice a\vay. 
In 1870, having been left so long to follo,v his O\V11 
devices, Jack made a formal claim to a tract of land, 
already settled upon, six Iuiles square, and lying on 
both sides of the Oregon and California line, near 
the head of Tule Lake. Superintendent Meachaln, 
not kno\ving ho\v to conlpel Jack to bring his people 
upon the reserve, reported to the secretary of the 
interior, recommending that this tract as described 
should be allowed thelll as a reserve. A more ul1\vise 
proposition could not have been made; for aside 
fronl the precedent established, there ,vas the conflict 
with the settlers already in possession within these 
lilnits, the opposition of the neighboring farrners to 
having this degraded band in their vicinity, and the 
encouragement given to Jack, ,yho \vas infornlüd of 
the superintendent's action, bearing upon the future 
aspect of the case. 
Previous to this Knapp ,vent to Yreka to have an 
interview ,vith Jack, \vhose ilnportance increased váth 
finding hirrlself the object of su nluch solicitude, and 
,vho flatly refused to go \vith hinl to Canlp Yainax, 
Sconchin's honle, to llleet the superintendent. Dur- 
ing the sumn1er of 1871 he frequently visited the 
reservation, dc(ying the n1ilitary authorities, and 
boasting that in Yreka he had friends \vho gave hiul 


lOW. V. Rhinehart, in lIistorical Correspondence, MS., agrees with Jack 
about this. But Sconchin was never detected in illicit intercourse with the 
enemy. 



MURDER BY CAPTAIN JACK. 


563 


and his people passes to go ,vhere they pleased, which 
boast he ,vas able to confirm. l1 At length Jack pre- 
cipitated the neces
ity of arresting him by going upon 
the reservation and killing a 'doctor,' \v ho, having failed 
to save the lives of t,vo persons in his fan1ily, ,vas, 
according to savage reasoning, guilty of their deaths. 
It i
 doubtful if an Indian \vho had lived so Iuuch 
alllong white people believed in the doctor's guilt; 
but \vhether he really Ineant to avenge the death of 
his relatives or to express his defiance of United 
States authority, the effect ,vas the same. By the 
tcrnlS of the treaty the governlnent was bound 
to defend the reservation Indians against their 
enenlÍes. I van D. Applegate, cOlnn1Íssary at Canlp 
Yainax, Ina.de a requisition upon the conllllander at 
Fort Khunath to arrest Jack for lllurder, the effort to 
do RO being rendered ineffectual by the interference of 
Jack's ,vhite friends in Y reka. 12 
Lieutenant Goodale ,vas relieved at Fort Klamath 
in 1870, Ly Captain J alues Jackson, 1st United States 
cavalry, \yith his cOlnpany, B. Knapp had also been 
relieved of the agency on the reservation by John 
l\Ieachaln, brother of the superintendent, who on being 
illforlneù of the n1urder on the re8erve instructed the 
agent to rnake no arrests until a conference should 
ha ve been had ,vith Jack and his lieutenants, at the 
sanle tinle nanling John 1Ieachanl and I van D. Apple- 
gate as his l'epresentati ves to confer ,vith them. 13 
11 Says .Jackson: 'He carries around with him letters from prominent citi- 
zens of Yreka, testifying to his good conduct and good faith with the whites. 
:Many of the settlers in the district where h{> roams are opposed to having him 
molested,' It/iltlary Uorrespondence, :MS., Aug. 29, 1871. This was true of 
some of the settlers on the six-mile tract, who feared to be massacred should 
hi:s arrest be attempted. How well they understood the danger was soon 
pro\'pd. 
12 The following is a copy of a paper carried around by Jack: 'Yreka. 
June 2ß, 1871. Captain Jack has been to Yreka to know what the whites are 
going to do with him for killing the doctor, The white people should not 
m('.ldle with them in their laws among themselves, further than to persuade 
them out of their foolish notions. \Yhite people are not mad at them for 
executing their own laws, and should not be anywhere. Let them settle all 
these matters among themselves, and then our people will be in no danger 
from them. E. Steele.' Applfgate's ..Jfodoc llist., M.S. 
13 Lieut R. H. Anderson, in AIilitary Corre.c;pondence, 
IS., Aug. 4, 1871; 
H. Com. Rept, 98, 2.37-67, 42d congo 3d sess. 



564 


THE :MODOC 'V AR. 


This desire having been comnlunlcated to Canby, he 
directed J aclu
on to suspend any nlea:sures looking to 
the arre
t of J aek until the superintendent's order for 
a conference had been carried out, but to hold his corn- 
111and in readiness to act promptly for the protection 
of the settlers in the vicinity should the couduct of 
the Indians rnake it necessary. At the sanle tinle a 
confidential order was issued to the con1111anding offi- 
cer at Vancouver to place in effective condition for 
field service t\VO cotl1panies of infantry at that post. a 
In cornpliance with the tenlporizing policy of the 
superintendent, John l\Ieacharn despatched Sconchin 
,vith a letter to John Fairchild, living on the road 
frorn Tule Lake to Y reka, a. frontierslnan well kno,vn 
to and respected by the Indians, and \vho acconlpanied 
Sconchin, and \vith him found tTack, \vho refused to 
hold a conference with the agent and comnlissary, as 
d e
ired. 
Alnong the settlers in the country desired by Jack 
,,,,as Oregon's venerable pioneer, Jesse Applegate, re- 
siding as agent upon a tract clailned by J e
se D. Carr 
of California, and lying partly in that state and partly 
in Oregon. Of Applegate, Jack denlanded pay for 
occupation. On being refused, one of Jack's personal 
guard, kno\",n as Black Jirn, set out on a raid anlong 
the settlers, at the head of fifteen or t\venty \varriors, 
alarlning the \vhole cOlnnlunity, and causing them to 
give notice at the agency. These things led to a fur- 
ther attempt to gain a conference \vitb Jack, he being 
gi ven to understand that if he \vould consent he would 
be safe from arrest, and allo\ved to rernain for the 
present in the Lost River country. 
At length Jack signified his willingness to see the 
comnlissioners, provided they \vould come to hin1 at 
Clear Lake, Applegate's residence, attended by no 
1110re than four men, he prornising to bring \vith hiII1 
the same nun1ber. Word \vas at once sent by Apple- 
gate to Klamath, sixty n1Îles, and the conI missioners 
u JIilitary Corre"
pondence, MS., Aug. 6, 1871. 



A CONFERENCE. 


565 


"ere inforlTIed. On arriving at the rendezvous, they 
found, instead of four or five l\fodocs, twenty-nine, 
in \var-paint and feathers. 
The conference \vas an a,vk\vard one, Black JilH 
doing 1l10st of the talking for the l\Iodocs. J aek ,vas 
sullen, but finally gave as a reason for not returning 
to the reservation that he \vas afraid of the Klamath 
'lnedieine.'15 He also cOlTIplained that the !{lan1- 
aths exasperated him by assnn1Ïng the o\vnership of 
everything on the reserve, dre\y an effective picture of 
the llliseries of such a state of dependence, and denied 
that his people had ever done anything to disturb the 
settlers. I6 When rerninded that he had driven a\yay 
several fanlÎlies, and that those \v ho remained \vere 
assesRed, he denlanded to kno\v ,vho had infornled 
against hiln, but was not told. I7 All through the in- 
tervie\v Jack had the advantage. There \vere thirty 
arnled ModocB against half a dozen 'v hite rIlen, ,vho, 
,yarned by Jack's sullen den)eanor, dared not utter a 
,vord that nlight be as fire to po,vder. He so far 
unbent during the conversation as to prolnise not to 
annoy the settlers. and not to resist the Inilitary, and 
\vas given permission to renlain \yhere he \vas until 
the superintendent could COlne to see them; and upon 
this understanding John 1\Ieachanl ,vrote to that 
functionary that no danger ,yas to be apprehended 
fron1 Jack's band. Yet the conlll1issioners bad hardly 
set out on their return to Yainax 'v hen it ,vas ,yarlnlÿ 
debated ill the J\fodoc carnp \v hether or not to corn- 
nlence bostilities at once by lllurderillg Jesse Apple- 
gate and the other settlers about Clear and 1"ule 
lakes. IS 


15 I am at a loss for a word to ghre as a synonym for 'medicine' as here 
used, It might be the 'evil-eye' of the ancients. 
16 H. F. Miller was at that time paying them an assessment. This man 
said to a neighbor: 'I favor the 11odocs because I am obliged to do it. If 
they go to war they will not kill me, bccause I use them so wcll.' Applegate's 
M Ol
O(, 11 i..."t., IVIS. l\Iark the sequel. 
1. John 
Ieacham, in J /i..,t01'ical Corre8}1ondence, 
IS., Aug. 21, 1871. 
IBThis was aftcrward confessed by the )lodocs to their captors. Apple!Jatc's 
.Modoc 11 ist., MS. 



566 


THE :MODOC \Y AR. 


Agent 
Ieacham's report of security for the present 
,ya8 cOIl1n1unicated by the superintendent to Canby, 
,vho in turn reported it to the division connnander at 
San Francisco, and the nlatter rested. l\fajor Luding- 
ton, n1ilitary inspector, ,vho nlade a tour of the sta- 
tions on the border of California and Oregon, passing 
through canlps Bid\vell, vVarner, and Harney, also 
reported the people on the \"ho]e route free frolu any 
fear of Indians, and that the rumors of alarnl arose 
solely froln petty annoyances to individuals fronl Ind- 
ians visiting the settlelnents. 19 Fort K]aulath ,vas 
not visited by the inspector, and the report of the 
Indian agent nlisled the nlÎlitary depa.rtment. 
But the settlers in the Tule and Clear Lake district 
did not fee] the sanle security. On the contrary, in 
N ovenlber 1871 they petitioned the superintendent 
and Canby to rel110Ve the l\Iodocs to their reserva- 
tion, saying that their conduct was such that they 
dared not allo\v their fanlilies to remain in the coun- 
try.20 Their petition renlained in the superintend- 
ent's hands for t\VO 1110nths before it was sublnitted to 
Canby, with the request that J a.ck's band be relnovcd 
to Camp Yainax, and suggesting that not less than 
fifty troops be sent to perfornl this duty, and that 
COHH11Ìssary Applegate accoillpany the expedition, if 
not o
jected to by Captain J acksou. 
Can by replied that he had con
idereJ the l\Iodoc 
question teillporarily settled by the permission givl}n 
thenl by the conllnissiouers to renlain \vhere they \vcre 
until they had been notified of the deterlnination of 
the governnlent in regard to the six nlÎle8 square 
reconlll1ended by hiln to be given thenl for a separate 
reserve, and that it \vould be inlpolitic to send a ll1Íli- 
tary force against thelu before that decision, or before 
19.i'lilitflry Corre,çpondence, Sept. 2, 1871. Capt. Jackson also wrote, '1 
ha.ve no doubt that they are insolent beggars, but so far as 1 can ascertain no 
one has been robbed, or seriously threatened.' II. Ex. Dvc., i. pt ii., 1l.3,4lst 
congo 2<1 sess. 
:LOSee letter of Jesse Applegate to Supt :Meacham, Feb. 1,1872, in II, Ex. 
Doc., l2:!. 13, 43J congo 1st sess.; ltJilitary Correspondence, 
lS., Jan. 29. 1872j 
Jack
ollville Democrat, 
larch 1, 1873. 



CO
lPLAINTS OF SETTLERS. 


567 


they had been notified of the point to which they 
"'ere to be rculoved; but that in the nlean tirne J ack- 
son \vould be directed to take rneasures to protect the 
settlers, or to aid in the relnoval of the 
Iodocs should 
force be required. 21 
Alarilled by the delay in arresting Jack, a petition 
,vas for\varded to Governor Grover, requesting hinl 
to urge the superintendent to renlove the 1\lodocs, or 
authorize the organization of a cornpany of 11lounted 
n1Ïlitia to be raised in the settlements for three Il1onths' 
service, unless sooner discharged by the governor. 
In this petition they reiterated their fornler COLll- 
plaint, that they had been harassed for four years by 
about 250 of the
e Illdians, 80 of \vhom ,vere fight- 
ing IneH. These latter ,vere insolent and nlenacing, 
insulting their faillilies, dra\ving arn1S upon citizens, 
and in one case firing at a house. They cOlnplained 
that the superintendent had turned a deaf ear, and 
unless the governor could help then) there \"as no 
further autbority to 'v hich they could appeal. Being 
scattered over a large area, it ,vas to be feared that 
in ca
e of an outbreak the loss of life \vould be hea\Ty.22 
Grover succeeded in procuring an order that l\Iajor 
Otis, ,vith a detachment of 50 cavalry and their offi- 
cers, shoulll establish a telnporary calnp in Lost River 
district; Lut Canby refused to take any 1110re active 
llleasures before the ans\ver to the recolllmelHlation of 
tIle superintendent, \"Îth regard to a reservation in 
that country, should arrive frOln ,\r ashington. 
Early in ..L
pril l\Ieachalll \Ya
 relieveJ of the 
uper- 
intendcllcy, and T. B. Odeneal appointed in his place. 
One of his first acts ,vas to take council of Otis in 
rc
ard to the propriety of pern1Ïtting Jack and his 
follo\vers to relnain any longer 'v here they ,yere, 


21 See correspondence in T, B, Od"7lpnl'x l.Iodoc JVar
' Statement ofit.ç Origin 
ana OawiP8, elr... Portland, 18j'3. This pamphlet was prepared hy request of 
II. 'V. Scott, C. P. Crandall, B. Gohlslllith, and Alex. P. Ankeney, of Port. 
lanù
 to correct erroneous impressions occasioned hy irresponsible statements, 
and IS made up chiefly of official documents. 
22 Military Correspondence, 1\18" Jan. 29 aud Feb. 19, 1872. 



568 


THE MODOC 'V AR. 


\vhen Otis n1ade a fornlal recon1n1endation in \vritincr 
that the permission given by 1Ieachanl should L
 
\vithdra\vn, and they directed to go upon the re8er- 
vatiull, the order not to be given before SeptelHbcr; 
that in case of their refusal the n1ilitary could put 
tbell1 upon it in winter, \"hich \vas the 11108t favoraLle 
season for the undertaking. Otis further reCOlll- 
lllellded placing Jack and Black Jinl on the Siletz 
reservation, or any other place of banishrnent fronl 
their people, giving it as his opinion that there ,vould 
be no peace \v hile they \vere at liberty to rOalTI, ,vith- 
out a considerable nlilitary force to cOlnpel his good 
Leba vior. In order to Inake rOOlll for the l\Iodocs, 
and leave them no cause of cOlllplaint, he proposed the 
renloval of Otsehoe's Land of Shoshones, together \"ith 
W e,va\vewa's and SOllIe others, to a reservation in the 
l\Ialheur country.23 The saIne reco1l1n1endation \vas 
Blade to Canby on the 15th of April. 
vVhi]e these rnatters \vere under discussion, the 
long-delayed order arrived froIn the COlTIlnissioner úf 
Indian affairs at Wa8hington to ren10ve the l\iodocs, 
if practicable, to the reservation already set apart fer 
thelTI by the treaty of 1864, and to see that they \vere 
protected fron1 the aggressions of the Klalnaths. 
Could this not be done, or if the superintendent 
should be unable to keep thell1 on the reserve, he \vas 
to report his vie\vs of locating thenl at sorne other 
point \vhich he should 
elect. 
Odeneal \vrote to the new agent at Klalnath, L. S. 
Dyar/ 4 and to COlun1Îssary Applegate to seek an 


23 'I make the above recommendations,' he said, 'after commanding the 
military districts of Nevada, Owyhee, and the districts of the lakes,' succes- 
sively since Deccmbcr 18ß7. Udeneal's JIodoc JVar, 2:!. 
2-1 Dyar was the fourth agent in three years. Lindsey Applegate was in- 
cumhent from 18G4 to 18û9, when K.napp \vas substituted to secure the fair 
treatment of the Indians, which it was then supposed only military officers 
could give. But Captain Knapp was more complained of than Applcgate, 
because he endeavored to get some service out of the :Modocs in their own 
l,ehalf. John :l\lcacham was then placed in office for one year, when J. II. 
High, former agent at Fort Hall, supplanted him. Klalllath agency hcing 
undcr aiisignmcllt to the mcthodi
t church for religious teaching. L. 
. Dyar 
was appointed through this influence. All of these men treated the Inùians 
well. 



FUTILE NEGOTIATIONS. 


569 


intervie\v \vith Jacl{, anù endeavor to persuade hilll 
to go to live on the reservation. l\Iajor Otis had 
preyiously nlade an attenlpt, through his Indian scouts, 
to have a conference, but had been repulsed in a 
hanghty manner. Ho\vever, after 111uch negotiation 
it had been agreed that a n1eeting should take place 
at Lost River gap bet\veen Otis, Agent High, I van 
and Oliver Applegate, \vith three or four citizens as 
,,,itnesses, and three or four Klanlath scouts on one 
side, and J aek ,vith half a dozen of his o\vn 111en on 
the other. But according to his fornler tactics, Jack 
presented hirl1self \vith thirty-nine fighting rnen, and 
had Otis at his n1ercy. 
The council at Lost Ri vel' gap \vas productive of no 
good results, Jack denying any conlplaints 11lade by 
the settlers, and one of the \yitnesses, l\Iiller, testifying 
that his conduct \vas peaeeaLle, under the selfish and 
11l1staken belief that ho \vas insuring his O\Yll iIlll11U- 
nity frolH harm. 25 When Odeneal's order arrived for a 
council \vith Jack, that be luight be inforilled of the 
decision of the conlnli
sioner of InJian affairs, Scon- 
chin \"as elnployed to act as 111eSsenger to arrange for 
a luceting at LinkvilJe; but J aek returned for ans\ver 
that anyone desiring to see hilll \vould find hin} in 
his o\vn country. .1\fter considerable effort, a lneeting 
,vas arranged to take place at the Inilitary encanlp- 
llleut at Juniper Springs, on Lost River. Agents 
Dyar and Applegate, attended by sorne of Sconchin's 
head Hlen, rnet Jack and his \varriors on the 14th of 
l\Iay, \vben every argument and persuasion ,vas u
ed 
to influence hilll to cOllfnrln to the treaty, but \vithout 
success. Ilis unalterable reply ,vas that he should 
stay \y here he was, and \vould not molest settlers if 
they did not locate on the ,ve
t side of Lost River, 
near the nlouth, \vhere he had his ,,'inter can1p. .The 
settlers, he said, ,,,,ere al \vays lying about hin1 and 
2:> It is said that :Miller went to Fairchilds and complained bitterly of the 
position in which Otis' questions before the Indians had place<l him. He 
allmittcd that he had not told the truth, but declared that he dared not say 
otherwise. Siskiyou County AJjèÛrs J ]\1S., 53. 



570 


THE 110DOC WAR. 


111aking trouble, but his people ,vere good people, and 
\vould not frighten anybody. He desired only peace, 
and ,vas governed by the advice of the people of 
Y reka, \'" ho kne\v and understood hiln. 26 The old 
chief Sconehin then lnade a strong appeal to Jack to 
accept the bènefits of the treaty, and pointed out the 
danger of resistance, but in vain. 
The conl1nissioners reported accordingly, and also 
that in casting about for SOlne locality \V here Jack's 
band nlight be placed, apart fronl the Klan1aths, 
no land had Leen found unoccupied so good for the 
purpose as that upon the reservation. Calnp Yainax 
,vas, in fact, nearly as far fron1 the Klanlath agency 
as the Lost River country. Nothing no,v renlained 
bu t to prepare to bring the 
Iodocs on to the reser- 
vation. Odeneal gave it as his opinion that the lead- 
ing l11en anlong theln should Le arrested and banished 
to 80nlO distant place until they should agree to abit1e 
by the la,vs, w'hile the renlainder should be renloved 
to Yainax, suggesting the last of September as a 
proper tinle for carrying out this purpose; and the 
cOlnrnissioner issued the order to rerllove the Ill, "peace- 
ably if you can, forcibly if you Blust." 
In 
Iay, the l\Iodocs having broken camp and begun 
their 8Ulllnler roanling, Otis reported his station on 
LOBt River unnecessary, and the troops \vere with- 
dra\vll about the 1st of June. No sooner, ho\vever, 
,yere the troops back at Fort Klanlath than Jack ap- 
peared at the canlp of Sconchin's people, a\yay froll1 
Yainax on their SUlllll1er furlough, \vith forty arillecl 


26 'Yho besides E. Steele Jack referred to is not known. Steele admits 
giving advice to Jack and his followers. ':My advice to them was, and always 
has heen, to return to the reservation, and further, that the officers \\ ouM 
compel them to go. They replied that they would not go, and askcd why the 
treaty that I had made with them when I was superintendent of northern 
California-they supposing that our state line included their village at the 
fi<o;hery-was not good,.. I told them they hall made a new treaty with 
he 
Oregon agency since mine, and sold their lands, and that had d011e away ,nth 
the first one. Jack said he did not agree to it. . .1 have written several letters 
for him to the settlers, in which I stated his ,,,"or<1s to them,' etc. These c
- 
tracts are from a manuscript defence of his actions, writbm by Steele to Ius 
brother at Olympia, in my possession, entitied Steele's .J.1Iodoc Qlle
tion, 
lS. 



STEELE'S PLANS. 


571 


'\varriors, conducting hilllself in such a manner as to 
frighten them back to the agency. The citizens \vere 
hardly less alarnled, and talked once more of organiz- 
ing a lllilitia cOlnpany. The usual correspondence 
follo\ved bet\veen the Indian and 11lilitary departluents, 
and the settlers \vere once III ore assured that their 
safety would be looked after. 27 
'Vhile the l\lodoc question \vas in this critieal stage, 
influences unkno\vn to the departll1ent ,vere at ,york 
confirlning Jack in his defiant course, arising from 
nothing less than a scheme, proposed by Steele of 
Y reka, to secure frolll the governlHent a grant of the 
land deHired by hilll, on condition tbat he and his peo- 
ple should abandon their tribal relation, pay taxes, and 
ilnprove the land, \v hich they prolnised to do. is But 
no one kne\v better tban Steele that to leave the l\10- 
docs in the 111Ïdst of the white settlelnents \v0uld be 
injurious to both races, and nlost of all to the Indians 
then1selves, \vho instead of acquiring the better part 
of civilization \vere sure to take to then1selves only the 
tI 
,vorse; and that the better class of \v hite people Blust 
object to the contiguity of a snlall special reserve in 
their nlÎdst. Not so did the l\10docs thenlsel ves rea- 
son about the nlatter. Steele, because they could 
approach hinl \vith their troubles, and because he siul- 
ply told thenl to go and behave theulselves, \vithout 
seeing that they did so, \vas the ,vhite chief after their 
O\\TIl luinçl, and hi
 \vord \vas la\\"', even against the 
po\ver \vith \vhich they had lllaòe a treaty. They 
\vere proud of his friendship, \vhich gave theIll illl- 
portance in their o\vn eyes, and \v hich blinded thenl 
to their inevitable doon1. So said the settlers, ,vith 
,vhonl I cannot al\vays fully agree. 


27}'lilifary Correspondence, :MS., June 10, 15, and 20, 1872; Odeneal's 11[0- 
doc JVar, 31-2. 
28 Steele was threatened with prosecution by Odcneal, and in the defence 
before referred to, after explaining his acts, says: 'At this last interview with 
Capt. Jack I again tried to persuade him to go upon the resen.atioll, but I 
must confess that i
 was as much to avoid the trouùle and expense that would 
fall upon me in getting the land grant through for them as from any other 
mutive.' JJfodoc Queðtion, .MS., 2.3. 



5 ,..., 
I- 


THE l\10DOC 'VAR. 


It no\v being definitely settled that J [tek's band 
nlust go upon the reservation to reside before "'inter, 
Odeneal repaired to the I{lalnath agency N oven} LeI' 
25th, sending a special Inessenger, J alnes Bro\vn of 
Saleln, aud I van Applegate to Lost River to invite 
theln to rneet hin1 at LinkviIle, and to pl'Olllise thelll 
the kindest treatment if they \vould consent to go 
to Yainax, \v here an1ple provision had Leen ll}ade for 
their support. If they \vould not cun
ent, he requil'e<l 
then1 to IBeet him at Linkville on the 27th for a final 
understanding. 
To the nlilitary authorities a COllllllunication \vas 
addressed requiring them to assist in carrying out the 
instructions of the conllllissioner of Indian affairs by 
conlpelling, if necessary, the obedience of the 
Ioc1ocs 
to recognized authority, and they had signified their 
readiness to perforlTI this duty.29 On the 27th OJe- 
neal and Dyar repaired to Link ville to n1eet the 1\10- 
docs, according to appointn1ent, but found there on]y 
the 11leSsengers, by \V honl they were apprised of J aek's 
refusal either to go upon the reservation or to lBeet 
the superintendent at that place. "Say to the super- 
intendent," returned Jack, "that \ve do not wish to 
see him or talk \vith hiln. We do not \vant any white 
Inan to tell us what to do. Our friends and counsel- 
lors are men in Y reka, California. They tell us to 
stay where \ve are, and \ve intend to do it, and \vill 
not go upon the reservation. I am tired of being 
talked to, and an} done talking." One of Jack's lieu- 
tenants, cOlnnlonly known as Scarface Charley, froB} 
a disfigurement, \vould have taken the lives of the 
messengers upon the spot, but was restrained by Jack, 
'v ho pr
ferred waiting until the superintendent was in 
his po\ver. 30 


29 Odenfal'.
 ..L1fodoc TVar, 33. Capt. Jackson had been superseded in the 
command at Fort Klamath by Maj. G. G. Hunt, who in turn was relieved 
July 17th by :Maj. John Green. 
lajor Otis had also been relieved of the 
command of the district of the lakes by Colonel Frank 'Vheaton, 21st inf. 
3U This was revealed by friendly Indians present at the conference. It is 
found in Dj
ar'8 statement. 



FORCE TO BE USED. 


573 


Being no,v assured that n
thing short of an armed 
force could bring the l\Iodocs to subn1ission, Odeneal 
sent \vord to Colonel Green, in c01l1111and at Fort 
IChullath, that military aid ,vould be required in ar- 
resting Captain Jack, Black Jirn, and Scarface, \vho 
should be held subject to his orders. 
It had never been cont.elnplated by the superintend- 
ent or by Canby that any nUluber of troops under 
fifty should attelnpt to take Jack and his \varriors. 
In vie\v of this necessity, Can by had issued a special 
order early in Septelnber giving "Theaton control of 
the troops at Klan1ath, that in an elllergency of this 
kind he n1ight have a sufficient force to rnake the 
lllovement successful, and \Vheaton had directed 
Green to keep hilll fullyadvised by courier of the 
attitude of the l\Iodocs. But no,v occurred a fatal 
error. I van Applegate, ,vho carried Odeneal's requi- 
sition to the fort, supposed that there ,vas a sufficient 
force of cavalry at the post to arrest half a dozen Ind- 
ian
,:n ho,vever brave or desperate, and gave it as his 
opinion that no serious resistance \yould be lIlade to 
the troops. Odeneal, in his letter to Green, said: "I 
transfer the \vhole rllatter to your departnlent, ,vith- 
out assun1ing to dictate the course you shall pursue 
in executing the order." Green, ,,,,ho \vas of Apple- 
gate's opinion that the 
IodocH \vould yield at the ap- 
pearance of his cavalry, and thinking it better to take 
Jack and his confederates before they \vere reënforced, 
inunediately sent off Captain Jackson \vith thirty-six 
l11en to execute the order. 32 
The troops left .Fort I{lamath at noon on the 28th, 


81 The order to arrest did not include more. Jack was believed to have 
about 60 fighting men, and that about half that number were at his camp. 
82 \Vhen the mistake had been made, there was the usual quarrel between 
the military and Indian departments as to which had been in the wrong. 

en, Canhy 
xonerated Odeneal by saying: 'The time and manner of apply- 
mg force rested in the discretion of the military commander.' It is easy to 
see that Green might have been misled by Applegate's report that Jack had 
only about half his warriors with him, hut he lHU8t ha\'e known that he was 
not carrying out the intentions of the commanding general of the department. 
I myself think that he wished to show how easy a thing it was to dispose of 
the Modoc question when it came into the proper hancls. 



574 


THE 
IODOC WAR. 


officered by Captain Jackson, Lieutenant Boutelle, 
and Dr 1\IcEldery. Odeneal had sent Bro\vn, hi
 
special l1leSsenger, to noti(y the settlers \vho \vere 
likely to be endangered in ease of an engagenlent \yith 
the :i\Iodocs. Ho\v irnperfectly this \vas done the 
sequel proved. 33 The superintendent met Jackson on 
the road about one o'clock on the 1110rning of the 2Ðth, 
directing hirll to 
ay to Jack and his follo\vers that he 
had not COIlle to fight, but to escort thelll to Yail1ax, 
and not to fire a gun except in self-defence. 
A heavy rain \",as falling, through \vhich the troops 
1110ved on, guided by I van Applegate, until daybreak, 
,vhen, arriving near Jack's call1p, they formed in line, 
and advancing rapidly, halted upon the outskirts, 
calling to the l\Iodocs to surrender, Applegate a
ting 
as interpreter. The Indians \vere evidently surpl'i
eJ 
and \vavering, a part of therll seeming \villing to obey, 
but Scarface and Black Jinl, \"ith SOllle others, re- 
tained their arUìS, lllaking hostile deulonstratious dur- 
ing a parley lasting three quarters of an hour. Seeing 
that the leaders gre\v 1110re instead of less defiant, 
Jackson ordered Lieutenant Boutelle to take RotHe 
111en frOln the line and arrest theln. .1\..s they ad- 
vanced, Scarface fired at Boutelle,34 Il}issing hilu. ..A. 
volley froln both sides follo\ved. Alrnost at the first 
fire one cavalryman \vas ki]]ed and seven \vounded. 
The balls fron} the troops mo\ved do\yn fifteen InJian8. 
Up to the tinie that firing cOllllnenced, J act\: had 
remained silent and sullen in his tent, refusing to take 
any part in the proceedings, but on the opening of hos- 
tilities he callie forth and led the retreat of his people, 
no\v nurnbering t\vice as 111any as on the visit of Brown 
and Applegate. In this retreat the \VOIUen and chil- 
dren \vere left behind. It \vas no\v that the rashneS8 
of Colonel Green becanle apparent. Jackson's force, 


S3 Brown afterward said he knew nothing of any settlers below Crawley's 
fann, and that the men he notified said nothing about any. Odeneal'.
 ltlodoc 
J1/ ar, 3H. The truth was that none comprehenùeù the danger. 
S-I Uregonian, Dec. 12, 1872; Y reka Journal, Jan. 1, 187 J; Red Bluff Sen,- 
tinel, Dec. 7, 18';2. 



BEGINNING OF HOS'fILITIES. 


575 


already too light, ,vas lessened by the loss of eight 
Dlcn, 'VhOlll he dared not leave in canlp lest the Indian 
,vornen should Inurder and nlutilate them, and he \,-as 
therefore unable to pursue. Leaving a light skirmish 
line \vith Boutelle, he \vas forced to employ the re- 
Dlainder of the troops in conveying the wounded and 
dead to the east side of the river in canoes, and thence 
balf a mile to the cabin of Dennis Crawley, after 
,vhich he returned and destroyed the Indian canlp. 
In the 11lean tilne a citizens' conlpany, consisting of 
O. C. Applegate, J anles Bro\vn, J. Burnett, D. Cra.\v- 
ley, E. 
lonroe, Cald\\Tell, and Thurber, who had gath- 
ered at Cra\\"ley's to R\vait the result of the atternpted 
arrest, attacked a. sIllaHer canlp on the east side, and 
lost one man, Thurber. They retired to the farm and 
kept up firing at long range to prevent the Indians 
cro
8ing the river and attacking Jackson's comlnand 
on the flank and rear. vVhile t.his \vas going on, t\VO 
Inen fled \vounded to Cra\vley's, one of \VhOn1, Willia.nl 
N us, soon died. At this intirnation that the settlers 
belo\v \vere uninforn1cd of their danger, I van Apple- 
gate, Bro\vn, Burnett, and other citizens went in 
yarious directions to \varn them, leaving but a snIall 
force at Cr
t\vley's to guard the \vounded. During 
their absence Jackson ,vas caned upon to protect this 
place froITl the hostilities of Hooker Jirn and Curly- 
headed Doctor, t\VO of Jack's head men not before 
lllcntioned. As there \vas no ford nearer than eight 
miles, the troops spent t\VO or three hours getting to 
Cra\vley's, where they encamped, and beheld in the 
di
tance the slnoke of burning hay-ricks. 35 
On the 1110rning of the 30th, Captain Jackson hav- 
ing heard that a fan1Ïly nalDed Boddy resided three 
and a half rniles below Cra\vley's, \vho had not been 
,yarned, despatched a detachnlent with a guide to 
ascertain their fate. Finding the faruily absent, and 
the prernises undisturbed, the troops returned \vith 
this report, the guide Crawley coming to the conclu- 
115 s. F. Alta, Dec. 12, 1872; Oregon Hera-ld, Dec. 14, 1872. 



576 


THE :MODOC WAR. 


sion that they had fled south, \varning others on the 
,yay. But in this he ,vas mistaken, four out of a 
fanlily of six at this place having been killed, and t\VO 
having escaped. 36 
It \vas after\yard ascertained that no lllore persons 
,vere killed on the 29th; but on the follo\ving day a 
nunlber of n1en about Tule Lake \vere slain, an10ng 
theIll their good friend Miller. 37 Living \vithin sev- 
enty-five yards of Miller's house was the Brotherton 
fanlÏly, three nlen of \vhich \vere killed. That the 
renlainder \vere saved, \vas due to the courage of J\Irs 
Brotherton, who defended her h01ne for three days 
before relief arrived. 38 The victims in this collision 


86 The men, \Villiam Boddy, Nicholas Schira, his son-in-law, and two step- 
sons, \Villiam and Richard Cravigan, were killed while about their farm work. 
1\lrs Schira, seeing the team-horses coming home without a driver, ran to 
them and found the lines bloody. She put the horses in the stable, and with 
her mother walked along the road to find her husband. About half a mile 
from the hcuse he was found lying on the ground, shot through the head. 
Remembering her brothers, she left her mother with the dead and ran on alone 
to find them. On the way she passed Hooker Jim, Curly-heaJed Doctor, 
Long Jim, One-eyed 
lose, Rock Dave, and Humpy Jerry, all well-known 
members of Jack's band, who did not offer to intercept her. After finding the 
body of one brother, 1\lrs Schira returned to her mother, anù together they 
fled O\Ter a timbered ridge toward Crawley's, but while on the crest, seeing a 
number of persons about the house, mistook them for Indians, and turned 
toward the highest hills in the direction of Linkville, which were then covered 
with snow. After wandering until the middle of the 2d day without food or 
fire, they were met and conducted to the bridge 011 Lost River, from which 
place they were taken to Link ville. On the 2d of Dec. Mrs Schira retunlCd 
with a wagon to look for her dead, but found that Boutelle had gone on the 
same errand. The Boddy family were from Australia, and were industrious, 
worthy people. Jacksonville Spntinel, Dec. 1872. 
37 In the Yreka Journal of Dee, 4, 1872, is the following: 'In the massacre 
of settlers that follo'\\ed the attack on the Modocs, the Indians killed Ilone but 
those who were foremost in trying to force them on the reservation.' On the 
contrary, it is remarkable that not one of those killed were signers of the 
petitions for their removal, lists of which have been published in documents 
here quoted. These persons were afraid to petition for Jack's removal. 
38 Seeing some Indians approaching who had her husband's horses, .Mrs 
Brotherton took the alarm. Three Indians surrounded the house of J olm 
Shroeder, a neighbor, and shot him while he was trying to escape on horse- 
back. Joseph Bl'Otherton, a boy of 15 years, was in company with this man, 
but being on foot, the Indians gave no attention to him while in pursuit of the 
mounted man. Mrs Brotherton, seeing her son running toward the house, 
went out to meet him with a revolver. - Her younger son called her back and 
ran after her, but she ordered him to return to the house and get a Henry rifle, 
telling him to elevate the sight for 800 yards and tire at the IIHlians. He 
obeyed, his still younger sister wiping and handling the cartridges, Under 
cover of the rifle the mother and son reached the house in safety. which was 
fastened, barricaded, and converteù into a fortress by making loop-holes. The 
Indians retired during the night, but guard was maintained. Ona Inùian was 



THE WAR BEGUN. 


577 


between Jack and the troops counted eighteen ,vhite 
men and about the saIne nunlber of Indians. 3 :} 


"\Var ,vas no\v fairly inaugurated. Jack had thro\vn 
do\vn the gauntlet to the United States, and Cra\yley's 
cabin in the Inidst of the grassy lueado\vs of Lost River 
had beconle the headquarters of a so far defeated and 
hUlniliated lnilitary force. The distance frol11 Cra\v- 
ley's to Fort I(larnath \vas sixty n}iles, to the agency 
fifty-five, to Cainp Yainax about the sarne, to Link- 
ville t\venty-three luiIes, to Ashland, in the Rogue 
River Valley, eighty-eight miles, to Camp Warner 
about the sanle distance, and to Y reka farther. 
There ,vere no railroads or telegraph lines in aU the 
country, and a chain of nlountains lay bet\veen the 
camp and the post-road to arlny headquarters. That 
,vas the situation. 
As soon as ne\vs of the fight reached the agency, 
Dyar raised a cOlnpany of thirty-six I(lalnaths, \Vh0111 
he placed under D. J. Ferree, and sent to reënforce 
Jackson. O. C. Applegate hastened to Yainax to 
learn the tenlper of Sconchin's band of J\iodocs, and 
finding them friendly, organized and armed a guard of 
fifteen to prevent a raid on the camp, and taking \vith 
him nine others, part 1\lodocs and part Klaulaths, 
crossed the Sprague River n10untains into Langell 
Valley, and proceeded thence to Clear Lake, to ascer- 
tain the condition of his uncle, Jesse Applegate. 
Arriving Decelnber 2d, he found his brother I van 
had been there \vith a party of six citizens and five 
cavalrymen. The troops being left to guard the 
fanlily at Clear Lake, the citizens set out upon a search 
for the bodies of the killed, and O. C. Applegate \vith 
his company of Indians, hil11self in disguise, inlnle- 
killed and one wounded in the defence. On the third day I van Applegate came 
that way and took the family to Crawley's. Ure!lonian, Dec. 9, 187:2. .llesides 
those mentioned, the persons killed were John 
hroeder, Sover, a herdsman, 
Adam Shillingbow, Christopher Erasmus, Collins, and two travellers, in all 
15 men and boys, besides Nus, Thurman, and the cavalrymau. 
89 s. F. Call, Dec. 2, 6, 8, 1872; S. F. Bulletin, Dec. 2, 3, 12, 27, 1872j S. 
F. Post, DE'c. 6. 1
72; Sac. Union, Dec. 13, 19, 1872. 
IIIBT. OB., VOL. II. 37 



578 


THE MODOC 'YAR. 


diateIy joined in the search. 'Vhile at Brotherton's 
they had a skirulish ,vith Scarface's party of 1Iodocs. 
Fortifying thetnselves in a stable, one of the friendly 
l\Iodocs ,vas sent to hold a parley \vith Scarface, and 
to spy upon hin1, which he did by affecting to sym- 
pathize \vith his cause. He escaped back by pre- 
tending that he \vent to bring in other sy 111pathizers 
frolll the reservation, but instead revealed the plan of 
the enemy, \vhich ,vas to finish the \vork of 111urder 
and piIlage on that day. Jack and eighteen ,varriors 
,vere to proceed down the \vest side of Lost River to 
the Stone Ford, and join Scarface. vVhen they had 
kilìed the men \v ho \vere searching for the dead, they 
\vould return and attack Jackson; but Applegate's 
party prevented the junction. Ferrer's company of 
Klamaths had also been on a scout do\vn the west 
side of the river, under Blo\v, one of the head nlen on 
the reservation, \vhich being observed by Jack, re- 
strained his operations on that side. They could not 
no\v attack \vithout exposing thernselves to the fire 
of t\VO camps a short distance apart, and retired to 
the lava-beds. 
Entering lo\ver Klr.,math Lake from the south was 
a sinal! stream forking to\vard the \vest, the southern 
branch being known as Cottonwood Creek, and the 
,vestern one as vVillow Creek. On the first was a 
farm belonging to Van Bren1er, and on the other the 
farn1 of John A. Fairchilds. On Hot Creek, a stream 
corning into the lake on the west side, lived P. A. 
Dorris. Bet\veen Dorris' and Fairchild's places \vas 
an encampment of forty-five Indians called Hot Creeks, 
a branch of the 1fodocs, a squalid company, but \vho 
if they joined Jack's forces might beconle dangerous; 
and these it \vas detern1ined to bring upon the reser- 
vation. Being a good deal frightened by \vhat they 
kne\v of the late events, they yielded to argun1ent, and 
set out for their ne\v home under the conduct of Fair- 
child, Dorris, and Samuel Culver. 



UNFORTUNATE RUMORS. 


579 


Dyar had been notified to meet then1 at Linkville, 
where the Indians would be turned over to hinl. But 
no,v happened 011e of those conlplications liable to arise 
under circumstances of so nluch excitelnent, \vhen 
everyone desired to be of service to the conlnlon cause 
without knowing in the least ,vhat to do. The saIne 
thought had occurred to Willianl J. Snlall, residing 
three n1Ïles belo\v Whittle's ferry on Klamath River, 
\\"'ho organized a party among his neighbors an4 set 
out for Hot Creek \vith the purpose of removing these 
Indians to the reservation. ICno\ving that they \verc 
liable to fall in with the hostile Modocs, they ,vent 
\vell arnled. At 'Vhittle's the t\VO parties rnet, and the 
conductors of the Indians, being suspicious of the in- 
tentions of Small's Dlen, opposeLl their visiting the 
Indian encampment, on \v hich SUlall and his Inen re- 
turned home. 
In the interim four citizens of LinkviIle, all good 
n1en, hearing of Slnall's enterprise, and anxious for 
its success, started to reënforce hin1- On the \vay H, 
drunken Gernlan named Fritz attached himself to the 
party, and talked noisily of avenging the death of hi
 
friend \Villialll Nus. 
"rom this man's gabble" the re- 
port spread that the Linkville men contemplated the 
111aSSaCre of the Hot Creek Indians. Alarilled bv 
this rumor, Isaac Harris and Zenas Ho\vard hastelle
'l 
by a shorter route to the ferry to \varn Fairchild, so 
that \vhen the Linkville men arrived they found thenl- 
selves confronted by the escort of the Indians \vith 
arms in their hands. An explanation ensueJ, \vhen 
the Linkville party turned off to Slnall's place. Fritz, 
hO\VèVer, ren1ained at the ferry and contrived to alarnl 
the Indians by his drunken utterances. 
When Dvar reached Linkville he too heard the 
rumor afloat, and hastened on to the ferry, although it 
,vas already night, intending to th\vart any evil intent 
by nloving the Indians past Linkville before daylight. 
Fairchild agreed to the proposition, and hastened to 
inform the Indians and explain the cause. An ar- 



580 


THE :MODOC "r AR. 


rangel11ent had been entered into ,vith Sll1all's party 
to escort thenl, and the Indians readily consented, 
saddling their ponies, and the foremost accon)panyina 
Dyar to the ferry. Here they ,vaited for 
onle tim
 
for the remainder to follo,v, ,vhen it ,vas discovered 
that the y had fled back to their native rocks and saO'e- 
ð 
hrush. The few \vith Dyar soon follo,ved, and thus 
ended a laudable attempt to lessen the hostile force 
by placing this band peaceably on the reserve. 
In a day or two these Indians \vere enlployed 
111aking arro\vs and bullets, in the 11lidst of ,vhich a 
,vagon arrived from the Klanlath agency, and another 
attempt was made -to remove the Hot Creek Indinns 
to the reservation, but they disappeared in a night, 
taking with them not only their own horses and pro- 
vi:3ions, but those of their friend Fairchild. 
After the failure of the attempt to renlove the Hot 
Creek band, an effort was Inade by Fairchild, DorriH, 
Beswick, and Ball, all personally ,veIl kno,vn to the 
Modocs, to persuade Jack to surrender and prevent 
the impending war. They found hirll in the juniper 
ridge between Lost River and the lava-beds south of 
Tule Lake; but although he refrained fronl any act of 
hostility to\vards then), he rejected all overtures ,vith 
inlpatience, and declared his desire to fight. In this 
interview Jack denied all responsibility of the affair of 
the 29th, saying that the troops fired first; and further, 
placed all the guilt of the Inurders of innocent settlers 
upon Long Jim, although Scarface, Black JiIn, and 
himself had been recognized among the nlurderers. fo 
The effect of Fairchild's visit was to give Jack an 
opportunity to gain over the Hot Creek head men ,vho 


fOThis moral obliquity of Jack's makes it impossible to heroize him, not- 
,vithstanding I recognize somethi:gg grand in his desperate obstinacy. On his 
trial he said, referring to this occasion: 'I did not think of fighting. John 
}'airchild came to my tent and asked me if I wanted to fight. I told him, 
" No, I was done fighting. '" Scarface admitted at his trial that he killed one 
of the settlers, and Jack was with him. But it is observable all through the 
history of the war that Jack denied his crimes, and endeavored to fasten the 
responsibility upon others, even upon his own friendB. He was the prince of 
liars. 



MILITARY 
IOVE
IENTS. 


581 


accolnpanied birD. It also convinced the Inilitary that 
no terrllS \vould be accepted by the l\fodocs except 
such as they \vere able to enforce. All the fan1Ïlies 
in this region ,vere in1n1ediately sent to Y reka, and 
nlen in isolated places surrounded themselves with 
stockades. 


. 


The courier of Colonel Green found the con1nlander 
of the district of the lakes confined to his bed \vith 
quinsy. He trusted there would be no serious diffi- 
culty, but advised Green to use all the force at his 
coulluand, and sent hilu Captain Perry's troop F, of 
the 1st cavalry, and also a slnall detachn1ent froll} 
Fort Bidwell under Lieutenant J. G. Kyle, which he 
said \vauld give him a force of seventy-five cavalry- 
DIeD in addition to Jackson's COlllpany, or a hundred 
and fifty con1pletely eq uipped troops.41 Before Whea- 
ton's order reached 
'ort KlaJnath the ruischief had 
been consulnrrlated. On ne\vs of the disaster being 
received at Calnp Warner, Perry's troops set out by 
,yay of Yainax, to join Jackson, and Captain R. F. 
Bernard was ordered from Bidwell by the southern 
irumigrant road to the sarne destination. They \vere 
directed to Inake forced marches, the supply-trains to 
follow. But the condition of the roads made travel- 
ling slow, and a \veek had elapsed after Jackson's fight 
before he was reënforced. 
In order to protect the roads between the settle- 
ments, and to keep open the route to Yreka, Bernard's 
troops \vere stationed at Louis Land's place on the 
east shore of Tule Lake, on the borders of that vol- 
canic region popularly known as, the lava-beds, in 
\vhose rocky caves and calÌons Jack had taken refuge 
\vith his follo\vers. FroIn Bernard's carllp to J ack'
 
stronghold, as reported by the scouts, \vas a distance 
of thirteen miles, or t\VO miles froiH the \Vesterll 


41 H. Ex. Doc" 122,40, 43d congo 1st sess, This remark of 'Vheaton's shows 
that he, as well as Odelleal and Applegate, thought there must be at Klamath 
from GO to 75 cavalrymen-twice as many were sent to arrest the .Modocs. 



. 


582 


THE 
IODOC 'V AR. 


horder of the lava-fields. The trail thence was over 
and an)ong rocks of every concei vable size, frolll a pebble 
to a cathedral. The opportunity afforded for conceal- 
11lent, and the danger of intrusion, in such a region 
,yas obvious. 
At Van Bremer's farm, distant twelve llliles frOITI 
the stronghold on the west, was Perry's conl1nand, 
,vhile Jackson remained at Crawley's, ,vhere Green 
had his headquarters. As fast as transportation could 
be procured, the Inaterial of \var \vas being concen- 
trated at this point. General Canby, on receiving in- 
fornlation of the affair of the 29th, at once despatched 
General E. C. 1\fason ,vith a battalion of the 21st in- 
fantry, conlprising parts of C and B cOlnpanies, nUIll- 
bering sixty-four ll1en, to join Wheaton's forces. A 
r--pecial train on the 3d of Decernber conveyed 
Iason, 
Captain George H. Burton, and lieutenants V. 1\[ 
C. Silva, W. H. Boyle, and H. De W. Moore to 
Roseburg, then the terlninus of the Oregon and 
California railroad. 42 The remainder of the ll1arch, 
to Jacksonville and over the mountains through rain 
nnd snow, occupied t,vo weeks, Inaking it the nliddle 
of Decenlber before the infantry reached Cra\vley's. 
It ,vas not until about the San1e time that Wheaton 
reached Green's headquarters, 'v here he found the anl- 
l11ullition nearly exhausted by distribution alnong the 
settlers, necessitating the sending of Bernard to Canlp 
Bid,vell, ninety miles, with wagons, for a supply. 
The governors of both California and Oregon had 
been called upon by the people of their respective 
states to furnish aid. Governor Booth of California 
responded by sending to the frontier arms out of date, 
and amlnunition too large for the guns; 4.3 Governor 
Grover forwarded a better equipment. The Wash- 
4.2 Boyle's Personal Obl
ervation8 on the Conduct of the J.1/odoc JJrar, a manu- 
script of 46 pages, has been of great sen'ice to me in enabling me to gi,'e a con- 
nected account of that remarkable campaign. Boyle was post quartermaster. 
He relates that the talk of the officers at Vancouver was that 'when Green 
goes after those Modocs he will clean them out sooner than a man could say 
Jack Robinson,' and that he tho
lght so himself. 
4.3 Yreka DespatcheJ:J, in Oregonian, Dec. 21, 1872; S. F. Alta, Dec. 13, 1872. 



PREP ARATIONS. 


583 


ington Guards of Portland offered their serviceR, 
,vhich 'v ere declined only because the Inilitia general, 
John E. Ross of Jacksonville, and captain O. C. 
Applegate of Klalnath, had tendered and already had 
their cOlnpanies accepted. 44 Applegate's conlpany was 
Inade up of seventy l11en, nearly half of whom ,vere 
picked Klarnaths, l\Iodocs, Shoshones, and Pit River 
Indians from the reservation. In the interval before 
the first pitched battle they were occupied scout- 
ing, not only to prevent fresh outrages, but to 
intercept any of Jack's lnessengers to Canlp Yainax, 
and prevent their drawing off any of the Sconchin 
band, ,vhom, although they declared their loyalty to be 
unilnpeachable, it was thought prudent to ,vatch. 
Another reason for surveillance ,vas that Jack had 
threatened CaHlp Yainax \vith destruction should 
these l\Iodocs refuse to join in the insurrection, and 
they 'Nere exceedingly nervous, being unarn1ed, except 
the guards. To protect thenl ,vas not only a duty, 
but sound policy. 
In the mean tin1e neither the troops nor the Ind- 
ians ,vere idle. Perry ,vas still at Van BreIner's, with 
forty cavalrymen. Ross ,vas near Whittle's ferry, at 
Snlall's place. On the 16th of Decelnber detachments 
frOlll both cOlnpanies made a reconnoissance of Jack's 
position, approaching within half a n1Ïle of the strong- 
hold, and from their observations being led to believe 
that it was possible so to surround Jack as to compel 
his surrender, although one of his warriors shouted to 
thenl defiantly as they turned back, " Come on 1 Corne 
on I" This exploration revealed Inore perfectly the 
difficult nature of the ground, broken by fissures, 
some a hundred feet in depth and as n1any in \vidth; 
and it revealed also that in certain places were levël 
flats of a fe,v acres covered with grasses, and furnished 
\vith water in abundance, \vhere the Indian horses 
grazed in security. Nothing could be better chosen 
than the Modoc position; and should their arnlliuni- 
4' Orego1Ûan, Dec. 3, 1872; Applegate's 11lodoc War, MS., 17. 



584 


THE !\10DOC 'VAR. 


tion becon1e exhaused, nothing ,vas easier for them 
than to steal out unobserved through the narro\v 
chasrns, ,vhile \vatch was kept upon one of the many 
lofty pinnacles of rock about them. But they ,vere 
not likely to be 
oon forced out by want, since they 
had taken $700 In n10ney at one place, and $3,000 
,vorth of stores at another, besides a large amount of 
anI munition and a fe\v rifles, in addition to their o\Vn 
stock on hand. Everything indicated that hard fight- 
ing \vould be required to dislodge the J\Iodocs. An- 
other delay no\v ensued, caused by sending to Van- 
cou v('r for two ho\vitzers, to assist in driving theill 
out of their fastnesses. 
Both the regular troops and n1Ïlitia \vere restive 
under this detention. The 23d infantry had just 
come from fighting Apaches in Arizona, and ,vere 
convinced that subduing a band of sixty, or at the 
most eighty, J\Iodocs \vould be a trifling Inatter if 
once they could COlne at theln; and the state troops, 
having only enlisted for thirty days, sa\v the tirne 
slipping a\vay in \vhich they had meant to distinguish 
thetl1selves. The weather had becoIIle very cold, and 
the militia \vere ill supplied \vith blankets and certain 
articles of cOlnmissariat. Another difficulty now pre- 
sented itself. They had enlisted to fight in Oregon, 
whereas the retreat chosen by the enemy lay just over 
the boundary in California; but General \Vheaton 
overcanle this last, by ordering Ross to pursue and 
fight the hostile Indians wherever they coulJ be 
found. 45 
Actual hostilities were inaugurated December 22d, 
by Captain Jack attacking Bernard's \vagon-train as 
it \vas returning fron1 Bid.,vell \vith a supply of ar11111U- 
nition, guarded by a srnall detachn1ent. The attack 
was nIad
 a mile fronl camp, on the east side of the 
lake, by firing fron1 an anl buscade, \vhen one soldier 
and six horses were killed at the first fire. Lieuten- 
ant I(yle, hearing the noise of 
hooting, ha
tenúd to 
'
Boyle's Conduct ojtiæ Modoc JVaT, 
lS., 9. 



READY TO FIGHT. 


585 


the rescue \vith nearly all the troops in reserve, but 
ten having had time to lnount, and in this unprepared 
manner fought the Indians the renlainder of the day. 
In this skirmish the long range of the United States 
arms seemed to surprise the 1\Iodocs, as it saved the 
train. The Indians failed to capture the anl1l1unition, 
but lost their o\vn horses, and four \varriors killed and 
,vounded. A bugler \vhom they pursued escaped to 
headquarters, when Jackson's troops ,vere sent to 
reënforce Bernard; but before his arrival the l\Iodoc
 
had retreated. 46 About the sallIe time they sho\ved 
thelTIselves on Lost River, opposite headquarters, in- 
viting the attack of the soldiery; and also near Van 
Bremer's, where Perry anù Ross were encanlped to- 
gether. 
On the 25th of Decenlber Wheaton ordered the 
volunteers to the front, and ,vord was sent to Langell 
Valley, where five fan1iIies still relnained, to fortify. 
Preferring to go to Linkville, they set out in \vagons, 
and were fired upon fronl an anlbush near the springs 
on Lost River, but were relieved and escorted to their 
destination by a scouting party. A supply-train Ü"Ol1I 
Klanlath \vas also attacked, and a part of the escort 
\vounded, being relieved in the sanIe manner by the 
vol unteers. 
Colonel Green, \vho still retained the immediate 
COIDlnand of the troops, \vas no\v ordered to attack 
the Indians \v\lenever in his judgrnent sufficient III ate- 
rial of ,val' was 011 haud. "With the ho\vitzers and 
one sno\v-storn1 I aln ready to begin," had been his 
asseveration. On the 5th of January another recon- 
naissance ,vas made, by Captain ICclly of Ross' bat- 
talion, ,vith a detachlnent üf t\velve IHen, \vith the 
object of finding a nlore practicable route than the 
one in use froin Van Brelller's, \vhere Green had taken 
up his headquarters, to the 
Iodoc stronghulJ. On 


46 Rept of Gen. Wheaton, in II. Ex. Doc., 122, 48-9, 43ù congo 1st sess.; 
Boyle's Couduct of the ..Madoc JVar, 
IS., 7-9; Red Bluff Sentinel, Feb. 1, 
1873. 



586 


THE l\fODOC WAR. 


the ,vay they had a skirlnish with twenty of Jack's 
people, \vho retreated to\vard camp, but being pursued, 
dismounted and fortified. The firing brought a reën- 
forcement froln Jack's caillp, \v hen the volunteers 
retreated to an open field, while the Indians, not car 
iug to engage again, returned to the lava-beds. A 
scout by Applegate \vith t\venty men revealed the 
fact that the high ridge bet\veen Van Bremer's and 
the lava-field, kno,vn as Van BreIner's Hill, \vas used 
as an observatory by the Modocs, ,vho kept them- 
selves inforn1Gd of every movement of the troops. 
On the 12th of January an expedition consisting 
of a detachment of thirteen lHen under Perry, a 
handful of scouts under Donald 1\IcI{ay, and thirty 
of Applegate's nlixed company, the whole under Co1o- 
nel Green, Inade a reconnoissance frorn headq uar- 
ters to ascertain whether \vagons could be taken to a 
position in front of the Modoc stronghold. Green 
,vas fired on fron1 a rocky point of the high bluff on 
the verge of a.nd overlooking the lava-field. Perry 
returned the fire, driving in the l\Iodoc sentinels, and 
shooting one of the Hot Creek Indians through the 
shoulder. Applegate canle up in tinle to observe 
that the Modocs ,vere dividing into snlall parties to 
ascend the hill and get on the flank of the troops, 
,vhen he stretched a 
kirn}ish-line along the bluff 
for a considerable distance to intercept then}. Scar- 
face, who \vas stationed on a high point in the lava- 
bed, cried out in stentorian tones to his \varriors, "Keep 
back, keep back; I can see them in the rocks 1"47 
The 1\Iodoc guard then fell back half-way do\vn the 
hill, where they Inade a. stand and defied the soldiers, 
but lnade strong appeals to the Indian allies to for- 


47 Applegate's Modoc [fist., MS. Another instance of the wonderful voice- 
power of Scarface is mentioned by a writer in the Portland IIfr9,ld, and in 
Early Affaí-rs ill, Siski!/ou County, .1\1S. '\V e distinctly hearù, incredible as it 
may seem, above the distant yells and cries of thc camp below, three or four 
miles away a big basso voice, that sounded like a trumpet, and that seemed 
to give command. The big voice was understood and interpreted as saying: 
" There are but few of them, and they are on foot. Get your horses 1 Get 
your horses 1 " , 



HEAP BIG TALK. 


587 


sake the ,vhite men and join their o,vn race to fight. 
The leaders were very confident. Hooker Jin} said 
once he had been for peace, but now he was for war, 
and if the soldiers ,vished to fight, they should have 
the opportunity, while Jack and Black Jin1 challenged 
the troops to conle down \tV here they were. 
A medicine-,vo111an also made an address to the 
IClanlath and Modoc scouts, saying that were all the 
Indians acting in concert they ,vould be fe\v enough, 
and entreating thenl to join Jack's force. Donald 
J\fcKay ans\vered in the Cayuse tongue that their 
hands ,vere reddened with the blood of innocent 
\" hite peopJe, for ,vhich they should surely be pun- 
ished, \v hen Jack, losing patience, replied that he did 
not ,vant to fight Cayuses, but soldiers, and he invited 
them to corne and fight, and he ,vould whip thenl all. 
The Klamaths asked pernJission to reply, but Colonel 
Green, thinking the C01l1111unication unprofitaLle, for- 
bade it.'s 
It not being Green's intention to fight that day, 
a retreat \vas ordered. To this the Klaulaths \vere 
opposed, saying he had the advantage of position, and 
could easily do SOUle execution on the J\1odocs. As 
Green \vitÌ1dre,v, the 1\Iodocs resumed their pOfSition 
on the hill, and the Klamaths, being then on the crest 
of the second hill, wished to open on then1, but were 
restrained. 
There ,vas lTIuch discussion about this time away 
froIH the seat of war concerning the causes which led 
to it/ 9 and Inuch dissatisfaction ,vas felt that nothing 
had been done to restrain Jack's band, ,vhich still 


.8 It was certainly unsafe allowing the Indian allies to converse with the 
hostile l\lodocs, who appealed to them so strongly for help. The regular offi- 
cers afterward entertained the belief that the Klamaths acted deceitfully, 
and promised Jack help, in the 1\lodoc tongue. But Applegate's confidence 
WJos never shaken, and he tru:3ted them in very great emergencies. M odoc 
11 is!., 1\18. 
49 It was intimated in Cal. that speculation in Oregon had much to do 
with it, to which a writer in the Oregonian, Jan. 18, 1873, retorted that he 
agreed with Gov. Booth in that respect. for citizeng of Cal. had for years 
encouraged the )Iodocs in refusing to go upon the reservation, for no other 
reason than to secure their traùe, etc.; which the facts seem to show. 



588 


THE :MODOC WAR. 


nlade predatory excursions a\vay from their strong- 
hold. It was no\v the ruiddle of January. The set.. 
tIers in Klalnath Valley renlained under cover. The 
road from Tule Lake south\vard ,vas closed. Fairchild 
and Dorris had converted their honles into fortified 
.camps. There was much uneasiness in northern Cal.. 
ifornia, and talk of forn1Íng cOlllpanies of hOlue-guards, 
Dorris being selected to visit Booth to obtain aid. 
But Booth had other advisers, and instead of furnish.. 
ing arms, nlade a reconlolendation to the government 
to set apart five thousand acres of land \vhere Jack 
desired it, as a reservation for his band, all of which 
interference only cOlnplicated affairs, as will be seen. 
On the 16th of January, everything being in readi- 
ness, and the weather foggy, which alls\vered in place 
of a sno\v-storm to conceal the movements of the 
troops, the arruy In arched upon Jack's stronghold. 
o 
The regulard in the field nUl11Lered 225, and the vol. 
unteers about 150. In addition to the conlpanies 
already mentioned \vas one of twenty-four sharp- 
shooters under Fairchild. l\iiller of the Oregon Ini- 
litia had been ordered to the front by Governor 
Grover, but took no part in the action \v hich follo\ved. 
At four o'clock in the morning Colonel Green, \vith 
Perry's troops, 1110ved up to the bluff on the south.. 
,vest corner of Tule Lake to clear it of l\Iodoc pickets, 
and cover the lllovements of the nlain force to a carnp 
on the bluff three Illiles ,vest of Jack's stronghold, so 
located as to be out of sight of the enemy. By three 
in the afternoon the whole force was in position, con- 
sisting of two con1panies of infantry under Captain 
Burton and Lieutenant Moore, a detachnlent of 
another cOl1}pany under Sergeant John l\Ic:N anlara, 


50 \;Vheaton wrote to Canby on the 15th that all things were in excellent 
condition, the most perfect understanding prevailed of what was expected of 
each division, and the troops were in the most exuberaut spirits. 'If tl.le 
Nlodocs will only try to make good their boast to whip 1,000 soldiers, all w
ll 
be satisfied. Our scouts anù friendly Indians insist that the 
lodocs wIll 
fight us desperately, but I ùon't understi.1nd how they can think of attempt- 
ing any serious resistance, though of course we are prepared for their fight or 
flight.' 11. Ex. Doc., 122, 49-50. 43ù congo 1st sef:is. . . 



ATTACK ON THE LAVA-BEDS. 


589 


Ross'voJunteers under Hugh Kelly and O. C. Apple- 
gate; the ho,vitzer battery under Lieutenant W. H. 
1\Iiller, and Fairchild's sharp-shooters; all, but some of 
the scouts, disnlounted, furnished \vith a hundred 
rounds of ammunition, \vith fifty in close reserve, and 
cooked rations for three days. ., A line of pickets ,vas 
thro,vn out along the edge of the bluff and another 
around the canIp. 
On the east side of the lake were Bernard's and 
Jackson's conlpanies, and t\venty regularly enlisted 
Klamath scouts under the chief David HilI, all COlll- 
lllanded by Bernard, \vho had been directed to move 
up to a point t\VO Iniles fron1 the Modoc position, to 
be in readiness to attack at sunrise; but proceeding in 
ignorance of the ground, and contrary to the ad vice of 
his guide, he came so near to the stronghold that he 
,vas attacked, and conlpelled to retreat ,vith four men 
wounded,"l which unfortunate-error greatly em barrassed 
hilTI next day. 
As the troops looked down, on the morning of the 
17th, fronl the high bluff, the fog which overhung the 
la,ya-bed resembled a quiet sea. Do\vn into it they 
'\vere to plunge and feel for the positions as.signed 
thelTI. 1\Iason ,vith the infantry had his position at 
the extrerne left of the line, resting on the lake, with 
Fairchild's sharp-shooters flanking hin1. On his right 
,vere the ho\vitzers, in the centre General Wheaton 
and staff, and generals Miller and Ross of the militia; 
on the right of these l{elly and Applegate wi
h their 
companies, and on the extreme right Perry's troop, 
disn10un ted. 52 
Descending the bluff by a narrow trail, surprised at 
meeting no l\lodoc picket, the troops gained their po- 
sitions, in the order given, about seven in the Inorning. 
It ,\\yas the design to lnove the line out on the right 
until it met Bernard's left in front of the l\Iodoc posi- 


ðl Boyle's Oonduct of the Modoc War, MS., 11. 
62 Boyle places Perry in the centre, but he was not on the field, and Green 
and Applegate were. whose reports I follow. 



590 


THE l\IODOC 'V AR. 


tion, where three shots \vere to be fired by the ho,vit- 
zers to announce a parley, and give Jack an opportu- 
nity to surrender. 
But the accident of the previous afternoon having 
put the l\10docs on their guard, hardly had the line 
formed wh
n the Indians opened fire, and instead of 
surrounding thenl and denlanding their surrender, the 
troops found that they must fight for every foot of 
ground bet\veen them and the fortress. The fog, too, 
no\v became an obstacle instead of an aid to success. 
Unable to discern their course, the troops \vere conl- 
peIled to scran] ble over and amongst the rocks as best 
they could, at the risk any m0111ent of faIling into am- 
bush, making the nlovenlent on the right painfully 
slo\v. Nevertheless it ,vas stea.dily pushed for\vard, 
all caution being used, the nlen often lying flat and 
cra,vling over rocks ,vitbin a fe\v yard
 of the Indians, 
\vho could be heard but not seen. The ho,vitzers, 
,vhich had been relied upon to denloralize the Indians, 
proved useless so long as the enemy's position ,vas 
concealed froin vie\v. The line, after advancing a 
mile and a half, ,vas halted and a fe\v shens thro\vn, 
causing the India.ns sonle alarnl, but through fear of 
hitting Bernard's command the firing ,vas soon sus- 
pended. Again the line ,vas pushed on another nlile 
and a half by a series of short charges, junlping 
chasms and sounding the \var-,vhoop. 
About one o'clock the extreme right of the line, 
which now enveloped the stronghold on the west and 
south, ,vas brought to a halt by a deep, wide gorge in 
the lava, \vhich could not be crossed \vithout sacrifice 
of life,53 as it \vas strongly guarded, and in close neigh- 
borhood to the main citade1. On consultation with 
'Vheaton and other officers, Green deternlined to n10ve 
the \vest line by the left and connect \vith Bernard by 
the shore of the lake. 
At this point SOIne confusion occurred in the line. 


ð3 The reader should not forget that Green intended to capture Jack with. 
out a serious fight, if possible. 
, 



PROGRESS OF THE FIGHT. 


591 


In t.he skirmishing and clambering arnong the rocks, 
and the be\vilderlnent of the fog, the volunteers had 
changed places with Perry's troop, and \vere no\v on 
the extrerne right. They had, in fact, charged do\vn 
the ravine, and Applegate's COllJpany had gained a 
position on the sage plain beyond \v here they lay con- 
cealed. Then carne an order, "Look out for Bernard I" 
and 
 volley which nlowed down the sage over their 
heads, so near \vere they to a junction with him. 
While the volunteers were preparing to charge on the 
stronghold the regular troops had begun to \vithdra\v, 
seeing \vhich, they were for a tilne puzzled, until near- 
ing the 
Iodoc position, it \vas di::;covered that lllost 
of the troops were passing to the left under the bI uffs 
on the \vest side of the lake; soon after which an or- 
der reached the volunteers to report to headquarters, 
\vhere they found a portion of Perry's troop and a re- 
serve of infantry under Lieutenant Ross. 

feanwhile Mason and Green \vere endeavoring to 
nlake the junction by the left, the troops encountering 
a destructive fire as they plunged into a ravine on the 
shore of the lako nearly as dangerous to cross as that 
on the route first pursued. By pushing for\vard the 
sharp-shooters and a detachment of Burton's company 
to cover the troops as they passed, the crossing \vas 
effected. But as Wheaton afterwards said, "There 
\vas nothing to fire at but a puff of smoke issuing fro
 
cracks in the rock;" while the 1\fodocs were stationed 
at the nlost favorable points for picking off the nlen 
as they hurried past, craw ling over the sharp rocks 
on their hands and feet, suffering terribly. 
After Green had passed the first ravine, Bernard 
,vas heard to say that he was within four or five hun- 
dred yards of the stronghold, and Green resol ved if 
possible to join him, and make a charge before dark. 
But after sustaining a fire from the l\Iodocs stationed 
in the cliffs overhanging the lake shore until he had 
almost Inade the junetion, he founll himself confronted 
by another deep cañon, so well defended that he was 



592 


THE MODOC WAR. 


unable to effect a crossing, and \vas, besides, compeIJed 
to defend hin1self fron1 a flank movement by the 110- 
docs on his left. While in this discouraging position 
the fog lifted, and a signal ,vas received fronl Wheaton 
to corne into camp, established in a slnall cove on thf} 
lake shore, if he thought best. But fearing to expose 
his nlen a second tinle to the peril of passing the Mo.. 
doc position, Green declined, and when night had 
fallen, commenced a march of fourteen miles, over a 
trail fit only for a chamois to travel, passing the 
dreaded ravine, carrying the ,vounded in blankets or 
on the backs of ponies captured during the day. Their 
sufferings were severe. One man, belonging to Fair- 
child's company, rode the whole distance with his 
thigh-bone broken and his leg dangling. 5 ' When a 
halt ,vas called, the men fell asleep standing or riding. 
Their clothing was in shreds from crawling arnong 
the rocks; their shoes were worn off their feet. A 
month in the field ,vould not have brought theIH to 
such a state. It ,vas not until past noon of the 18th 
that Green's comrnand reached Bernard's camp on 
the east side of the lake. After making arrangements 
for the renloval of the ,vounded to Fort Klamath, 
seventy Iniles away, over a rough road, three miles of 
which ,vas over naked bowlders, Green and Mason, 
with an escort of ten Indian scouts, returned to head- 
quarters that same night by the wagon-road around 
the north side of the lake. 
When the volunteer captains reported to Wheaton, 
they were ordered to take their men to the lake for 
water, and then to take up a position in the crags, 
and extend a skirmish line to the left. While in this 
position, the Modocs not being far off, Hooker Jinl 
was heard to call the attention of the other leaders 
to the separation of the volunteers from the regular 
troops, and that by moving around to the right of the 
volunteers they could cut them off, and also cut off 
14 Boyle's Oonduct oltM Modoc War, MS., 18-19. This was Jerry Crook. 
He died in February. 



DEFEAT OF TilE SOLDIERS. 


593 


communication bet\veen \Vheaton's camp by the lake 
and his supplies on the hill, \vhich were left in charge 
of only ten 111 en. Signal-fires \vere already springing 
up in that direction. 
This detern1Ïned Wheaton to fall back to camp, and 
he again signalled to Green his change of plan, author- 
izing hirll to \vithdra\v to Bernard's canlp, as just re- 
Jated. At dark the retreat to camp began, Applegate 
leading, the wounded in the centre, and Kelly's COln- 
pany, \vith the detachment under Ross, skirmishing 
in the rear. As the evening advanced the Modocs 
\vithdre\v, and the stumbling and exhausted nlen 
reached camp a little before midnight. 


The Joss sustained in the reconnoissance of the 17th- 
for it could hardly be called a battle-\yas nine killed 
and thirty \"ounded. 55 ArIlong the latter \vere Cap- 
tain Perry and Lieutenant Kyle of the regular ser- 
vice, and Lieutenant George Roberts of the sharp- 
shooters. The dead \vere left upon the field, \vhere if 
Ii fe \vere not extinct the Modoc \vornen soon despatched 
theln. The high spirits of the lHorning \vere sunken 
in a lethargy of n1Ïngled sorro\v and exhaustion at 
night. Every officer \vho had taken part in the oper- 
ations of the 17th \vas surprised at the result of six 
"Teeks' preparation for this event, and it became evi- 
dent that a luuch larger force \voulJ be required to 
capture the Modocs in their stronghold-the strongest 
natural position ever encountered by the army, if not, 
indeed, the strongest possible to find on earth. 56 
The loss of life on the side of the Modocs \vas not 
thought to be great. The arms and ammunition cap- 
tured on the persons of the fallen soldiers nlade good 
llluch of their loss in material. They \vere, in fact, 
scouting within six nlÍles of Lost River on the 19th, 
Lieutenant Rearn \vith t\venty-five volunteers having 
65 This is the official count. Applegate says the loss was 41, of whom 1.1 
were killed. He may count some who did not die on the field, but lived a, 
few days. 
66 Rept of Gen. Wheaton, in H. Ex Doc., 122, 43d cong. 1st BeSs. 
RIST. OB., VOL. II. 38 



594 


THE :MODOC WAR. 


encountered sonle of them as he ,vas on his way to 
Bernard's ,vith the horses of Fairchild's cOIllpany, and 
Applegate ,vas sent to guard the settlements. 
The tilne for ,vhich the Jacksonville volunteers en- 
listed having expired, they were no\v anxious to return 
to their hOlnes and business, \vhich had been hastily 
left at the call of their fello\v-citizens. Applegate, too, 
fearing the effect of the late defeat on the reservation 
IVlodocs, wished to return to camp Yainax. In con- 
sideration of these circurnstances, Wheaton sent a de- 
spatch to Portland, by ,yay of Y reka, asking Canby for 
three hundred foot-troops and four mortars, and sug- 
gesting that the governor of California should be 
called upon to send militia to guard that portion of 
his state open to incursions from the Modocs. Canby 
inlmediately responded by ordering two companies of 
artillery and t\VO of infantry to the seat of \var, and 
as the inhabitants of Surprise Valley apprehended an 
uprising of the Shoshones on account of the Modoc 
excitenlent, a company of cavalry was .sent to their 
defence, making the nUlnber of troops in the Modoc 
region six hundred, exclusive of the garrisons at the 
several posts in the district of the lakes. But even 
with these, the country being in part inadequately 
guarded, the general sent a recoffilnendation to arnlY 
headquarters at Washington, that conditional author- 
ity should be given him to call upon the governors of 
Oregon and California for t\VO companies of volun- 
teers from each state. 
On the 23d the encampment at Van Bremer's was 
broken up, the troops and stores removed to Lost 
River ford, and a permanent camp established, ,vhere 
preparations were carried on for attacking Jack in his 
stronghold, \vhen t,vo mortar-boats should have been 
constructed, by \v hich his po
ition could be shelled 
from the lake side-a plan which, if it had been put in 
execution, would have ended the ,var. 
But now again outside interference with the Modoc 



A PEACE COMMISSION. 


595 


question ,vas productive of the \vorst results. 67 It hap- 
pened that E. L. Applegate, brother of O. C. and 
I van Applegate, comlnissaries on the reservation, was 
in vVashington as a comnlissioner of imlnigration; 
but the legislature of Oregon having failed to furnish 
funds for his purposes, he ,vas in need of some other 
conlmission. 
Ieachanl, ex-superintendent of Indian 
affairs, ,vas also there, and these t\VO men proposed to 
the perplexed secretary of the interior a plan of settle- 
rnent of the 
fodoc difficulty in harmony with his 
prejudices. 58 When the schelne was ripe, Attorney- 
general 'Villiams arranged an intervie\v, and the thing 
,vas acconlplished. Other politicians made the appeal 
in favor of a peace cOIllnlission, and clûsed their argu- 
nlent by recommending Meachall1 as a conllnissioner, 
being a man "in \VhOnl they have great confidence"- 
meaning the 
10docs. All this seems very singular, 
,vhen it is renlembered that Jack \vould have none of 

Ieachaln's advice \vhen he ,vas superintendent. It 
,vas not less singular that E. L. Applegate should 
have consented to act directly in opposition to the 
opinions of his family, gained by a harassing experi- 
ence; but the fact renlains that Meachaln returned to 
Oregon as chairman of a peace cOlumission. 59 . 
On the 30th of January the secretary of war di- 
rected General Sherman to notify Canby that offens- 
ive operations against the 
Iodocs should cease, and 
the troops be used only to repel attacks and protect 
the citizens. Wheaton was also relieved of his com- 
mand,60 which was assurned by Colonel Alvin C. Gillem 


6; See remarks of N. Y. Tribune, in S. F. Bulletin, Jan. 25, 1873, and Sac. 
Union, Jan. 31, 1873. 
68ðee H. Ex. Doc., 122, 239-40, 43d congo 1st sess. 
69 The Washington correspondent of the S. F. Bullet.in names the Orego- 
nians in \Vashington who were tbe authors of the peace commission. They 
were A. B. :Meacham, E. I
. Applegate, S. A. Clarke, D. P. Thompson, M. 
P. Berry, R. H. Kincaid, Daniel Uhaplin, and a 'few other Oregon gentle- 
men.' Jacob Stitzel should have been added. Meacham was the elector 
chosen to carry the vote of Oregon to Washington on Grant's reëlection, and 
was in a position to have his requests granted. 
60 There was a general protest against \Vheaton's removal, it being con- 
ceded, by those who knew the difficulties to be encountered, that he had done 
as well as could be done with his force. 



596 


THE MODOC 'Y AR. 


of the 1st cavalry. Canby also felt that the ne,v or- 
der of the \var departlnent iUlplied censure of hirnself, 
and ,vrote to Shernlan that hostilities could not hava 
been a voided, as the l\Iodocs were deter111ined to re- 
sist; that he had taken care that they should not be 
coerced until their claillls had been decided upon by 
the proper autllorities; and that there ,vould be no 
peace on the frontier until they ,vere subdued and 
punished for their cr1rnes. Sherman replied to Can- 
by's protest: "Let all defensi ve lneasures proceed, 
but order no attack on the Indians until the forlner 
orders are Inodified or changed by the president, who 
seenlS disposed to aHow the peace nlen to try their 
ha n d s on Captain Jack." 
The c0l11Inissioners first named to serve ,vith 
Meacham were Superintendent Odeneal and Parson 
Wilbur, agent at SilTIcoe reservation; but 
feachalll 
refusing to serve \vith either, Jesse Applegate and 
Samuel Case ,vere substituted. Canby ,vas advised 
of the appointments, and also that the COIlllllissioners 
\vere to meet and confer \vith hÏ1n at Linkville on the 
15th of February; but the Ineeting did not take place 
until the 18th, on account of 
leacharn's failure to 


. 
arrl ve. 
In the interim Jack kept up the excitelnent by 
attacks now and then on the troops, in \vhich cases 
they also fought vigorously. On the 25th of Janu- 
aryan attack was made on the rear-guard of the train 
of Bernard, ,vho \vas nloving canlp fron1 the south-east 
corner of Tule Lake to Clear Lake. They had cap- 
tured one ,vagon, when Bernard returned and fought 
theIn, taking nearly all their horses, and deprixing 
them of the means of Inaking forays through the sur- 
rounding country. In the various encounters, eight 
Modocs had been killed and as many ,vounded. 
BeinO' shorn of a part of his strength, Jack resorted 
to savage wiles, and allowed it to go out that he \yas 
tired of \var, keeping up a constant con1ffiunication, 
which the armistice pern1Ïtted him to do, \vith his 



INDIAN DIPLOMACY. 


597 


forIner friends, and even ,vith the calnp of Gillern, 
through the visits to these places of the Modoc 
\V01nen. They quickly came to understand that they 
,vere to be visited by a peace cOlllmission; and not to 
be behind the United States in humanity, they also 
pretended to a peace party among themselves, and 
even that Jack had been \vounded by his o\vn lllen 
for not fighting on the 17th. 
This fan1iliar phase of Indian Q.iplomacy did not 
deceive anyone. Fairchild endeavored to gain an 
intervie\v, but was refused. After a quiet interval 
of nearly a fortnight, some of their scouts again 
ventured out as Ütr as Cra\vley's house, which they 
burned. 


'Vhen the people whose relatives had been killed 
in the Inassacre of the 29th and 30th of N oveluber 
heard of the peace con1ll1ission, they took steps to 
have eight of Jack's band indicted before the grand 
jury of Jackson county, in order to forestall the pos- 
sible action of the cOlunlissioners, and secure the pun- 
ishnlent of the rllurderers. 61 Governor Grover also 
filed a protest \vith the board against any action of 
the c0111mission \vhich should purport to condone the 
crinles of the }\[odocs, who, he claimed, should be 
given up and delivered over to the civil authorities 
for trial and punishnlent, and insisting that they \vould 
have no rnore authority to declare a reservation on 
the settled lands of Lost River than on the other 
settled portions of the state. 
To this protest, \v hich \vas for\varded to the secre- 
tary of the interior, Delano replied that the conlnlis- 
sion should proceed \vithout reference to it; that if 
the authority of the United States were defied or 
resisted, the governnlent \vould not be responsible for 
the results; and that the state Inight be left to take 


61 These 8 were Scarface Charley, Hooker Jim, Long Jim, One-eyed Mose, 
Old Doctor Humphrey, Little Jim, BO:5ton Charley, and Dave. Oregonian, 
Feb. 15, 1873; 11. Ex. Doc., 122, 2ü3, 43d congo 1st sess. 



598 


THE MODOC WAR. 


care of the Indians \vithout the assistance of the 
goyernment; the United States in this case being 
represented by a coterie of politicians \v ho were simply 
experiluenting ,yith a contun1elious band of spoiled 
sa\Tages, \vithout regard to the rights of the white 
people of the state. 62 To this haughty and overbear- 
ing Inessage the people could only reply by still pro- 
testing. 
The con1nlissioners, after nleeting at Linkville, re- 
paired to Fairchild's place on Willow Creek, to be 
nearer all points of con1munication \vith the govern- 
lllent, the army, and the Modocs. The services were 
secured of Whittle and his Indian wife Matilda, 
'v ho ,vere to act as messengers and interpreters. The 
first ,york of the board was to investigate the causes 
of the hostile attitude of the Modocs, during \vhich 
the facts already presented in this chapter \vera 
brought out;63 and \vhile this \vas in progress Whittle 
lllade a visit to the Modocs to learn ho\v Jack would 
receive the peace commissioners. 
On the 21st of February Meachanl telegraphed to 
Washiugton that he had a lllessage froln Jack, \vho 
declared hirnself tired of living in the rocks and desir- 
ous of peace; that he ,vas glad to hear from Wash- 
ington, but Jid not wish to talk with anyone who 
had been engaged in the war; and that he would meet 
}\[eachan1 and Case outside the rocks \vithout harlll- 
ing them. 64 
'-This ,vas not an honest report. Wha.t Jack did 
say to Whittle \vas that he would consent to a con- 
ference with Steele, Roseborough, and Fairchild, but 
declined to 111eet the connnissioners. 65 The presi- 
dent l1ad already, by the advice of Canby, appointed 
Roseborough as one of the board, who in COHlpa.ny 


62 Red Bluff SentinÛ, Feb. 22, 1873; New York Herald, Feb. 17 and June 
2, IS7iJ. 
6:i Jesse Applegate resigned rather than 'investigate' his brother and 
nephews. 
64 :-iee telegl'am in H. Ex. Doc., 122, 255, 43d congo 1st sess. 
65 Y reka despatches, in Oregonian, :Feb. 26, 1873. 



NEGOTIATIONS \VITH THE SAVAGES. 


599 


,vith Steele, \v ho it ,vas thought might be useful in 
cOlnmunicating \vith Jack, ,vas then on his way to the 
front. Before his arrival, ho\vever, Whittle had a 
second intervie,v 1vith Jack, \v horn he nlet a n1Ïle 
frolll the lava-beds with a COlnpany of forty \varriors 
heavily equipped with needle-guns and slllall arlns, 
but asserting that he only ,vanted peace, to prove 
,,'hich he pointed to the fact that the houses of Dorris, 
Fairchild, Van Brell1er, and Small \vere still left stand- 
ing, and again consenting to talk \vith the Inen before 
nauled. Gr0\ving ilupatient, he expressed a desire to 
have the uleeting over, and Dave, one of his con1pany, 
returned to calnp \vith vVhittle, and carried back 
\vord that Fairchild would rnake a prelirninary visit 
on the 2üth to arrange for the official council. 66 
Accordingly, on that day Fairchild, accompanied, 
not by \'Tbittle and l\Iatilda, but by T. F. Riddle and 
his Indian \yife, Toby,6ï as interpreters, repaired to 
the rendezvous. He \vas charged to say that the 
conHllis
ioners \vould conle in good faith to Inake 
peace, and that he ,vas delegated to fix upon a place 
and tinle for the council. But the only place \vhere 
Jack \vould consent to Ineet them \vas in the lava-beds; 
and a8 Fairchild would not agrèe .that the comn1is- 
sioners should go unarmed into the stronghold, he 
returned to carnp \vithout n1aking any appointillent. 
\Vith hinl \vere allo\ved to conle several \vell-kno\\rn 
11lurderer
, Hooker JÏ1n, Curly-headed Doctor, and 
the chief \)f the Hot Creeks, Shacknasty Jim. They 
caille to luake terms \vith Lalake, a chief of the 


66 One of the surgeons in camp stated, concerning the second interview 
with Jack, that 10 of his followers were for peace amI 10 against it, while 
the others were indifferent. Y reka de:5patches, in 07'egonian, Feb. 2.3, 1873. 
6j \Yhittle and Riddle belonged to that class of white men known on the 
frontier. as 'squaw men,' They were not necessarily bad or vicious, but in 
all disturbances of the kind in which the people were then plunged were all 
element of mischief to both sides. Having Indian wives, they were forced to 
keep on terms of friendship with the Inùians whatever their character; and 
owing allegiallce to the laws of the state and their own race, they had at 
least to pretenci to be ohedient to them. It is easy to see that their encour. 
agement of the 
lodocs. direct or indirect, had a great deal to do with bring- 
ing on and leugthclling the war. 



600 


THE 
10DOC 'V AR. 


Klalnaths, for the return of sixty horses captured Jur- 
ing the \var, \vith \vhich transaction there was no in- 
terference by the military.68 
On the arrival of Steele, the board of commissioners 
held a n1eeting, and decided to offer the l\Iodocs a gen- 
eral amnesty on condition of a cOlllplete surrenJer, and 
consent to remove to a distant reservation \vithin the 
lilnits of Oregon or California, Can by to conclude the 
final tern1S. Against this protocol 
Ieachaln voted, 
being still inclined to give Jack a re8ervation of his 
choice. On the 5th of l\farch Steele proceeded, in 
con1pany \vith Fairchild, Riddle, and Toby, and a 
ne,vspaper reporter, R. H. At\vell, to visit the 
fodoc 
stronghold, and make known to Jack the terrllS offered. 
A singular misunderstanding resulted. Steele, \vha 
,vas but little acquainted \vith the language of the 
l\10docs, reported that Jack had accepted the offer of 
the comlnissioners, and Fairchild that he had not. 
Riddle and Toby \vere the best of interpreters; Scar- 
face spoke English very ,veIl, and Jack but little 
if at an. Steele and Fairchild were equally \vell 
acquainted with Indian manners, lllaking their differ- 
ence of opinion the more unaccountable. 
When Steele handed in his report there was a feel- 
ing of relief experienced in calnp, and the comulis- 
sioners set about preparing despatches, only to be 
thro\vn into confusion by the contradictory staternent 
of Fairchild. So confident was Steele, that he decided 
upon returning for verification of his belief; but Fair- 
child declined to expose hiulself to the rage of the 
l\rfodocs \v hen they should find they had been ITlisin- 
terpreted. In vie\v of these conflicting opinions, 
l\Ieacham cautiously reported that he had reason to 
believe that an honorable and perlnanent peace \vould 
be concluded \vithin a f{HV days. 69 
On returning that evening to the l\lodoc strong- 
hold, Steele found the Indians in nluch excitelnent. 


68 Yreka despatches, in Orpgoniwn, l\1arch 1873; Ind. Ajf. Rept, 1873, 75. 
CjV 11. Ex Doc., 122, 260, 43d congo 1st sess. 



CAPTAIN JACK DEFIANT. 


601 


They had been reënforced by t\venty \varriors. 
Sconchin 70 ,vas openly hostile, Jack still professing to 
desire peace. The evidences of blood-thirstiness \vere 
so plain, h()\vever, that Steele's confidence \vas much 
shaken, and he slept that night guarded by Scarface. 
In the nlorning Jack wore, instead of his o\vn, a 
,volnan's hat-supposed to indicate his peace prin- 
ciples; and Sconchin n1ade a violent ,var speech. 
vVllen he. had finished, Jack threw off his woman's 
hat and hypocrisy together, declaring that he \vould 
never g9 upon a reservation to be starved. When 
told by Steele of the futility of resistance, and the 
po\ver of the An1erican people, he listened \vith corn- 
pasure, replying: "Kill ,vith bullets don't hurt much; 
starve to death hurt a heap." 71 No full report of this 
intervie\v ,vas Inade public. I t ,vas understood that 
a con1plete alnnesty had been offered, provided the 

Iodocs \vould surrender, and go to Angel Island in 
the bay of San Francisco, until a reservation could be 
found for then} in a \Varnl clilnate. They ,vere to be 
c0111fortably fed and clothed \vhere they \vere until re- 
moved to Angel Island, and Jack \vas offered pernlis- 
sinn to visit the city of Washington in cOlnpany \vith 
a fe\y of his head rnen. Jack n1ade a,counter-proposi- 
tion, to be forgiven and left in the lava-beds. lIe de- 
sired l\:Ieachaln and Applegate, \vith six rnen unarnled, 
to con1e on the following day and shake hands \vith 
hill1 as a token of peace. 
On returning froln the conference, Steele advised 
the cOlnrnissioners to cease negotiations until the Ind- 
ians should thenlsel ves 111ake overtures, saying that 
the 
lodocs thought the soldiers afraid of thein, and 
carried on negotiations solely in the hope of getting 
Canby, GiUeID, 
leacharn, and Applegate into their 


70 Sconchin of Jack's band was a brother of the chief Sconchin at Yainax, 
and an intelligent though unruly Indian, 
71 Steele's Jlodoc Queðtion, 
18. 
 25. It is noticeable that in all Steele.s in- 
terviews with Jack he never made any attempt to impress upon his mind the 
bencvolent intentions of the government, hut only its coercive power, which 
he knew Jack defied. 



602 


THE MODOC WAR. 


po\ver to kill them. As for hilnself, he would take 
no more risks among them. 
1vleacham then telegraphed the secretary of the 
interior that the Modocs rejected peace, and meant 
treachery in proposing to shake hands with the conl- 
n1issioners unarn1ed; but Delano, with the theoretical 
,visdom of the average politician, replied that he did 
not so believe, and that negotiations \vere to be con- 
tinued. Canby telegraphed Sherman, l\farch 5th, that 
the reports from the l\fodocs indicated treachery and 
a renewal of hostilities, to which Shern1an replied 
that the authorities at Washington confided in him, 
, and placed the matter in his hands. 72 
It ,vas not until this intimation of a change in the 
board ,vas made that the conlmissioners, having conl- 
pleted their examination of the causes which led to 
hostilities, presented their report. The conclusions 
arrived at were that in any settlell1ent of the existing 
hostilities it \yould be inadmissible to return the 

Iodocs to the Klalnath reservation, the Klamath::1 
having taken part in the war against them; or to set 
apart a reservation on Lost River, the scene of their 
atrocities. They also objected to a general amnesty, 
which \vould bring the federal government in conflict 
with the state governnlents, and furnish a precedent 
calculated to cause Inisconduct on the reservations, 
besides greatly offending the friends of the murdered 
citizens. It \vas their opinion that the eight Indians 
indicted should be surrendered to the state authorities 
to be tried. Should the Modocs accept an aIl1nesty, 
they should, \vith the exception of the eight indicted, 
be removed at once to some fort, other than Jj"ort 


72 The despatch read: 'All parties here have absolute faith in you, but mis- 
trust the commissioners. If that Modoc affair can be terminated peacefully 
by you it will be accepted by the secretary of the interior as well as the pres- 
ident. Answer immediately, and advise the names of one or two good men 
with whom you can act, and they will recei\.e the necessary authority; or, if 
you can effect the surrender to you of the hostile Moùocs, ùo it, amI remove 
them under guard to some safe place, assured that the government will deal 
by them liberally and fairly.' 



PROMiSED SUBMISSION. 


603 


Klan1ath, until their final destination ,vas decided 
upon. '13 
To this report General Canby gave his approyal, 
except that he held the opinion that the Indians, by 
surrendering as prisoners of \var, \vould be exelnpt 
frorn process of trial by the state authorities of Oregon 
or California. From this opinion Roseborough dis- 
sented, but thought neither state ,vould interfere if 
satisfied that the rnurderers ,,""auld be removed to 
SOllle distant country beyond the possibility of return. 
Applegate and Case having resigned, the former 
,vith a characteristic special report to the acting com- 
lllissioner of Indian affairs, H. R. CluIn, in ,vhich he 
alluded to the peace commission as an "expensive 
blunder," and rejected his pay of ten dollars a day, it 
n1Îght be said that after the 6th of March no board 
really existed, and everything ,vas in the hanùs of 
Canby. Jack, \vho kept l1Îlnself informed of all that 
,vas transpiring, and fearful lest the comillissioners 
should yet slip through his fingers, sent his sister 

Iary, on the day follo\ving Steele's final departure, to 
Canby, to say that he accepted the tern1S offered on 
the 3d, of present support and protection, ,vith re- 
rnoval to a distant country; asking that a delegation 
of his people lllight be perillitted to accolnpany the 
governUlent officers in search of a new home, while the 
rcrnainder ,vaitcd, under the protection of the nÚlitary, 
and proposed that the surrender should be lnade on 
the loth. 
To this proposition Canby assented, and ,vord ,vas 
sent to Jack that he and as nlany of his people as 
were able to come, should corne into camp that even- 
ing, or next lllorning, and that \vagons would be sent 
to the edge of the lake to fetch the others on l\fonday. 
But Jack did not conle as expected, and the lnessen- 
gers sent to him returned ,vith the information that 
they could not yet leave the lava-beds, as they \vere 


is Portland Bulletin, l\farch 13, 1873; Jacksont'ille Sentinel, l\Iarch 8, 15, 
1873; Gold llill News, .March 15, 1873; S. }'. Call, 
Iarch 5 J 6 J 7, 12, 13, 1873. 



604 


THE J\.:IODOC ,V AR. 


interring their dead, but ,vould soon keep their pr01n- 
ise. Canby then sent \varning that unless they sur- 
rendered at once the troops \vould Le sent agaiubt 
theIn, and Màry ,vas sent once 1110re to convey Ines- 
saaes fronl Sconchin and Jack. The forlner affected 
ð 
surprise t.hat the \vhite officers should so soon be 
offended \vith thenl, and wished to kno\v the nan1(
R of 
those ,y ho sent the \varning lnessage; and Jack de- 
clared he desired peace or \var at once, but preferréll 
peace. There ,vas little in his nlessage, ho,vever, to 
indicate any degree of hunlÏlity. On the contrary, he 
dictated the terms, \vbich \vould leaye hi In n1aster of 
the situation, his people fed and elothed, and n11o\vecl 
to relTIain on Lost River, ,vhile he \vent forth free. 
Riddle and Toby, \vho interpreted the Inessages froin 
the 1\Iodocs, saw in them a sinister Ineaning, and cau- 
tioned Canby. 
TIl e general, finding hin1self forced into a position 
where he 111ust vindicate the po\ver and righteousness 
of the governrnent, and obey orders froln the depart- 
ments, had EttIe choice. Either he ll1ust lnake \var 
on the Modocs, which he was forbidden to do, or lIe 
must make peace \vith thenl, \vhich \yas still doubtful. 
He chose to accept as valid the excuses for their \vant 
of faith, and went on rnaking preparations for their 
reception at his camp on the loth. Tents \vere put 
up to shelter thenl, hay provided for beds, and nc\v 
blankets, with food and fire-\vood furnished, besides 
many actual luxuries for the head men. On the day 
appointed, four wagons \vere sent, under the charge of 
Steele and David Horn, a teamster, to Point of 
Rocks on Klalnath Lake, the rendezvous agreed upon; 
but no Indians appearing, after four hours of ,vaiting 
the expedition returned and reported. N ot\V ith- 
standing this, Canby telegraphed that he did not re- 
gard the last action of the J\Iodocs as final, and \vould 
spare no pains to bring about the result desired; but 
nlight be compelled to make SaIne n10veUlent of trOt)ps 
to keep thelll under observation. This ,vas sati:sfac- 



CO
TINUED SUSPENSE. 


605 


tory to the secretary of the interior, but not quite so 
to General Shern1an, ,vho had son1e,vhat different 
vie,vs of the J\lodoc question. 7 { 


On the 11 th a reconnoissance of the lava-beds, by a 
cavalry con1pany under Colonel Biddle, \vas ordered, 
but he sa\v nothing of the l\Iodocs. According to a 
previously expressed desire of Jack's, a nlessenger 
had been sent to Yainax to invite old Sconchin and a 
sub-chief, Riddle, to visit hilll, a proposition favored by 
the general, ,vho hoped the friendly chiefs n1ight influ- 
ence hiln to make peace. Sconchin came reluctantly, 
anJ after the intervie\v assured the general that all 
future negotiations ,vould be unavailing. 
On the 13th Biddle, ,vhile reconnoitring the vicin- 
ity of the lava-beds, captured thirty-four horses belong- 
ing to the l\Iodocs-a measure thought necessary to 
lessen their n1eans of escape. Two days after\vard 
headquarters ,vere 111.oved to Van Bren)er's, and the 
troops dra \vn closer about Jack's position. On the 
19th 
Ieacham ,yrote that he had not entirely aban- 
doned hope of success; but the Modocs \yere deterre(l 
Ly a fear that the Oregon authorities would deuland 
the eight indicted Incn to be tried. In this letter he 
advocated a nleeting on Jack's o\vn térlns, and said if 
left to his o\vn judglnent he should have visited the 
stronghold; even that he ,vas ready to do so no\v, 
but \vas restrained by Can by; though it did not appear 
that anything had transpired to change his 111ind since 
he had ,vritten that the 
fodocs Ineant treachery. 
Canby himself could not n1ake his reports agree, for 
on one day he thought the l\fodocs would consent to 
go to Yainax, and on the next that they ,vere not favor- 
able to anyarrangelnent. On the 22d, ,vhile Canby 


H Sherman's telegram, after counseIling patience, closed with this para- 
graph: 'But should these peaceful measures fail, and should the :Modocs pre- 
sume too far on the forbearance of the government, and again resort to deceit 
and treachery, I tl'ust you will make such use of the milital'y fOl'ce that no 
other Indian tribe will imitate their example. and that no reservation for them 
will be necessary except graves among their chosen lava-beds.' 



606 


THE :MODOC WAR. 


and Gillem ,vere making a reconnoissance \vith a cav- 
alry company, an accidental meeting took place ,vith 
Jack and a party of his warriors, at ,vhich a conference 
"ras agreed upon between Jack, Sconchin, and the t\VO 
generals; but when the meeting took place it ,vas 
Scarface, the ackno,vledged war-chief, instead of 
Sconchin, ,vho accompanied Jack. These provoca- 
tions caused Canby to tighten nlore and more the 
cordon of soldiery, and to remove heaJquarters to 
the foot of the high bluff skirting the lake, ,vithin 
three miles of the 
fodoc position. 
The pea.ce con1mission, ,vhich had been reorgan- 
ized by the appointlnent of E. Thomas, a methodist 
preacher of Petaluma, California, and L. S. Dyar of 
the Klamath agency, in place of Applegate and Case, 
resigned, arrived at headquarters on the 24th of 
March, and also Captain Applegate \vith five reser- 
vation Modocs sent for by Canby to assist in the 
peace negotiations. On the 26th Thomas and Gil- 
lem had an intervie\v with Bogus Charley, another 
of the Modoc ,varriors, ,vho passed freely between the 
stronghold and the n1ilitary camp, carrying ne,vs of 
all he saw to his leader. In this interview it \vas 
once more agreed upon that on the folIo\ving day 
Jack and his head men should meet these t\VO in con- 
ference; but instead, a message" of a private nature" 
was sent by a delegation consisting of Bogus Charley, 
Boston Charley, Mary, and Ellen, another Madoc 
won1an. 
In this way the tinle passed until the last of March 
was reached, and fear was entertained that with the 
return of warm weather the J\iodocs ,vould escape to 
the Shoshones, and that together they \vould join in 
a war on the outlying settlelnents. Hooker Jim hall 
indeed already made a successful raid into Langell 
Valley, driving off a herd of horses; and on more than 
one occasion Jack's lieutenants had ventured as far 
as Yainax, laboring to induce Sconchin's band to join in 
a confederacy of five tribes, which he said ,vere ready 



A CONFERENCE. 


607 


to take the war-path as soon as he should quit the 
lava-beds; and these occurrences, becoming kno\vn, 
caused much alarm. 
On the 31st a movement by the troops in force ,vas 
made, three hundred marching to the upper end of 
J{lamath Lake, and thence on the 1st of April to Tule 
Lake and the lava-beds, Mason's position being t,yO 
nliles from the stronghold, on the east side. On the 
2d the l\Iodocs signified their willingness to meet the 
peace commissioners at a point half-way between head- 
quarters and the stronghold; but Jack only reiterated 
his ternls, ,vhich were a general amnesty, Lost River, 
and to have the troops taken away. The only con- 
cession made was his consent to having a council-tent 
Erected at a place on the lava-field a mile and a quar- 
ter from the camp of the comn1Ïssioners. 
Again on the 4th a request was made by Jack for 
an interview \vith Meacham, Roseborough, and Fair- 
child at the council-tent. They went, accompanied 
by Riddle and Toby, and found Jack, with six warriors 
and the ,vornen of his family. Again Jack and Scon- 
chin denlanded the Lost River country and their free- 
donl. He ,vas assured that it ,vas useless talking 
about Lost River, which they had sold, and which 
could not be taken back. When reminded of the kill- 
ing of the settlers, Jack declared that if the citizens 
had taken no part in the fight of the 29th the mur- 
ders ,vould not have taken place; and finally said that 
he \vould say no nlore about Lost River if he could 
have a reservation in California, including Willo\v, 
Cottonwood, and Hot creeks, \vith the lava-beds; but 
this also was pronounced inlpracticable. The council, 
which lasted five hours, ,vas ternlinated by the Indians 
suddenly retiring, saying if their minds were changed 
on the morrow they would report. 
On the following morning Boston Charley brought 
a message from Jack to Roseborough, asking for an- 
other interview, to which consent ,vas refused until 
Jack should have made up his n1Ïnd; when Boston 



608 


THE 1\10DOC 'VAR. 


cunning1y remarked that the ]'iodocs might surrender 
that day. Roseborough being deceived into thinking 
that they so intended, Toby Riddle \vas iU1n1ediately 
sent to Jack \vith a message encouraging hin1 in this 
purpose. The proposition was not only declined, but 
in such a 111anner that on her return Toby assured 
the COlllIuissioners and General Canby that it ,vould 
not be safe for theln to lneet the J\fodocs in council. 
This inforn1ation was lightly treated by Canby and 
Tho1l1as, but ,vas regarded as of Inore consequence by 
l\Ieacham and Dyar. Jack had succeeded in allaying 
the apprehensions of treachery once entertained by 
Canby, by his apparently weak and vacillating course, 
which appeared more like the obstinacy of a spoiled 
child than the resolution of a desperate Ulan. The 
Inilitary, too, ,yere disposed to regard Jack's attach- 
Inent to the region about Tule Lake as highly patri- 
otic, and to see in it sonlething ron1antic and touching. 
These influences were at that critical juncture of affàirs 
underlIlining the better judgn1ent of the arnly.75 
On the lnorning of the 8th of April Jack sent a 
Inessenger to the c0111n1Îssioner to request a meeting at 
the council-tent, the fornler to be accolnpanied by six 
unarmed J\fodocs. But the signal-officer at the station 
overlooking the lava-beds reporting six Indians at the 
council-tent, and twenty nlore arn1ed in the rocks 
behind them, the invitation ,vas declined. Jack un- 
derstood fronl this rejection of his overtures that he 
was suspected, and that ,vhatever he did nlust be 
done quickly. If the truth nlust be told, in point of 
natural sagacity, diplonlatic ability, genius, this savage 
,vas more than a match for them all. His plans so 


'15 In Meacham's special report he points out tbat Thomas was indiscreet in 
his intercourse with the 1Iodocs. He questioned one of them as to the truth 
of Toby's report that it would not be safe for the commissioners to meet Jack, 
which was denied; and on being asked in turn who told him, he said Toby 
Riddle-a dangerous breach of trust, exposing Toby to the wrath of the 1\10- 
docs. Gillem also informed this same Indian' that unless peace was made very 
Boon he would move up near the 1\lodoc stronghold, and that one hUlld.re<l 
\Varm Spring Indians would be added to the army within a few days.' J nel. 
.Ajf. Rept, 1873, 77. 



PRECAUTIONS NEGLECTED. 


609. 


far had been well devised. His baffling course had 
secured hinl the delay until spring should open suffi- 
ciently to allo\v hiln to fly to the Shoshones, \vhen, 
by tbro\ving the arnlY into confusion, the opportunjty 
should be afforded of escape fronl the lava-beds \vith 
all his follo\vers. 
On the nlorning of the lOth Boston Charley, 
Hooker Jin}, Dave, and Whinl visited heaùquarters, 
bringing a proposition from Jack that Canby, Gillem, 
and the peace conlnlissioners should nleet the 
Iodocs 
in council. He \vas ans\vered by a proposition in 
'\
riting, which Riddle read to them, containing the 
for1ner terrIlS of a genera) anlnesty and a reservation 
in a \yar1ner climate. Jack's conduct \vas not encour- 
aging. lIe thre\v the pa.per upon the ground, saying 
he had no use for it; he ,vas not a \v hite nIan, and 
could not read. Light remarks \vere uttered concern- 
ing the conunissioners. Beef \vas being dried, and 
breast\vorks thro\vn up, strengthening certain points, 
all of which indicated preparations for ,var rather 
than peace. Jack, ho\vever, agreed to meeting the 
cOlllmissioners if they would conle a rnile beyond the 
cou ncil- tent. 
Notwithstanding all these oIllinous signs, and the 
advice of Riddle to the contrary, it ,vas finally set- 
tled at a nleeting of the peace conl1nissioners, T.holllas 
in the chair, that a conference should take place be- 
t,veen then1 and Canby on one side and Jack and five 

Iodocs on the other, both parties to go \vithout ar1llS. 
The 11 th \vas the day set for the council: and the 
place indicated by Jack accepted. After this decis- 
ion ,vas arrived at, Riddle still advised Canby to send 
t\yenty-five or thirty nlen to secrete thenlsel ves in the 
rocks near the council-ground, as a guard against any 
treacherous movenlent on the part of the Indians. 
But to this proposal Ca.nby replied that it would be 
an insult to Captain Jack to which he could not con- 
sent; and that besides, the probable discovery of such 
a movement \vould lead to hostilities. In this he \,'as 
HIs:r. OB., VOL. II. 39 



610 


THE MODOC WAR. 


not mistaken, for Bogus Charley and Boston Charley 
spent the night in Gillem's carnp, reluaining until 
after the cOIDIllissioners had gone to the rendezvous. 76 
The place chosen by Jack \vas a depression alTIOng 
the rocks favorable to an ambuscade, and 1\Ieachaln, 
,,,ho had not been present ,vhen the n1eeting \vas de- 
terInined upon, strenuously objected to placing the COIl1- 
111ission in so evident a trap, but yielded, as did Dyar, 
to the wishes of Canby and Thon1as, one of whonl 
trusted in the arlny and the other in God to see thelTI 
safely through \vith the conference. 77 So earnest ,vas 
Riddle not to be blamed for anything \vhich might 
happen, that he requested all the cOlnmissioners and 
Canby to acconlpany hirl1 to Gillenl's tent, that officer 
being ill, where he Inight make a forinal protest; 
and \vhere he plainly adrnitted that he consented to 
111ake one of the party rather than be called a CO\\'- 
ard, and ad vised that concealed \veapons should be 
carried. To this proposition Canby and Thol1}as 
punct.iliously objected, but l\1:eacham and Dyar con- 
cealed each a sl1}all pistol to be used in case of an 
attack. 
At the tilDe appointed, the peace cornmissioners re- 
paired to the rendezvous, Meacharn, Dyar, and Toby 
riding, and the others ,valking, follo\ved by Bogus 
and Boston froln the lnilitary calnp, \vhich gave J aek 
just double the nU111ber of the comn1issioners, of \VhOlll 
Canby was to be considered as one. All sat down in 
a scn1Ícircular group about a canlp-fire. Canby of- 
fered the Modocs cigars, \vhich were accepted, aud 
all sn}oked for a little \vhile. The general then 
opened the council, speaking in a fatherly way: Bay- 


i6 H. Ex. Doc., 122, 139, 4:
d congo 1st scss. 
77 Canby saill that the 
lodocs dare not attack with l\lason's force where 
it could be thrown into the stronghold before the 1Iodocs coulJ return to it. 
Thomas said that God almighty would not let any such body of mcn be hurt 
tha.t was on as good a mission as that. 'I tolll him,' says Riddle, 'tbat be 
might trust in GO("l, but that I di(ln't trust any of them ludians.' .Meacham, 
in his JViywam and Warpath, published two or three yeard after the war, says 
tlta
 the .Motlocs, rerceiving the doctor's religious hel
t, prete
ded to h
ve 
then' hearts softened and to tlesire peace from good motIves, wInch bypoc
Jsy 
d
c
î\'eù him. I do Dot finù anything anywhere else to susliaÍll this assertion. 



THE FINAL CONFERENCE. 


611 


iug he had for many years been acquainted with 
Indians; that he caUle to the council to have a 
kindly talk \vith them and conclude a peace, and that 
,vhatever he pron1Ïsed them they could rely upon. 

Ieacham and Thomas follo\ved, encouraging the(ll to 
look for\vard to a happier home, where the bloody 
scenes of Lost B,i ver could be forgotten. 
In reply, Jack said he had given up Lost River, 
but he kne,v nothing of other countries, and he re- 
quired Cottonwood and Willo\v creeks in place of it 
and the lava-beds. \Vhile the conference had been 
going on, several significant incidents had occurred. 
Seeing another white man approaching along the trail 
from camp, allJ that the Indians appeared uneasy, 
Dvar n10unted and rode out to rneet the intruder and 
tu
n hinl back. When he returned he did Hot rejoin 
the circle, but remained a little ,vay behind, reclining 
upon the ground, holding his horse. While l\IeachalIl 
,vas talking and Sconchin rnaking SOlne disrespectful 
COlllments in his o\vn tongue, Hooker Jin) arose, and 
going to 1\1:eacham's þorse, took his overcoat from the 
horn of the saddle, putting it on, and Inaking some 
lllocking gestures, after \v hich he asked in English if 
he did not resemble" old Ulan l\leacham." 
The affront and all that it signified \vas understood 
by every Ulan tbere; but not \vishing to sho\v any 
alarn1, and anxious to catch the eye of Canby, l\Iea- 
cham looked to\vard the general, and inquired if he 
had anything more to say. Calnlly that officer arose, 
and related in a pleasant voice how one tribe of In<1- 
ians had elected him chief, and given hinl a nalne sig- 
nifying "Indian's friend;" and ho\v another had Inade 
hin1 a chief, and given hirn the name of "The tall 
ulan;" and that the preðident of the United States 
had ordered him to this duty he ,vas upon, and he 
had no power to renlove the troops \vithout authority 
fron1 the president. 
Sconchin replied by reiterating the denland for 
Willow anù Cotton \vood creeks, and for the rt;moval 



.12 


THE 
'10DOC \VAR. 


of the' troops. While Sconchin's ren1arks \vere beinO' 
interpreted, Jack arose and \valked behind D'yar
 
horse, returning to his place opposite Canby a moment 
later. As he took his position, t\VO Indians suddenly 
appeared, as if rising out of the ground, carrying each 
a nun1ber of guns. Every man sprang to his teet as 
Jack gave the \vord, "all ready," in his o\vn tongue, 
and drawing a revolver from his breast fired at the 
general. Simultaneously Sconchin fired on J\Ieacharn, 
and Boston Charley on Thon1as. At the first lllotion 
of Jack to fire, Dyar, \vho \vas a very tall n1an and 
had the advantage of a fe\v feet in distance, started 
to run, pursued by Hooker Jim. 'Vhen he had gone 
a hundred and fifty rods, finding himself hard pressed, 
he turned and fired his pistol, \vhich checked the ad- 
yance of the enemy. By repeating this tnanæuvre 
several tilnes, he escaped to the picket-line. Riddle 
also escaped by runniDg, and Toby, after being given 
one blow, was permitted to follow her husband. 
General Canby ,vas shot through the head. Thonlas 
,,,as also shot dead; and both \vere instantly stripped 
naked. 1Ieachanl had five bullet-\vounds, and a knife- 
cut on the head. ' He was stripped and left for dead, 
but revived on the arrival of the troops. 
. 'Vhile the commissioners ,vere smoking and con- 
'
ersing with the Modocs, a preliminary part of the 
tragedy was being enacted on another part of the field. 
An Indian was discovered by the picket about 
Ia- 
son's calnp carrying a white flag, a sign of a desire to 
see some of the officers, and Lieutenant W. L. Sher- 
wood, officer of the day, was sent by the colonel to 
rneet the bearer and learn his errand. Sher\vood 
soon returned with the report that son1e Modocs de- 
8ired an interview with the cOIDlnander of the post; 
,v hen Mason sent them word to come within the lines 
if they wished to see him. Lieutenant Boyle, ,vho 
happened to be present, asked permission to accom- 
pany Sherwood, when the t\VO officers walked out to 
meet the flag-bearer, half a mile outside the pickets. 




IURDER OF THE COM
1ISSIONERS. 


61
 


On the \vay they encountered three Indians, who in
 
qui red if Boyle v;as the con11nanding officer, and ,rho 
invited them to go on to \vhere the flag-bearer a\vaited 
them. Sornething in their manner convincing the 
officers of treachery, they declined, saying that if the 
Indians desired to talk they n)ust conle ,vithin the 
lines, and turned back to carnp. The Indians then 
con1n1enced firing, Sherwood and Boyle running and 
dodging among the rocks, being without arn1S. 8he1'- 
,,-ood soon fell, mortally \vounded, but Boyle escaped, 
being covered by the guns of the pickets. 
The officer at the signal-station overlooking l\Iason's 
camp immediately telographed General Gillerl1 ,vhat 
had occurred, and preparations \vere at once Inade to 
send T. T. Cabaniss to \varn General Canby, but be- 
fore the message \vas ready the signal-officer reported 
firing on the council-ground. 
At this \vord the troops turned out, Sergeant 
'V ooton of con)pany K, 1st cavalry, leading a detach- 
ment \vithout orders. The \"ildest confusion pre- 
vailed, yet in the sole intent, if possible, to save thè 
life of the general w hon1 they all loved and venerated, 
there ,vas unity of purpose. Before the troop
 
reached the council-ground they were DIet by Dyar, 
\vith the story of the fatal catastrophe, and on arriv- 
ing at the spot, l\leachalTI \vas discovered to be alive: 
Jack had retreated to his stronghold, the troops fo}:- 
lo\ving for half a 111ile, but finally retreating to catup 
for the night. 78 ; 
As might have been expected, a profound excite- 
rnent follo,ved upon the new's uf the disastrous 
villd:' 
ing-up of the peace cOIlllnission. At Yreka Delano 
,vas hanged in effigy. At Portland the funeral honol'
 


78 Cabaniss, who was personally strongly attached to Canby, wrote an in
 
teresting and highly colorcù account of the inciùents just prior to and suc
 
ceeding the massacre, for the Eureka, Cal., West Coast Signal, April 19, IS73. 
Vari.ous accounts appeared in the newspapers of that date, anù in Pitzrrrald',fl 
GoL Sketche.
, 140; Simp
on's 
Ieeting tlte SUll, 336-83; and .J..lleachfun'.s Wi!1- 
'lcam and JVarpath, written to justify his own want of judgment anù conceal 
his want of honesty. ", 



614 


THE ßIODOC WAR. 


paid to Canby were ahnost equal to those paid to 
Lincoln. 79 
One general expression of rage and desire for revenge 
,vas uttered over the whole country, east as \vell as 
,vest; and very few shrank from demanding externlÍ- 
nation for the murderers of a major-g:eneral of the 
United States arrny and a methodist preacher, though 
little enough had been the sympathy extended by the 
east to the eighteen hard-\vorking, undistinguished 
citizens of the Oregon frontier 80 massacred by these 
sa 111 e 1\1 od ocs. 
The president authorized Sherlnan to order Scho- 
field, C011111tanding the division of the Pacific, "to Inake 
t
le attack so strong and persistent that their fate 
lllay be connnellsurate with their crirne;" to \v hich 
Sherll1an added, "You \vill be fully justified in their 
utter extermination." J\fany expedients ,vere sug- 


79 Edward R. S. Canby was born in Kentucky in 1817, and appointed to 
the military academy at \Vest Point from Indiana. He graduated in 1833, 
and was made 2d. lieut. He served ill the Florida war, and removeù the Ind- 
ians to Arkansas in 1842. From 1846 to 1848 he served in Mexico, and 
was at the siegc of Vera Cruz, the battles of Cerro Gordo, Contreras, and 
Churubusco, where he was brevetted major for gallant conduct; was at the as- 
sault and capture of the City of .Mexico, where J.ie was brevetted lieut-col; was 
commander of the division of the Pacific from 1849 to 1851, after which he was 
four years in the adj.-gen. office at Washington. }1"rom 1855 to the breaking 
out of the rebellion he was on frontier duty. He served through the civil war 
as colonel of the 19th inf. in the dep. of New 
lexico; was made brig,- 
gen. of U. S. volunteers in 1'Iarch 1862; wa
 detached to take command of 
the city and harbor of New York to suppress draft riots; was made maj.-gen. 
of volunteers in 1864, in command of the military division of west 
Iissis- 
sippi; was brevetted brig. -gen. of the U.. S. army in 186.3 for gallant conduct 
at the battle of Valverde, New Mexico; and was brevetted maj.-gen. U. S. 
army for gallant and meritorious services at the capture of Fort Blakely amI 
:Mobile. He commandell the military district of North and Honth Carolina 
from September 1867 to September 1868, anù was afterward placed in com- 
mand of Texas, and then of Va, where he remained until transferred to Or. 
in 1870. He was tall and soldierly in appearance, with a benevolent 
countenance. He had very little money saved at the time of his death, 
and a few citizens of })ortland gave five thousand. dollars to his widow. 
It is stated that a brother was stricken with sudden insanity on hearing 
of his fate. Santa lJarha.ra Index, July 17, 1873. Rev. E. Thomas was 
a minister in the methodist flenomination, He was in charge of a Niag- 
ara-street church in Buffalo, New York, in 1853; came to Cal. in 186.3, where 
he was a.gent for the Methodist Book Concern; for several years was editor 
of the Cal. Christian Advocate, and at the time of his death was presiding 
eWer of the Petaluma district of the Cal. M. E. Conference. He left 
 wife 
and three children. Uregonian, April 14, 187:1 
80 See \Vashington despatches, in Portland Oregonian, April15 J 18';3; J..V. 
Y. llerald, April 20 J 1873; London 'l'imes J April16 J 1873. 



HOSTILITIES RESUMED. 


615 


gested in the public prints to force the 
Iodocs out of 
their caves in the lava-beds, such as sharp-shooters to 
pick them off at long range; steel arrnor for the sol- 
diers; the employment of blood- hounds, and of sulphur 
smoke. 81 But fortunately for the reputation of the 
Alnerican people, none of these Inethods \vere resorted 
to, the public being left to exhaust its hostility in 
harlnless suggestions. 82 
The troops had at no titlle regarded the peace conl- 
tnission \vith favor, any nlore than had the people 
best acquainted \vith the character of the 
Iodocs. 
Those who fought on the 17th of January ,vere dis- 
pleased ,vith the rerIlovalof Wheaton from the conl- 
mand, and had seen nothing yet in Gillell1 to lessen 
their dissatisfaction. They were now anxious to fight, 
and inlpatiently a\vaiting the conlnland, \vhich they 
\vith other observers thought a long time cOIning. 
On the day after the massacre 1Iason nloved to the 
south of the stronghold six 111iles. His line \vas at- 
tacked by the 
Iodocs, forcing the left picket to giv
 
,yay, ,vhich position ,vas, ho\vever, retaken by Lieu- 
tenant E. R. Thellar \vith a portion of conlpany I of 
the 21st infantry. SkirInishing ,vas kept up all day 
and a part of the 13th. At length, on the 14th, Gil- 
lenl telegraphed to Mason, asking if he could be ready 
to aòvance on the stronghold on the next 111orning; 
to \v hich 1Iason replied that he preferred to get into 
position that night. To this Gil1em consented, order- 
ing him not to Inake any persistent attack, but to 
shelter his lllell as \vell as possible. Donald 
IcKay's 
company of \Varnl Spring scouts, engaged by Canby 
",
hen it began to appear that hostilities would be re- 
sUIned, had arrived, and was posted on l\Iason's left, 
with orders to \vork around to\vard Green's rig-ht. 
The lTIOVen1ent began at nlidnight, and before day- 


81 See letter of A. Hamilton to the secretary of the interior, in H. Ex. 
Doc" 122, 287, 43ù congo 1st sess. . 
ti2 Portland Bullptin, March 8 and 15. and April 2, 4, 19,28, 1873; JacÀ'.
on- 
tñll
 Sentinel, 
lay 3, 1873; Roseburg Plaiudealer, 
lay 2 alld June 27, 1873. 



616 


THE MODOC ,V AR. 


Jight the troops \vere in position, about four hundred 
yards east of the stronghold, the right of the infantry 
under Captain Burton resting on the lake, and Ber- 
nard's troop dismounted on the left, \vith a section of 
J11uuntain ho\vitzers, held subject to order, under .Lieu- 
tenant E. S. Chapin. Breastworks of stone ,vere 
thrown up to conceal the exact position of the troops. 
On the west side of the lake Perry and Cresson 1110ved 
at t\\TO o'clock in the n10rning to a point beyond the 
main position of the Modocs on the south, \vhere they 
concealed their troops and waited to be joined at day- 
]ight by the infantry and artillery under 
liller and 
Throckn10rton, with Colonel Green and staff l\lil1er 
had the extrenle right, and the cavalry the extreme 
left touching the lake, \vhile Throckrllorton's artillery 
and t\VO conlpanies of infantry \vere in the centre. 
., The day ,vas warm and still, and the n10vement to 
close in began early. The first shots were received a 
nlile and a half froIn Jack's stronghold on the ,vest, 
,vhile the troops \vere advancing in open skirn1ish or- 
der along the lake shore, sheltering themselves as best 
they could under cover of the rocks in their path. 
On reaching the gorge under the bluff a galling fire 
was poured upon then1 from the rocks above, \vhere a 
strong party of l\;Iodocs \vere stationed. 
fason \vas 
doing all that he could to divide the attention of the 
.Indians \vhile the arnlY passed this dangerous point, 
'and the reserves con1ing up, a charge was Inade \vhich 
compelled the Modocs to retire, and their position 
'was taken. 
At two o'clock the order \vas given to advanc.e the 
"mortars under Thomas and Cranston, and IIo,ve of the 
4th artillery. By half-past four they ,vere in position, 
and the left of the line on the west had reached a 
point opposite the stronghold. By five o'clock the 
lllortars began thro,ving shells into the stronghold, 
which checked the 1Iodoc firing. So far all \ycnt 
well. The bluff ren1ained in the possession of .l\liller's 
men, between \v hOlli and the Inain plateau, or Inesa, ill 



FIGHT IN THE LAVA-BEDS. 


617 


,vhich the caves are situated, only two ledges of rock 
intervened. On 
fason's side, also, the outer line of 
the l\Iodoc defences \vas abandoned. At six o'clock 
the Inortars were again moved forward, and by night- 
fall the troops in front of the stronghold were ready 
to scale the heights. At midnight l\Iason's troops 
took up the position abandoned by the l\1:odocs, ,vithin 
one hundred yards of their defences. 
Their last position ,vas now nearly surrounded, but 
they fought the troops on every side, indicating n10re 
strength than they ,vere supposed to possess. The 
troops remained upon the field, and n10rtar practice 
\vas kept up throughout the night at intervals of ten 
lllinutes. In the 111orning, l\fasoll's force \vith the 
'VarIn Spring scouts being found in possession of the 
nlesa, the l\fodocs abandoned their stronghold, passing 
out by unseen trails, and getting on 
fason's left, 
prevented his joining \vith Green's right. Subse- 
quently, he ,vas ordered to advance his right and join 
Green on the shore of the lake, \v hich cut the Indians 
off fronl water. 
By ten o'clock in the forenoon Green's line had 
reached the top of the bluff nearest the stronghold, 
nlceting little opposition, but i
 ,vas' decided not to 
push the troops at this point, as there might be heavy 
loss ,vithout any gain, and the want of water lllust 
soon force the l\lodocs out of their caverns and de- 
fences, 'v hile it was not proba ble they could find a 
stronger position anywhere. The day's work consisted 
simply of skirlnishings. No junction ,vas effected 
bet\veen 
Iason and Green on the ,vest; the principal 
resistance offered being to this n1ovenlent. 
In the evening Thonlas dropped t,vo shells into the 

lodo<, camp-fire, causing cries of rage and pain. 
After this the Indians sho\yed themsel ves, and chal- 
lenged the soldiers to do the sallIe; but the latter \vere 
hidden behind stone brcast\vorks, five or six in a place, 
,vith orders not to allo\v themselves to be surpri::;ed in 
these little forts, built at night; they also caught a little 



618 


THE 1\IODOC WAR. 


sleep, t\VO at a time, ,vhile the others ,vatched. 83 The 
second day ended ,vith some further advances upon 
the stronghold, and ,vith the batteries in better 
position. The blaze of nlusketry along the lake shore 
at nine o'clock in the evening, \vhen the Modocs 
endeavored to break through the lines to get to \vater, 
,yas like the flash of flanles ,yhen a prairie is on fire. 
The troops relnained again over night on the field, 
having only coffee served hot \vith their rations. 
On the nlorning of the 17th Green's and l\Iason's 
lines Inet \vithout ilnpedirnent, and a general IDove- 
Illent \yas nlade to s\veep the lava-beds, the Indians 
seeming to rally about eleven o'clock, and to oppose 
the approach to their farnous position. But this \vas 
only a feint, and \vhen the troops arrived at the caves 
the l\Iodocs had utterly vanished. Then it appeared 
,yhy they had so hotly contested the ground Let\veel1 
l\fason and Green. An examination sho,ved a fissure 
in the pedregal leadi ng from the caverns to the distan t 
hills, \vhich pass had been so lnarked that it could be 
follo\ved in the darkness, and through it had been 
conveyed the families and property of the Modocs to 
a place of safety. 
The loss of the arnlY in the two days' engagenlents 
"'as five killed and t\yelve \vounded. On the third 
day a citizen of Yreka, a teamster, was killed, and 
bis team captured. Seventeen Indians were believed 
to be killed. 


The consternation which prevailed \vhen it became 
known that Jack had escaped with his band was equal 
to that after the lllassacre of the peace cOlIllnissioners; 
but the worst vtas yet to come. From the slnoke of 
large fires observed in the south-east, it ,vas conjectured 
that the Indians were burning their dead, and fleeing 
in that direction, and the cavalry \vas ordered to 
pursue, Perry setting out the 18th to make a circuit 
of the lava-beds, a Inarch of eighty miles. The Warm 
sa Boyle's Oonduct of the Jlodoc fVaT, 
IS., 28. 



ESCAPE OF THE INDIANS. 


619 


Spring scouts also ,vere scouring the country to\vard 
the east. In the lnean tinle 
fason was ordered to 
hold the l\Iodoc fortress, while his canlp at flospital 
Rock \vas relIloveù to the canIp at Scorpion Point, on 
the east side of the lake. This left the trail along' 
the south side exposed to attack frolll the enemy's 
scouts. On the afternoon of the 18th they appeared 
on a ridge t\VO Iniles off, and also at nearer points 
during the day, firing occasional shots. On the n10rn- 
ing of the 19th they attacked a n1ule pack-train on 
its ,yay from Scorpion Point to supply l\Iasol1 at the 
stronghold, escorted by Lieutenant How"e ,vith t\venty 
BIen, and \vere repulsed. Lieutenant P. Leary, in 
con1Ïng to meet the train \vith an escort, had one Ulan 
killed and one wounded; and Ho\ve, on entering the 
lava-beds, both con1ing and returning, ,vas fired on. 
A shell dropped 
l1nong thenl dispersed thetn for that 
day; but on the 20th they again showed theu1selves, 
going to the lake for ,vater, and fired on the Warnl 
Spring scoutR, \vho \vere Lurying one of their conlpany 
killed on the 17th. They even bathed theillselves in 
the lake, in plain vic\v of the astonished soldiery in 
caulp. After t\VO days, Perry's and. J\fcKay's COlll- 
Inands ca
e in ,vithout having seen a l\Iodoc. 
Mean \v hile Gillenl ,vas \vaiting for t,vo companies 
of the 4th artillery, en route fronl San Francisco, 
under captains John Mendenhall and H. C. Hasbrouck, 
to Blake another attenJpt to surround the 1\fodocs in 
their ne\v position, \vhich he reported as being about 
four rniles south of their foriner one. In their ÌU1- 
patience, the troops ,vent so far as to say that it 
\",as concern for his personal safety '\vhich deterred 
Gillerll, \vho had not stirred from camp during the 
three days' fight, but had all the troops that could be 
spared posted at his carn p. 
FroIH the 20th to the 25th nothing ,vas done except 
to keep the scouts luoving. On the night of the 22J 
}'IcKay discovered a canl p of forty 1\Iodocs in a ridge 
at the southern end of the lava-beds, known as the 



620 


THE 
10DOC WAR. 


Black Ledge. Its distance from headquarters was 
about four n1iles, with a trail leading to it froln the 
lake, \vhich ,vas practicable for light artillery. For 
t,vo days after its discovery no Indians were seen 
coming to the lake for \vater, and the opinion pre\Tailed 
that they had left the lava-beds, in \vhich case they 
,vere certain either to escape altogether or to attack 
the settlements. 
In order to settle the question of their ,vhereabouts, 
a reconnoissance ,vas planned to take place on the 
26th, to extend to the Black Ledge. In arranging 
this scout Gillem consulted with Green. It was 
decided to send on this service Thomas, \vith Ho\ve, 
Cranston, and Harri
 of the artillery, and Wright of 
the infantry, \vith a force of about seventy men, and 
a part of Donald l\1cKay's scouts, Inaking about eighty- 
fi ve in all. 
Soule anxiety ,vas felt as the expedition set out at 
eight o'clock in the morning, and a ,vatch ,vas kept 
upon their movements as they clanlbered ::unong the 
rocks, until they passed from view behind a large 
sand-butte, a mile and a half a\vay. Before passing 
out of sight, they signalled that no Indians had Leen 
found. As no official account of \v hat transpired 
thereafter could ever be given, the facts, as gathered 
from the soldiers, appear to have been as follows: 
Thonlas advanced without meeting any opposition 
or seeing any Indians until he reached the point des- 
ignated in his orders, keeping out skirlnishers on the 
lllarch, ,vith the Warn1 Spring scouts on his extreme 
left, that being the direction from which it \vas thought 
the Indians nlight attack if at all. But none being 
discovered, and the field appearing to Le clear, a halt 
,vas called about noon, ,vhen men and officers thre\v 
thelDsclves carelessly upon the ground to rest and 
take their luncheon. 
While in this attitude, and unsuspicious of danger, 
a volley of rifle-balls was poured in amung them. It 
\YQuld be Ï1npossiLle to descriLe the scene which fol.. 



DEFEAT OF THO
lAS. 


621 


10\ved. When the troops \vere attacked they were in 
open ground, frOln \vhich they ran to take shelter in 
the nearest defensible positions. 
Iany of thell1 never 
stopped at all, or heeJed the ,vord of command of 
their officers, but kept straight on to carnp. "
len, 
,ve are surrounded; ,ve nlust fight and die like sol- 
dier
," cried Tholnas; but he \vas heeded by fe\y, fully 
t\VO thirds of the men being panic-stricken, and nearly 
one half running a\vay. 
The only shelter that presented itself from the bul- 
lets of the concealed 1\Iodocs \vas one large and sev- 
eral srnaller basins in the rocks. In these the re- 
111ainder of the cOlllnland stationed themselves, but 
this defence was soon converted into a trap in \vhich 
the victinls were the 1Hore easily slaughtered. T
le 
Indians, who fron1 the first ailned at the officers, 
,vere no\v able to finish their bloody work. In \vhat 
order they ,vere killed no one could after\vard tell; 
but froln the fact that only Thomas and Wright \",ere 
rernen1bered to have said anything, it is probable the 
others fell at the first fire, and that it \vas their fall 
,vhich demoralized the 111en so c0111pletely. Thonlas 
received several ,vounds. Wright \vas wounded in 
the hip, in the groin, in the right \vrist, and through 
the body. He \vas in a hole \vith four of his men, 
'v hen a sergeant attenlpted to bring him sOlne ,vater, 
and \vas also shot and ,vounded in the thigh. Soon 
after Wright died, and the relnaining three, all of 
\v horn \vere wounded, \vere left to defend then1sel ves 
and protect the body of their dead comnlander. 
About three o'clock an Indian crept up to the edge 
of the basin, calling out in English to the soldiers if 
they \vere not \voundcd to leave for caulp, as he did 
not \vish to kill all of them, at the san1e tilne throw'- 
ing stones into the pit to cause sonle n10vernent if any 
there were really alive. Hearing no sound, he crept 
closer and peered over, with two or three others, \v hen 
the soldiers sprang up and fired. The Indians then 
left them, \v hether wounded or not the soldiers could 



622 


THE 
IODOC 'V AR. 


not telL Simi1ar scenes \vere being enacted in other 
parts of the field. As soon a.s it was dusk those of 
the \vounded who could move began cra\vling over 
the rocks tc}\vard calUp. 
Out of sixty-five enlisted rIlen, t\venty-two were 
killed and sixteen "Tounded, a loss of over three fifths 
of the force; of the five counuissioned officers, not 
one escaped, though Harris lived a fe\v days after 
being mortally \vounded; Surgeon Seillig recovered 
\vith the loss of a leg; n1aking the total loss of t\ven- 
tv-seven killed and seventeen \vounded, besides a citi- 
z
n shot \vhile going to the relief of the \vounded. 
"'Vhere were the W arnl Spring scouts?" asked the 
horrified critics of this day's \vork. They \vere in the 
rear and to the left of Thornas, and after the attack, 
could not get nearer because the soldiers would n1Ïs- 
take them for the J\fodocs, not qeing in uniforln. 84 
According to SOl11e \vitnesses, help was very tardily 
}'endered after the attack on Tholnas' con1nland be- 
came kno\vn,85 \vhich it soon \vas. Although the 
stragglers Legan to come in about half-past one o'clock, 
it \vas not until night that a rescuing force \vas ready 
. t,,) go to Tho111aS' relief. When they did n10ve, there 
,vere three detaclunents of cavalry under captains 
Trimble and Cresson, and two others under Jackson 
and Bernard, \vith t\VO con1panies of artillery under 
Throckmorton and 
liller. In t,yO lines they nloveù 
out over the lava-Leds, soon lost to sight in the gloOlll 
of night and telTIpest, a severe 
torm having COll}e on 
at the close of a fine day. A large fire "Tas built on 
a high point, \vhich gave but little guidance on account 


f!4 BOJlle's Conduct of thp ltfodoc JVaT, )IS., 41-2; Corr. S. F. Chronicle, in 
Portland Oregonian, .May 6, 1873; S. F. Call, April 30, 187:3; S, F. Alia, 
April 30, 1873; Sac. Record-Union, April 30, 1873; S. F. Post. April 29, 1873; 
S. F. Blllletin, April 29, 1873; Annual Report of i1Iaj,-Gen. Jeff. c. navi.
, 
187:3, p. 5-6; Or. Deutsch Zf>itung, !\Iay 3, 1873; S. F. Elevator, 1Iay 3, J873. 

5Boyle says that the firing, which hegan about noon, could be distinctlf 
heard at camp. Cabaniss testified the same. The correspondent of the S. k. 
Chroni,'le said that no firing was hearù, but that he could see through Ius 
glass, from the signal-station, the soldiers running wil<.lly about and craw1in
 
over the rocks, e,-iùently p:mic-stricken. Col Green, he says, went immeùl- 
ately to their assistance; but this was false. 



CONTINUED DISASTER. 


6
3 


of the weather. When found, the \vhole extent of 
ground covered by the dead and \vounded \vas COIll- 
prised \vithin a fe\v hundred feEt, sho\\'ing ho\v little 
tilne they had in \vhich to n10ve. 
Finding it ilnpossible to bring in all the dead, the 
bodies of the soldiers \vere piled together and covered 
\vith sage-brush, \vhich the Indians subsequelltly'fired. 
The \vounded, and the dead officers, ,vere carried on 
stretchers, lashed upon the backs of mules, and the 
ghastly procession returned through the storm to 
canlp, \vhere it arrived at half-past eight on the 1110rn- 
ing of the 27th. 
The loss of so n1any officers and men deeply affected 
the ,vhole army. Soldiers ,vho ha.d been in the ser- 
vice all their lives ,vept like children. s6 The discon- 
tent \v hich had prevailed since the connnand devolved 
upon Gillein became intensified, and officers and Inen 
did not hesitate to say that had an experienced Indian 
fighter, instead of young officers just fron1 the east, 
been sent upon this reconnoissance, or had these young 
officers received the proper orders, the" disaster need 
not have occurred. The effect on the public Inind 
\vas sinlilar, ,y hich ,vas at first incredulous, then 
stunned. "Whipped again t \\
hipped again I" \vas the 
universallalnent. 87 


86' Especially was this the case as regards Lieut Harris of the 4th art., 
whose battery, K, perfectly idolized him.' S. .P. Call, April 30, 1873. 'That 
night's march made many a young man old.' Boyle's Conduct of the .AJodoc 
War, 1IS., 4. 
s7Evan Thomas was a son of Lorenzo Thomas, formerly adj.-gen. of the 
army. He was appointed 2d lieut of the 4th art. April 9, 1861, from the dis- 
trict of Columbia; was promoted to a first lieutenancy on the 14th of 
1ay 
18Gl, and made capt. Aug. 31, 18ö4, though brevetted capt. in Dec. 1862, 
and brevetted maj. in July 1803, honors won on the field of battle. He left 
a widow and two children at Sa.n Francisco. After receiving his death 
wound Thomas buried his gold watch and chain, in the hope it might escape 
disco\'ery by the Modocs, and be recovered by his friends. But the watchful 
foe did not permit this souvenir to reach them. 
Thomas F. Wright was a son of Gen. George 'Vright, formerly in command 
of the department of the Columbia, He was appointed to the \V pst Point mili- 
tary academy in 1838, anù servcd subsequently as 1st lieut in the 2d Cal. 
cavalry, but resigned in 1803, and was rcappointcd with the rank of maj, in 
6th Cal. info He was transferred to the 2d Cal. info with the rank of col 
until he was mustered out at the close of the '\\ ar of the rebellion with the 
rank of brevet brig.-gen. He was appointed 1st lieut of the 32d info in .July 
1800. In Jan. 1870 he was assihrned to the 12th illf. at Camp Gaston, Cal., 



624 


THE 1IODOC 'V AR. 


On the 2d of 
Iay Colonel Jefferson C. Davis, \vho 
had succeeded Canby in the command of the depart- 
lllent of the Columbia, arrived at headquarters, where 
the arlny had lain inactive and rnuch dispirited since 
the 26th. Davis sent for Wheaton, to whonl he 
soon restored the con1n1and of the troops in the field, 
and Mendenhall's comn1and having arrived, the army 
,vas to some extent reorganized, Davis taking a few 
days to acquaint himself with the country. 
During this interval the Modocs "
ere not idle. 
Their fires could be seen nightly in the lava-beds, and 
on the 7th they captured a train of wagons bet\veen 
Bernard's old camp and Scorpion Point, \vounding t\VO 
soldiers. Two Indian wonlen, sent on the same day 
to reconnoitre the last position of the Modocs, re- 
ported none in the lava-beds, a statenlent verified by 
J\IcKay. Hasbrouck's light battery, serving as cav- 
alry, and Jackson's cavalry \vere immediately ordered 
to prepare for an extended reconnoissance on the 9th 
to Inake sure that no Indians \vere secreted in any 
part of the lava-field. On the night of the 9th I-Ias- 
brouck encanlped at Sorass Lake, south-east of the 
pedregal on the road to Pit River, but the water be- 
ing unfit for use, a detachment was sent back seven- 
teen n1Ïles to procure some. While the detachment, 
'v hich ,vas escorted by the Warm Spring scouts, was 
absent, a company of thirty-three 1'Iodocs, headed by 
Jack, in the. uniform of General Canby, attacked the 


whence after the battle of the 17th of Jan. he was ordered to the Modoc 
country. A1bian Howe was appointed 2d lieut in 1866, having served asmaj. 
of volunteers during the war. He was promoted to a 1st lieut in Nov. 1869, 
and brevetted capt. in 
Iarch 1867. He was the son of Col H. S. Howe, 
formerly of the U. S. army, but on the retired list. He had but a short time 
l)efore his ùeath married a daughter of 'V. F. Barry, colonel of the 1st artil- 
lery, and commander of the artillery school at Fortress Monroe. Arthur 
Cranston was a native of 1\.Iass., 30 years of age. He graduated from 'Vest 
Point in 1867, and was appointed 2d lieut in the 4th art. He had served in 
the 7th reg. Ohio vol. before entering the military academy, and was pro- 
moted to a lieutenancy in the 53th Ohio reg. which served in western V. 
He left a widow and one child in Washington. George .M:. Harris was a na- 
ti ve of Pa, 27 years of age, and a graduate of West Point of the class of 1868. 
He was appointed 2d lieut of the 10th infantry in 1868, and assigned to tho 
4th artillery in 1869. S. Fe Call, April 30, 1873. 



A SLIGHT VICTORY. 


625 


can1p, stanlpeding their horses and leaving the com- 
llland on foot. 
\Vhile the troops were getting under arms, the 1\10- 
docs continued to charge and fire, killing four soldiers 
and one scout, and \vounding seven other 111en, t\VO 
111ortally. Hasbrouck rallied his comnland and charged 
the Indians at the very lT10nlent the detachnlent re- 
turned, 'v hich joining in the fight, the Modocs \vere 
pursued three 111iles and driven into the ,voods, \vith 
a loss of t\venty-four pack-aninlals, their alnn1unition, 
one \varrior killed, and several disabled, who \vere 
carried off on horses to\vard the mountains on Pit 
River, 
lcKay's scouts follo\ving. 
This \vas the first inlportant advantage gained since 
the beginning of the ,val'. The an10unt of aÜllTIuni- 
tion captured led to the conviction that Jack ,vas re- 
ceiving aid fron1 S(Hne unkno\vn source, a suspicion 
\yhich he afterward attenlpted to fix upon the l{lam- 
aths, against \VhOn1 no evidence was ever sho\vn, all 
the proofs going to show that the assistance callle 
fronl Y reka. 83 
On ne\ys of the attack on Hasbrouck reaching head- 
quarters, }Iason \vas sent to reënforce hinl \vith a 
hundred and seventy 111en, and tak
 the C0l11111and or 
an expedition whose purpose ,vas to capture Jack. 
On arriving at Sorass Lake, 1\Iason received in- 
fornlation from 1I,cKay that Jack \vas occupying a 
fortified position t\venty miles south of the original 
stronghold. lIe proceeded \vith three hundred n1en 
to invest this position, and keep a \vatch upon the 1\10- 
docs until the batteries should come up to shell theln 
out of it. But when the attack \vas made on the 
13th Jack had again eluded his pursuers. Haß- 
brouek's c01l11nand, \v hich had been again n1ounted, 
,vas ordered to give chase to\vard the south, \v hile 
1\Iason relnained in canlp, and Perry's troop rnade a 
88 Boyle was of opinion that in the fight of the 17th the Klamath scouts 
gave their ammunition to the Modocs, but Applegate, who was in command, 
strongly repelled the suspicion, and there was evidence enough of illicit com- 
merce with persons in or about Y reka. 
BlST. OB" VOL. II. '"0 



626 


THE l\10DOC WAR. 


dash along the southern border of the lava-beds to 
beat up Indians in alubush. A thorough scouting of 
the \vhole region resulted in surprising a party of the 
Cotton wood Creek band, killing one warrior and two 
arnled \VOlnen, 'v ho were Inistaken for ,varriors. All 
the rest of the men escaped, leaving five 'VOlllen and 
as n1any children, who \vere taken prisoners. 
Fronl these 'VOlnen intelligence ,vas gained that 
after the defeat at Sorass La.ke t\VO thirds of Jack's 
following had deserted him, declaring a longer contest 
useless, and that he had no\v no ability to fight except 
in self-defence. At the last storlny conference Jack 
had r,eluctantly consented to a cessation of hostilities, 
and the advocates of peace had retired to their beds 
alnong the rocks satisfied; but when n10rning came 
they found their captain gone, ,vith his adherents and 
all the best horses and arlns, as they believed, to\vard 
Pit River 
Iountains. The intelligence that the 1\10- 
docs ,vere roaming at \vill over the country caused the 
adjutant-general of the militia of California to order 
to be raised a conlpany of fifty sharp-shooters, under 
the captaincy of J. C. Burgess of Siskiyou county, 
which \vas directed to report to Davis. 
On the 20th of l\fay, Hasbrouck brought his pris- 
oners in to headquarters, at Fairchild's farn1, deliv- 
ering them to the general, \vho inllnediately despatched 
two Indian \vornen, Artena and Dixie, forlnerly ern- 
ployed as messengers by the peace conlmissioners, to 
find the remainder of the .Cottonwood band and invite 
them to come in and surrender \vithout conditions. 
Artena had no confidence that the Modocs \vouJd 
surrender, because of their fear that the soldiers \vould 
fall upon them and slaughter them in revenge for 
t!leir atrocities. But Davis succeeded in convincing 
her that he could control his Inen, and she in turn, 
after several visits, convinced the hesitating Indians 
so far that they consented, especially as Davis had at 
last sent them word that if they again refused they 



SURRE:NDER OF THE 'V ARRIORS. 


6Z1 


would be shot do\yn \yherever found ,vith a gun In 
their hands. 
Jlbout sunset on the 22d the cry ,vas heard in 
carnp, "Here they corne! Here they are I" Every 
n1an started to his feet, and every camp sound ,vas 
hushed. In front of the procession rode Blair, the 
superintendent of Fairchild's farm, ,vho sharply eyed 
the strolling soldiers. Fifty yards behind him rode 
Fairchild; behind hirll the l\Iodoc warriors, followed 
by the "70lnen and children, all n1ounted, or rather 
piled, upon a fe\v gaunt ponies, ,vho fairly staggered 
under them. Jlll the men ,vore portions of the 
U ni ted States uniform, and all the ,vonlen a lllotley 
assortment of garlnents gathered up about the settle- 
lnents, or plundered froin the houses pillaged in the 
beginning of the war. Both rnen and 'VOIIlen had 
their faces daubed with pitch, in sign of n1ourning, 
giving them a hideous appearance. Among them 
'V ere the laIne, halt, and blind, the scunl of the tribe. 
Slo\vly and silently they filed into Call1p, not a word 
being uttered by anyone. Davis \vent forward a 
little ,yay to meet theIn, \vhen t\vel ve \varriors laid 
do\vn their Springfield rifles at his feet, these being 
but about a third of the fighting strength of this band. 
Among then1, ho\vever, ,vere Bogus Charley, Curly- 
headed Doctor, Steanlboat Frank, and Shacknasty 
Jilll, four notorious villains. "\Vhen asked "1 here were 
Boston Charley and Hooker Jiln, Bogus ans,vered 
that Boston was dead, and IIooker ,Tinl ,vas searching 
for his body, neither of ,vhich stories ,vas true. Con- 
scious of his deserts, Hooker was skulking outside t.he 
guard, afraid to come in, but perceiving that the 
others ,vere unharmed, he finally presented hilnself at 
canlp by running at the top of his speed past the sol- 
diers and thro\ving hilllself on the floor of Davis's tent. 
The surrendered band nUlnbered sixty-five in all. 
The captive l\iodocs no,v endeavored by their hu- 
mility and obedience to deserve the confidence of the 
commander, and if possible to secure in1IDunity from 



628 


THE MODOC WAR. 


purlishrnent for thenlselves, and Davis thought best 
to Inake use of this truckling spirit in putting an end 
to the ,var. Fronl the inforlnation imparted by thern 
in several intervie\vs, it ,vas believed that Jack ,vas 
on the head-\\
aters of Pit River ,vith tv{enty-five ,var- 
rial's and plenty of horses and arms, and it ,vas deter- 
n1Ïned that a scouting expedition should take the field 
in that direction. On the 23d of l\1ay, Jackson left 
Fairchild's \vith his cavalry, luarching by the Lost 
River ford to Scorpion Point, \vhere the artillery conl- 
panies ,vere encamped. On the 25th Hasbrouck 
luarched to the san1e rendezvous, Perry follo\ving on 
the 28th, and \vith hilu ,vent the expedition and dis- 
trict headquarters. 
Three days previous to the removal of headquar- 
ters, the cOlnlnander, \vith five soldiers, t,vo citizens, 
and four arnled l\Iodocs, lllade a reconnoissance of the 
lava-beds, the 
Iodocs behaving with the lllost perfect 
fidelity, and convincing Davis that they could be 
trusted to be sent on a scout. Accordingly, on the 
27th, they \vere furnished with rations for four days, 
and sent upon their errand. Soon they returned, 
having found Jack east of Clear Lake, on the old iUl- 
llligrant road to Goose Lake, preparing to raid Apple- 
gate's farnl on the night of the 28th. 
Jackson's and Hasbrouck's squadrons, and the Warm 
Springs scouts \vere at once ordered to Applegate's 
and to take the trail of the l\fodocs to\vard Willo\v 
Creek cañon, a de::;patch being sent to notify the 
troops en route frOtH Fairchild's under "Theaton to 
hasten and join headquarters at Clear Lake. Elabo- 
rate preparations ,vere Inade for the capture, skirn1Îbh 
lines being forIned on each side of Willo,v Creek, and 
all the prolnillent points in the vicinity held by de- 
tachlnents. 
'Vhen all these preparations had been completed 
for investing the l\lodoc calnp, a nUlnber of the Indians 
appeared, calling out to the officers that they did not 
want to fight, and ,\'ould surrender, \vhen orders were 



IN PURSUIT OF JACK. 


629 


given not to fire. Boston Charley then came for\vard 
and gave up his arms, stating that the band \vere 
hidden among the rocks and trees, but \vould surrender 
if he \vere allo\ved to bring thenl in. At this rnOlnent 
the accidental discharge of a carbine in the hands of 
one of the scouts caused the Indians on the north 
side of the creek to disappear; but Boston offered to 
undertake gathering thenl in, if perll1itted to do so, 
\yhich perrllission \vas given by Green. It happened, 
ho\vever, that after crossing to the other side of the 
cañon for that purpose, Boston \vas captured by Has- 
brouck's troops con1Ïng up that side, and sent to the 
rear under guard, and that Green did not become 
a\vare of this fact for two hours, during which he 
waited for Boston's return, and the l\Iodoc \varriors 
escaped, though sonle 'VOluen and children \vere 
captured. It being too late to follo\v the trail of the 
fugitives, the troops bivouacked for the night. 
On the nlorning of the 30th Hasbrouck's scouts 
discovered the trail on the north side of \Villo\v Creek, 
leading to\vard Langell Va1l0Y. O\ving to the broken 
surface of the country, it ,vas not until late in the day 
that the forenlost of the troops under Jackson, \vho 
had crossed the creek and joined in the pursuit, 
reached the crest of the rocky bluff bounding Langen 
Valley on the east, and \v here the 
lodocs \vere 
discovered to be. When the skirmishers had advanced 
to \vithin gun-shot, Scarface Charley came for\vard 
\vith several others, offering to surrender, a.nd \vas 
pern1itted to return to the band \Vh0111 he promised to 
bring in. Jack's sister l\tlary, being \vith the troops, 
,vent \vith Scarface, as did also Cabaniss,89 to both of 
\VhOnl Jack promised surrender in the nlorning. But 
\vhen 1110rning canle, true to his false nature, he had 
again disappeared \vith a few of his follo\vÐ:rs. 
The news of Jack's escape being sent to head- 
. quarters, Perry ,vas ordered, on the morning of the 


"Eureka JVest Coast Signal, 
Iarch 1, 1876; Corr. Oregonian, June 3
 1873. 



630 


THE 
IODOC WAR. 


31st, to take guides and join in the pursuit. 90 About 
half-past one o'clock on the morning of June 1st 
Perry struck Jack's trail five lniles east of Apple- 
gate's, and at half-past ten he \\
as surrounded. He 
caIne cautiously out of his hiding-place, glanced un.. 
easily about hiln for a 1110111ent, then assullling a 
contJdent air, ,,,,ent for\yard to 111eet Perry and the 
officers present \vith hil}}, TrilnLle, l\Iiller, and De 
vVitt, with 'VhOlIl he shook hauds. He apologized 
for being captured by saying "his legs had gi ven 
out." Cl The troops \vere all called in, and the \vorld 
,vas a.llo\ved to kllO\V ano rejoice over the surrender 
of this redoubtaLle chieftain to a nlilitary force of 985 
regulars and 71 I ndian allies. 
The nUlllber of J ack'
 \varriors at the outset \yas 
estinlated to be 
ixty. By the addition of the flot 
Creek band he acquired about t\venty n10re. When 
the l\lodocs surrendered there \vere fifty fighting IIlen 
anJ boys, over fifty \YOnlen, and 1110re than sixty 
children. The loss on the Ride of the arlny \vas one 
hundred in kiBed and \vouuded; forty-oue being kiBed, 
of \v horn seven \vere cOllnnissioned officers. Adding 
the number of citizens killeJ, anù the peace COllHllis- 
sioners, the list of killed reached sixty-three, besides 
t\VO Indian aUies, lnaking sixty-five krUed, and sixty- 
three ,,"ounded, of \VhOlll some died. Thus the actual 
loss of the arnlY ,vas at least equal to the loss of the 
l\Iodocs, leaving out the \younded; and the nUlnber of 
,vhite persons killed nlore than double. 92 
N o\v that Captain Jack \vas no n10re to be feared, 
a feeling of professional pride caused the arll1Y to 
nlake nluch of the n1an \vho \vith one snlall conlpany 
arnled ,vith rifles had bamed and defeated a \v hole 
regiment of trained soldiers \vith all the appliances of 
nlodern ,varfare. But there ,vas nothing in the ap- 


90Henry Applegate, son, and Charles Putnam, grandson, of Jesse Apple. 
gate, were the guides who led Perry to Jack's last retreat. 
VI Annual Rt:pt of Jpff. c. DavÙ;, 1873. 
v2The Yr
ka, Union of 11ay 17, 1873, makes the number of killed 71, and 
wounded 67. 



CAPTURE OF CAPTAIN JACK. 


631 


pearance of Jack to indicate the n1ilitary genius that 
,vas there. He ,vas rather slllall, \veighing about 145 
pounds, with small hands and feet, and thin arnlS. 
His face \vas round, and his forehead lo\v a.nd square. 
His expression "
as serious, altnost nlorose, his eyes 
black, sharp, and \vatchful, indicating cunning, caution, 
and a detern1Ïned will. His age \vas thirty-six, and 
he looked even younger. Clad in soiled cavalry pan- 
taloons and dark calico shirt, his bushy, unkempt hair 
cut square across his forehead, reclining negligently 
on his elbo\v on the ground, \vith a pipe bet\veen his 
teeth, from \v hich srnoke \vas seldom seen to issue, his 
face 111otionless but for the darting of his \vatchful 
eyes, he looked almost like any other savage. 93 
As to the manner in \v hich the \yar \vas protracted, 
the cause is apparent. Had \Vheaton been permitted 
to build his mortar-boats, he \vould have shelled the 
1Iodocs out of their caves as easily as did Gilleln, and 
it being \vinter, they would have had to surrender. 
The peace commission intervened, the l\fodocs \vere 
pero1itted to go where they \vould, and to carryall 
the plans of the canlpaign to the stronghold to study 
ho\v to defeat thern. The cutting-off of Thonlas' conl- 
uland could only have happened tl:t-rough a kno\vledge 
of the intended reconnoissance. Da vis' plan was to 
occupy the -lava-beds as the l\fodocs had, \vhich \vas 
a ,vise one, for. as soon as they \vere prevented froln 
returning, it ,vas only a matter of a fe\v days' scout- 
ing to run them down. 


There remains little to be told of the J\fodoc story. 
The renlainder of the band was soon captured. O\V- 
ing to the alarul felt after the massacre of the peace 
93l\fany laudatory descriptions of Jack appeared in print. See S. F. Call, 
June 7, 1873; Portland V1'egonian, June 3, 1873; Red 1Jlujj" Sentinel, July 5, 
1873. Scollchin was even more striking in appearance, with a higher frontal 
brain, and a sensitive face, showing in its changing expression that he noted 
and felt all that was pastsing about him. Had he not been deeply wrinkled, 
though not over 43 years old, his countenance would have been rather pleas- 
ing. Scarface, Jack's high counsellor, was an ill-looking savage; and as for 
the others who were tried for murder, they were simply expressionless and 
absolutely indifferent. 



632 


THE 
J:ODOC \Y AR. 


commISSIoners and subsequent escape of the Indians 
from the lava-beds, a battalion of three companies of 
volunteers ,vas organized by authority of Governor 
Grover to keep open the road frOlll JacksonviJIe to 
Linkville, and to carry to the sett.lers in the Klamath 
basin some arrns a.nù ammunition issued a month pre- 
vious, in anticipation of the failure of the peace conl- 
Inission, and 'v hich ,vere stored at Jenny Creek, on 
the road to Linkville; a.nd Ross had his headquarters 
in Langell Valley. 
O\ving to the alarn1 of the settlers in Che\yaucan, 
Silver Lake, and Goose Lake valleys, Hizer's conl- 
pany had n1arched out on the Goose Lake road, where 
they \vere met by a company of fifty ll1en fronl that 
region under 
Iulholland, cOIning in for arlllS and an1- 
ll1unition. These, after being supplied, turned back, 
and Hizer's company, reëntering Langel] Valley just as 
Green's squadrons were scouting for Jack, joined in 
the chase, and after Green had returned to caInp on 
the night of June 3d, captured t\vel ve l\fodocs, among 
'VhOlll \vere t\VO of the most noted braves of the band. 
Ross sent a telegram to Grover, \v ho ordered hin1 to 
deli ver thelTI to the sheriff of Jackson county, and to 
turn over the others to General Wheaton. 
But nc\vs of the capture being conveyed to head- 
quarters at Clear Lake, an escort \vas sent to over- 
take the prisoners at Linkville and bring them back, 
Lindsay of the volunteers surrendering them to the 
United States officer under protest, upon being as- 
sured that Davis intended hanging those convicted of 
lIlurder. Such, indeed, \vas his design, having sent 
to Linkville for \vitnesses, an10ng- whom were the 
,vornen of the Boddy falnily.94 Before the tin1e ar- 


94 Hooker Jim and Steamboat Frank admitted being of the party who 
killed anù robbed this family, relating some of the incidents, on hearing which 
the two women lost all control of themselves, and with a passionate burst of 
tears and rage commingled, dashed at Hooker and Steamboat, one with a. 
pistol and the other with a knife. Davis interposed and secured the weapons, 
receiving a slight cut on one of his hands. During this e:xciting passage both 
the Indians s
ood like statues, without uttering a word. S. ./1. Call, June 9, 
1873. 



RED TAPE AND FOOLISH MERCY. 


633 


,rived ,vhich had been set for the execution, Davis 
recei ved s.uch instructions frolH Washington as arrc
ted 
the consunlIIlation of the design. 
This interference of the government, or, as it ,vas 
understood, of the secretary of the interior, so exas- 
perated certain persons \vhose identity \vas never dis- 
covered,95 that \vhen seventeen J\Iodoc prisoners \vere 
en route to Boyle's carnp at Lost River ford, in charge 
of Fairchild, they \vere attacked and four of thenl 
killed. The despatch \v hich arrested the preparations 
of Davis proposed to suLrnit the fate of the :àIodocs 
to the decision of the ,val' office, Sherman giving it as 
his opinion that some of thel11 should be tried by 
court-lnartial and sHot, others deliyered over to the 
civil authorities, and the renlainder dispersed all10ng 
other tribes. This was a sort of conlprolnise \vith the 
peace-co1111nission advocates, \vho \vere still afraid the 
J\lodocs \vould be harmed by the settlers of the Pa- 
cific frontier. So strong \vas the spirit of accusation 
against the people of the ,vest, anù their dealings \vith 
Indians, that it brought out a letter fronl Sherll1an, 
in \vhich he said: ""fhese people are the sallle kind 
that settled Ohio, Indiana, and Io\va; they are as 
good as we, and were \ve in their stead \ve should act 
just as they do. I kno\v it, because I have been one 
of thenl." 
The w hole arrny in the field protested against delay 
and red tape,96 but the l\Iodoc apologists had their \vay. 


115 Yreka reports charged this act upon the Oregon volunteers, though they 
Were not within 8 miles of the massacre. Two men only were concerned. A. 
B. 11eacham offered his aid to the secret service department to finù the assas- 
sins. 11. Ex. Doc., 122, 327, 43d congo 1st sess. 
96' I have no doubt of the propriety and the necessity of executing them 
011 the spot, at once. I had no doubt of my authority, as department com- 
mander in the field, to thus execute a banù of outlaws, robbers, anù murderers 
like these, under the circumstances. Your despatch indicates a long delay of 
the cases of these red devils, which I regret. Delay will destroy the moral 
effect which their prompt execution would have upon other tribes, as also the 
inspiring effect upon the troops.' Telegram, dated June 5th, in 11. Ex. 
Doc., 122, p. 87, 43d congo 1st sess. Davis referred here to the desire of 
the troops to avenge the slaughter of Uanby and Thomas' command-a desire 
which had animated them to endure the three days' fight in the lava-beds, and 
the eleven days' constant scouting. POl'tlaml Oregonian, June 7, 1873. 



634 


THE :MODOC \V AR. 


After ,vearisome argulnent and a decision by At- 
torney-general vVilliams,97 a n1ilitary ç0l11n1i8Sion \vas 
ordered for the trial of "Captain Jack and such other 
Indian captives as Inay be properly brought before 
it." Those \vho might be properly tried \vere named 
by the \var departrnent as the assassins of Canby, 
Tholnas, and Sher\vood, and "no other cases \v hat- 
ever," not\vithstanùing Grover had telegraphed to 
the departu1ent to turn over to the state of Oregon the 
slayers of her citizens, \v horn the governlnent refused 
to try, or allo\v to be tried, thus saying in effect that 
the victims had deserved their fate. At the sanle tinle 
a petition was addressed to Secretary Delano, by E. 
Steele, \Villiam H. 
Iorgan, John A. Fairchild, and 
II. '-tV. At\vell, asking that Scarface Charley, Hooker 
Jiln, Bogus Charley, Stean1boat Frank, Shacknasty 
Jim, and J\Iiller's Charley should be pernlitted to 
rell1ain in Siskiyou county, \vhere it \vas proposed to 
elnploy then1 on a farm near Yreka. Delano \yas 
constantly in receipt of letters in behalf of the l\Iodocs. 
On the 14th of June the J\Iodocs, 150 in nUlDLer, 
,vere renloved to Fort Klanlath, and inlprisoneJ in a 
stockade, after \vhich a large force of cavalry, under 
Green, and of infantry, under l\Iason, 111ade a lllarch 
of GOO u1ÏleB through eastern Oregon and Washington 
to overawe those tribes rendered restless anJ threat- 
ening by the unparalleled successes of the 
Iodocs. 
On the 30th of June, in obedience to instructions 
frorn Washington, Davis os appointed a Inilitary C0111- 
97 II. E.r. Doc., ] 22, 88-90, 43d congo 1st sess.; 8. F. Call, June 9, 1873; 
N. Y. Tribune, in Oregollian, June, 1873; }{. Y. llerald, June 2:!, 1873. 
98 Davis dic(l Nov. 30, ]879. He was born in Ind., and appointed from 
that state to 'Vest Point; commissioned 2d lieut 1st arti2ery J uue 17, 1848; 
1st lieut Feb. 29, 18,)2; captain :\Iay 14, 18m; colonel 12d Ind. vols Aug. 
},), ISGl; brig.-gen. vols Dec. IS, ISH1; brevet maj. l\Iareh 9, Ibü2, for gal- 
lant and meritorious services at the battle of Pea JUdge, Ark.; brevet lieut-col 
!\lay 15, 18ü4, for gallant and meritorious cOl1(luct in the battle of Resaca, Ga.; 
brevet col .May 20, 1864, for gallant and meritorious services in the capture 
of Rome, Ga; brevet maj.-gen. of vols Aug, 8, IbG4; brevet brig.-gen. .March 
]3, lSG3, for gallant and meritorious conduct in the battle of Kenesaw 1II0un- 
tain,Oa; brevet maj.-gen. for services in the battle of Jonesborough, Oa; aud 
colonel of the 2:
d infantry July 28, 18G6. He came to the Pacific coast as com- 
mander of the department of Alaska, and was afterwards assigned to the de- 
pa.rtmentofOregon. Hamersly's Army Reg.jor Une Hund'red Yea1's, 1779-1879. 



TRIAL OF THE :MURDRRERS. 


635 


mission, consisting of Colonel Elliott, captains J\fen- 
denhall, Hasbrouck, and l
olloek, and Lieutenant 
Kingsbury. J\Iajor Curtis ,vas appointed judge-ad- 
vocate. The trial began on the 5th of July. The 
,yitne
ses for the prosecution ,vere J\Ieachanl, Dyar, 
EIJery, Anderson, four of the 
lodocs \vho had turned 
state'R evidence, and the interpreters. t.T ack Blade 
use of his \vitnesses only to try to fix the bJanle of 
collusion upon the KJarnaths. Three of his \vitnesses 
alleged that the Klaluaths assisted them, and that 
Allen David had sent thenl lllessages advising thelll 
to hostilities; but this, \vhether true or false, did not 
affect their case. "Then he canle to address the corn- 
nti

ion, he said that he had never done anything 
\vrong before killing General Canby. NoboJy had 
ever said anything against hilD except the IClanlaths. 
He had al\vays taken the advice of good 111e11 in 
Y reka. He had never opposed the settlelnent of the 
coulltry by \v hite people; on the contrary, he liked 
to have thenl there. ,Jackson. he said, callIe to Lost 
River and Legan firing \vhen he only expected a talk; 
and that even then he ran off \vithout fighting. He 
\vent to the lava-beds, Hot intending to fight, and did 
not kno,v that the settlers ,vere killed until Hooker 
Jilll told hinl. lIe denied that Can by's nlurder ,vas 
concerted in his tent, accusing those \vhorn General 
Davis had employed as scouts. If he could, he \vould 
have denied killing Canby, as in hi8 last speech he did, 
saying it ,vas Shacknasty Jiul \V ho killed hilll. 
Only six of the l\Iodocs \vere tried, and four \vere 
hanged, nanlely, Jack, Sconchin, Black Jinl, and Bos- 
ton Charley. Jack asked for n10re tilne, and said 
that Scarface, \V ho \vas a relative, and a \vorse lIlan 
than he, ought to die in his stead. Scol1chin nlade 
SOUle requests cOlicerning the care of his children, 
and said, although he did not \vish to die, he ,vould 
suppose the judge had decided rightly. Black JilIl 
sarGastically remarked that he did not boast of his 
good heart, but of his valor in \var. lIe did not try 



636 


THE MODOC \V AR. 


to drag others in, as Jack had done, he said, and spoke 
but little in his o\vn defence. If it ,vas decided that 
he was to die, he could die like a Ilian. Boston 
Charley was coolly indifferent, and affected to despise 
the others for showing any feeling. "I an} no half 
\VOnlan," he proclailned. "I killed General Canby, 
a
sisted by Stearn boat Frank and Bogus Charley." 
On the 3d of October the tragedy cuhninated, and 
the four dusky souls \vere sent to their happy hunting- 
grounJ, neVerl110re to be nlolested Ly \vhite 1l1en. 99 
By an order fron1 the \var department, the rernainder 
of the band ,vere renloved to Fort D. A. Russell in 
'Vyolning, and subsequently to Fort 1IcPherson in 
Nebraska, and lastly to the Quapa\v agency in the 
Indian Territory; but the lava-Leds, ,vhich Can never 
be relllovecl or changed, ,vill ever be inseparably con- 
nected in 111en'8 lllinds ,vith Captain Jack and the 
l\[odocs in their brave and stub Lorn fight for their 
native land and liberty-a \var in 80Hle respects the 
J11ÙSt rerllarkable that ever occurred in the history of 
aboriginal exterrnination. 


99 11. Ex. Doc., 122, 290-328, 4:3<1 congo 1st sess.; s. F. Ca'l. Oct. 4,1873; 
Red Bluff Sentinel, Oct. 11, 1873; 8. F. lJulletilt, Uct. 4, 13, 20, 1873. 



CHAPTER XXIII. 


POLITICAL. INDUSTRIAL, AND INSTITUTIONAL. 
1862-1887. 


REPUBLICAN LOYALTY-LEGISLATURE OF 1862-LEGAL-TENDER AND SPECIFIC 
CO
TRACT-PUBLIC BUlL])I
GS-SCRVEYS A
D BOU)iDARIES-MILITARY 
ROAD-SWAMP A
D AGRICULTURAL LA"XDS-CIVIL CODE-THE :KE(
RO 
QUESTIO
-LATER LEGISLATIO
-GOVER
ORS GIBBS, \YOODS, GROVER, 
CHADWICK, THAYER, AND :J\100Dy-MEMBERS OF CONGRESS. 


ON the 9th of April, 1862, the republicans of Oregon 
nlet in convention, and aòopting union priuciples as 
the test of fitness for office, n(nninated John !l. 
1\IcBride for repre
entati ve to congress; Aòdison C. 
Gibbs for governor; Sa1l1uel E. 
fay for seeretary of 
state; E. N. Cooke, treasurer; Harvey Gordon, state 
printer; 1 E. D. Shattuck,2 S. C. juùge frOlTI 4th judicial 


1 Harvey Gordon was a natÏ\ye of Ohio, and a surveyor. He first engaged 
in politi
s in 18ÛO, 'when he associated himself with the Statesman, to wluch 
he gave, though a ùemocrat, a decit1cdly loyal tOlle, He died of consumption, 
at Y oncalla, a few months after his election, much regretted. Sac. UUiOl" 
July 1863. 

 I have mf>ntioned Shattuck in connection with the Pacific University. 
He was Lorn in Bakersfield, Dec. 31, 1824, and receÍ\'ed a clà
sical eùucation 
at Burlington. After graduating in 1848. he taught ill various seminaries 
until 18,)1, when be began to reaÜ law, awl was admitted to the bar in Kew 
York city in Nov. 
 g,)2. Thence he proceeded to Oregon in Feb. 18,)3, teach- 

ng 2 years in the Pacific University. In 18,)6 he was elected probate jl1l1ge 
III \Yashington co., in 180.>7 was a member of the constitutional con,'entioll, and 
soon after formed a law partnership with David Logan; was a lllcmLer of the 
legislature in 18,)8, aud held numerous pO!'ìitions of honor and trust from time 
to time. He was elected judge in 18G2, and held the office five years; was 
aJain elected judge in 1874, and held until ]878. He received a flattering 
votc for supreme judge and U. S. senator. In every position Shattuck has 
Lecn a modest, earnest, and pure man. His home wa.3 in Portland. Repl'e- 
8elltatit'e .Alen of Or., ]58. 
\V. Carey Johnson was Lorn in Ross co., Ohio, Oct, 27, 18:
3, and came to 
Oregon with his father, Hezekiah, in J 84,). After learning p:illting he stuùied 
law, aud was aùmitteù to practice in 1833. lie was elected prosecuting attor- 
( 6J7 ) 



638 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 


district; 'V. Carey Johnson, prosecuting attorney of 
the same; Joseph G. \Vilson, prosecuting attorney for 
the 3d judicial district, .LL\.ndre\v J. Thayer for the 2d, 
and J. F. Gazley for the 4th. 

['he n(nninees of the anti-adnlinistration party were 
A. E. Wait, who resigned his place upon the bench 
to run for congressnlan ; John F. l\liller for governor; 
George T. Vining for secretary of state; J. B. Greer, 
state treasurer; A. Noltner, state printer; \V. \V. 
Page, judge ti.om the 4th judicial district; prosecut- 
ing attorney of that district, \V. L. McEwan. 
The nlajority for all the principal union candidates 
_ was over 3,000, with a corresponding n)ajority for the 
lesser ones. s Gibbs \vas installed Septernber 10th at 
the methodist church in Salem, in the presence of the 
legislative assernbly.4 By act of June 2, 1859, the 
ofticial tern1 of the governor began on the second 
1Ionday of Septenlber 1863, and every four years 
thereafter. This, being the day fixed for the 11leeting 
of the legislature, dill not allo\v tinle for the graceful 


ney of Oregon City in 1858, city recorder in 1858, and prosecuting attorney for 
the 4th ùistrict in 18û2. In J8û,'J-û he he
d the position of special attorney 
under Caleb Cushing to investigate and settle the Hudson's Bay Co.'s claims. 
In 18Gö he 'was elected state senator, and in 1882 ran for U. S. senator. He 
resiùetl in Oregon City, where he practised law. His wife was Josephine, 
daugh ter of J. F. Devore. 
3 G-ibbl3' lYole.s on Or. IJi."t., 
IS., 19; Tribune Almanac, 1863, 57; Or. Ar- 
gus, June 14, 1802; Ur. State
man, June 23, 1863. 
4 House: Jackson, Lintlsey Applegate, S. D. Van Dyke; Josephine, J. D. 
Fay; Douglas, R. 
1allory, James 'Vatsoll; Umpqua, "T. H. 'Vilson; Coos 
and Curry, Archibald 
teYenson; Lane, V. S. 
lcClure, A, A. Hcmcnway,:M. 
'\Vilkins; Benton, A. ßI. 'Yitham, C. P. Blair; Linn, H. .M. Brown, John 
Smith, 'Vm 
1. :McCoy, A. A. 
IcCally; :Marion, 1. R. .Moores, Joseph Engle, 
C. A. Heed, John _Minto; Polk, B. 
impson, G. 'V. Richal'dsull; Yamhill, 
Joel Palmer, John Cummins; \Vashington, Ralph \Yilcox; 'Vashington and 
Culumbia, E. \V. Cunyers; Clackamas, F. A. Col:ard, 1\1. Hamsby, T. Kearns; 
Multnomah, Â. J. Dufur, P. 'Vas8ennan; Clatsop and Tillamook, P. \y, Gil- 
lette; \Vasco, o. Humason; speaker, Joel Palmer; clerks, S. T. Church, 
Henry Cummins, Paul Crandell; sergeant-at-arms, H. ß. Parker; door-keeper, 
J oseph 
Iyers. 
Senate: Jackson, .J. 'Yagner; Josephine, D. S. Holton; Douglas, S. }<'itz- 
hugh; Umpqua, Coos, aud Curry, J. 
V. Drew;, Lane, James :Munroe, C: E. 
Chrisman; Henton, A. G. Ho\"ey; Lmn, 13. Cud, D. 'V. Ballard; :MarlOll, 
John \V. Grim, \Villiam Greenwood; Polk, \Villiam Taylor; Yamhill, John 
R. !\lcBride; Clackamas and \Vaseo, J. K, Kclly; :àlultnomah, J. H. ._Mitchel!; 
'Vashillgton, Co:umòia. Clatsop, and Tillamook, \V. :Uow]by; presIdent, ,\. 
Bowlby; clerks, S. A. Clarke, \V. 13. Daniels, \Viley Chapmau; sergeant-at. 
arms, R. A. Barker; ùoor-keel'er, D. 
1. Fielùs. 



OFFICIALS OF 1863. 


639 


retirenlent of one executive before the other caIne 
into office. "Thiteakcr took notice of this faul t in legis- 
lation, by relninding the representatives, in his bien- 
nial ll1essage, that should it ever happen that there 
should not be present a quorum, or fron1 any cause 
the organization of both branches of the legislature 
should fail to be perfected on the day fixed by la\v, 
the legi
lature could not count the vote for governor 
and declare the election, and that consequently the 
ne\v governor could not be inaugurated. This, he 
said, ,,",ould open the question as to ,vhether the gov- 
ernor elect could qualify at SOU1e future day. 'fhis 
palpable hint \vas disregarded. The second l\Ionday 
in Septen]ber fell on the 8th, the organization \vas 
not completed until the 9th, and the inauguration 
followed on the 10th, no one raising a doubt of the 
legality of the proceedings. On the 11 th, nOluinations 
,yere n1ade in joint convention to elect a successor to 
Stark, \v hose senatorial ternl \vould soon expire, and 
Benjamin F. Harding of Marion county ,vas chosen. 5 
5 The nominations made were B. F. Harding, George H. 'Yilliams, E. L. 
Applegate, o. Jacobs, 'rhos H. Pearne, R. F. 
laury, J. H. 'Vilbur, A. Hol- 
brook, H. L. Preston, 'V. T. :Mattock, H. 'V. Corbett, and John 'Vhiteaker. 
Says Dcady: 'Benjamin F. Harding, or, as we commonly call him, Ben, Hard- 
ing, is about 40 years of age, anù a lawyer by profession, He was ùorn 111 
eastcrn Pennsylvania, where he grew up to man's estate, when he drifted out 
west, and after a brief sojourn in those parts, came to OregolJ in the summer 
of 18,")0, and settled llear Salem, where he bas cver since residcd. He was 
secretary of the territory some years, and has been a mem bcr of both state 
and territorial legislatures. He was in the assembly that elected :Kesmith 
and Baker, and was principal operator in the manipulations that produced 
that result. He is dcscended from good old federal ancestors, and of course 
is down on this rebellion and the next one on general principles. Following 
the example of his household, he grew up a whig, but entering the political 
field first in Orcgon, where at that time democracy was much in vognc, he 
took that side, and stuck to it moderately until the general dissolution in 1860. 
He left the state just before the presidential election, anù did not vote. If 
he had, although rated as a Douglas democrat, the probability is he wouhl 
have voted for Lincoln. He is devoid of all ostentation or special accom- 
plishment, but has a big head, full of hard common sense, and much of the 
rare gift of keeping cool and holding his tongue. He is of excellent habits, 
is thrifty, industrious, and never forgets No.1. In allusion to his reputed 
power of underground scheming and management among his cronies, he has 
long been known as "Subterranean Ben.'" Thomas H. Pcarne, one of the as- 
pirants for the senatorial position, preacher, and eùitor of the Pacific Ch1-is- 
tian A dvocate, had, as could be expected, a largc following of the methodist 
church, which was a power, and the friendship of Governor Gibbs, who was 
himself a methodist. But he had no peculiar fitness for the place, and re- 
ceived much ridicule froUl frienùs of Harding. 



640 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL: 
Strong union sentill1ents prevailing, disloyalty to 
the federal government in any forD) was out of fash- 
ion. N one but the luyal could draw nloney from the 
state treasury. But the Inost stringent test ,vas the 
passage of an act compelling the acceptance of Unit.ed 
States notes in payn1ent of debts and taxes, as \veIl as 
an act providing for the paynlent of the direct tax 
levied by act uf congress in August 1861,6 arnountiua 
to over $35,000, seven eighths of the annual revenu
 
of the state. ï 


The legal-tender question was one t.hat occasioned 
nluch discussion, sonle iUlportant suits at la\v, and con- 
siderable disturbance of the business of the Pacific 
coast. The first ill1pul
e of a loyalluan \vas to declare 
bis ,villingness to take the notes of the governnlent at 
par, and in Oregon nlany so declared thenlsel Yes. The 
citizens of The Dalles held a lueeting and pledged 
thenlsel yes to trade only \vith persons "patriotic 
enough to take the faith of the governrnent at par." 
The treasurer of l\Iarion county refused to receive 
]egal-tenders at all for taxes; ,vhile Linn received them 
for county but rejected them for state tax; ClackalT13S 
recei ved thenl for both state and county tax; and Co- 
IUll1bia at first received and then rejected then1. 8 The 
state treasurer refused to receipt for legal-tenders, 
\\yhich subjected the counties to a forfeiture of t\yenty 
per cent if the coin ,vas not paid \vithin a certain tilDe. 
In 18G3, ,vhen greenbacks \vere worth .forty cents on 
a dollar, Jackson, Josephine, Douglas, Lane, Benton, 


6 The internal revenue law took effect in August 18G2, Lawrence ,V. Coe 
of The Dalles was appointe({ collector, and Thomas Frazier assessor. 'V. S. 
l\Iatlock was appointed U. S. depositary for Oregon to procure U. S. revenue 
stamps. Or. Statesman, Aug. 11 and Nov. 3, 1862. . 
7 According to the message of Gov. \Vhiteaker, there were $40,314..6G In 
the treasury on the 7th of Sept., 1862. To draw the entire amount due the 
U. S. on the levy would leave a sum insufficient to carryon the state govt, 
therefore $10,000 was ordered to he paid at any time when called for, and the 
remaining 
2.J,OOO any time after the 1st of 
larch, 18G3; and the treasurer 
should pay the whole amount appropriated in coin. O'r, Stct.tesman, Oct. 27, 
1862. 
B S. F. Bl.l11f'tin, Dec. 18, 1862; S. F. Alta, Nov. 18, 1862Ä Or. Argus, Dec. 
6, 18ü2; 07". Statesman, Dec. 22, 1862; Or. Gen. La'w,''l, 92. 



THE GREENBACK QUESTION. 
and C1atsop tendered their state tax in this currency, 
\vhich the state treasurer refu
ed to receive. These 
counties did not pay their taxes. 
I t ,vas contended by some that the constitution of 
Oregon prohibited the circulation of paper nloney. 
It did, in fact, declare that the legislative assetllbly 
should not have po\ver to establish or incorporate any 
bank; and forbade any bank or COtllpany to exist in 
the state ,vith the privilege of making, issuing, or 
putting into circulation any notes or papers to circu- 
late as money. Such a conflict of opinions could not 
but disturb business. 9 
In an action bet"'
en Lane county and the state of 


641 


'Place avarice and patriotism in opposition among the masses, and the 
latter is sure in time to give way. Throughout aU, California held steadily, 
and loyally withal, to a metallic currency. Business was done upon honor; 
but there were those both in California and Oregon who, if patriotic on no 
other occasions, took advantage of the law to pay debts contracted at gold 
pt'ices with greenbacks purchased for 40 or 90 cents on a dollar with coin. 
After much discussing and experimenting, Oregon finally followed the exam- 
ple of California. In California and Oregon no public banks had ever existed, 
all being owned by private indi\?iduals, being simply banks of deposit, 
where the proprietors loaned their own capital, and, to a certain extent, that 
of their depositors. They issued no bills, and banked alone upon gold or its 
equivalent. They therefore refused to receive greenbacks on general de- 
posit; and these notes were thrown upon the market to be bought and sold 
at their value estimated in gold, exactly reversing the money operations of 
the east. In New York gold was purchased at a premium with greenbacks; 
in California and Oregon greenbacks were purchased at a discount with gold; 
in New York paper money was bankable, and gold was not offered, being 
withdrawn from circulation; in San Francisco and Portland gold only was 
bankable, and paper money was offered in trade at current rates, and not de- 
sired except by those who had bills to pay in New York. In Jan. 1863 the 
bankers and business men of Portland met and agreed to receive legal-ten- 
ders at the rates current in San Francisco, as published from time to time in 
the daily papers of Portland by Ladd and Tilton, Lankers. The merchants 
of Salem soon followed; then those of The Dalles. Finally the merchants 
published a black-list containing the names of those who paid debts in legal 
tenders, to be circulated among business men for their information. Ur. 
Statesman, Jan, 5, 1863; Portland Or(Jgonian, Aug. 30, 1864; and bills of 
goods were headed 'Payable in U. S. gold coin,' These methods protected 
merchants in general, but did not keep the sulject out of the courts. Able 
arguments were advanced by leading lawyers to prove that the treasury notes 
were not money, as the constitution gave no authority for the issuance of any 
but gold and silver coin. To these arguments were opposed others, equally 
able, that the government had express power to coin money, and that money 
might be of allY material which might be deemed most fit, as the word 
'money' did not necessarily mean gold, silv'er, or any metal. James Lick vs 
'Villiam Faulkner and others, in Or. Statesman, Dec. 29, 1862. The supreme 
court of California held that legal-tenders were lawful money, but that it did 
not follow that every kind of lawful money could be tendered in the payment 
of every obligation. Portland Oregonian, Aug. 30, 1864. 
II1s:1'. OR., VOL. II. 41 


.; 



642 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 
Oregon, the court, Judge Boise presiding, helll that 
the act of congress authorizing the issue of treasury 
notes did not Inake them a legal tender for state taxes, 
and did not affect the law of the state requiring state 
taxes to be paid in coin. In another action bet\veen 
private parties, the question being on the po\ver of 
congress to make paper a legal tender, the court ruled 
in favor of congress. On the other hand, it \vas de- 
cided by Judge Stratton that the law of congress of 
February 25, 1862, was unconstitutional. This law 
nlade treasury notes a legal tender for all debts, dues, 
and den1ands, \v hich included the salaries of judges, 
which were paid from the state treasury. Hence, it 
,vas said, came the decision of a supreme judge of Ore- 
gon against the po\ver of congress. 
Turn and t\vist the subject as they would, the cur- 
rency question never could be made to adjust itself 
to the convenience and profit of all; because it \vas a 
,yar Illeasure, and to nlany n1eant present self-sacri- 
fice and loss. For instance, \vhen greenbacks \vere 
,vorth no more than thirty or forty cents on the 
dollar in the dark days of the spring of 1863, federal 
officers in California and Oregon \vere cOlnpelled to 
accept thern at par froin the governlnent, and to pay 
for everything bought on the Pacific coast at gold 
prices, greatly advanced by the eastern inflation. The 
Jllerchants, ho\vever, profited largely by the exchange 
and the advanced prices; selling for gold and buy- 
ing \vith greenbacks, having to some extent and for a 
tinle the benefit of the difference bet\veen gold and legal 
tenders. To prevent those who contended for the con- 
stitutionality of the act of congress fron1 contesting 
cases in court, California passed a specific contract 
law providing for the payn1ent of debts in the kind 
of n10ney or property specified in the contract, thus 
practically repudiating paper currency. But it quieted 
the consciences of really loyal people, ,vho \vere un- 
willing to seem to be arrayed against the govern- 



CURRENCY AND CAPITAL. 


643 


Inent, and yet were opposed to the introduction of 
paper currency of a fluctuating value. tO 
The Oregon legislature of 1864 follo\ved the exam- 
ple of Calitornia, and passed a specific-contract Jaw. 
No 1110ney should be recei ved in satisfaction of 
 
judglnent other than the kind specified in such judg- 
rnent; and gold and sil'ler coins of the United States, 
to the respective aluounts for ,vhieh they were legal 
tenders, should be received at their nominal values in 
payment of every judgment, decree, or execution. A 
Ja\v was enacted at a special session of the legis]atur
 
in 1865, called to consider the thirteenth amendment 
to the constitution of the United States, n1aking all 
state, county, school, and rnilitary taxes payable in 
the current gold and silver coin of the goverlHllent, 
except where county orders were offered for count.y 
taxes. This la \V rell10ved every inlpedirnent to the 
exclusive use of coin \yhich could be removed under 
the la\vs of congress, and ,vas in accordance \vith the 
popular will, ,vhich adhered to a metallic currency. 
By the constitution of Oregon, requiring that at 
the first regular session of the legislature after its 
adoption a la\v should be enacted sublnitting the 
question of the location of the seat of governrnent t<? 
the vote of the people, the assen1bly of 1860 had 
passed an act caning for this vote at the election of 
1862. 11 The constitution declared that there 11lu
t 
be a lnajority of all the votes cast, and o\ving to the 
fact that ahnost every to\vn in the state received 
SOine votes, there was no n1ajority at this election; 
but at the eleetion of 1864 Saleul received seventy..; 
nine over all the votes cast upon the location of the 
capital, and \vas officially declared the seat of govern- 
nlent. As the constitution declared that no tax 
should be levied, or Inoney of the state expended, o
 


10 See opinion of the supreme court of Cal. on the specific-contract act, in 
Portland Oregonian, Aug. 20 and Sept. 2, 18ü4; Ul'. Statesman, Jtùy 22, 18Ü4; 
8. F. A ita, Jan. 29, 1868. 
11 Or. Gen. Laws, 94; Or. Laws, 18ÛO, 68-9. 



644 POI.lITICAL, INDUSTRIAL, AND INSTITUTIONAL. 


debt contracted, for the erection of a state-house prior 
to the year 1865, this decision of the long-vexed 
question of the location of the capital \vas tin1ely. 
1"en entire sections of land had been granted to the 
state on its adnlission to the union, the proceeds of 
\v hich were to be devoted to the cOlnp]etion of the 
public buildings, or the erection of others at the seat 
of governnlent; said lands to be selected by the gov- 
ernor, and the proceeds expended under the direction 
of the legislature. O\ving to the obstacles in the 
way of locating the public lands, the public-buildings 
fund, intended to be derived therefrom, had not yet 
begun to accumulate in 1864, nor was it until 1872 
that the legislature appropriated the sum of $100,000 
for the erection of a capitol. It ,vill be renlen1hered 
that the penitentiary building at Portland had fron1 
the first been unnecessarily expensive, and ill-adapted 
to its purpose, and that the state had leased the 
institution for five years from the 4th of June, 1859, 
to Robert Ne,vell and L. N. English. 12 
Governor Gibbs, in a special nlessage to the legis- 
lature of 1862, proposed a radical change in the man- 
agenlent of the penitentiary.13 He suggested that 


12 Leven N. English, born near Baltimore, in March 1792. removed when 
8 child to Ky. He was a volunteer in the war of 1812, taking part in 
several battles. On the restoration of peace he removed to Ill., then a wilder. 
ness, where the Black Hawk war again called upon him to volunteer, this 
time as capt. of a company. In 1836 he went to Iowa, where he erected a 
flouring mill; and in 1845 he came to Oregon, settling near Salem. English's 

iil1s of that place were erected in 1846. On the breaking-out of the Cayuse 
war, English and two of his sons volunteered. He had 12 children by his 
first wife, who died in 1851. Bya second wife he had 7. He died March 5, 
1875. San José Pioneer, Sept. 2, 1877; Trans. Or. Pioneer AS80., 1875-6. 
13 As it was the practice of the lessees of the penitentiary to work the convicts 
outsiùe of the cnclosure, the most desperate and deserving of punishment often 
found means of escape. Twenty-five prisoners had escaped, twelve had been 
pardoned in the last two years of \Vhiteaker's administration, and five had 
finished the terms for which they were sentenced, leaving twenty-five still in 
confinement. Fj'he crimes of which men had been convicted anù incarcerated 
in the penitentiary since 1853 were, arson 1, assault with intent to kill 15, 
assault with intent to commit rape 1, rape 1, assisting prisoners to escape 3, 
burglary 8. forgery 3, larceny 58, murder 1, murder in the second degree 12, 
manslaughter 6, perjury 1, receiving stolen goods 1, riot 1, robbery 3, threat 
to extort money 1, not certified 7-1
3, making an average of 131 commitments 
annually during a period of 9 years. For the period from Sept. 1862 to Sept. 
1864 there was a marked increase of crime, consequent upon the immigration 
from the southern states of many of the criminal classes, who thus avoided the 



PENITENTIARY. 


645 


the working of convicts away froln the prison grounds 
should be prohibited, and a system of lnanufactures 
introduced, beginning \vith the n1aking of brick for 
the public buildings; and advised the selection of 
several acres of ground at the capital, and the 
erection of ternporary buildings for the acco111ffiodation 
of the convicts. The legislature passed an act luaking 
the governor superintendent of the penitentiary, \vith 
authority to manage the institution according to his 
best judglnent. Under the ne\v systenl the expenses 
of the state prison for two years, from N oveln bel' I, 
1862, to Septel1lber 1, 1864, aillounted to $25,000, 
about $16,000 of which \vas earned by the convicts. u 
As soon as the seat of governlnent \vas fixed, the legis- 
lature created a board of cOlnluissioners for the loca... 
tion of lands for the penitentiary and insane asylu111, of 
which board the governor ,vas chairn1an; and \vho pro- 
ceeded to select 147 acres near the eastern liluits of the 
to\vn, having a good \vater-po\ver, and being in all re- 
spects highly eligible. I5 At this place \vere constructed 
tenlporary buildings, as suggested by Governor GiLbs, 
a.nd during his administration the prisoners \yere re- 
moved fronl Portland to Salern. Under his succe
sor 
still further in1provernents were lllade in the condition 
and for the security of the prisoners, but it \vas not until 
1871 that the erection of the present fine structure \vas 
begun. It was fini8hed in 1872, at a cost of $160,000.16 


draft. In these 2 years 33 convicts were sent to the penitentiary, 12 for lar- 
ceny, 5 intent to kill, 4 burglary, 3 murùer in the 1st degree, 2 manslaughter. 
1 rape, 1 seduction, 1 arson, 1 receiving stolen goods. The county of 'Vasco 
furnishe-d just i of these criminals, showing the direction of the drift. u,.. 
Journal 110'lt8e, 1864, ape 35-53. 
H The warden who, directed by the governor, proùuced these satisfactory 
results was A. C. K. Shaw, who, by the conscnt of the legislature, was subse- 
quently appointed superintendent by the governor. 
15 The lanù was purchased of :Morgan L. Savage, at $45 per acre, and the 
water-power of the \VilJamette 'V oollen Manufacturing Company for $2,000. 
George H. Atkinson was employed to visit some of the westcrn states, and to 
visit the prisons for the purpose of obseryillg the Lest methods of building, 
and laying out the grounds, with the arrangement of industries, and all mat- 
ters pertaining to the most approved modern penitentiaries. Or. Jour. 
How
e, ]865, ape 7-12. 
16 Gibbs' Notes on Or. Hist., 
IS., 20-22; Or. Code, ]862, ape 7]-3; Or. Lmt.R, 
1866, 93-8; Or. Levis. noes, 1868, 7-]0, 14; U. S. Educ. R('pt, 548-57, 41st 
congo 3d sess. See description in Murphy's Oregon Directory, 1873, 197-8. 



646 POLITICAL, INDUSTRIAL, AND INSTITUTIO
AL. 
Previous to 1862 no proper provision had been 
lnade for the care of the insane. The legislature in- 
vested Governor Gibbs with authority to select land 
for the erection of an asylunl at Salenl, and to contract 
for the safe-keeping and care of the patients; but the 
state not yet being able to appropriate llloney for suit- 
able buildings, the contract ,vas let to J. C. Hawthorne 
and A. 1\1. Loryea, who established a private asylulll 
at East Portland, \vhere, until a recent date, all of 
these unfortunates \vere treated for their mental ail- 
Inents. 17 It \vas not until about 1883 that the state 
asylurn, a fine structure, was completed. 


. The legislature of 1862 passed an act for the loca- 
,tion of the lands donated to the state, amounting in 
all to nearly 700,000 acres, besides the swan1p-lands 
donated by congress l\Iarch 12, 1860, and Governor 
Gibbs \yas appointed cOlnn1Íssioner for the state to 10- 
eate all lands to \vhich the state was entitled, and to 
designate for \v hat purposes they should be applied. I8 
A siLllilar act had been passed in ] 860, elnpo\vering 
Governor Whiteaker to select the lands and salt springs 
granted by act of adlnission, by the donation act of 
1850 for university purposes, and by the act of l\Iarch 
12, 18GO, donating S\Valllp and overflo\ved lands to the 
state, which the failure of the con1n1issioner of the 
general land-office to send instructions had renderpd 
inoperative. The legislature of 1860 had also provided 
for the possessory and preën1ptory rights of the 500,- 
000 acres donated to the state, by which any person, 


17 In 1860 the insane in Oregon were twenty-three in number, or a per cent 
of 0.438; in 18G4 there were fifty-one patients in the asylum from a popula- 
tion of 80,.000, giving a per cent of 0.638. The percentage of cures was ;12.50. 
OJ". Jour. HOllse, 1862, ap. 49; Or. Jour. Jlou
e, 1864, ap. 7-8. In Sept. 
1870 the asylum contained 122 persons, 87 males and 33 females. Of the 
whole number admitted in 1870-2, oyer 42 per cent recO\"ered, and 7 per cent 
ùi{:ù. The building and grounds there were not of a character or extent to 
meet the requirements of the continually increasing numùer of patients. Gov- 
ernor's 111essage, in Portland Oregonian, Sept. 13, 1866; }làsh's Or., 149; Or. 
Iru3ane Al:J!/lum Rept, 1872; Portland JV,'st Shore, :March lð80. The number 
of patients in 1878 was 
33, of whom IG6 \\ ere males. Rept of c. C. :-Jtrong, 
Visiting PIlYl:Jician, 1878, 6. 
. 1ti01'. Code, 1862, 105-7; Zabrlt3kie'8 Land Law, 6.39-63. 



STATE LANDS. 


647 


being a citizen, or having declared his intention of 
becollling such, might be entitled to, \vith the right 
to preëmpt, any portion of this grant, in tracts not 
less than 40 nor n10re than 320 acres, by having it 
surveyed by a county surveyor; the clairnants to pay 
interest at the rate of ten per cent per annUIl1 upon 
the purchase nloney, at the rate of $1.25 an acre, the 
fund accruing to be used for school purposes. When- 
ever the government survey should be rnade, the 
claimant Inight preëlnpt at the general land-office, 
through the agency of a state locating agent. By 
this act the state ,vas relieved of all expense in select- 
ing these lands; but Governor Whiteaker gave it as 
his opinion that the act ,vas in conflict \vith the la\vs 
of the United States, in so far as the sta.te taxed the 
public lands, \vhich opinion \vas sustained by the gen- 
eralland-office, as well as that the state could have 
no control over the lands intended to be granted until 
after their selection and approval at that office. 19 The 
act was accordingly repealed, after the selection of 
about 22,000 acres, and another passed, as above 
stated. 
l\Iuch difficulty was experienced in finding enough 
good land subject to location to rnake up the anlount 
to ,vhich the state ,vas entitled for the benefit of COlll- 
nlon schools and the endO\Vlllent of an agricultural 
college,20 on account of the neglect of the governn1ent 
to have the lands surveyed, the surveys having been 


19 Or. Jour. llollse, 1862: ap. 27; Or. Statesman, Sept. 15, 1862. 
20 Or. Code, 18G2, ap. 109-10. The U. S. law making grants to agricul- 
tural coUeges apportioned the land in quantities equal to ;30,000 a(;.4'es for each 
senator and representative in congress to which the states were respectively 
entitled by the apportionment of 18GO. By this rule Orcgon was granted 
90,000 acres. Id., GO-4. The selections made previous to Gibbs' administra- 
tion wcre taken in the 'Villamette and Umpqua valleys. To securc the full 
amount of desirable lands required much careful examination of the country. 
The agricultural-college grant was taken between 18G2 and 18G4 in the !Oam- 
ath Valley, and a considerable portion of the common-school lands also. 
Eastern Oregon, in the valley of the Columbia, was also searched for gOQ(1 
locaticns for the state. D.:P. Thompson and George H. Bèlden were the 
principal surveyors engaged in making selections. Belden made a complete 
map of Oregon from the best authorities, Previous to this the maps were 
very imperfect, the best being one made by Preston, and the earlicst by J. 
'V. Trutch in 1855. 



148 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 
JllUCh in1peded by Indian hostilities, and the high 
prices of labor consequent on gold discoveries. Upon 
the petition of the Oregon legislature, congress had 
extended the surveying la ,vs to the country east of 
the Cascades, and preparations were making to extend 
the base line across the mountains east from the Wil- 
1alnette meridian, ,vith a vie\v to operations in the 
county of Wasco and the settlements of U nlatilla, 
WalIa Walla, John Day, and Des Chutes valleys.
l 
But congress failed to lnake an appropriation for the 
purpose, contracts already taken were annulled, and 
little progress ,vas made for t\VO years, during which 
the squatter kept in advance of the surveys upon the 
nlost valuable lands. During the year ending June 
30, 1860, the service ,vas prosecuted along the Co- 
]umbia River in the neighborhood of The Dalles, in 
the U 111atilla Valley, and also in the Klan1ath coun- 
try, near the California boundary, which ,vas not yet 
established. 
An act was passed by congress June 25, 1860, for 
the survey of the forty-sixth parallel so far as it con- 
stituted a boundary between Oregon and Washington, 
which \vork was not accomplished until 1864, although 
the length of the line ,vas only about 100 nÚles, from 
the bend of the Columbia near Fort W ana WalIa to 
Snake River near the n10uth of the Grand Rond 
River.2
 There was much delay in procuring the ser- 


21 Land Off. Rept, 1858, 29-30. 
22 'Vhile this matter was under consideration in congress, it was proposed 
in the senate that a committee should inquire into the expediency of reunit- 
ing'Vashington to Oregon. Sen. J.fisc. Doc" 11, 36th congo 2d sess., a prop- 
osition which, so far as the 'Valla \Valla Valley was concerned, would 
have been received with great favor by the state, the natural bounùary of 
which is indicated by the Columbia anù Snake rivers. This was the boundary 
fixed in the constitution of Oregon, from which congress had departed. A 
motion was made in the legislature to annex at several different times. See Or. 
Jour. House, 1865, 50-73; 
lemorial of Or. leg. in 1870
 in U, B, 11. J.lfisc. 
..Doc., 23, i., 41st congo 3d sess.; Or. Laws, 1870, 212-13; Or. Jour. Ben" 1868; 
U. S. Spn. 
l i.çc. DOr"., 27, 42d congo 3d sess.; Salem State,'mwn, Feh, 14, 1871; 
Salem A/ercllry, 
::1arch 18, 1871. As late as 1873 Senator Kelly introduced 
Po bill to annex Walla \Valla county to Oregon, so 3ß to conform the boundary 
to that named in the constitutional convention. On the other hanel, the peo- 
ple of \Vashington woulù have been unwilling to resign this choice region. 
The matter was revived in 187
6J when a committee of the U. S. house rep. 



BOUNDARY SURVEYS. 


649 


'Vices of an astronomer and surveyvr l\" ho \voltld 
undertake this survey for the sn1all amount appro- 
priated, the country being exceedingly rough, and 
including the crossing of the Blue 
fountains.23 The 
contract \vas finally taken by Daniel G. 
Iajor late in 
18G4.2' 
By the time the northern boundary was cornpleted, 
the n1Ïning settlernents of eastern Oregon den1anJed 
the survey of the eastern boundary frotn that point 
near the 1110uth of the O\vyhee ,vhere it leaves Snake 
River and continues directly south. The saIne ne- 
cessity had long existed for the survey of the 42<1 
parallel bet\veen California and Oregon, ,vhich ,vas 
not begun till 1867, ,,,,hen congress made an appro.. 
priation for surveying the Oregon and Idaho boun- 
daries as well, l\Iajor again taking the contract. 25 
O\ving to the continuous Indian \vars in eastern Ore- 
gon, as late as 1867 it ,vas necessary to have a n1Ïli- 
tary escort to protect the surveying parties and their 
supply trains; and it often happened that the forces 
could not be spared froIn the scouting and fighting 
\v hich kept them actively en1ployed. But in spite uf 
these obstacles, in 1869 there had been surveyed of 
the public lands in Oregon 8,368,564 out of the 
60,975,360 acres \vhich the state contained; the sur- 
veyed portions covering tho largest areas of good lands 
in the n10st accessible portions of the 8tate; leaving 
at the same time rIlany considerable bodies of equally 


reported favorably to the rectification of the Oregon boundary, but the change 
was not made. ][. Misc. Doc., 2:
, 44th congo 2ù sess.; Congo Globe, 1875- 
6, 300, 4710; }-I. Com. !lept, 7G4, 44th congo 1st sess. 
23The amount proviùed was 84,500. Sur. -gen. Pengra recommended J, 'V. 
Perrit Huntington, a Connecticut man, an immigrant of 184R After a brief res- 
iùcnce in Oregon City he settled in Polk county, farming and teaching school, 
but removing to Y on calla subsequently, where he married 
Iary, a daugbter 
of Charles Applegate, ancl where he followed farming and surveying. He 
was a man of ability, with some eccentricities of character, He was electeù 
to the legislature in ISGO, and was one of the most earnest of the republicans. 
In 18G
 he was appointed snperintel1l1ent of Indian affairs, and again by.An- 
drew Johnson in 18G7, He died at his home in t;alem J nne 3, 18UD. Salem 
Unionist, in Ro.';('bur[] En:.;i!J71, June l
, IS(i!); Dend!1'.
 Scrap-Book, 29. 
2-l Land Uff, R('pt, ISG4, 9; Portlund Uregoniall, Oct. ]3, It>G4, 
25U,'. Jour. lIOlL::;e, ISG4, 42; Vr. Aryu:;, J nne 22, 1863; Lund Off. Rept, 
1867, 113-14. 



650 POLITICAL, INDCSTRIAL, AND INSTITUTIONAL. 


good land, 'v hich ,vould at a later period be required 
for settlen1ent. 26 
The first sale of public lands in Oregon by procla- 
mation of the president took place in 1857. Only 
ten or eleven thousand acres \vere sold, netting the 
governnlent little Ulore than the expenses of survey- 
ing its lands in Oregon. 27 The hOlnestead la\v of 
1862 conferred benefits on actual settlers nearly equal 
to those of the donation la\v, though less in an1ount. 
The later arrivals in Oregon had only begun to avail 
themsel ves of .its pri vileges, \v hen the president again 
offered for sale, in October 1862, 400,000 acres, by 
,vhich act the public lands were telnporarily \vith- 
dra\vn froin preënlption and honlestead privileges, and 
preëluptors were forced to establish their claillls and 
pay the price of their lands iUlnlediately in order to 
secure them against the danger of being sold at auc- 
tion by the government. This was felt to be a hard- 
ship by Inany \vho had before the passage of the 
hon1estead la\v been glad to preën1pt, but \vho no\v 
\vere desirous of recalling their preënlption and clainl- 
ing under the hOlnestead act; especially as the 11lore 
honest and industrious had put all their n10ney into 
inlprovelllents, and could only n1eet the ne\v delnal1cl 
by borrowing I110ney at a high rate of interest. But 
as only about 13,500 acres \vere sold when offered, 


26 Land Off. Rept, 186!), 225. There were surveyed, up to June 1878, 
21,127,8G2; there remaining of unsurveyed public lands and Indian resen
a- 
tiOllS 3!),84!),498 acres. In the remainder was included the state swamp-lands, 
of which only a portion had been selected. U. S. ll. EJ..'. Doc., ix. 18, 45th 
congo 3d sess. Of the surveyed lauds, 13!),597 acres were either sold or 
taken under the homestead or timber-culture acts from June 30, 1877, to 
July 1, 1878. Ibid., 146-IGO. Dept Agric. Rept, 1874-5, 67; see also Zabris- 
kie's Public Land Laws of the United State.'i, containing instructions for ob- 
taining lands, and laws and decisions concerning lands, where are to be found 
many descriptions of the country, with the resources of the Pacific states, 
collected from official reports. San :Francisco, 1870. Compare U. So lI. Ex. 
Doc., i. pt 4, vol. iv., pt i., 32-6, 136-60, 290-319, 452-8, 504-8, 41st congo 
3d sess.; U. S. Sec. Int. Rept, pt i., 44, 58, 268-76, 42d congo 2d sess.; 
U. S. 1/. Ex. Doc., 170, X., 42d congo 2d sess.; U. S. Sec. Int. Rept, pt i. 
II, 16-17, 226-37, 2S0-!)9, 313-14; Salem JVillamette Farmer, Aug. 2, 1873; 
Salem Unionist, Dec. 17, 186G. 
27 The expenses of the year 1857, for surveying the public lands, were 
$11,74G.G6, and the returns from their sale, $13 J 233.82. Land Off. Rept, 
18J8 J 43-9. 



PUBLIC ROADS. 


651 


fe\v claims could have lapsed to the government, even 
if their preërnptions were not paid up. 
I t is not surprising that during the public surveys 
certain individuals should seize the opportunity to se- 
cure to thenlsel ves large bodies of land by appearing 
to assun1e necessary enterprises \vhich shoulJ only be 
undertaken by the governlnent; and it 111ight be ques- 
tioned \vhether the legislature had a proper regard to 
the interests of the state in encouraging such enter- 
prises. By an act of congress, approved July 2, 1864, 
there \vere granted to the state, to aid in the construc- 
tion of a military wagon-road from Eugene City across 
the Cascade l\fountains by the \vay of the rniddle 
fork of the Willamette, near Diamond peak, to the 
eastern boundary of the state, alternate sections of 
the public lands designated by odd nUlllbers, for three 
sections in width, on each side of said road. When 
the legi
ature rnet, two months after the passage of 
this act, it granted to \v hat called itself the Oregon 
Central l\filitary Road Conlpany all the lands and 
right of \vay already granted by congress, or that 
lnight be granted for that purpose; \vith no other pro- 
yi
Úon than that the lands should be applied exclu- 
sively to the conBtruction of the road, and that it 
should be and renlain free to the U. S. governruent as 
a rnilitary and post road. It \vas, ho\vever, enacted 
that the land should be sold in quantities not exceed- 
ing thirty sections at one tinle, on the completion of 
ten continuous n1Ïles of road, the saUle to be accepted 
by the governor, the sales to be nlade fron1 tilne to 
tilne until the road should be con1pleteJ, \vhich Inust 
be \vithin five years, or, failing, the land unsold to re- 
vert to the U ni ted States. 2H 
\Vhat first called up the idea ,vas the report of 
Dre\v on his O\vyhee reconnaissance in 18G4, sho\ving 
that a road rnight be Inade fron1 Fort I(latnath to the 


28 Or. Jour. Sen., 1864; Special Laws, 36-7; Jacksonville Seutillel, 
Iay 3, 
1864; Zabriskie'
 Lanú Laws, G3G-7. 



652 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 
O\vyhee nlining country at no great expense, and pass- 
ing through a region rich in grass, tinlber, Ininerals, 
and agricultural lands. The grant amounted to 1,920 
acres for each mile of road built, less the lands already 
settled on. The distance ,vas about 420 miles. Of 
this enormous grant, exceeding all granted to the 
state on its admission to the union by 150,000 acres, 
excepting the s\vall1p-lands, whose extent ,vas UIl- 
kno\vn, about one half, it was expected, would be 
available. At the minin1um price of $1.25 an acre, 
the one half would amount to $1,008,000. Along the 
first t\venty Iniles of the road, fron1 Eugene City to 
the Cascade l\fountains, the best lands \vere taken up; 
upon representing ,vhich to congress, other lands ,vere 
granted in lieu of those already claimed, to be selected 
from the public lands. The la\v allo\ved a prin}ary 
sale of thirty sections, or 19,200 acres, ,vith which to 
begin the survey, 'v hich land ,vas offered for sale in 
March 1865. With its own and the capital accruing 
frolH sales of land and stock, the cOlîlpany-consisting 
at first of seventeen incorporators 29 -pushed the road 
to the sumn1it of the Cascade l\Iountains in the 
autulnn of 1867. This was the 1110st difficult and ex- 
pensive portion of the \vork, and though by no 111eans 
,\\T hat a n1ili tary road should be, was accepted by the 
governor. It \vas never much used, and was ahnost 
entirely superseded in 1868 by a wagon-road frorn 
Ashland to the Klamath Basin, by the old Scott and 
Applegate pass of the Cascades, discovered in 184G. 
A fe,v n10nths after the act authorizing a road 
through their country, Huntington, superintendent of 
Indian affairs, succeeded in treating ,vith the I{Jalnath 
and 
Iodoc tribes, and a portion of the Shoshones, by 


29 'v. H. Hanchett, 11artin Blanding, A. 'V. Patterson, J. G. Gray, E. 
F. Skinner, Joel \\'are, D. 1\1. Risdon, S. Ellsworth, J, B. Underwood, A, S. 
Patterson, T. 
Iulhollan, Harvey Rmall, A, S. Powers, J. L. Bromley, J. H. 
:McClung, Henry Parsolls, and B, J. Pengra. Their capital stock was first 
$30,000, but subsequently rai
ed to $100.000; shares $
30 eal;h. For particu- 
lars, see Peugrf{'S Rept 0,'. C('ut, JJlilitary Road, a pamphlet of 63 pages, ad- 
vertising the enterprise and giving a description of the country. Eugn,e City 
JouTual, July 14, 21, 28, and Aug. 4, 11, I8öö; S. F. Bulletin, Sept. 20, 1865. 



RESERV ATIONS. 


653 



vhich a reservation ,vas set off, of a considerable ex- 
tent of country bet,veen the point 'v here any road 
crossing the lllountains near Dianlond peak must strike 
the plains at their eastern base and \Varner's l\Ioun- 
tain. The right of the governn1ent to layout roads 
through the reservation ,vas conceded by the Indians, 
but it ,vas not in conternplation that the governlnent 
should have the po,ver to grant any of the reserva- 
tion lands to any company constructing snch a road; 
the treaty having been made before the cornpany ,vas 
forilled. Nevertheless, as the survey of the reserva- 
tion lands proceeded, ,vhich ,vas urged for\vard to en- 
able the company to secure its lands, the odd sections 
along the line of the military road where it crossed the 
reservation \vere approved to the state to the extent of 
over 93,000 acres. The Indians, or their agents, held, 
very properly, that their lands, secured to theln by 
treaty previous to the survey of the n1Îlitary road, \vere 
not public lands fronl ,vhich the state or the con1pany 
could select; and also that the state \vould have no 
right to violate the conditions of the treaty by bring- 
ing settlers ,vithin the limits of the reservation. By 
an act amendatory of the first act granting the lands 
to the state, congress indernnified the state, and 
through the state the company, byallo,ving the defi- 
cit to be Inade up from other odd sections not reserved 
or appropriated \vithin six ll1iles on each side of the 
road. so The Oregon Central1\filitary Road Conlpany, 
after doing what ,vas necessary to secure their grant, 
and finding it inconvenient to be taxed as a pri vate 
corporation on so large an an10unt of property that had 
never been made greatly productive, sold its lands to 
the Pacific Land Company of San Francisco, in 1873, 
30 Ind. Aff. Rept, 1874, 75; Cong. Globe, 1866-67, pt iii., app. 179, 39th 
congo 2d sess. It would seem from the fact that in 1878-9 a biH was before 
congress asking for a float on public lands in exchange for those embraced 
within the reservation and claimed by the O. C. 1\1. R. Co., that the bill of 
18û6 was not intended to indemnify for these lands, though the language is 
such as to lead to that understanding. The bill of 1878-9 did not pass; and 
if the first is not an indemnity bill, then the Indian lands are in jeopardy. S. 
F. Chadwick, in Historical Correspondence, MS.; A8hland Tidings, 
'eb. 14, 
1879; S. F. Bulletin, July II, 1872. 



654 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 


and thus this lnagnificent gift to the state passed ,vith 
no adequate return into the hands of a foreign private 
corporation. 


In the matter of the swamp-Jands, nothing \vas 
done to secure then} during a period of ten years,
l it 
being held that the right to them had lapsed through 
neglect, and Gibbs having had enough to do to secure 
the other state lands. George L. Woods, who in 1866 
succeeded Gibbs as governor, made sonle further se- 
lections for school purposes. N ot all of his selections 
had been approved when, in 1870, L. F. Grover \vas 
elected governor. The agricultural-college lands \vhich 
had been selected in the Klanlath Lake basin had 
been declared not subject to private entry by the land- 
office at Roseburg, within \vhich district the lancls lay, 
and that office had refused to approve the selection. 
The Oregon delegation in congress procured the pas- 
sage of an act confirnling the selections already Inade 
by the state where the lists had been filed in the proper 
Jand-office, in all cases \v here they did not conflict 
with existing legal rights, and declaring that the re- 
Inainder n1Ìght be selected from any lands in the state 
subject to preën1ption or entry under the la \VS of the 
United States; \vith the qualification that \v here the 
lands were of a price fixed by la\v at the double 111ini- 
nlum of $2.50, such land should be counted as double 
the quantity towards satisfying the grant. This \
laS 
follo\ved by the establishment of another land-office, 
called the Linktor. district, in the Klarnath country, 
and the approval of the agricultural-college selections. 32 
The internal improvement grant 33 was also fully se- 


81 The legislature in 1870 memorialized congress for an extension of time 
for locating the salt-lands grant. Or. Juur. 8en, , 1870, 211; U. S. .J..llisc. Doc., 
20, i., 41st congo 3d sess.; but it was permitted to lapse. 
fessa[)e of Gov. 
Tha1/pr, 1882, 19. 
32 Grover's .L1Ie8Sa[)e, 18';2, p. 12-13; Congo Globr, 1871-2, app. 702; Zabris- 
kie's Land Laws, BUp. 1877, 27, 73. 
33 See Appendix to G01'ernor's .1JJes,çar/ e for 1872, which contains t.he official 
correspondence on the confirmation of the state lanùs, and is an interesting 
document; also Jackonsville Sentinel from Oct. 14 to Dec. 9, 1871. 



SW A
lP LANDS. 


655 


cured to the state during the administration of Gov- 
ernor Grover. 

"roln the time ,vhen the swamp-land grant \vas 
supposed to have lapsed through neglect, as decided 
by \Vhiteaker, and apparently coincided in by his suc- 
cessors, up to August 1871, no attention \vas given to 
the subject. Grover, ho\vever, gave the lnatter close 
scrutiny, and discovered that the same act \vhich re- 
quired the state to select the s\varnp-lands then sur- 
veyed \vithin t\VO years from the adjournrnent of the 
legislature next follo\ying the date of the act, and 
,vhich requirell1ent had been neglected, also declared 
that the land thereafter to be surveyed should be 
chosen \vithin t\VO years from the adjournment of the 
legislature next follo\ving a notice by the secretary of 
the interior to the governor that the surveys had been 
con1pleted and confirlned. No such notice having 
been given, the title of the state to the s\vamp-lands 
,vas held to be intact, and a con1plete grant and illde- 
feasible title \vere vested in the state by the previous 
acts of congress, \v hich could not be defeated by allY 
failure on the part of the United States to perforlll 
an official duty. The snlall an10unt of swalllP-lands 
surveyed in 1860, and \vhich \vere lost by neglect., 
could not much affect the grant should it never be re- 
covered. 
In pursuance of these vie\vs, the legislature of 1870 
passed an act providing for the selection and sale of 
the S\Van1p and overflowed lands of the state. 34 This 
act Inade it the duty of the land cOlllmissioner for 
Oregon, to wit, the governor, to appoint persons to 
nlake the selections of S\VaUlp and overflo\ved lands, 
and nlake returns to hirn, \V hen they \vould be nlapped, 


14 The first clause of this sentence is a quotation from a letter of Governor 
Grover to the secretary of the interior, dated Nov. 9, 1871, a year after the 
passage of the act, but only three months after ascertaining from \V. H. Odell, 
then surveyor-general and successor to E. L. Applegate, that no correspond- 
ence whatever was on file in the surveyor-gpneral's office concerning the 
Bwamp-lands. Therefore the legislature must ha\-e passed an act in pursu- 
ance of infonnation recei 'Ted nine months after its passage. See Or. Governor', 
Message, app., 1872, 21-32; Or. Laws, 1870, 54:-7. 



656 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 


described, and offered for sale at not less than one 
dollar per acre; t\venty per cent of the purchase 
money to be paid \vithin ninety days after the publi- 
cation of a notice of sale, and the remainder ,vhen the 
land had been reclaillled. Reclamation was defined 
to consist in cultivating on the land in question. for 
three consecutive years either grass, cereals, or vege- 
tables, on proof of which the renlainder of the purchase 
money could be paid, and a patent to the land ob- 
tained, provided the reclamation should be nlade within 
ten years. No actual survey was required, but only 
that the tract so purchased should be described by 
nletes and bounds; therefore, the t\venty per cent 
which constituted the first payment \vas a conjectural 
anlount. The la\v had other defects, which operated 
against the disposal of the lands to non-speculative 
purchasers who desired to obtain patents and have 
their titles settled at once. It was discovered, also, 
in the course of a few years, that draining the land, 
which the law required, destroyed its value. The 
la\v simply gave the opportunity to a certain class and 
nurnber of filen to possess themselves of large cattle- 
ranges without anything like adequate payment. 
The intention of the original s\vamp-Iand act of 
congress, passed September 28, 1850, was to enable a 
state subject to overflow from the l\fississippi River 
to construct levees and drain swalnp-lands. The 
benefits of this grant were afterwards extended to 
other states, including Oregon. But Oregon had no 
rivers requiring levees, and, strictly speaking, no 
s\vamp-]ands. It had, indeed, some smaII tracts of 
beaver-dam land, and some more extensive tracts sub- 
ject to annual overflow, on ,vhich the best of wild 
grasses gre\v spontaneously. To secure these over- 
flo\ved lands, together with others that were not sub- 
ject to inundation, but could be enlbraced in metes 
and bounds, ,vas the purpose of the franlers and friends 
of the swamp-land act of 1870 in the Oregon legisla- 



LAND SPECULATORS. 


657 
 


ture. 35 It \yas a flagrant abuse of the trust of the 
people conferred upon the IC;.:;islati ve body, and of the 
po\vers conferred upon the officers of the state by the 
constitution. 36 It \vas a telnptation to speculators, 
"Tho rapidly possessed thelllsel yes of extensive tracts, 
anlI enriched thenlselves at the expense of the state, 
besiùes retarding settleillent. 
O!
e effect of the s,vanlp-Iand act \vas to bring in 
confiict ,vith the speculators actual settlers ,vho had 
Bquattecl upon sonle unsurveyed portions of these 
land
, and cultivated thell1 under the hOlnestead law. 
I f it could be proved that the land settled on belonged 
to the state under the s\valnp-land act, the settler 
\vas liable to eviction. Wherever such a conflict ex- 
isted, appeal \vas had to the general land-office, the 
case \vas decided upon the evidence, and sOlnetinles 
\yorkcd a hardship, \vhich ,vas contrary to the spirit 
and intention of the governUlent in granting lands to 
the state. 
The legislature of 1872 urged the Oregon delega- 
tion to secure au early confirluation of tit]c, no patent, 
ho\vever, being required to give the state a title to 
,vhat it aL
olutely o,vned by la\v of congress. It also 
passed an act to provide for the sale of another clas
 


35 It was said that some of the members who took an active p:ut in the 
passage of the bill had prepared their notices and maps to sei

e the yaluable 
portions of the swamp-lands before ,.oting 011 it. Two members made out 
their maps covering the same ground, and it (lepended on precedence in filing 
notices who should secnre it. One of them called on the secretary after night- 
fall to file his notice and maps, but was told that the go'"eruor had not yet 
signed the hill, on 'which he retiretI, satisfied that on the morning he could 
repeat his application successfully. The bill was signed hy the go\.crnor that 
evening, aud his rinll, who was more persistent, inllnetliatcly presented his 
notice and maps, which being filed at once, secured the coveted land to him. 
Jack:'iOllville SClIfi1lcl, Dec. 16, 1871; SalTameuto Union. Jan. 13, 11)7:2. 
ce 
remarks on swamp-lands, in Gov. Chadwicl.,'s .J..1Ies.
a[J(', 18';8, 33-40. 
36 The board of swamp-land cOIPmi8sioners consisted of L, F. (frov('r, gov- 
f'rnor, S. F. Chaù'wick, secretary, L. Fleischner, treasurer, and T. H. Cann, 
clerk of the state land department, Section 6 of the s\\'"amp-Iand law ,Ie- 
dares that, 'as the state is likely to suffer loss hy further delay in taking pos- 
session of the swamp-lands within its limits, this act shall take effect and be 
ill force from and after its ap
roval by the gO\TernOl"; provided, that ill case 
the office of commissioner of lanlls is not crC'at('d by Jaw, the provisions of 
this act shall be executeå by the board of commissioncrs for the sale of school 
and university lanùs '-that is, the aLo\"e-llameù officers of the state. Ur. 
Laws, 1870, 56-7. 
ll1sT. OR,. VOL. II. 42 



658 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 
of overflo\ved lands on the sea-shore; and another 
act appropriating ten per cent of a.n moneys received 
froIH the sale of swanlp, overflowed, and tide lands to 
the school fund. 
The s\vamp-Iands which offered the greatest induce- 
ment to speculators \vere found in the Klalnath Lake 
baRin, 'v hich \vas partially surveyed in 1858. A re- 
survey in 1872 gave a greatly increased aillount of 
s,vanlp-land, and changed the character of the surveys 
111aterially.37 This was owing to a decision of the 
suprelne court of the U llited States, that the shores 
of navigable ,vaters, and the soils under them, \vere 
not granted by the constitution to the United States, 
but \vere reserved to the states respectively.s8 The 
an10unt selected and surveyed as swalnp-Iand in 1874 
\vas nearly 167,000 acres. In 1876 it ,vas over 300,- 
000, \vith a large alnount renlaining unsurveyed. A 
considerable proportion of these selections \vere n1ade 
in the Linkton district, about Lo\ver Klaluath, Tule 
Goose, and Clear lakes, and about the other nUlllerous 
lakes in south-eastern Oregon, and they led finally to 
the settling-up of that 'v hole region \vith stock-raisers, 
,vho, \vhen they have exhausted the natural grasses, 
,vill dispose of their iUllnense possessions to sn1all farlU- 
ers \vho ,v ill cultivate the soil after purchasing the 
lands at a considerable ad vance on the price paid by 
the present owners. 
As late as 1884, s\vindling schemes on a vast scale 
,vere still beirig attelnpted. 39 The history of the land 
grants 8ho\ys that the in tention of congress \vas to 
benefit the state, and encourage irnn1Îgration, but these 
benefits were all diverted, bringing incalculable injury 
to the cOll1illunity. Seldoln \vas a den)and of the 
legislature refused. 40 In 1864 congress passed an act 
3j Or. Laws, 1872, 129-33,220-2],128-9; U. S. Sen. lIfisc, Doc., 22,42<1 cong. 
3d 8ess; Portland UrefJonian, Jan. 27,1873; Rept Sec. [nt" 1873, 2?-3-3.3. 2J7-D3. 
38 See 01'. Legisl. Docs, 1
74, p. 17-18; S. P. Examiller,Oct. 18, 1874; Salem 
Me7'cury, Feb. 5, 1875; Albany State Rights Democrftt, Jan. 2
, 1875. 
i$9 See S. P. Chronicle, Feb. 29, 1884. 
40 In 1864 the U. S. senate com. 011 land grants refused a grant of land to 
construct a road from Portland to The Dalles. Ò'en. Com. Reptt 34, 38th cong. 
1st Beas. 



DONATIOX CLAIMS. 


659 


anlending the act of Septen1ber 27, 1850, comulonly 
called the donation law, so as to protect settlers \vlla 
had failed to file the required notice, and allowing 
them to Il1ake up their deficiencies in forn1er grants. 
A large ainount of land \vas taken up under this act. 41 
In the saIne manner the state \vas indeinnified for the 
school lands settled upon previous to the passage of 
the act donating the sixteenth and thirty-sixth sec- 
tions for the support of schools. In 1876 congre
s 
passed an act for the relief of tho
e persons whose 
donation claims had been taken \vithout conlpensation 
for rnilitary reservations, \vhich reservations ,vere 
after\vard 
bandoned as useless. The settlers \v ho 
had continued to reside on such lands were granted 
patents the sarne as if no interruption to their title 
had occurred. 
According to the act of adnlission, five per cent of 
the net proceeds of sales of an public lands lying \vithin 
the state \vhich should be sold after the admission of 
the state, after deducting the expenses incident to the 
sales, \vas granted to the st.ate for the construction of 
public roads and iluprovelnents. The first and only 
public illlproven1ent nlade ,vith this fund ,vas the con- 
struction of a canal and locks at the falls of the Wil- 
Jamette River opposite Oregon City, begun in 1870 
and completed in 1872. After this use of a portion of 
the public-improven1ent fund, the five-per-cent fund 
was diverted froln the uses indicated Ly la \Y, and by 
consent of congress converted to the c0111mon-school 
fund, to prevent its being appropriated to local 
chelnes 
of less iInportance to the state. 42 
41Zabriskie'8 Laml Laws, 636-7; Portland Or. llerald, Feb. 28, 1871; Sec. 
Int. Rf'pt, 77-86, 44th congo 1st sess. 
42 Or. Lft'll"s, 1870, 14; Governor's Alessagi', app" 1872, 73-4; Deady's 
Hist. Or., :M
., 52; PO'i'tland Standard, Jan. 7, 1881. The first embezzle- 
ment of public money in Oregon was from the five-per-cent fuud, amonnting 
to $3,424.23. The drafts were stolen by Sam. E. !\Iay, secretary of state, and 
applied to his own use. Or. Go'Verno'i"s ,jles8age, app., 79-113; JVood.s'Rt'col- 
lectiolls, 
lS., 7-9. It was this crime that brought ruin on Jesse Applegate, 
one of the bondsmen, whose }JOme was sold at forced sale in 1883, after long 
litigation. S. E. .May was a young man of good talents and fine personal ap- 
pearance, though with a skin as dark as his character" and which might 
easily have belonged to a mulatto or mestizo. 



660 . POLITICAL, INDUSTRIAL, AXD INSTITUTIONAL. 


The saIne disposition \vas lnade of the fund arising 
frolH the sale of the 500,000 acres to \vhich the 
tate 
,vas entitled on adn1Ï
sion, by the act of Septenl ber 4, 
1841. \Vhen the state ,vas organized, the fraluers of 
the constitution offered to take this grant in H(ldition 
to the c01l1nlon-schoollands, instead of for public iUl- 
provements; but on accepting the Oregon constitu- 
tion, congre
8 said nothing concerning this Inethod of 
appropriating the lands, trOlll \vhieh it \vas doubtful 
,vhcther the la\v of congress or the la\y of the state 
should govern in this case. But as the lanu:::; belDnged 
absolutely to the state, it ,vas finally decided to devote 
thelll to school purposes. 
By 1885 half of the 500,000-acre grant ,vas sold, 
and the ren1ainder, 1110St of ".hich ,vas in ea
terll Ore- 
gon, ,vas, S0111e tilue previous, offered at t,vo dollars 
an aere. 
"roln this, and the sale of the sixteenth and 
thirty-sixth sections, the five-per-cent fUllJ, nloney 
accruing' fron1 e
chea.ts, forfeitures, and all other 
sources provided by la\v, the school fund alnounted in 
1881 to about $600,000, \vhich ,vas loaned on real estate 
Recul'ity at ten per cent per annUlll. The nU111ber of 
acres actually appropriated hy congress for COllllllon 
schools allloullteo to 3,250,000, of \v hich about 500,- 
000 had been sold, the lllinilIlUJ11 price being $1.25 
an acre. 43 


The legislature of 1868 passed an act creating a 
hoard of conllnissioners for the location ()f the 90,000 
acres appropriated by congress for agricultural col- 
leges, and to e
taLlish such a college. By this act a 
school already exi:sting at the to\Vll of Corvallis \\-as 
adopted as the Agricultural College, in \vhi h Rtudcuts 
sent under the provision of the act should recei ve a 
.3 Portland Standm'd, Jan. 7, 1881. The fund does not seem proporticncd 
to tbe amount of land. At the lowest pricc fixed by law, the lauds sold must 
have aggregated S!J23,OOO up to the datc just mentioned. Out of this, after 
taking the cost of the canal anù locks at Oregon City, 
200,OOO, there would 
be a considerable amount to he accounted for more than should be credited to 
the account of eÀpenses. liut the figures are drawn from the Lest authority 
oLtainable. 



SCHOOL LANDS. 


661 


collegiate education in connection ,vith an agricultural 
one. Each state senator ,vas authorized to select one 
student, not le
s than sixteen years of age, ,vha 
should be entitled to t,vo years' tuition in this collcgè; 
anJ the president of the college ,vas perrnitteJ to Jra\v 
upon tho state treasurer for eleven dollars and t\venty- 
fi ve cents per quarter for each student so attending; 
the 111nney to be refunded out of the proceeds of the 
agricultural lands \vhen selected. 
rrhis ,vas done because the act of congress 111aking 
gran ts for the establishnlent of state colleges of 
a
ri('ulture required these schools to he in operat.ion 
in 1867. 1
he tilne ,vas subsequently extended five 
yearH. l\Iean \v hile the board of cOlnrnissioners, J oh n 
}-'. 
liller, I. H. Douthit, and J. C. Avery, proceeded 44 
to locate the agricultural-college lands, chiefly in 
Lake county. In 1881, 23,000 acres had been solJ 
at 
2.50 an acre, giving a fund of $60,000 for the sup- 
port of the agricultural departrnent of this school. 
Of the state-uni v'ersitv lands, about 16,000 acres re- 
nlained unsold in 1885 
f the 4h_000 acres belonging 
to this institution. This ren1ainder, loeated in the 
Vlilhunette Vallev, ,vas held at t,vo dollars an acre. 
An act locating the state university at Eugene City 
,vas pa
sed by the legislature of 1872. The people of 
l
ane county, in consideration of the location being 
made in their lllidst, 11lade a gift to the state of th
 
grounds necessary, and the building erected upon it, 


44 No building was erected, nor was the location of the college secured to 
Corvallis. By simply adopting the Corvallis institution as it stooù, a great 
difficulty was remO\-ed, and expense sayed, while the land grant was secured. 
Twenty-two students were entered in 1868. In 1871 the people of Benton co. 
presented 33 acrcs of lana to the college to make a farm, on which thc agdcul- 
tural students labored a short timc t'ach day of the school-week, reeeidllgcom- 
pen
ation therefor. 'Vheat anù fruit were cultivated 011 the farm; fertilizers 
are tested, and soils analyzed. Lectures are givcll on meteorology, botany, 
fruit-culture, chemistry, and assaying. The building was enlargeJ, and the 
apparatus incrcased from time to time, with collections of minerals. Thc farJll 
was valued at $:),000, the buildings at :0-:6,000. In ISiß about 100 students 
took the agricultural course, all of whom were requ:
..ed to perform a small 
amount of lahor on the farm, and to practise a military drill. The state 
makes an annual appropriation of $.3,000 toward the currcnt expenses of the 
college, lJppt AflJ'ic, Rept. 1871-2, 32.3; 1875, :
D7, 4D:2; Or. LalL'.
, 18G8, 
40-41; Or. Le!li.
l, Docs, 18iO, app, 1:!-16; Ur. Laws, 1872, 133-,); Goverll- 
or's .JleiJ8uye, 1872, 1
-13; PÚ1"tland JVClJt Shore, Oct, 1880. 



662 POLITICAL, INDUSTRIAL, A

 INSTITUTIO
AL. 
a[}]()unting in value to $52,000. The university school 
,vas opened in 1876, ,vhen the fund arising from the 
salo of its lands reached $75,000, nearly $10,000 of 
,,, 11Ïch stun arose from sales of the Oregon City clairn, 
previons to the legislative act ,vhich restored that prop- 
erty to the heirs of John l\lcLoughlin. 45 
r L'he land appropriated to the erection of public 
buiLlings having been an sold and the funds applied 
to these purposes, there relnained, in 1885, unsold of 
the 
tate lands of the above cla
ses SOlne three Hlil- 
.lion acres, then held at frolH $ L 25 to $2.50 an acre, 
besilles such of the s,valup-Iands as lllight revert to the 
state, the tide and overflo,ved lands of the sea-shore, 
and the salt-springs land. O\ving to the greater ease 
,vith ,vhieh the level lands were cultivated, the prairies 
,vere first seleeted., both by pri vate clailnants and 
go\' 0rnn)ent agellts. 46 The prineipal alllount of the 
state lands still unsold in 1885 \vere the brush lands 
of the foot-hill
 tl nJ ridges of ,vet'tern Oregon, the 
tiLlt bered lalld8 of the 111ountaius, allJ. the high taLle- 
lands of ea
tern Oregon, ,,,hicb, cOlnpared \vith the 
fertile and level valley land::; of the state, \vere once 
e::;teeilled cOlnparatively valueless. 
rhis, ho\vever, 
,vas a hasty conclusion. The brush lands, \vhen 
("leared., proved to be superior fruit lands; the high 
plateaus of eastern Oregon, o,ving to a clayey soil not 
f
nlnd in the valleys, produced excellent \vheat cropH, 
and the tiln bered lanJs ,vere prospecti vcly valuaLle 
for IUlnber. In fact, it becarne necessary for the gov- 
ernlIlcnt, in 1878, to ilHpose a fine of fi'Olll $100 to 
$1,000 for treHpa
sing on the forest lalld8, for their 
protection frotH lnilling cOlnpanies \vith no right to 
the tinlber. At the saIne tilHe the govcrnillent of.. 


45 Or. Laws, 1872, 47-53, 96-7; J\"a..<;lt's Or., 162; Victor's Or., 178. :Much 
information may be gleaned concerning the status of schools anù the conùition 
of the public funds from Or. School Land Sales Rept, 1872; Ur. Legi,.,l. Docs, 
1868, doc, 4, 41-;t 
46 I find the principal statements here set down collected by the clerk of 
the board of land commissioners, ß1. E. P. l\IcC'ormac, for the Portland Stan- 
dard, Jan. 7, 1881; A.sltlmzd Tidings, Jan. 29, 1877; Sac. Union, Ja:l. 13, 1872j 
s. 1/. Po
t, Sept. 9, 1873. 



CIVIL CODE. 


663 


fered to sen its till1ber, in tracts of 160 acres, at $2.50 
an acre; and lands containing stone quarries at the 
sanle price. The total nunlber of acres of tinlber in 
the state is estilllated at 761,000, or a little over 
thirty-one per cent of the whole area. 
As it becanle a kno\vn fact that the cultivation of 
tilnher tended to produce a nloisture \vhich was lack- 
ing in the climate and soil of the high central plains, 
congress passed an act by the provisions of \vhich a 
quarter-section of land nlight be taken up, and on a 
certain portion of it being planted with t.irnber, a pat- 
ent Blight be obtained to the \vhole. Under thi
 act, 
passed in 1873 and aUlended in 1874, bet\veen 18,000 
and 19,000 acres ,vere claimed in the year ending 
July 1, 1878, chiefly in eastern Oregon; while in the 
saIne year, under the homestead act, nearly 86,000 
acres were taken up,47 the \vhole alnount of govern- 
nlent land taken in Oregon in 1878 being 139,597 
acres. The rapid settle1nent of the country at this 
period, together with the absorption of the public 
lands by railroad grants, seems likely soon to terll1i- 
nate the possessory rights of the government in Ore- 
gon, the clainls of settlers still keeping in advance of 
the United States surveys. 
To the legislature of 1862 was subn1Ïtted a Code of 
Civil Procedure, with SOine general law's concerning 
corporations, partnerships, public roads, and other 
nlatters, prepared by a conl111ission consisting of 
Deady, Gibbs, and l{elly, which \vas accepted \vith 
some slight anlendll1ents; and an act \vas then passed 
authorizing Deady to complete the code and report 
at the next session. This was done, and the code 
conlpleted was accepted in 1864, but four nlenlbcrs 
voting against it on the final ballot, and they upon 
the ground of the absence of a provision prohibiting 


47 H. Ex. Doc., i., pt 5, 146-60, 45th congo 3d sess.; Victor' 8 Or., 98; 
Nash',,; Or., IG3; J..Vordhoff, N. Cal., 211; Dept Ayric. Rellt, 187.3, 331; Ash- 
land Tidin!J8, Nov. IG, 1877; Congo Globe, 1876-7, 137; 1877-8, 32. 



664 POLITICAL, INDUSTRIAL, AND INSTITUTIO
AL. 
persons other than white nlen from giving evidence 
in the courts. 
The subject of the equality of the races had not 
lost its inlportance. The legislature of 1862, accord.- 
ing to the spirit of the constitution of Oregon, 'v hich 
declared that the legislat.ive assenlbly should provide 
by penal codes for the reilloval of negroes and nlulat- 
toeH frolH the state, and for their effectual exclusion, 
enacted that each and every negro, ChinanJan, Ha- 
,val ian, and 111ulatto residing ,vithin tho linlits of the 
state should pay an annual poll-tax of five dollars, or 
failing to do so should be arreBted and put to ,vork 
upon the public high,vayat fifty cents a day until the 
tax and the expenses of the arrest and collection 
"'ere discharged. 48 
By the constitution of Oregon, Chinanlen not resi- 
dents of the state at the tinle of its adoption \Yére 
forever prohibited fr01l1 holding real estate or n1ining 
elainls therein. By several previous acts they had 
128n "taxed and protected" in ruining as a n1eans of 
revenue, the tax gro\ving more oppressive with each 
enactinent, and a
 the question of Chinese iUllnigra- 
tion 49 \vas lIlore discussed, the la\v of 1862 being in- 
tended to put a check upon it. All forn1er la\vs 
relating to rnining by the Chinese having been re- 
pealed by a general act in 1864, the legi
lature of 
1866 passed another, the general features of \yhich 
,vcre that no Chinanlen not born in the United 


480r. Gen. Laws, 1845, 64; OJ'. Code, 1862, app. 76-7. 
49 Since the Chinese question is presented at length in another portion of 
this work, it will not be consiJered in this })lacc, In Oregon, as in California, 
there was much discussion of the problem of the prob
ble effect of Chinese 
immigration and labor on the 
lfTairs of the 'western side of thc contincnt; and 
occasionally an outbreak against them occurred, though 110 riots of importance 
have taken place in this state. During the period of railway building they 
were imported in larger numbcrs than ever before. The Oregon ncw3papers 
ha\-e never e
Lrnestly entered into the arguments for and against Chinese im- 
migration, as the California papcrs have donc. The UJ', Deutsche ZeitUI/!! has 
published some articles in favoL' of it, and an occasional article in opposition 
has aI'peared in \'arious journals: but there hatl not been any violent agita- 
tion on the subject up to the year 1881. See Boi...U3 Statesman, April 20, ISG7; 
(Jr, Lf'!lisl, lJO('8, 1870, doc. II, 5-9; Or. Lmv.
, 1870, 103-3; Eugene City 
Juurnal. .March 14, 1868; S, Jt: Call. Oct. 21, 18G8; 11/c.JIi:mville Courier, 
Sept. 18, 18GB; S.lt: rpimes, Sept. 2, 18GB, Jan. 18, 18GU; Ur. Deutsc/t.eZeitung, 
July 17, ISG9. 



CHINA
IE
 AND NEGROES. 


66.3 


States should 111ine in Oregon, except by paying- four 
dollars per quarter, upon receiving a license fro1l1 the 
sberiff; failing in the paYlllcnt of \vhich the sheriff 
lllight seize and sell his property. Any person el11- 
ploying Chinanlen to \vork in the 111ines ,vas liaLlc for 
this tax on all so enlployed. Chinamen cOll1plying 
,vith the la\v should be protected the sarne as citizens 
of the U llited States; and t\venty per cent of such 
revenue should go to the state. 50 
\Vith the la\vs against negroes the hand of the gen- 
eral governUlent ,vas destined to interfere, first Ly the 
abolition of slavery in all U uited States territory, and 
finally \y hen citizenship and the right of suffrage \yere 
extended to the colored race. The resolution of con- 
gress providing for the arnendnlent to the constitution 
of the United States abolishing slavery ,vas pas
ed 
February 1, 1865. By the 23d of Septelnher seven- 
teen states had adopted the anlcndnlent. Secretary 
SC\' ard \vrote to Governor Gibbs asking for a decis- 
iou, to obtain ,vhich the legislature ,vas convened at 
Salen1 on the 5th of Decenlber 51 by a call of the 
60 Or. Law8, ISGG, 41-6. In IS01 the revenue to the state from the tax on 
Chinamen was $3:m. 23, collected in the counties of Jackson und Joscphinc; or 
a total of 
aO,7S.), which shows a mining population in those two counties of 
about DOO. VI'. JOUl.. IIouse, ISG2, ap. 03-6. 
51 This was the same elcctetl ill I
G-!, anù had heltl their regular session in 
September and Octobcr of that year. It consisted of the following mcmhcrs- 
Senate: Baker and Umatilla counties, James ßI. Pylc; Denton, A. G. Hovey; 
Coos, Curry, and Douglas, G. K Hinsdale; Clatsop, Colu:nhia, 'Ya
hington, 
and Tillamook, Thos R. Cornelius; Clackamas, H. \L EJ(ly; Douglas, James 
'Vatsol1; Jackson, Jacob 'Vagner; Josephine, C. .M. Caldwcll; Lane, C. E. 
Chrisman and S. B. Cranston; Linn, Bartlett Curl alld D. 'V. Ballai'll; ::Marion, 
John 'V. Grim and lVilliam Grecnwood; ilIultnomah, J. H. ßIitchell; Polk, 
John A. :Frazer; \Vasco, L. Donnel; Yamhill, Jod Palmer. 
House: Baker county, Samuel Colt and Daniel Chaplin; Benton, J. Quinn 
Thornton amI James Gingles; Coos amI Curry, Isaac Hacker; Clatsop, Co- 
hunbia, élnd Tillamoolc P. 'V. Gillette; Clackamas, :E. S. R. Fisher, H. 'V. 
Shipley, and Owen \Vade; Douglas, E. 'V. Otey, P. C. Parker, awl A. 
Ireland; Jackson, James J). Fay, T. F. Beall, and 'V. 
"'. Songer; Josephine, 
Isaac Cox; Lane
 G. Callison, J, B, Underwood, and A. l\1cCol'l1ack; Liun, 
Robert Glass, J. N. Pcrkins, J. P. Tate, and II. A. 1\IcCartl1ey; .:\læ'ion, I. 
R. }'Ioores, J. C, Cartwright, J. J. ßlurphy, amll!. L. Turner; .Ml1ltnomah, 
p, \Vasserman, L, H. 'Vakefield, and John Powell; Polk, James 
, Holman, 
C. Lafollet; Umatilla, L. F. Lanc; 'Vasco, A. .J. Borland; 'Yashiugtoll, 
'V. Bowlby and D. O. Quick; Yamhill, Geo. \\'. Lawson and H. 'Yarren. 
FJ.'he place of 'Vaùe was filled in lSG3 by Arthur 'Varner; the place of Lafol- 
h.t by Isaac Smith; the place of Hcnry \Varren by J. 
I. Pierce. BorlalHl 
was abscut, aud had no substitute. V,., Jour. /lou
e, 18t.H anù 18G.Jj Ur. Jour. 
Senate, 18U4; .J.VaÛonal Almanac, 18û4. 



666 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 
executive. The Inessag-e of Governor Gibbs ,vas dio-- 
nificd and argul1}entative in favor of the abolition 
f 
slavery. It \vas in}possible to get a unaniulous vote 
in favor of the n}easure, on account of the democratic 
InÐnlbers ,vho had been elected by the disunion ele- 
Inent. The arnenchnent ,vas, ho\vever, adopted, \vith 
only seven dissenting votes in both houses,52 by a joint 
resolution, on the 11 th of December, and the decision 
telegraphed to Washington. 
vVhen the fourteenth anlendnlent ,vas presented to 
another Oregon legislature in the follo\ving year, it ,vas 
adopted \vith even less debate, and the clauses of the 
constitution of Oregon ,vhich discrin1inated against 
the negro as a citizen of the state were thereby made 
nugatory. 53 


The relnainder of the political history of Oregon 
,viII be brief, and chiefly biographical. The republican 
party of the United States in 1864 again elected 
Abrahanl Lincoln to be president. Oregon's luajority 
\vas over fourteen hundred. A t the state election of 
this year J. H. D. Henderson 54 \vas elected repre- 


52Gibbs says, in his Notes on 01'. I-list., M'3., 2.3, that' every republican 
except one voted for it, and e,'ery democrat against it.' 
53 See Ur. Jom.. Senate, 18GG, :!3, 2G, 27, :31, 34, 33,56, 58, fil. The state 
senate ill 18ü6, in addition to Cranston, Cornelius, Donnell, Hinsdale, Pa
mcr, 
Pyle, anù 'Vatson, who held O\"er, consisted of the following newly elected 
members: Benton county, J. R. Bayley; Baker, S. Ison; Clackamas, \V. C. 
Johnson; Grant, L. O. Sterns; Linn, R. H. Crawford, \Villiam Cyrus; 
Lane, H. C. Huston; J\Iarion, Samuel Brown, J. C, Cartwright; J\Iultnomah, 
J. N. Dolph, David Powell; Polk, 'V. D. Jeffries; UmatilIa, N. Ford. 
House: Baker, A. C. Loring; Baker and Unbn, \V. C. Hindman; Benton, 
F. A, Chenoweth, Jam.es Gingles; Clackamas, J. D. Locey, J. D. Garrett, 'V. 
A. Starkweather; Clatsop, Columbia, and Tillamook, Cyrus Olney; Coos and 
Curry, F. G. Lockhart; Douglas, B. Herman, James Cole, 1\1. .M:. .l\:Iclvin;.Jack- 
son, E. D. }'oudraYJ Giles 'VeIles, John E. Ross; Josephine, Isaac Cox; 1\lnlt- 
llomah, 'V. 'V. Upton, A. Rosenhcim, J. P. Garlick, John S. \\'hite; :l\Iarion, 
J. I. O. Nicklin, 'V. E. Parris, C. B. Roland, B. A. \Vitzel, L. S. Da\'is; Po1k, 
J. Stouffer, J. J. Dempsey, 'Villiam Hall; Grant, Thos II. Brents, .M, 1\1. 
J\IcKean; Union, James Henùershott; Umatilla, T. 'V. Avery, H. A. Gehr; 
'Vasco, O. Humason, F. T. Dodge; Yamhill, J. Lamson, It. B. Laughlin; 
Lane, John 'Vhiteaker, J. E. P. 'Vithers, R. R. Cochl'an; Linn, E. B. :l\:Ioore, 
G. R. Helm, J. Q. A. Worth, J. R. South, \V. C. Baird; Washington, G. C. 
Day, A. Hinman. Or. Jour. ,""ennfe, 18ßG. 
54 Henderson was a Virginian aild a Cumberland presbyterian minister, a 
modest and sensible man of brains. He came to Oregon in 1831 or 1832, and 
resided at Eugene, where he was principal of an academy and clerk in the 
surveyor-general's office. Dead!J's 8cl'ap-Book, 77. 



DE
10CRAT8 AND REPUBLICANS. 


667 


sentative to congress; J. ]'. Gazley, George L. \V oods, 
and H. N. George, presiJential electors. The sen- 
ate chu
e George II. 'Villian)
 for the six years' tcrlll 
in the IT nited States senate, beginHing in l\Iarch 18G5. 
\Vith the close of the ,val' for the union the politi- 
cal elclucnts began gradually to reshape thelll:-;el ves, 
lllany of the union l )art y \vho haJ Leen Dou(fla
 dCll}ü- 
L 
 
Cl'at
 before the \var resurning their place in tho Jelllo- 
cl'atie ranks ,,,ben the danger of disunion ,vas past. To 
the returning aseendency of the deluocratic party the 
republicans contributed by contests for place alnung 
thclTIscl Yes. In 186G A. C. GiLbs and J. II. l\Ii tch- 
ell ,vcre both aspirants for the senatorship, but 
Gibbs received the IHHninat.ion in the caucus of the 
republican n1en1 bel's of the legislature. Opposed to 
hill1 ,vas Josepll S. SUlith, delnocratic nOluinec. The 
balloting ,vas long continued ,,,ithout an election, 
o,ving to the defection of three Ineillbers 'v hose v\)tes 
had been pledged. 'Tvhen it becanle apparent that 
no election could be had, the nan1e of 1 I. \V. Cor- 
bett ,vas 8ubstitued for that of Gibbs, anJ Corbett 
,vas elected on the sixteenth ballot. Corbett ,vas 
not HIuch kno\vn ill politics except as an unconditional 
union luan. P
rsonall.r he ,vas not objectionable. He 
labored for the credit of his state, and endeavored 
to sustain republican nleasures by introJucing and 
laboring for bills that prollloted publie iUlproveluents. 55 
In 18G8 the legi8lature had returned to sOlnething 
like its pre-rebellion status,56 passing a resolution in 
both houses requesting senators 'Villiams and Cor- 
bett to resign for having bupported the reconstruc- 
tion acts. 67 The senate of the United States returned 
the resolution to both houses of the Oregon lcgisla- 


55 Henry 'V. Corùett was born at Westboro, :Mass, , Feb. 18, 1827; received 
an academic education, and engaged in mercantile pur.mits, first in New York, 
and then in Portland in 1849, where he acquired a hant1some fortune. He 
was an ardent unionist from the first. COllg. Di,'cCt01'Y, 31, 40th congo 2d sess. 
56 There were 1:3 democrat
 antI !.) republicans in th3 senate, and 17 republi. 
cans and :
o democrats in the house. Camp's Year-BoJk, 18G9, 7,")8. 
57 See 'Villiams' speech of Feb. 4, 18G8; Or. Jour. lIou
e, 1868, 123-5; Or. 
Laws, 1868, 97-8. 



668 POLITICAL, INDUSTRIAL, AND IXSTITUTION AL. 


ture Ly a vote of 126 to 35. 58 'Villianls and his co]- 
league secured a grant of land for the construction of 
a railroad fr0111 Portland to the Central Pacific rail- 
road in California, for \v hich they received the plauùits 
of the people, and especially of southern Oregon. 
Vvhen the senatorial terrn of the fOr1l1er expirçd he 
,vas appointed attorney-general of the United States, 
and after\vard chief justice, but ,vithdre\v hiB n:une, 
and retired to pri vate ]ife in Portland. 
In 1806 George L. \V oods ,vas elected governor in 
oppositioll to J:unes I{. I{pl1'y. To avenge this injury 
to an old-line den1ocrat, the legislature of 1868 [,9 con- 
spired to pass a LiB redistricting the st.ate so as to 
increase the ucrl10cratic representation in certain sec- 
tions and decrease the republican representation in 


68 The resolution of censure just mentioned originated in the house. The 
scnate u.t t:lC samc session passed a resolution rescinding the action of t:lC 
le3i.;la)
ure of IßGG assenting to the fourtecnth amendment, which resolution 
\,-as adoptell by the house. Vr, Joltr. Senate, ] 8GS, 32-6. The act 'was one üf 
politic:l1 cnmi
y merely, as the le,3isla::'ure of ]8G3 hall no powcr to annul a 
compact cn
ercd into for the state by any previous legislatiye body, The 
SClm.;e of Orc,3'on assumcd, however, tllall any state had a. right to v;itllllraw 
l1
) to 'ClC moment of ratiJcation hy three fourths of all the states; and tha.t 
tIle states of Arkansas, Florida, Louisiana, Alabama, 
outh Carolina, anù 
Gcorg:a. wcre created by a military despotism against the will of the lcgal 
voters ûf thosc states, and consequcntly that the ac:s of their lcgislaturcs 
were not lega.l, and di,ll1ot ratify the fourtcenth amcndmcnt. The secre
ary 
of state for Ol'egoìl was dit'ected ta forwanl certiíìcd cO
1ics of the resolution 
to the p:.csitlenc anù sccretary, and hoth houses of congress, nut Ilotbiag 
appears i:l the procccdings of either to show that the document m-er rcached 
ii:s dcstinatioll. 
()\J Senate: Bakcr county, S. IsoB; 'Vashington, Columbia., Clatsop, and 
F]'iEamook, T. H. Cornelius; Bcnton, .J. R. Baylcy; umatilla, N. Ford; 
Clacbuna.s, 1>. P. Thompson; Un:on, J
:mes Hcndershott; Douglas, Coos, 
and Curry, B. Herman, (I, M. Pershbakcr; Jo:sephinc, B. F. Holtzclaw; 
Yamhi.l, :-;. C. Ad:lms; Jackson, J. N. T. )'liller; Lane, H. C. Huston, R. U. 
Coc
lran; Linn, '\"m Cyrus, R. II, Crawford; Marion, Samuel 
Iiller, 
am- 
uel Brown; 
IultnomalI, Lamdn3 Rtout; Polk, B, F. Bure!l, prcsilJent. 
House: Baker, n, Becrs; Denton, J. (J, Alexamler, R. Â.. ncnsaI; Baker 
and Cniou, D. R. Benson; Clackamas, J. 'V. Garrett, D. P. Tra
lingcr; 
Coos 
nd Curry, llicha1'll PCl1l1er

ast; C
lumbia, Ulatsop, and TillamoJk, \V. 
D. l-Io;
ter; Douglas, Juhn G. Flook, Jamcs F. Gazlcy, Jamcs Applegate; 
Grant, It. "T. Xcal, Thomas E, Gray; Jackson, J. D. \Vhite, Thomas Hmith, 
J. L. Loullcn; Josephine, Isaac Co:
; Lane, John \Vhiteakcr, II. H. GiIfrey, 
E. N. Tandy; I....inn, John T. Crooks, John Bryant, B. B. Johnson, ,,
. F. 
Alcxand('r, T. J. Stites; :l\larion, John F, Denny, J. 13, Lichtenthaler, T. ,Yo 
Davcnport, John 
linto, David Simpson; 
IultnoU1ah, 'V. 'V. Chapman, T. 
A. Davis, Jamcs Powcll, J. :-;. Scog

ins; Polk, It. J, Grant, .F. \Vaymirc, 
Ira. S. Townsend; Umatilla, A. L. Kirk; Union, H. Rhinehart; \Vaseo, D. 
"T. Butler, Gcm'b e J. I
yan; \Vashington, John A. TaylOl', Edward Jackson; 
Yamhill, 'V, 'V. Bl'Own, G. Y{. Burnctt; speakcr, John '\Vhiteaker. Or. 
Jour. Senate, 18G8, 4-,); Ur. Jour. 1101u;e, 18G8, 4-,). 



LEGISLATURE AND ELECTIO
S. 


669 


others, having for its object the election of a denlo- 
cratic United States senator in 18ïO; and further, to 
recount the gubernatorial vote of 18GG, to count out 
"T ooòs and place ICelly in the oflìce of governor. 
This return to the practices of the 'political zouave
' 
of the days of the Saleni clique, an10unting in this 
case to revolution, ,va
 th\varted Ly the republican 
lllillority uudor the direction of 'V oods. In order to 
carry their points, the dcu10crats endeayoreò to p1'O- 
]ong the session beyond the constitutional forty days, 
by defcrrÎ ng the general appropriation bill, and did so 
prolong it to the forty-third day, ,vhen fifteen rèpub- 
licans resigned in a body, leaving the house \vithout 
a quorUl1l, and unable to pass oven a Lill to pay their 
per dienJ. In this dilelnn)a, they dClnandcd tbat the 
governor should issue ,vl'its of election to 111ake a 
quorulll; but this \vas refused as unconstitutional after 
tho forty days ,vere passed, and the house, ,vithout 
the po\ver even to adjourn, foll in pieces. 6J 
The representative to congress elected in 18GG ,vas 
Rufus :ßIallory, republican, ,vho defeated his opponent, 
J allIes D. Fay, by a luajority of six hundred. 61 
In 1868 the rcpuLlican candidate, Davi,l Logan, 
,vas beaten Ly Joseph S. Sn1Ïth, ,vhoHe 11lajority \Va8 
nearly t\\-el ve hundred,62 o\ying partly to the unpop- 
ular stanùing of Logan even \vith his o,vn party,63 as 


60 Or. Jour, IIo1lse, 18G8, 527-54; JVÓocl's Rrcollectìon!;;, 1\18., 3.3-8. 
61 Rufus 
lallory was a native of Coventry, N. Y., born January 10, 18:11. 
He receÏ\'cd an academic education, and s
udied and practise(llaw. He was 
<list atty in the 1st juù. dist in OrC'gon in 18GO, and in the :
d j ud. dist from 
IGG2 to ISGG; and was a memlJer of the sta.
e leg. in 1802. ('on!J}"('8.
. DiI.reto]'y, 
43th congo 2d sess., p. 31. James D. Fay married a ùaughter of Jesse Applc- 
g
te. His habits were Lad, and he COllllllitteJ suicide at Coos Bay. He was 
talented, crratic, and unprinciplcd. 
62 Smith came to Oreóon in 1847, amI preached as a minister of the mcth- 
oùist church. After the gold discoveries awl the change in the eOllllitioll of 
t
lC country, he ahandoned preaching amI cngaged ill thc practice of law ill 
18.)
. He was in 18G4 agcnt for the Salem 
lanufacturing Company, in 
which he was a large stockholùer. He is deserihe<l as a l"C'scl"\"ed man, not 
mnch rcad in elementary law, but an acute reasoner and subtle disputant. 
Dm(/!I','1 Saap-flooJ..', 81. 
(;3 Thc feùcral officers in Oregon in 18G8 were: district juùge, :Matthew P. 
Deady; marshal, AlLert Zeiber; clerk, Ralplt 'Vilcox; collector of the port 
of Astoria, Alansoll Hinman; SJ.lr,"eyor-general, Elisha Applegate; register of 
l.a.nù-Qfi.ke, Roseburg, John Kelly (A. l
. Flint, recci,-er); register, Oregou 



670 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 
was shown by the presidential vote in the fol1owing 
N ovenlber, \vhich gave a democratic l11ajority of only 
160 for presidential electors out of 22,000 votes cast 
bv the state. 
"In 1870 L. F. Grover, ,vho ever since 1864 had 
been president of the delnocratic organization of the 
state, ,vas elected governor of Oregon, with S. F. 
Chad\vick as secretary.64 
The legislature of 1870, folIo\ying the example of 
its inl1llediate predecessor, rejected the fifteenth arnend- 
nlent to the constitution of the United States, which 
ex tended the electi V6 franchise to negroes. The lllan- 
ner of the rejection was sinlilar to that of the rescind- 
ing resolutiJns of 1868, and like theIn, a n1ere in1po- 
tent expression of the rebellious sentiments of the 
ultra-dell1ocratic party in Oregon. 6j It had no effect 
to prevent negroes in Oregon from voting, of \v hOlll 
there were at this tin1e less than 350. I t also, in 
obedience to party governnlent, provided for the ap- 
pointn1ent of three cOlnnlissioners to investigate the 
official conduct of the state officers of the previous ad- 
111inistration, succeeding in di:scovering a defaJcation 
by Secretary 
Iay of several thousand dollars,66 


City, Owen 'Vade (Henry 'Varren, receiyer); supt Ind. aff., J. ,V. P. 
Huntington; chief clerk Ind. dept, C. S. \V oodworth; assessor into rev., Thomas 
Frazar; collector into rev., l\ledorum Crawforù; deputy assessor, \VïllÍ<À.1I1 
Grooms; deputy col., Edwin llackenstos. 
The district judges of the supreme eourt of Oregon at this time, beginning 
with the northern dis
riets, were: 4th <list, \V. 'V. Upton; 5th dist, J. H. 
'Vi
son (east of the Cascade mts); 3d dist, R. P. Boise; 2d dist, A. A. 
Skinner; 1st ùist, P. 1:>. Prim. The dist attys in the same order were 

l. F. :Mulkey, James H. Slater, P. C. SullÏ\-an, J. F. ".atson, J. R. Neil. 
ltlcCormick's Portland Dir., lSUS, 109; Camp'.'l Year-Book, I8U9, 434. 
6! L. Fleischner was elected treasurer, n. P. Boise was rcë!ected judge, 
_ and A. J. Thayer and L. L. :McArthur to succeed Skinner and \Vilson. Id., 
app. II. 
6;) (h'. Laws, 1870,' ]90-1; Sen. Ali8f'. Doc.
, 56, 41st congo 3d sess.; Gov. 

[e.'l
arJe, in OJ". LprJi.
. Dots, 1870, doc. 11, p, 9. 
66 The investigation lasted a year, at $j per day each to the commissioners 
for the time necessarily employed in making the investigation. They brought 
iu a report against l\lay, and also some absurd charges that the governor had 
made more visits to the penitentiary than his duty required, at the expense 
of the state, with other insignificant matters. They disco\'ered th..tt C. A. 
Reed, the adjutant-general of the militia organization, had purchased two gold 
pens, not ntcdeù, his office being abolishc(l by the same body which com- 
missioned them, at an expense of $1.; a da.y, to discover these two pens. 
Legislative assemhly of lSíO-Senate: Baker county, A. H. Brownj 



FINANCES. 


671 


tIlrough ell1bezzlen1ent of the five-per-cent fund before 
nlentioned. 
vVhen Governor Grover canle into office he found 
the treasury containing sufficient funds, less SOllle 
$6,000, to defray the expenses of the state's affairs for 
the next t\VO years. The legislature at once Blade an 
appropriation to build the penitentiary in a perillanent 
forin, and appropriated nloney fronl the five-per-ceut 
fund for the construction of a stealnboat canal \\'ith 
locks, at the falls of the \Villalnette. A slnall amount 
,yas also devoted to the organization of the agricultu- 
ral college, thereby securing the land grant belonging 
to it. 
rhe legislature of ] 872 passed an act provid- 
ing for the construction of a state capitol, and appro- 
priated $100,000 to be set apart by the treasurer, 
to be designated as the state-house building funll; but 
for the purpose of providing funds for illHuediate use, 
the treasurer \vas aut.horized to transfer $50,000 fron1 
the soldiers' -bounty fund to the building fund, that 
the ,vork might be begun without delay. The sarne 
legislature passed an act organizing and locating the 
state university at Eugene City, on condition that a 
site and building \vere furnished by the U nioH U ni- 


Douglas, L. F. 
fosher; Coos and Curry, C. M. Pershbaker; Jackson 
Jamcs D. Fay; Josephine, B. F. Holtzclaw; Lane, A. 'V. Patterson, R. 
B. Cochran; Linn, Enoch Hoult, R. H. Crawford; Marion, S:llnucl Brown, 
John II. .l\Ioores; l\IuV
nomah, Lansing Stout, Dayid Powell; Clackamas, D. 
P. Thompson; Polk, B. F. Burch; Grant, J. \V. Baldwin; Umatilla, T. T. 
Lieuallcn; Union, J. Hcndershott; \Vasco, Victor Trevitt; \Vashington, Co- 
lumbia, Clatsop, and Tillamook, T. R. Conlelius; Yamhill, \V. T. Ncwby; 
Benton, R. S. ::5trahan. President, James D. Fay; clerks, Syl. C. Simp
oll 
and Orlando 
I. Packard. 
House: Baker, H, Porter; Baker and Union, J. R. l\IcLain; Benton, D. 
Carlisle, 'V. R, Calloway; Clackamas. Peter Paquet, \V. A. Starkwcather, J. 
T. Apperson; Clatsop, Volumbia, and Tillamook, Cyrus Olney; Coos and 
Curry, F. G. Lockhart; Douglas, JamosC. Hutchinson, C. M:. Caldwell, J. C. 
Drain; Grant, J. M. :McCoy, W. H. Clark; Jackson, Jacksoll Rader, James 
'VeIls, A. J. Burnett; Lane, John \Vhiteaker, G. B. Dorris, Jamcs F. Amis; 
Linn, 'V. :F. Alexander, G. R. Helm, Thomas :Munkers, John Ostrander, \Y. 
S, Elkins; :l\Iarion, T. 'Y. Davenport, H.. P. Earhart, J. 1\1. Han-ison, (;. P. 
Holman, \V. R. Dunbar; 
Iultnomah, J. 'V. \Vhailey, Dan. O'Regan, L. P. 
'V. Quimby, John C. Carson; Polk, B. Hayden, R, J. Grant, ,Yo Comegys; 
Unioll, J. T. Hunter; Umatilla, Johnson Thompson, 
.,. A. Da. SheiIl; \Vash- 
ingtOl1, 'V. D. Hare, \V. A, .Mills; Wasco, James Fulton, O. S. Savage; 
Yamhill, AI. Hussey, Lee Loughlin. Spcaker, Ben Hayden; clerks, E. 
. 

lcComas, John Costello, ,Yo L. \Vhite. and John T. Crooks. Or. Jou'". Sen- 
ate, 1870, 4-6, 13; J)irectory Pac. Coust, 1871-3, 111. 



672 POLITICAL, INDUSTRIAL, AXD INSTITUTIONAL. 


versit
... Association; and setting apart the interest on 
the fund arising frorn the sale of seventy-t,vo sections 
of land donated to the state for the support of the 
university for the paynlellt of the salaries of teachers 
and officers. 
These ,vere all measures important to the ,velfare 
and dignity of the state, and ga,Te to Grover's adu1Ïn- 
i:--;tration the credit of having the interests of the peo- 
ple at heart. An agricultural college \vas established 
Ly 8illlply paying for the tuition of t,venty-three pu- 
pils at an ordillary acadenlY, at ordinary acadeu1Y 
charges. 67 A university ,va
 e
tablished, Ly requiring 
the to\vn 'v here jt 'vas located to furnish a site and a 
building, and paying the faculty out of the university 
fund. The 
Iodoc \var, also, ,vhich occurred during 
Grover'
 terrn of office, added SOlTIe con
equellce to 
his achninistration, ,vhich, excepting that of Governor 
Gibbs, 'vas the n10st busy, for good or evil, of any 
\vhich had occurred in the history of the state. In 
1874 Grover ,vas reëlected, over J. C. Tolman, repub- 
lican, and T. F. Calnpbell, independent. 63 
In 1872 the republicans in the legislature elected 
John H. l\Iitchell to succeed Corbett in the U. S. 
senate. He served the state ably.(j9 


(;7 Or. Governor's ltf(J.ç.r;age, 1872, 3-10; 0'/.. Laws, 1872, 47-53; G'J"'OVf7.'S 
Pub. Life in Or., 
lS., 72, 
68 Grovel"'s opponent in 1870 was Joel Palmer, wbo was not fitteù for the 
positiou, being past his prime. In 1874 Grover's majority over Tolll
an was 
530. Campbell simply divided the ,-ote, and was beaten by 3,181. He was 
a preacher of the christian church, and president of 
Ionmouth college, of 
'which he was also the founùer, and which became a prosperous school. 
69 
1itcbell "yas Lorn in J>enn. June 22, 18;
.), receiving a fair etlucation, 
and studying l3.w, which he practised in his native state. Appearing in Ore- 
gon in 18G0, at the moment when hi::; talents and active loyalty could be maùe 
:.wailable, be rapidly rose in favor with his party, and was appointed prose- 
cuting attorney for the 4th judo dist, in place of 'V. 'V. l>age, resigned, but 
declined. and ill 18G4 was electNl state senator. From this time he was :1. 
leadcr Ï1
 politics, and a favorite among men, having many pleasing perso!lal 
qualities. After having been chosen senator, a scandal was discoyered winch 
dismayed the republicans and gave the indepf'ndents that which thcy desired, 
a strong leverage against the old party, whi
h was split ill consequencc, the 
breach made being so violent that at the next senatorial election they lost 
the battle to the democrats, .Mitchell was not unseated, however, as hatl 
lJeen hoped. At the expiration of his term he resumed the practice of tI
e 
law, first in 'Vashington city, and later ill Portland, where he achieve,l Ills 
first political honors, and where the field is open to talent to ùistinguish itself. 



PECULATIONS. 


673 


On t,he meeting of the legislature of 1876, there 
being a United States senator to be elected, the choice 
lay bet,veen Jesse Applegate and Grover. 
rhe first 
baHot in the senate gave L
pplegate seven and Grover 
t\ycnty votes, with t\VO yotes scattering. The first 
ballot in the house gave t\venty-seven for Applegate 
and t\venty-five for Grover, \vith seven for J. VV. 
Nesmith. In joint convention Nesmith received on 
SOIne ballots as nlany as fourteen votes. But the 
delnocrats \vere chiefly united on Grover and the re- 
publicans on Applegate; and at length the friends of 
N esnJith gave ,yay, that the candidate of their party 
nlight succeed, and Grover's vote rose frorn forty-t\vO 
to forty-eight, by \vhich he was elected. In Febru- 
ary 1877 he resigned the office of governor, and tùok 
his place in the U. S. senate,1o S. F. Chad\vick suc- 
ceeding to the gubernatorial office. 


In the mean time there was a growing uneasiness 
in the public nlind, arising froln the conviction that 
there \vas either n1ÍslIlanagenlent or fraud, or both, in 
the state, land, and other departluents, and the legis- 
lature of 1878 appointed a joint committee to exaluine 
into the transactions of the various offices and de- 
partments of the state governnlent. The con1n1Ïssion 
published its report, and the ilnpression got abroad 
that a systenl of peculation had been carried on fijf 
SOIne tinJe past, in which serious charges were made; 
but not\vithstanding the nunlerous accusations against 
the several state officials, there was not sufficient evi- 
dence to prove that moneys had Leen illegally ùra\vn 
frorn the public funds. Nevertheless, the adnliniötra- 
tion suffered in reputation in consequence of the re- 
port. The scandal created was doubtless tinged by 
partisan spirit, more or less. The improvenlent in 
the affair:3 of the government was substantial and 
noteworthy, and at a later date credit was not un- 
7
 See Sen. Oom. Rept, 536, 548, 561, 627, 678, 44th congo 2tl Bess.; also, 
Proceedillg.
 of tlte Electoral Commi8sion, and Gong. Globe, 1876-7, 74-5, 209-10, 
app. 132, ]88, 192; Portland Oregonian, Jan. 27, 1977. 
HIST. OR., VOL. II. 43 



674 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 


willingly conceded to the adn1Ïnistration, the course 
of ,vhich had been ten1porarily clouded by hurtful 
though unsubstantiated cOlTIplaints.71 
The elevation of Grover to the U. S. senate left 
Stephen F. Chad\vick in the gubernatorial chair, ,vhich 
he fined without cause for dissa.tisfaction during the 
ren1ainder of the terlll. During Chad,vick's adn1inis- 
tration eastern Oregon was visited by an Indian ,var. 
During this interval the depredations caused were 
very severe, and the loss to the white settlers of prop- 
erty ,vas imnlense, a full history of which will be in- 
cluded in those described in my History of tVashington, 
Idaho, and .L
Iontana. 


One by one the former democratic aspirants for 
place reached the goal of their desires. Joseph S. 
Snlith ,vas succeeded in congress by James H. Slater, 
'v ho during the period of the rebellion ,vas editor of 
the Corvallis Unz.on, a paper that, not\vithstanding 
its nalTIe, ad vacated disunion so as to bring itself 
under the notice of the governn1ent, by whose author- 
ity it ,vas suppressed. i2 
The successor of Slater ,vas Joseph G. Wilson,73 
'v ho died at the summer recess of congress in 1873. 
A special election chose J. W. Nesmith to fill the 
vacancy, who, though a democratic leader, bad es- 
che,ved some of the practices of his party, if not the 


7] For a report of the proceedings of the investigating committee, see Or. 
Legist. Docs, 1878; Portland Ure!Jonian, Dec. 30, 1878. 
72 James H, Slater was a native of Ill., born in 1827. He came to Cal. in 
1849, and thenct: to Oregon in 1850, residing near Corvallis, where he taught 
school and studied law, the practice of which he commenced in 18.')8, He 
was elected to the legislature several times. He removed to eastern Oregon 
in 1862, engaging in mining for a time, but finally settled at La Granùe. A.<.;h- 
land Tidiugs, Sept. 20, 1878. 
73 'Vilson was horn in New Hampshire Dec. 13, 1826, the son of a dissent- 
ing Scotch presbyterian, who settled in Londonderry in 1716. His parents 
removed to Cincinnati in 1826, settling afterward near Reading, Joseph 
recehTing his education at Marietta college, from which he graduated wIth 
the degree of LL. D. He entered the Cincinnati law school, from which he 
graduated in 1832 and went to Oregon. He rose step by step to ve congress- 
man. His wife was Elizabeth :Millar, daughter of Rev. James P. :Millar of 
Albany, a talented and cultivated lady, who, after her husband's untimely 
death, received a commission as postmaster at The Dalles, which she held 
for mauy yt:ars. 



COKGRESS!\IAN AND GOVERXOR. 


675 


love of office. His majority ,vas nearly 2,000 over 
his opponent, Hiram Smith. He ,vas in turn suc-: 
ceeded by George La DO\V,74 a man little kno\vn in 
the state, and \V ho ,vould not have received the nom- 
ination but for the course of the Oregonian in D1aking 
a division in the republican ranks and running Rich- 
ard \Villian1s, ,vhile the regular party ran T. 'V. 
Davenport. The vacancy causpd by the death of La' 
Do\v ,vas filled by La Fayette Lane, specially elected 
October 25, 1875. At the next regular election, in 
1876, Richard vVilliams 75 received a nlajority of votes 
for representative to congress, serving from 
Iarch 
1877 to 
Iarch 1879. He "Tas succeeded byex-Q-ov-" 
ernor John vVhiteaker, democrat, and he by 1\1. C. 
George, republican, who has been returned the sec- 
ond time. 
In 1878 the repubJicans again lost their choice for 
governor by division, and C. C. Beeknlan \vas defeated 
by W. W. Thayer,ï6 ,vho was follo\ved by Z. F. 
}'Ioody 77 in 1882. The U. S. senator elected in 1882, 


7fGeorge A. La Dow was born in Cayuga-co., N. Y., 
Iarch 18, 1826. His 
father emigrated to Ill. 1839, whero George was educated for the practice of 
law. Subsequently settling in \Visconsin, he was elected dist atty for "Tau_. 
paca co. In 1b69 he came to Oregon and settled in Umatilla co., being elected 
representative in ] 872. S. P. Examiner, in Salem Statesman, .June 13, ]874. .. 
75 Richard \Yilliams was a son of Elijah \Villiams, a pioneer. He was a ' 
young man of irreproachable character and good talents, a lawyer by profes- 
sion, 'who had been appointed dist uttJr in 18G7. S. F. Call, :r.larch 24, 1867. 
i6 \V. \V. Thayer, a brother of A. J. Thayer, was born at Lima, N. Y., 
July 15, 1827. He received a common-school education, and studied law, 
being admitted to the bar by the sup. ct at Rochester, in 
larch 1831. He 
subsequently practised at Tonawanda and Buffalo, untillt)ô2. when he came 
tú Oregon, intending to settle at COf\Tallis. The mining excitement of I t;G:J 
drew him to Idaho; he remained at Lewiston till 1867, when he returned to 
Oregon and settled in East Portland, forming a law partnership with Richar.l 
\Villiams. He was a member of the Idaho legislature in 18G(3, and was also 
dist atty of the 3d judo dist. During his administration as governor, the 
state debt, which had accumulated under the preyious admini
tration, was 
})aid, and the financial condition of the state rendered sound and healthy. 
The insane asylum was commenced with Thayer as one of a hoard of com- 
missioners, and was about completed when his term expired. It is an impos- . 
ing hrick structure. capable of accommodating 400 or 500. 
77 Zenas Ferry Moody was a republican of New England and rev01utionary 
stock. and has not been without pioneer experiences, coming to Oregon in 
1831. ae was one of the first U. S. surveying party which established the 
initial point of the \Villamette meridian, and continued two years in the sel'- . 
vice. In 1853 he settled in Brownsville, and married Miss 
Iary Rtephenson, 
their children being four SOlIS and one daughter. III 18íJ6 he was appointed P 



676 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 
after a severe and prolonged contest bet\veen the 
friends of J. H. 1\fitcheII and the democracy, uniting 
,,'ith the independents, was Joseph N. Dolph,78 
l\fitchell's former partner and friend. 
The time has not yet come, though it is close at 
hand, when Oregon-born men shall fill the offices of 
state, and represent their country in the halls of the 
national legislature. Then the product of the civili- 
zation founded bv their sires in the renlotest section 
of the national t;rritory \vill become apparent. Sec- 
t.ionalisnl, \vhich troubled their fathers, will have dis- 
appeared with hostility to British influences. HOlno- 
geneity and harn10ny ,vill have replaced the feuqs 
of the formative period of the state's existence. A 
higher degree of education ,vill have led to a purer 
conception of public duty. IIon1e-bred Inen \vill repel 
adventurers from other states, ,vho have at heart no 
interests but their individual benefits. 
When that period of progress shall have been 
reached, if Oregon shall be found able to "\vithstand 
the temptations of too great wealth in her nlorals, and 
the oppressiveness of large foreign monopolies in her 
business, she \vill be able fully to realize the n10st 
sanguine expectations of those lnen of destiny, the 
Oregon Pioneers. 


inspector of U. S. surveys in Cal., afterward residing for some time in TIl, 
but returning to The Dalles in ]862. The country being in a state of rapid 
development on account of the mining discoveries in the eastern part of the 
state and in Idaho, he established himself at U matilla, where he remained in 
Lusiness for three years. In the spring of 1866 he built the steamer },[ary 
.Aloody on Pend d'Oreille Lake, and afterward aided in organizing the Oregon 
and :l\Iontana Transportation Company, whiçh built two other steamboats, 
and improved the portages. In 1867 he was merchandising in Boisé City, re- 
turning to The Dalles in 1869, where he took charge of the business of 'V ells, 
Fargo & Co. At a later period he was a mail contractor, and ever a busy and 
earnest man. He was ejected in 1872 to the state senate, and in 1880 to the 
lower house, being chosen speaker. In 1882 he was nominated for governor, 
and elected over Joseph H. Smith by a majority of 1,452 votes. Representa. 
live ß/en of Or., I-Ill. 
'i8Dolph was born in 1835, in N. Y., and educated at Genessee college, 
after which he studied law. He came to Oregon in 1862, where his talents 
800n made him prominent in his profession, and secured him a lucrati ve prac. 
tice. He married, in 1864, a daughter of Johnson Mulkey, a pioneer of 1847, 
by whom he had 6 children. At the time of his election he was attorney for 
and vice-president of the Northern Pacific railroad. 



CHURCHES AND CHURCH SCHOOL
, 


THE early history of the Methodist Church is the history of the first 
American colonization, and has been fully gh'en in a former volume; but a 
sketch of the Oregon methodist episcopal church proper must begin at a later 
date. From 1844 to 1853 the principal busiuess transactions of the church 
were at the yearly meetings, without any particular authority from any con- 
ference. 
On the 5th of September, 1849, the Oregon and California 1Iission Confer- 
ence was organized in the chapel of the Oregon Institute, Salem, by author;., 
i
y of the general conference of 1848, by instructions from Bishop \Yaugh, 
and under the superintendence of \Villiam Roberts. The superintendents of 
the Oregon .l\lission were, first, Jason Lee, 1834:-1844; George Gary, 1844- 
18-17; \Villiam Roberts, 1847-1849, when the 1\Iission Conference succeeded 
the Oregon Mission, under ltoberts. The mission conference included New 
:Mexico, and possessed all the rights and prh-ilegesof othersimilar bodies, except 
those of sending delegates to the general conference and drawing annual divi- 
dends from the a\'ails of the book-conccrns and chartered funds. Four sessions 
were held, the first three in Salem, and the fourth at Portland. Under the 
mission conference thc following ministers were appointcd to preach in Ore- 
gon: ia 1849-50, \V, Roberts, David Leslie, A. F. \\Taller. J. H. \Yilbur, J. 
L. Parrish, \Ylllialll Helm, J. U. Raynor, J. 1\IcKinney, c. U. Hosford, anli 
J. E. Parrott; in 1850-1, I. :l\1cElroy, F. S. Hoyt, and N. Doane were a(hle(l; 
in 1851-2, L. T. \V oodward, J. S. Smith, J. Flinn, and J. \Y. 1\Iiller; in 1831 
-3, Isaac Dillon, C. 
. Kingsley, P. G. Buchanan, and T. H. Pearue-never 
more than fourteen being in the field at the same time. 
In 
Iarch 1833 Bishop E. R. Ames arrived in Oregon, and on the 17th the 
Oregon Annual Conference was organized, including all of Oregon and \Vash- 
ington, which held its first session at Salem, and gave appointments to twenty- 
two ministers, including all of the above-named except Leslie, Parrish, Helm, 
:McElroy, 1\lcKinney, and Parrott, and adding G. Hines, H. K. Hines, T. F. 
Royal, G. 1\1. Berry, E. Garrison, B. Close, and \V. B. :Morse. Since 18.33 
there have heen from thirty-three to seventy-four preachers annually furni::5hecl 
appointments by the conference. In 1873 the conference was divided, and 
Washington and eastern Oregon set off, several of the pioneer ministers being 
transferred to the new conference. According to a sketch of church history 
by Roberts, there were, in 1876,3,249 ehuI'ch members, and G83 on probation; 
74 local preachers; GO churches, valued at 8167,730; parsonages valued at 
$29,8.)0; 8unday-schools, 78; pupils, 4,4Gü; teachers, 6
7; books in 
unday- 
school libraries, 7,678, besides periodicals taken for the use of children. The 
first protestant church edifice erected on the Pacific coast, from Cape Horn 
to Bering Strait, was the methodist church at Oregon City, begun in 1842 hy 
'ValleI', antI completed in 1844 by Hines, Abernethy added a bell in 18.')1, 
weighing over 500 pounds, the largest then in the territory. He also pur- 
chased two smaller ones for the churches in Salem and Portland, and one 
for the Clackamas academy at Oregon City. U1". Statesmnn, July 4, 18.')1. 
These were not the first bclls in Oregon, the catholics having one at Cham- 
poeg, if not others. Religious services were held in Salem as early as 1841, at 
the Oregon Institute chapel, which served until the erection of a church, which 
was dedicated January 23, 1853, and was at this time the best protestant 
( 677 ) 



678 


CHURCHES AND CHURCH SCHOOLS. 


house in Oregon. Home lIIissionary, xxvi. 115-6. About 1871 a brick edifice, 
costing 8:33,000, was completed to take the place of this one. A methodist 
church was also erected at South Salem. 
The methodist church of Portland was organized in ] 848, a church build- 
ing was begun by \Yilbur in 18.30, and the first methodist episcopal church of 
Portland iucorporated January 26, 18.33. The original editice was a plain but 
roomy frame building, with its gable fronting on Taylor Street, near Third. A 
reincorporation took place in 18ö7 , and in 18G9 a brick church, costing 83.3,000, 
was completed on the corner of Third and Taylor streets, fronting on Third. 
A second edifice was erccted on Hall Street. During the year 1884, a new 
society, an offshoot from the Taylor-Street church, was organized under 
the name of the Grace l\Iethodist Episcopal Church, taking with it $40,000 
worth of the property of the former. The methodist church at The Dal1cs 
was built in 1862 by J. F. Devore, at a time when mining enterprises were 
beginning to develop the eastern portion of the state. 
The methodists have been foremost in propagating their principles l)y 
means of schools, as the history of the \Villamette U ni versity illustrates. In 
new communities these means seem to be necessary to gÎ\ye coherence to 
effort, and have proved beneficial. 'Villamette University, which absorbed 
the Oregon Institute, was incorporated January 12, 18j3. It opened with two 
departments, a preparatory, or academic, and a collegiate course, and but few 
pupils took more than the academic course for many years. It had later six: 
departments, thirteen professors and tutors, and four academies which fed 
the uniyersity. The departments were college of liberal arts, medical college, 
'womau's college, conservatory of music, university academy, and correlated 
academies. Colle[le Journal, June 1882. The correlated academies were those 
of \Vilbur, Sheridan, Santiam, and Dallas. The medical college, one of the 
8ix departments of the university, was by the unanimous vote of the faculty 
removed to Portland in 1877. 
The Clackamas seminary for young ladies, established at Oregon City in 

8j], was the combined effort of the methodists and congregationalists, and 
rrospereJ for a time, but as a seminary has long been extinct; $11,000 were 
raiserl to found it, and John l\lc Loughlin gave a block of land. Haryey Clark 
was the first teacher, after which l\Irs Thornton and l\Ir and l\Irs H. K. 
Hines taught in it. Or. Spectator, June 6, 1851; Or. Argw:, Nov. 10, 1&.33. 
Rantiam and Umpqua academies were established about 18.34. La Creole 
Academic Institute, at Dallas, was incorporated in 18.í6. The incorporators 
were Frederick \Vaymire, \Villiam P. Lewis, John E: Lyle, Horace Lyman, 
Jteuhen P. Boise, Thomas J. LO\Telady, Nicholas Lee, James Frederick, anù 
A. \V. Swaney. 01'. Laws, 1860, 93. The act provided that at no time should 
a majority of the trustees be of one religious denomination. The academy is 
nevertheless at present one of the branches of the \Yillamette University. 
Philomath college, a few miles from Corvallis, is also controlled by a board 
of trustees elected by the annual conference. This college has an endowment 
of over $16,000 and a small general fund. The buildings are chiefly of brick, 
and cost 815,000. 
The Portland academy was opened in 1832 by C. S. Kingsley and wife
 who 
managed it for several years, and after them others. The property was worth, 
ill 1876, $20,000, but the usefulness of the school, which had no endowment, 
ha\l passed, and it has since suspended. llÏ1/Æ.-;' Or., 103-6; Olympia Columbian, 
Sept. 18, 18.32; Pub. Instruc. Rept, in Or. Jless. and Due., 187ô, 146, Con-all is 
college was founded by the methotlist church south, in 186.3, and incorporated 
August 22, ]868, since which time it has had control of the state agricultural 
college, as stated in another place; 1.30 students were enrolled in 1878, The 
Ashland college and normal school, organized in 1878 from the Ashland 
academy, is also under the management of the conference. 
The Catholic Church, next in point of time, had a rude church at Cham- 
poeg on their tirst entrance into the \Villamette valley in the winter of 1839- 
40. In :February 1846 a plain wooden church was dedicated at Oregon City, 
anù in November St Paul's brick church was consecrated at Champoeg. In 



CATHOLICS A1\T]j COYGREGATIONALISTS. 


679 


the autumn of 18.31 a church was begun in Portland, which was dedicated in 
February 18.32 by Archbishop Blanchet. In 18.34 this building was remoyed 
to 
tark Street, near Third, and ten years later had wings added for library 
and other uses, being reconsecrated in 1864. In 1871 the building was again 
enlarged, anù used until 1878, \\ hen it was removed to make room for 8t 

lary's cathedral, a fine brick structure costing $üO.OOO, the corner-stone of 
which was laid in August of that year. Portlall,l Daily Bpe, 
lay 16, 1878; 
Portland Oregonian, Aug. 24, 1878; Portland llerald, F'eb. 9, 1873. , 
There is also in Portlawl the chapel of 8t l\Jaryattached to the convent of 
the sisters of the most holy names of Jesus and l\1ary, between
IilI and :l\lar- 
ket streets. The sisters ha\'e a day and boardiug school, ordinarily attended 
by 150 pupils. 8t Joseph's day-school for boys, near the church, had an aver- 
age attendance in 18G8 of 73. St :Michacl's college, for the higher education 
of young men, is a later institution, and well supported. The church of 
St John the Evangelist, at the corner of Chamekata anù College streets, Salem, 
was dedicated April 10, 1864. .Fortyor fifty families attend services here, 
and a large number of children receiye instruction in the Sunday-school. 
The academy of the Sacred Heart, under the care of the sisters, a substantial 
brick structure, is a boarding and day school where eighty girls are taught the 
useful and ornamental hranches. This institution was dedicated in 18ü3, but 
the present edifice was not occupied till 1873. There is also a catholic 
church, and the academy of 
Iary Immaculate at The Dalles, located on Thirù 
Street; 8t :Mary's academy at Jacksonville, Notre Dame academy at Baker 
City, :Mater Dolorosa mission at Grande Ronde reservation. and St Joseph's 
hall, a female orphan asylum, at Portland. 
The oldest Congregational Church in Oregon is that of Oregon City, organ- 
ized in 1844 by Harvey Clark, independent missionary, who also set on foot 
eùucational matters, and organized a church at Forest Grove. See Atkinson's 
Con!,. Church, 1-3, a centennial review of congregationalism in Oregon. The 
American home missionary society about this time projected a mission to 
Oregon, and in 1847 sent George H. Atkinson and wife to labor in this fielù. 
They settled in Oregon City in June 1848, at the time the discovery of gold 
in California nearly depopulated that place. Atkinson, Eells, and Clark pro- 
ceeded to form, with other congregationalists, the Oregon Association, whicb 
held its first meeting at Oregon City September 20th, and appointed, together 
with the presbyterian ministers, trustees for the Tualatill academy. /lom
 
.N'lssiollary, xxii. 43, 63. In November 184
 arrived Horace Lyman and wife. 
also sent out by the home missionary society in 1847, but who had lingerell 
and taught for one year in San J oSé,. California. Lyman settled a
 P<?rtlanù, 
where he began to build up a church. There were at Oregon CIty 111 1849 
but eight members, but they undertook to build a plain meeting-house, 24 Ly 
40 feet, ceiled, and without belfry or steeple, the cost of which was 83,'),')0. 
Atkinson preached at Portland first in June 184D, in a log-house used as a. 
shingle-factory. The congregation was attentive, and the citizens subscribell 
$2,000 to erect a school-house, which ,vas to be at the service of all dellomi- 
nations for religious services. It was arranged that the congregationalmin- 
isters should preach there once in two weeks. At the second meeting, ill 
July, Captain \r ooù of the U. S. steamer J..Vas8aclwsetts was present, to the 
delight of the minister as well as the people, \Vhen Lyman arrived he Legan 
teaching and preaching in the school-house. Portland Oregonian, 
Jay 2-t., 
18G4; Lyman, in Pac. Christian Advof'ate, 1865. As there was then no church 
to organize in Portland, and as his salary was only $jOO-the rent of a dwell- 
ing being quite all of that-he was compelled to solicit aid. The town pro- 
prietors offered a lot. In the forest, on the rising ground at the SOUNl end of 

econd Street, Lyman maùe his selection, and $.3,COO were subscribed, aIhl 

he building, 32 by 48 feet, was begun. Lyman worked with, his O\
;n han.tIs 
In clearing the ground for his house and the church, and makmg sh
ngles for 
the former, falling ill from his unwonted exertions and t!le malar
 of 
h6 
newly exposed earth. But the citizens of Portland came kmùly to Ins assIst- 
ance; he was nursed back to health; the house and church were completed, 



680 


CHURCHES AND CHURCH SCHOOLS. 


chiefly by their aid, and on the 15th of June, 1851, the First Congregational 
Church of Portland was organized, with ten members, and the church eùifice 
deùicated. This building had a belfry and small spire, and cost $ö,400, seat- 
ing some 400 persons. See Lyman, in Congo A
so. Or. Annual J.1Ieeting, 1876, 
33, a quarter-centennial review, containing a complete history of the }'irst 
Congregational Church of Portland; also lIorne lfIissionary, xxiv. 137-8. 
The membership of the other churches amounted to 50 at this time; 2:> at 
Tualatin plains, 14 at Oregon City, three at .Milwaukee, and eight at Cala- 
pooya, where a church was organized by H. H. Spalding; but congregations 
and Sunday-schools were sustained at a few other points. 
In January 18':;2 the Oregon Association held its third annual meeting, 
five ministers being present. It was resolved that Atkinson should visit the 
eastern states to solicit aid for the educational work of the church, particu- 
larly of the Tualatin academy and Pacific university, and also that other parts 
of Oregon should be pointed out to the home missionary society as fields for 
missionaries. The result, in addition to the money raised, was the appoint- 
ment of Thomas J. Condon and Obed Dickinson missionaries to Oregon, the 
former to St Helen, and the latter to Salem, where a church of four members 
ball been organized. They arrived in :r..larch 18;")3, by the bark Trade Wind, 
from New York. Theil' advent led to the organization of two more of what 
may properly be styled pioneer churches. 
. Soon after the arrival of Dickinson, 'V. H. \Villson of Salem offered two 
town lots. About half the sum required for a building was raised, while the 
church he1d its meetings in a school-house; but this being too small for the 
congregation, a building was purchased and fitted up for church sel'\Tices, in 
September 1854-. Itw:'l.sllot till 18G3 that the present edifice, a modest frame 
8tructure, was completed and dedicated. Dickinson continued in the pastor- 
ate till 18G7, when he resigned, and was succeeded by P. S. Knight. Condon 
went first to St Helen, where the town proprietor ha,d erected a school-house 
and church in one, surmounted by a belfry with a good bell, and a small spire. 
This building, which is still standing, was not consecrated to the use of any 
denomination, but was free to all, and so remained. In 1854 Condon '\vas ap- 
pointed to Forest Grove. They were not able to build here till August 18'}!'), 
when a church was erected, costing some i9,OOO. Or. Statesntan, Aug. 30, 
18.39. Near tbe close of 18.33 :Milton B. Starr, who had preached for several 
years in the western states, came to Albany, Oregon, and organized a church. 
The following spring Lyman wa
 sent to Dallas to preach, anù Portland was 
left without a pastor. In 1859 Condon organized a church at The Dalles, 
building in 18G:!. He remained at The Dalles for many years, leaving there 
finally to go to Forest Grove, where his attainments in natural science were 
in demand. On the opening of the state university he accepted a professor- 
ship in that institution, Atkinson was settled as pastor of the church in 
Portland in 18G3, where he continued.some ten years, when, his health failing, 
he went north to establish congregations. During his pastorate a new churcb 
edifice was erected on the ground selected in 1830; and more recently Ply- 
month church on .FourteentÌl and E streets. The organized congregational 
churches reported down to 1878 were nine: Alhany, Astoria, Dalles, li'orest 
Grove, Hillsboro, Oregon City, l'ortland, East l)ortland, and Salem. COllg. 
.A
go. 
linutf'.<{, 1878, 51. Plymouth church was a later organization. 
Pacific university, founded by congregationalists, was non-sectarian. It 
had $30,000 in grounds and buildings, t;!,OOO in cabinet and apparatus, $83,000 
ill productive funds, and a library containing 5,000 volumes. 
The first minister of the Presl>yterian denomination in Oregon was Lewis 
'fhompson, a native of Kentucky, aJ'_d an alumnus of Princeton theological 
seminary, who came to the Pacific coast in 1846 and settled on the Clatsop 
plains. JVood'
 Pioneer Work, 27. There i
 a centeunial history of the prcs- 
bytcry of Oregon, by Eùward R. Geary, in Portland Pac. Christian Advocate, 
July "27, 187G. On the 19th of Septcmber, 1t;4G, Thompson preached a sel'mon 
at the house of \V. II. Gray, albeit there were none to hear him exc(;pt a 
ruling elùer from .l\lissouri, AhTa Condit, llis wife Ruth Condit, anù Gray ami 



PRESBYTERIAN INSTITUTIONS. 


681 


his wife. Truman P. Powers of Astoria was the first ordained elder of the 
presbyterian church on the Pacific coast. He came to Oregon in 1846. In 
October Thompson was joined by a young minister from Ohio, Robert Robe, 
and on the 19th of November they, together with E. R. Geary of Lafayette, at 
the residence of the latter, formed the presbytery of Oregon, as directed by 
the General Assembly at its session in that year. 
In 18j;J there were five presbyterian ministers in Oregon, the three above- 
mentioned, J. L. Yantis, and J. A. Hanna. The latter had settled at :Marys- 
vil1e (now Corvallis) in 18.32 and organized a church, while Yantis had but 
recently arrived. A meeting of the presbytery being called at Portland in 
October, Hanna and Yantis became members, and it was determined to or- 
ganize a church in that place, of which Yantis was to have charge, together 
with one he had already formed at Calapooya. This was accordingly done; 
and through the stormy winter the resolute preacher held service twice a 
month in Portlan(l, riding eighty miles through mud and rain to keep his ap- 
pointments, until an attack of ophthalmia rendered it impracticable, and George 
}'. \Vhitworth, recently arrived with the design of settling on Puget Sound, 
was placed temporarily 
n charge of the church in Portland. On his remo\"al 
to \Vashington the society became disorganized, and finally extinct. 
.Meantime Thompson had built a small church at Clatsop, and was pursuing 
his not very smooth way in that foggy, sandy region, where he labored faith- 
fully for twenty-two years before he finally removed to California. 
obe or- 
ganized a church at Eugene City in 18.33, remaining there in the ministry till 
18G3, during which time a building was erected, Geary, who had undertaken 
a boarding-school, became involved in pecuniary emharrassment, and was com- 
pelled to take a clerkship under Palmer in the Indian department; but being 
discharged for seeming to covet the office of his employer, he took charge of 
the Calapooya church, and organized that of Brownsville, where he fixed his 
residence, and where a church building was erected by the members. A char- 
ter was procured from the legislature of 1857-8 for the Con'allis coHege, 
which ,,,"ould have been under the patronage of the presbyterians haJ it 
reached a point where such patronage could be claimed. There is nothing to 
show that it was ever organized. 
An effort was made about the beginning of 1860 to revive the presbyterian 
church in Portland. :McGill of the Princeton seminary, being appealed to, 
procured the coöperation of the Board of Domestic Missions, and :Po S. Caffrey 
was commissioned to the work. He preached his first sermon in the court- 
house June 13, 1860. On the 3d of August the first presbyterian church of 
Portland was reorganized by Le\\ is Thompson of Clatsop, with seventeen mem- 
bers, and regular services held ill a room on the corner of Third anù :Mallison 
streets. Caffrey's ministrations were successful; and in 18G3 the corner-stone 
of a church edifice was laid on Third and \Vashington streets, ,yhich was 
finished the following year, at a cost of $:!O,OOO. Geary's 0,'. Pre:;byter!/, 2; 
Portland Jlerald, Jan. 26, 1873; Df'ady's 8aap-Book, 43, 8;). \Yhen in 1869 
Caffrey resigned his charge to Lindsley, there was a membership of 10;J, and 
the finances of the church were in good condition. In 1882 the church 
divided, and a new edifice was erected, costing $2.3,000, at the north-east cor- 
ner of Clay and Ninth streets, called Calvary Presbyterian Church, with E. 
'l'rumrell Lee first pastor. The church editice at COlTallis was begun in ISGO 
and completed in 18G4, at a cost of :::;6,000, Hanna contributing freely of his 
own means. Richard \Yylie, assigned by the board of missions to this place 
in t
e latter year, '
Tas the first pastor regularly im
talled in this church. 
Richard \Vylie was one of three sons of James \Vylic, who graduated together 
at Princeton. In 18G.3 the father and James and John, :Richard's brothers, 
came to the Pacific coast, James accepting a pastorate in San J osé, California, 
and John being assigned to the church in .Eugene City. James \Yylie, sen., 
was examined for the ministry by the Oregon presbytery, licensed to preach, 
and finalJy ordained fOl' t
le full ministry . Geary's Ur. Presb!Jtl'1'Y, 2. 
In 18GG the presby
ery consistc(l of thp ministers abmTc named, with the 
addition of \V. J. .i\lonteilih, Anthony 
impson, and J. S. Reasoner, the fanner 



682 


CHURCHES AND CHURCH SCHOOLS. 


assigned to Alhany, and Simpson to Olympia, which by the lapse of the Puget 
Sounù presbytery, erected in 18.38, came again under the ca.re of Oregon. A 
church was organized at Albany by Monteit.h, and a private classical school 
opened, which grew into the Albany collegiate institute under the care of the 
presbytery, a tract of five acres being donated by Thomas .l\lo11teith, one of 
the town owners, and brother of \V. J. :Monteith. The citizens erected a 
substantial building, and in spite of some drawbacks, the institution grew in 
reputation and means. Reasoner was not called upon to labor for the church, 
being advanced in years and a farmer. In 1868 H. H. Spalding, whom the 
congregational association had advised to accept an Inòian agency, became a 
member of the presbytery, but he was not gi ven charge of a church, being 
broken in mind and body by the tr3gedy of \Vaii!atpu. His death occurreù 
at Lapwai, where he was again acting as missionary to the Nez Perces, 
August 3, 1874, at the age of 73 years. The first presbyterian church of 
Salem was organizer1 
Iay 20, 186D, with sixteen members. Their church edi- 
fice was erected in 1871, at a cost of $6,000. \Vithin the last ten years churches 
have been organized anù houses of worship erected in Roseburg, Jacksonville, 
and 
larshfield in southern Oregon. 
All that has been said above of presbyterians relates to the old-school 
didsion of that church. There were in Oregon, however, other!S, uuder the 
names of Cumberland preshyterians, associate presbyterians, and associate 
reformed. In 18,)1 James P. :Millar, of Albany, N. Y., arrived in Oregon as 
a missionary of one of these latter societies; but fiuding here 200 members 
and half a dozen ministers of the two societies, he entered into a scheme to unite 
them in one, to be known as the United Presbyterian church of Oregon, con- 
stituting one presbytery, an<l being independtmt of any allegiance to any 
ecclesiastical control out of Oregon. The men who formed this church were 
James P. 
Iillar, Thomas S. Ken<lall, Samuel G. Irvine, \Vilson Blain, James 
'V ol"th, J. :M. Dick, and Stephen D. Gager. Or. Statesman, Dec. 18, 18,)2. In 
18,)8 they founded the Albany academy, with Thomas K.endall, Delazoll Smith, 
Dennis Beach, Edward Geary, 'Valter :Monteith, J. P. Tate, John Rmith, 
James H. Foster, aud R. II. Crawford trustees. This school was superbeded 
by the Albany institute in 1867. Or. Law.
, Special, 18.)7-8, !}-10; j11esR. and 
Doc.'), Pub. Instruction, 1878, 81-2. A college, known as the SuLlimity, was 
created by legislative act in January 1858, to be controlled by the United 
llrethrell in Christ; but whether this was a school of the united presbyterians 
I am unable to determine. 
The pioneer of the Cumberland presbyterians was J. A. Cornwall of 
Art-ansas, who came to Oregon in 1846 by the southern route, as the reader 
may remember. Cornwall was the only ordained minister until 18,)1, when 
two others, Neill Johnson of Illinois, and Joseph Robertson of Tennessee, 
arrived. By order of the :l\1issouri synod, these ministers met in 1847, at the 
house of Samuel Allen in :Marion county, and formed the Oregon presbytery 
of the Cumberland presbyterian church, 'V. A. Sweeney, anothtr minister, 
heing present. Five ruling elders, who had partially organized con
regatioI1s, 
were admitted to seats in the presbytery, as follows: John Purvine from 
Abiqua, Joseph Carmack from La Creole, Jesse C. Henderson from Yam hill, 
David Allen from Tualatin, and D. M:. Keen from Santiam. There were 
t 
this time four licentiates in the territory; namely, B. F. 
lusic, John Dillard, 
'Villiam Jolly, anù Luther \Vhite. The whole number of members in com- 
munion was 103. 
There was no missionary society to aid them, the ministers being sup- 
ported by voluntary offerings. But in the spring of 185:
 an effort was made 
to raise funùs to found a college under their patronage, and in the following year 
a building was erected at Eugene City, costing $4,000, with an endowment 
fund amounting to $20,000. The school was opene(l in NO\yember 18.36, under 
the presidency of E. P. Henderson, a graduate of \Vaynesville college, Penn- 
syhyania, with fifty-two students. Four days after this auspicious inaugura- 
tion the college building was destroyed by an incendiary tire. Not to be 
defeateù, however, another house was procureù anù the school continueù, 




rHE BAPTISTS. 


683 


while a sE>cond building was erectecl at a cost of 83,000, the second session 
doubling the number of students. The attendauce increased to 150 in 1837, 
hut again, on the night of the 20th of February, 18.38, the college was 
burneù. A stone building was then begun, and the walls soon raised. Be- 
fore it was completed a ùivision took place on the issue of bible-reading and 
prayer in the school, anù those opposed to these observances withdrew thcir 
aid, and the unfinished building was sold by the sheriff to satisfy the me. 
chanics. I find among the Ure!Jon S"ecial Laws of 18.37-8 an act incorporat- 
ing the Union Uni\yersity Association, section 4 of which provides that the 
'utmost care shall be taken to avoid every species of prefercnce for any sect 
or party, either religious or political.' This was probably the form of protest 
a.;ainst sectarian teaching which destroyed the prospects of the Cumberland 
school. Henderson, after a couple of sessions in a rented house, seeing no 
hope for the future, closed his connection with the school, which was sus- 
pended soon after, and never red,'ed. 
About 187.3 'V. R. Bishop of Brownsville completed a commodious school 
building as an indi,'iùual enterprise, and established a school under the name 
of Principia Academy, with a chapel attached. In 18Gl the Oregon Cumber- 
land presbytery was divideJ, by order of the Sacramento synod to which it 
belonged, and all of Oregon south of Calapooya Creek on the east side of the 
'Villamette River, and all south of La Creole Rh-er on the west side of the 
\Villamette, was detached and made to form the \Villamette presbytery, while 
all north of that retained its former name. In 1874 the Oregon presbytery 
was a3ain divided, that part east of the Cascade }'1:ountains and all of 'Vash- 
ington being set off and called the Cascade presbytery, with four ordained 
ministers, the Oregon presbytery having begun its operations in the 'Yalla 
'Valla Valley in 1871. when A. 'V. Sweeney organized a church at \Vaitsburg 
with eighteen members, since which time several others have been formed, 
and churches erected. By order of the general assembly of the Cumberland 
in May 187.3, the Oregon synod was constituted, composed of these three 
presbyt.eries, which have in communion 70J members, and own thirteen houses 
of worship, wor
h SID,ODD. Sec centennial sketch by Neill Johnson, in POTt- 
land Pac. Christian Advocate, .May 4, 1876. 
Among the early immigrants to Oregon were many Baptists, this denomi- 
nation being numerous in the western and south-western states. As early as 
UHS a society was organized and a church building erected at Oregon City. 
Other churches soon followed, l)ortland having an organizcd society in 185.3, 
although not in a flourishing state financially. It was not until June 18GO 
tbat a missionary, Samuel lJonlClius of Indianapolis, arrived, appointed hy 
the Amm'ican Baptist Home }'lission, to labor in Portland. His introductory 
sermon was preached in the methodist church on the first Sunday in July, 
but a public hall was soon secured, and the organization of the Frst Baptist 
Church of PortlalHI took place on the 12th of August, with twelve memhers; 
namely, Sa.muel Cornelius and wife, Josiah Failing ana wife, Dou,jbs ,Yo 'Vil- 
Iiams, Elizaheth Failing, J oshua 
haw and wife, R. 'Veston and wife, and 
George Shriver and wife, ]i'irst Bapti ;t Church .J[anual, 1. This small body 
made a call on Cornelius to hecome their pastor, which was accepted, and on 
him and the two deacons, \Villiams and Failing, deyol ved the task of builùing 
a house of worship. A half-block of land on the corner of Fourth and Alder 
skeets had been donated for the site of a baptist church by Stephen Coffin sev- 
eral years before, and on this was begun a building, which was so far completed 
by January 5, 1802, that its ba.sement was occupied for religious services. In 
September 1864 Cornelius rcturned to the east, leaving a membership of 4H per- 
s
ms, and the church was without a pastor for two years, during which the 
deacons sustained as best they could the burden of the society to prevent it 
from falling to pieces. Then came E. C. Anderson of Kalamazoo, .Michigan, 
scnt by the Home 
1ission Society to act as pastor, in Decemùer 1806. The 
church was incorporated in .March 18Gi. Anderson continued in the pastorate 
five yeATs, and increased the mcmbership to sm.enty, the church ediôce cost- 
ing $12,500, being dedicated in January 1870. The incorporators were J osia.h 



684 


CHURCHES AND CHURCH SCHOOLS. 


Failing, Joseph N, Dolph, \V. S. Caldwell, John S. \Vhite, GeorgeC. Chandler, 
and \V. Lair Hill. Again no one was found to supply the place of pastor for 
a year and a half, when A. R. :Medburyof San Francisco accepted a call, 
and remained with this church three years, during which forty new members 
were added, and a parsonage was presented to the society by Henry Fai
ing, 
since which time the church has been fairly prosperous. In 1861 the number 
of baptists in Oregon was 484, of churches I:J, acd ordained ministers 10. 
The first baptist school attempted was COr\Tallis Institute, which seems not 
to have had any history beyond the act of incorporation in 18.36-7. An act 
was also passed the following year estahlishing a baptist school under the 
name of \Vest Union Institute, in \Vashington county, with David T. Lennox, 
Ed H. Lennox, Henry Sewell, William :Mauzey, John S. \Vhite, and 
George C. Chandler as trustees. At the same session a charter was granted 
to the baptist college at 1\lc)Iinn\"ille, a school already founded hy the Disci- 
ple or Christian church, and turned over to the baptists with the belongings, 
six acres of ground and a school building, as a free gift, upon condition that 
they should keep up a collegiate school. The origin of 
Icl\Iinnville and its 
college was as follows: In 1832-:
, \V. T. Newby cut a ditch from Bakcr 
{;reek, a branch of the Yamhill River, to Cozine Creek, upon his land, where 
he erected a grist-mill. In 18.34 S. C. Adams, who lived on his donation 
claim 4 miles north, took a grist to mill, and in the course of con\Tersation 
with Newby remarked upon the favorable location for a town which his land 
presented, upon which Newby replied that if he, Adam3, would start a town, 
he should have half a block of lots, anù select his own location, from which 
point the survey should commence. In the spring of 1835 Adams deposited 
the lumber for his house on the spot selected, about 200 yards from the mill, 
and proceeded to erect his honse, where, as soon as it was completed, he went 
to reside. Immediately after he began to agitate the suhject of a high school 
as a nucleus for a settlement, and as he and most of the leading men in Yam- 
hill were of the christian church, it naturally became a christian school. 
James l\lcBride, \Villiam Dawson, \V. T. Newby, and Adams worked up the 
matter, bearing the larger part of the expense. Newby ga\-e six acres of Ian(}. 
The building erected for the school was large and commodious for those times. 
Adams, who was a teacher by profession, was urged to take charge of the 
!chool, an,l taught it for a year and a half. Among his pupils were John R. 
:McBride, L. L. Rowland, J. C. Shelton, George L, \Voods, and \Vm D. Bakcr. 
But there had not been any organization, or any charter asked for, and Adams, 
who found it hard and unprofitable work to keep up the school alone, wished 
to resign, and propos cd to the men interested to place it in the hands of the 
baptists, who were ahout founding the \Vest Union Institute. To this they 
made no objection, as they only wished to have a school, and were not secta- 
rian in feeling. Accordingly, Adams proposed the gift to the baptists, aml 
it was accepted, only one condition being imposed, and agreed to in writing, 
to employ at least one professor in the college department continuously. It 
was incorporated in January 1858 as the baptist college at .l\Jc
linnvilJe. by 
Henry \Varren, James :M. Fulkerson, Ephriam Ford, Reuben (). Hill, J. S. 
Holman, Alexius N. Miller, Richard :1\1 iller, and \Villis Gaines, trustees. 
The \Vashington county school was allowed to drop, and the .Mcl\Iinnville 
college was taken in charge by G. C. Chandler in the collegiate department, 
and l\1rs N. :Morse in the preparatory school. The incorporated institution 
receivcd the gift of twenty acres of hnd for a college campus from Samuel 
and :Mahala Cozine and 
1rs P. \V. ChanlUer. It owned in 1882 three thou- 
sanll dollars in outside lands, a building fund of twenty-one thousand dollars, 
anù an en.]owment fund of o\-er seventecn thousand, besides the apparatus an,1 
library. From addresses by J. N. Dolph and \V. C. Johnson in J.llcJIinrille 
Colleg p and Catalogue, 1882. A new and handsome edifice has been erected, 
whose corner-stone was laid in 1882. The Beacon, a monthly denominational 
journal, was published at Salem as the organ of the baptists. 
Several attempts \vere made to have colleges free from scctarian influence, 
which rarely succeeded. The Jefferson institute, incorporated in January 



EPISCOP ALIANS. 


685 


1857, and located at Jefferson, is an exception. This school is independent, . 
and has been running since its founùing in 185û-7. Any person may become 
a member by paying $30 into the endowment fund. which amounts to ahout 

!, OJO. The board consists of fifteen trustees, five of whom are annually 
elected by the members. Three directors are elected by the board from their 
own number, who have the general management of school affairs. The first 
board of trustees were Geo. H. 'Villiams, J. H. Harrison. Jacob Conser, E. E. 
Parrish, 'V. F. 'Vest. T. Small, H. A. Johnson, C. A. Reed, N. R. Doty, J. 
B. Terhune, J. S. :Miller, Jamcs Johnson, L. Pettyjohn, 
lanuel Gonzalez, 
and Andrcw Cox. 
Irs Conser gave a tract of land in eight town lots. The 
Imilding cost 83,000. c. H. 
Iattoon was the first teacher, in 18.)7. Portland 
Pac. Advocate, Feb. 24 and }'Iarch 2, 18ïß; Rept of SUJjt Pub. In'itruc., 1878, 
91-2. The number of pupils in 1884 was about one hundred. The curricu- 
!tun does not embrace a college course, but only the preparatory studies. 
The Butteville Institute, established by legislative act in January 1859, was 
an independent school, which, if ever successful, is now out of existence. 
The pioneer of the Protestant Episcopal Church in Oregon was St 1\1. Fack- 
ler, who crossed the plains with the immigration of 1847 in search of health, 
of whom I have spoken in another place. He found a few members of this 
church in Oregon City, and held occasional scrvices in 1848 at the house of 
A. .McKinlay, hut without attcmpting to organize a church. The first mis- 
sionary of the episcopal church in the east was 'Villiam Richmond of the 
dbcese of New York, appointed by the Board of Domestic .Missions in April 
]831 to labor in Oregon, and who organized congregations at Portland, Oregon 
City, 1\1ilwaukee, Salem, Lafayette, and other places before the close of that 
:year, adding Champoeg, Chehalcm, and Tualatin plains the follO\ving year. 
In the fall of 18'::;2 he was joined by James A. ,V ood ward of the diocese of 
Pennsyl vania, who like Fackler had maùe the overland journey to better his 
physical condition, and had succeeded, which Fackler dilillot. After the ar- 
l"i val of ,V ooJ ward, services were helJ in the congregational church at 
Oregon City until a room was fitted up for the purpose. 
In January 1833 John l\IcCartyof New York diocese arrived as army chap- 
lai!l at Vancouver. At this time there were about twenty members in Port- 
land who forn.ed Trinity Church organization. At the meeting of the general 
convention held in New York in October 183::J, Thomas Fielding Scott of 
tIle diocese of Georgia was elpcted missionary bishop of Oregon and 'Vash- 
ingtoll, but before his arrival Richmond and \Voodward had returned to the 
east, leaving only Fackler and l\IcCarty as aids to the 1)ishop. Two church 
ediíìees had already been erected, the first, 
t Jolm's at }'lil\vaukee, the second, 
Trinity at Portland. The latter was consecratcd September 24th, about three 
months after the arrival of Scott. In 183,; the church at l\lilwaukee and 
another at Salem were consecrated, but without any increase of the clerical 
force until late in this year, when Johnston :t\1cCormack, a deacon, arrived, 
who was stationed temporarily at Portland. In 183ß arri'7ed John Sellwood 
anJ his brother, James R, \Y. Sellwood; but having been wounde(l in the 
P;.nam:i riot of that year, John was not able for some months to enter upon 
his duties. His brother, however, took charge of the church at Salem. The 
first episcopal school for boys was opened this year at Oswego, under the 
management of B8rnard Cornelius, who had recently taught in Olympia, and 
was a graduate of Dublin uni,.ersity. Seventy acres of land, aud a large 
dwelling-house, l)leasant:y situated, were purchased for this purpose. James 
I. Daly was ordained ùeacon in 
Iay, gh 7 ing a slight increase to the few work- 
ers in the iield. St 
Iary's church at Eugene City was consecrated in January 
18.39 by Bishop Scott; and there arrived, also, this year five clergymen, Carl- 
ton P. 1\1aples, T. A. Hyland, D. E. 'Villes, 'V. T. B. Jackson and P. E. 
Hyland. Two of them returned east, anù one, P. E. Rylantl, went to 
Olympia. T. A. Hyland married a daughter of Stearns of Douglas county. 
He was for many years a pastor and teacher at Astoria, but returned to 
Canaùa. afterwarù. St Paul's chapel at Oregon City was dedicated in the 
spring of 18ßl; and in the autumn Scott opened. a girls' school at 
lilwaukee, 



686 


CHURCHES AND CHURCH SCHOOLS. 


which was successful from the first. The Oregon Churchman, a "maU monthly 
publication in the interests of the church, was first issued this year. 
The episcopal church was making steady advances when in 1867 Bishop 
Scott died, uni vcrsally lamented. Over 20J persons had been confirmed, not 
all of whom remained steadfast during an interval of two years when the 
diocese was without a bead. A fresh impetus was imparted to the life of the 
church when a new missionary bis:lop, H. 'Vistar J\Iorris, arrived in Oregon, 
in J llne 1tìGO. A block of land was purchased in Portland, on Fourth Street, 
b
twt;('n .Madison and Jefferson, aud St Helen Hall built. By the 6th of 
Septcmber it had fifty pupils. In the following year it was enlarged, and be. 
gan i
s seconù year with 12':; pupils. The Scott grammar and ùi vinity school 
for boys was erected in 1870, on a tract of land in the western part of Couch's 
aùdition, commanding a fine view of Portland and the \Villamette River. Both 
of thes8 insti
utions y.ere successful, the grammar school having to be enlarged 
in ISj":!. The building was burned in Novemher 1877, but rebuilt larger than 
before, at a cost of S2J, 000. In the same year the congregation of trinity 
church crected a new edifice on the block occupied by the former one between 
Oak anù Pine. but facing on 
ixtb Street, and costing O\'er $30,000, the bishop 
being assisted by several clergymen. A church had been organized in \VaHa 
'Valla by \VeEs, who f'xtendcd his labors to several of the towns of eastern 
Oregon in 1 '373. In 1874 the bishop laid the corner-stones of five churches, 
anll purchascd four acrcs of land in the north-western quarter of Portland, on 
whic
l was erected a hospital and orphanage, under the name of Good Samar- 
it
n_ the energy of :Morris and the libcrality of the people of Portland 
placing the episcopal society in the foremost rank in point of educational and 
c:l3,ritahle institutions. \Vhen Scott entered upon his dioeese, it included all 
of the original territory of Oregon, but occupied later only Oregon and \Vash- 
ingtoll. In the latter, ill 1876, there were seven churches, one boarding-school 
for girls-at \Valla 'ValIa-one parish school, one rectory, and 137 communi- 
cants. .Episcopal Ohurch in 01'., a history prepared for the centennial commis- 
sioners, 1876, Yancouver, 1876; Seattle IJltelti[1etu'e, Aug. 24, 1879. 
Among thc other religious denominations of Oregon were the Campbellites. 
Like the other churches, they knew the value of sectarian schools, and accord- 
in
 to one of their elùers, would have had one in every county h
d it been 
practicable. As I have before said, they founded the school at .Mc11innville, 
which became a baptist college, James 11cBrille, \Villiam Dawson, and S. C. 
Adams erecting the first college building. Adams taught the school just 
predous to its transfer. A little later than the :Mc:J\-1innville school was 
the founding of the Bethel Academy in 1856. The promoters of this enter- 
prise wcre Elder G. O. Burnett, Amos Harvey, Nathaniel Hudson, a.nd others. 
In 18:5:5 it was chartered by the legislature as the Bethel Institute. In Octo- 
ber they advertised that they were ready to reccive pupils, and also that 'stu- 
dents will be free to attend upon such religious services on each Lord's day 
as they may choose.' The institute opcne<l in November with fifty or sixty 
pupils in attendance, and we learn that' Judge 'Villiams addressed the peo- 
pIe' at a meeting of the trustees in February following. L. L. Howland and 
N. Hudson were teaching in 1839, and in 1860 the act of incorporation was 
amended tJ read Bethel College. (JJ". LftW.o.:, 1860, 10:2-3. At this time the 
Bethel school was prosperous. It had a well-selected library, and choice appa- 
ratus in the scientific departments. 
But 13ethel had a rival in the same county. In 1855 measures were taken 
to found another institution of lparning, the trustees chosen being Ira F. But- 
ler, J. E. Murphy, R. P. Boisé, J. ll. Smith, 
. Simmons, \Villiam :Mason, 
T. H. Hutchison, II, Burford, T. H. Lucas, D. R. Lewis, all,l 8. S. \Vhitman. 
'This board organized with Butler for president, IIutchison secretary, and 
Lucas treasurer. A charter was granted them the same year, incorporating 
1tlonmouth University; 4ûO acres of land wm-e donated, \Vhitmall giving 
200, T. H. Lucas 80
 A. 'V. Lucas 20, and J. B. Smith and Elijah Davidson 
each 80. This land was laid out in a town site callcd .Monmouth, and the 
lots sold to persons desiring to reside near the uni\
ersity. In the abundant 



UNIT.ARIANS AND LUTHERANS. 


687 


charity of their hearts, and perhaps with a motive to popularize their insti- 
tution, the trustees pa8sed a resolution to establish a school for orphans in 
connection with the university; but this scheme being found to be impracti- 
cable, it was abandoned, and the money subscribed to the orphan school re- 
{ulllIed. 
Notwithstanding its ambitions title, the Monmouth school only served to 
divide the patronage which woulù have been a support for one only, and after 
ten years uf unprofitable effort, it was resolved in conventiou by the christian 
church to unite Bethel and l\lonmouth, under the name of l\lonmouth Chris- 
tian College, ,vhich was done. The first session of this college is reckoned 
from October 180G to June 1867. The necessity for an endowment led, in 
18G8, to the sale of forty scholarships at five hundred dollars each, by which 
assistance the institution became fairly prosperous. On the organization of 
the college, L. L. Rowland of Bethany college, Virginia, was made principal, 
with N. Hudson assistant. In 18Gû a more complete organization took place, 
and T. F. Campbell, a native of Mississippi and graduate of Bethany college, 
was placed at the head of the college as principal, being selected president 
the following year, a situation which he held for thirteen years with profit to 
the management. A substantial brick building was erected, a newspaper, 
the Jfomnollth Christian JJfessenge7', published, and the catalogue showed 230 
students. In 1882 Campbell resigned and returned to the east, leaving the 
college on as good a basis as any ill the state, having graduated twenty-three 
students in the classical and forty-one in the scientific course. The college 
property is valued at twenty thousand dollars, and the endowment twenty- 
fiye thousand. The censns of 1870 gives the llUll1ber of christian churches at 
twenty-six, and church edifices at sixteen. At a christian coöperation con- 
vention held at Dallas in 1877, thirty-one societies were represented. Later 
a.church was organized in Portland, aud a building erected for religious ser- 
VIces. 
Baker City Academy, an incorporated institution, was opened in 18G8, 
with F. H. Grubbe principal, assisted by his wife, Jason Lee's daughter. 
Gl'ubbe subsequently took charge of The Dalles high school, his wife dying 
at that place in 1881. He was succeeded in the Baker City academy by S. 
P. Barrett, and later by \Villiam Harrison. As the pioneer academy of east- 
ern Oregon, it did a good work. The corner-stone of the Blue l\lountain 
Unhersity at La Grande ",as laid in 1874. In 1878 it was in successfulop- 
eration, with colleges of medicine, law, and theology promis
d at an early 
day. In adllition to the preparatory and classical departments, there were 
two scientific courses of four years. The school was non-sectarian. G.:E. 
Ackerman was first president. A good school was also established at Union, 
and tbe Independent Academy at The Dalles. The latter institution acquired 
possession of the stone building partially erected for a mint in 18GÛ-70, but 
l)rcsented to the s
ate when the mint was abandoned, and by the state trans- 
ferret! to this school. 
The First Unitarian Church of Portland, incorporated in 186.3 by Thomas 
Frazier, E. D. Shattuck, and R. R. Thompson, was the first of that denom- 
ination in the state. Its first house of worship was located on the corner of 
Yamhill and Reventh streets, a plain building of wood, the lot costing $7,000, 
with free seats for 300 people. Its pastor, '1'. L. Eliot, drew to this modest 
temple goodly congregations; the society grew, and in 1878 was laid the cor- 
ner-stone of the present church of Our .Father, one of the most attracti\Y6 
edi1ìces in the city, which was dedicated in 1879. Olympia Unitarian Advo. 
cafe, Aug. 1878; Portland Oregonian, July '27, 1878, June 14, 1879. There 
is a small number of universalists in the state. They had a church at Coquille 
City, organized hy Zenas Cook, missionary of this denomination. 'fhey 
erected a place of worship in 1878. 
The Evangelical Lutherans organized a church at Portland in 18G7, A. 

fyres, of the general synoù, acting. A house uf worship was erected in 18G9, 
being the first lutheran church in Oregon. Through some mismanagement of 
the building committee, the church became involved in debt, and after sevcral 



688 PUBLIC SCHOOLS AND BENEVOLENT INSTITUTIONS. 


years of struggle against adverse circumstances, the building-was sold by the 
sheriff in .l\Iay 187,). Another lutheran church was organized in 1871, by A. 
E. Friùrichsen, from the Danes, Swedes, amI Norwegians of Portland, and 
incorporated June 9, 1871, uwler the name of the Scandinavian Evangelical 
Lutheran Church of Portland. Being offered building ground in East Port- 
land by James B. Stephens and wife, they built there, but services were also 
held in the basement of the first presbyterian church, where a discourse in the 
Swedish tongue was preached Sunday evenings. As there was considerable im- 
migration from the 
candinavjan and German countries, the lutheran church 
rapidly increased in Oregon and 'Vashington. From centennial report by A. 
Emil Fridrichsen, in Portland Christian Advocate, 
fay II, 1876. 
Portland had also a German church, an African 
lethodist Episcopal Zion 
church, two J cwish societies, Beth Israel with a synagogue at the corner of 
Fifth and Oak, and Ahavai Sholom with a synagogue on Sixth street, between 
Oak and Pine, and a Chinese temple on Second street, between 
lorrison and 
Adler streets. 
The Seventh-Day Adventists had a church incorporated in September 
1878, at 1\lilton, Umatilla county, by J. C. Burch, W. Russell, and \V. J. 
Goodwin. 
The First Society of Humanitarians of Astoria was incorporated in Janu- 
ary 18i8, by James Taylor, L. O. Fruit, and John A. Goss. 
The :Methodist G. Church South was organized at \Vingville, Baker county, 
in 1878, Hiram Osborne, C. G. Chandler, and E. C. Perkins, trustees. 
The Emanuel Church of the Evangelical Association of North America, of 
Albany, was incorporated July 22, 1878, by E. B. Purdom, F. :Martin, and L. 
G. Allen. 
There were Hebrew Congregations at Astoria and Albany. 0'1". Sec. State 
Rept, 1878, 112-20. 
The latest available statistics, those of 1875, gave the number of religious 
organizations in Oregon, of all denominations, at 351, with 242 churches, 320 
clergymen, 14,324 communicants, and 71,û30 adherents. The assessed value 
of the church property was Sû.34,000. During the years following there was 
a large increase in numbers and property. \Vith respect to numbers, the 
different denominations rank as follows: 1\lethodists, baptists, catholics, epis- 
copalians, congregationalists, and other minor sects. 


PUBLIC SCHOOLS AND BENEVOLENT INSTITUTIONS. 


That section of the organic act which conferred 1,280 acres of land upon 
every township for the support of public schools made a system of free cùu. 
cation obligatory upon the people, and one of the first acts of the legislature 
of 1849 was a law in consonance with this gift, providing for the appropria. 
tion of the interest of the money arising from the sale of school lands to the 
purposes of public insnlCtion. The law, in a revised form, exists still. But the 
income of the school fund arising from sales of school land was not sufiicient 
for the support of the common schools, and in 18,)3-4 the reviseù law pro\'iùed 
for levying a tax in e\Tery county, of two mills on the dollar, and albo that the 
county treasurer should set apart all moneys collected from fines for breach of 
any of thc penal laws of the territory, in ord
r to give immediate effcct to the 
educational system. The lcgislature of 18.34-5 made every school district a. 
body corporate to assess and collect taxes for the support of the public schools 
for a certain portion of the year. 
\Vhcn Oregon became a state it was even more richly endowed with lands 
for educational purposes, and in its constitution generously set apart much of 
its dowcr for the same purpose. In 1876 the cOlnmon-school fuml amounted 
to over half a million dollars. For the school year of 1877-8 the interest on 
the school fund amounted to over $48,000. As the fund increases with the 
gradual sale of the school lands, it is expected that an amount will eventually 
be realizcd from the three million acres remaining which will meet the larger 
part of the expense of the public schools. In Portland, where .
he schools are 



STATE UNIVERSITY. 


689 


more 'perfectly graded than e!.sewhere, the cost per year for eacll pupil has 
been about twenty-one dollars. The total value of public school property in 
the sta.te ill 18i7-8 was nearly half a million dollars, comprising 732 school- 
houses and their furniture. The lowest average monthly salary in any county 
was thirty-five dollars, and the highest seventy-one. Biennial Rept Supt 
Pub. 11lstruc. 01'., 18i8, 2û. The course of study in the common schools, 
which is dÏ\'ided into seven grades, preparatory to the high-school course, is 
1l).ore fully exemplified in Porth:,nd than elsewhere. The whole city is com- 
l)riseù in one ùistrict, with buildings at convenient distances and of ample 
size. The Central school was first opened in J\iay 1858. It was built on a 
Llock of land between .Morrison and Yamhill and Sixth and Seventh streets, 
for which in 183G $1,000 was paid, and a wing of the main building erected, 
costing S3,COO, the money being r3.ised by taxation, according to the school 
law. The following year another $4,000 was raised and applied to the com- 
pletion of the building; III pupils were present at the opening, the principal 
being L. L. Terwilliger, assis
ed by O. Connelly and l\1rs Hensill. In 187:!-3 
the origilld structure was moved and added to, making a new and commodi- 
ous house at a cost of over 
30,()OO. In 1883, the block on which it stood be- 
ing needed for a hotel, the building was moved to a temporary resting-place 
on the next block north. The second school builùing was erected in 1863, at 
the corner of Sixth and Harrison streets, eleven blocks south of the Central, at 
a cost of about ten thousand dollars. It was twice enlarged, in 1871 and 1877, 
at a total cost of nearly $21,000. The Harrison-Street school was opened in 
January 18ûû by R. K. 'Varren, principal, assisted by :Misses Tower, Ste- 
phens, anù Kelly. In :May 1879 it 'was nearly all destroyed by fire, but was re- 
built the same year at a cost of 818,000, and reopened in February 1880. The 
third school building erected in the district was called the North School, and 
was located between '.i'cnth and Eleventh and C and D streets, in Couch's Addi- 
tion. It W2.S built in 1867, the ulock and house costing over seventeen thousand 
dollars. Two wings were adled in ] 877, with an additional expenditure of 
O\Ter four thousand. The first principal was U. S. Pershin, assisteù by l\lisses 
I,lay, Nort!1rup, and Polk. The fourth, or ]}ark School, was erected in 1878- 
9, on Park 
treet, at a cost of 642,000. The high s-chooloccupied the upper 
floor, and some grammar classes the lower. Each of these four schools had 
in 188) a sea
ing capacity of some 630, while the attendance was about four 
hunùred and seventy-tÌ\refor each. Two fine school buildings have been added 
since lßSO, one in the nor
h cnd of the city, called the Couch School, and one 
in the south end, named the Failing School, after two lJrominent pioneers of 
Portland. There ,vas a high school, three stories and basement, of the most 
modern design, which cost 
150,OOO. 
The State University, 'which received an endowment from the general 
government of over 46,000 acres of bonù, has realized therefrom over $70,000, 
the interest on which furnishes a small part of the means required for its sup- 
port, the remainder being derived from tuition fees. The institution passed 
through the same struggles that crippled prÏ\rate institutions. 
After expending the money appropriated by congress ill political squab- 
bles, it was for a long time doubtful if a university would be founded 
within the generation tor whom it was intended, when Lane county came to 
the rescue in the following manner: The citizens of Eugene City resolved in 
1872 to have an institution of learning of a higher grade than the common 
schools. An association was incorporated in August of that year, consisting of 
J. M. Thompson, J. J. 'Valton, Jr, 'V. J. J. Scott, B. F. Dorris, J. B. Under- 
wood, J. J. Comstock, A, S. Patterson, S. H. Spencer, E. L. Bristow, E. L. 
Apple
ate, and A. 'V. Patterson, of Lane county, which was called the 
Union University Association, ,vith a capital stock of 830,000, in shares of 
$100 each. During the discussions consequent upon the organization, a propo- 
sition was made and acted upon, to endeavor to have the state uui\-ersity 
located at Eugene. 'Vhen half the stock was subscribed and directors 
elected, the matter was brought before the legislature, of which A. 'V. Pat- 
terson was a member. An act was passeù establishiDg the state university 
lIIB1'. OB., VOL. II. 44: 



690 PUBLIC SCHOOLS AND BE:NEVOLE:NT IKSTITUTIONS. 


in September 1872, upon the condition that the Union University Association 
should procure a suitable building site, and erect thereon a building which 
,vith the furniture and grounds should be worth not less than $30,000, the 
property to be deeded to the board of directors of the state university free of 
an incumbrances, which was done. The la\v provided that the board of state 
university directors should consist of six appointed by the governor, and three 
elected by the Union University Association. The go\-ernor appointed 11atthew 
P. Deady, L. L. :McArthur, R. S. Strahan. T. G. Hendricks, George Hum- 
phrey, and J'. 1\1. Thompson, the three electea being B. F. Dorris, 'V. J. .I. 
Scott, andJ. J. 'V alton, Jr. At the first meeting of the board, in April 1873, 
Deady was elected president. 
The legislature gave substantial aid by appropriating $10,000 a year for 
1877-8. Eighteen acres uf land were se
ured in a good situation, and a build- 
ing erecteù of brick, 80 by 57 feet, three stories in height, with porticoes, man- 
sard roof, and a good modern arrangement of the interior; cost, $SO,POO. 
It was necessary to proyide for a preparatory department. The institution 
opened October lû, 187û, with 80 pupils in the collegiate and 73 in the l)re- 
paratory departments; 43 in the collegiate department were non-paying, the 
university law allowing one free scholarship to each county, and one to each 
member of the legislature. Owing to the want of money. there was not a full 
board of professors; those who were first to organize a class for graduation 
had many difficulties to contend with. The first faculty consisted only 
of J. 'V. Johnson, president and professor of ancient classics, Mark Bailey, 
professor of mathematics, and Thomas Condon, professor of geology and nat- 
ural history. The preparatory school was in charge of 1\1rs :Mary P. Spiller, 
assisted by .Miss :Mary :E. Stone. From these small beginnings was yet to 
grow the future university of the state of Oregon. In 1884 there were 7 regu- 
lar professors, 2 tutors, 215 students, and 19 graduates, R(>gents' Rept, 1878, 
Stute Univerljity; Or. ltIes.r;:. and Docs, 187û, 148-53; Deady's Ilist. (Jr., 1\18., 
55; Univer. (Jr. Catalogue, 1878, 18. 
State institutions for the education of deaf, dumb, and blind persons re- 
mained backward. The deaf-and-dumb school at Salem was organized in 
1870, with thirty.six pupils in attendance, in the building formerly occupied 
by the academy of the Sacred Heart, which was removed into a new onc. 
l.'ho legislature provided by act of 1870 that not more than 82,000 per annum 
of public money should be expended on the instruction of deaf-mutes. The 
legIslature of 1874 appropriated $10,000 for their maintenance, and the legis- 
lature of 1876, $12,000. The first appropriation for the blind was made in 
1872, amounting to 62,000; in 1874, $10,000 was appropriated; in 1876, 
88,000; and in 1878 a general appropriation of $10,000 was made, with no 
directions for its use, except that it was to pay for teachers and expenses of 
the deaf, dumb, and blind schools. III 1878 the institutß for the blind was 
closed, and the few under instruction returned to their homes; it was reopened 
and closeù again in 1884, waiting the action of the legislature. These insti- 
tutions have no fund for their support, but depend upon biennial appropri- 
ations. Like all the other public schools, they were for a time under the 
management of the state board of eùucation, but the legislature of 1880 organ- 
ized the school for deaf.mutes by placing it under a board of directors. Or. 
ltle8s. and Docs, 1882, 32. 
A protégé of the general government was the Indian school at Forest Grove, 
where a hundred picked pupils of Indian blood were educated at the nation's 
expense. The scheme was conceived by Captain C. :1\1. 'Vilkinson of the 
3d U. S. infantry, who procured several appropriations for the founding and 
conduct of the school. of which he was made first superintendent. The cx- 
periment began in 1880, and promised well, although the result can only be 
known when the pupils have entered actual life for themseh
es. 
Of special schools, there were a few located at .Portland. The homeopathic 
medical college, H. 1\lcKinnell, president, was a society rather than a school. 
The Oregon school and college association of natural history, under the 
presiùencyof Thomas Condon, was more truly a branch at large of the state 



PROSE AND POETRY. 


691 


uni\"'ersity. P. S. Knight, secretary, did much in Salem to de,"elop a. 
taste for studies in natural history, by example, lecturing, and teaching; 
while Condon, whose name was synonymous with a lo\'e of geological studies 
and other branches of natural science, did no less for The Dalles, Portland, 
Forest Grove, and Eugene. These with other friends of science formed 
an association for the cultivation and spread of the natural science branches 
of education, the seat of which was Portland. 
The Oregon l\ledical College of Portlan<l was formed by the union of the 
l\Iultnomah County 
ledical Society and the medicd department of the \Yil- 
.lamet.te University. The former society was founded about the begiuning of 
lSG5, and the latter organized in 18G7. Eighty-tl1ree doctors of medicine 
were graduated from the university in ten years. In 1877 it was determined 
to remove this branch of the university to Portland, where superior advan- 
tages might be enjoyed hy the students, anù ill February 18;3 the incorpora- 
tion of the Oregon l\ledical College took place, the incorporators bein
 R. 
Glisan, Philip Harvey, 'V. B. Cardwell, 'V. H. \Vatkins, R. G. Rex, O. P. 
S. Plummer, l\Iatthew P. Deady, and 'V. H. Saylor. 


LITERATURE. 


It cannot be said that Oregon has a literature of its own. Few states ha
e 
ever claimed this distinction, and none can properly do so before the llJen 
and women born on its soil and nurtured in its institutions ha\ye begun to 
send forth to the world the ideas evolved from the culture and observation 
obtained there. That there was rather more than a usual tendency to author- 
ship among the early settlers and visitors to this portion of the Pacific coast 
is true only because of the great number of unusual circumstances attending 
the immigration, the length of the jonrney, the variety of scenery, and the 
political situation of the country, which gave them so much to write about 
that almost without intention they appeared as authors, writers of newspaper 
letters, pamphleteers, publishers of journals, petitioners to congress, and re- 
corders of current events. It is to their industry in this respect that I am 
'indebted for a large portion of my material. Besides these authors, all of 
whom have been mentioned, there remain a few sources of information to 
notice. 
The Oregon Spectator has preserved some of the earliest poetry of the 
country, often without signature. Undoubtedly some of the best was written 
by transient persons, English officers and others, who, to while away the tc- 
dium of a frontier life, dallied with the muses, and wrote verses alternately 
to :Mount Hood, to l\lary, or to a Columbia Ri\'er salmon. Mrs 1\1. J. Bailey, 
George L. Curry, J. H. P., and many noms de plume appear in the Sp r ctat07.. 
l\Iount Hooù was apostrophized frcquently, and there appear verses a.dllressed 
to the different immigrations of 1843, 1845, aDd 1846, all laudatory of Oregon, 
and encouraging to the new-comers. Lieutenant Drake of the }'lodeste wrote 
frequ.ent effusions for the Spectator, most often addressed 'To :Mary;' and 
Henry N. Peers, another Engli
h officer, wrote 'The Adventures of a Colum- 
bia River Salmon,' a production worth preserving on account of its descrip- 
tive as well as literary merit. It is found in Or. Spectator, Sept. 2, 1847; 
Clymall's Þr
ote-Book, :MS., 9-10, refers to early Oregon poets. 
In point of time, the first work of fiction written in Oregon was The P.raÍ1'ie 
Flowe1., by S. 'V. l\loss of Oregon City. It was sent east to be published, 
and appeared with some slight alterations as one of a series of western stories 
by Emmerson Bennett of Cincinnati. One of its foremost characters was 
modelled after George 'V. Ebberts of Tualatin plains, or the Black Squire, as 
he was called among mountain men. Two of the women in the story were 
meant to resemhle the wife and mother-in-law of l\Iedorum Crawford. JJ!oss's 
Pictures Or. City, :MS., 18. The second novel was Captain Gray's Company, 
by 1\Irs A. S. Duniway, the incidents of which showed little imagination and 
a too literal observation of camp life in crossing the plains. l\lrs Duniway 
did better work later, although her abilities lie rather with solid prose than 



692 


LITERATURE. 


fiction. Charles Applegate wrote and published some tales of western liff', 
which he carefully concealed from those who might recognize them. The 
list of this class of authors is short, I do not know where to turn for another 
among thc founders of Oregon literature. Every college and academy had 
its literary society, and often they published some small monthly or hi-monthly 
journal, the contributions to which may be classed with school exercises 
rather than with deliberate authorship. 
:\1rs Belle \Y. Cooke of Salem wrote some graceful poems, and pub- 
lished a small volume under the title of Tears and Victory. 
lrs Cooke 
was mother of one of Oregon's native artists, Clyde Cooke, who stutlied in 
Europc, and inherited his talent from her. Samuel A. Clarke of Salem, au- 
thor of Sounds by the JVestern Sea, and other poems, wrote out many local 
legends in verse, with a good dcal of poetical feeling. See legend of the Cas- 
cades, in lImper's !llayazine, xlviii., Feb. 1874, 313-19. H. C. :Miller, 
better known as Joaquin l\Iiller, became the most widely famous of all 
Oregon writers, and has said some good things in verse of the mountains and 
woods of his state. It is a pity he had not e,.olved from his inner conscious- 
ness some loftier human ideals than his fictitious characters. Of all his pic- 
tures of life, none is so fine as his tribute to the Oregon pioneers, under the 
title of Pioneer8 of the Pacific, which fits California as well. 
l\liller married a woman who as a lyrical poet was fully his equal; but while 
he went forth free from their brief wedùecllife to challenge the plaudits of 
the world, she sank beneath the blight of poverty, and the weight of woman's 
inability to grapple with the human throng which surges O\yer and treads down 
those that faint by the way; therefore Minnie :\Iyrtle l\1iller, still in the 
prime of her powers, passed to the silent land. Among the poets of thc \Vil- 
lamette V alley, 
alUuel L. Simpson deserves a high rank, having written 
some of the fincst lyrics contributed to local literature, though his style is uu- 
even. A few local poems of merit have been written by .Mrs F. r. Victor, 
who came to Oregon by way of San Francisco in 1863, and published sev- 
eral prose books relating to the country. It seems most natural that all 
authorship should be con tined to topics concerning the country, its remoteness 
from literary centres amI paucity of population making it unlikely that any- 
thing of a general interest would succeed. This consideration also cramps all 
intellectual efforts except such as can be applie(l directly to the paying pro- 
fessions, such as teaching, medicine, and law, and restricts publication so that 
it does not fairly represent the culture of the people, which crops out only inci- 
dentally in public adùresses, newspaper articles, occasionally a pamphlet and 
at long il1ten.als a special book. I allude here to such publications as .Lll1.dlan's 
Overland Guide, Drew's Owyhee ReconnaÙ58ance, Condon',<J Report on State 
Geology, Snw,Zl's Oregon and hpr Resource8, Dufur's Statistic8 of Orpgon, 
Derr,dy's JVallamet v..... JVillamette, and numerous public addresses in pamphlet 
form, to contributions to the Oregon pioneer association's archives, Victor's All 
017(>1" Ure[lon and Washington, JJIU'I-phy's State Di.rectory, Gilisnn's Journal of 
Arm!! LiJ'f, and a large number of descriptive publications in paper covers, 
besides monographs awl morceaux of every descripton. 
The number of newspapers and periodicals published in Oregon in 1880, 
according to the tenth census, was 74, agains
 2 in 1850, 16 in 18ûO, and 33 in 
1870. Of these, 7 were dailies, 59 weeklies, 6 monthlies, 1 semi-monthly, and 
I quarterly. A few only of these had any particular significance. The 
Astoria.n, founded in 1872 by D, C. Ireland, on account of its excellence as 
a commercial and marine journal, should be excepted. The Inland Empire 
of The Dalles is also deserving of mention for its excellence in disseminating 
useful information on all topics connected with the development of the coun- 
try. The JVest Sho're, a Portland monthly publication, founded in August 
1873 by L. F;amuels, grew from an eight-page journal to a magazine of from 
twenty to thirty quarto pages, chiefly local in character, and profusely illus- 
trated with cuts representing the scenery and the architectural improvements 
of Oregon, \Vashington, Idaho, l\lontana, and British Columbia. The locality 
longest without a newspaper was Coos Bay, which, although settled early, 



PIONEER ASSOCIATIONS. 


ü93 


isolated by a lack of roads from the interior, and having considerable busi- 
DE'SS, had no printing-press until Octoher 1870, when the Jlonthly Guide was 
started at Empire City, a sheet of 4 pages about ß by 4 inches in size. It 
ran until changed into the C008 Bay.News in :March 1873, when it was en- 
larged to 12 by 18 inches. In September of the same year it was removed to 
ltlarshfield and again E'J1larged. 


PIONEER ASSOCIATION. 


The Oregon Pioneer Society was organized Octoher 8 anò 9, 1807, at 
Salem, in the hall of the house of representatÌ\?es, 'V. H. Gray being prime 
moyer. The officers elected were J. 'V. :Kesmith president, .Matthew P. 
Deady vice-president, I. N. Gilbert treasurer, and ]\ledorum Crawford secre- 
tary. Resolutions were offered to form cummittees to obtain facts concerning 
the immigration of 1843. and in reference to the civil and political condition of 
the country from its earliest settlement. 
In the mean time ,Yo H. Gray had founded the Oregon Pioneer and His- 
torical 
ociety, with its office at Astoria, which society made less of the social 
reunions and more of the collection of historical documents, and which held 
its first meeting in 1872. I have not been able to find a schedule of its fìrst 
proceedings, Truman p, Powers, one of Oregon's most venerable pioneers, was 
its presiùent in 18ì5. He has only recently died, It strikes one, in looking 
over the proceedings of that yea.r, that less sectarianism would be conducive to 
a better quality of history material. 
On the 18th of October, 1873, the original society reorganized as the Ore- 
gon Pioneér Association, with F. X. :;\lathiel1 president, J. \Y. Grim vice- 
president, ,y, H. Rees secretary, and Eli Cooley treasurer. It held its al1ui- 
versaries and reunions on the 15th of June, this being the day on which the 
treaty of boundary between Great Britain and the United States was con- 
cluded. Addresses were annually delivered Ly men acquainted with pioneer 
life and history. Ex-goyernor Curry delivered the first annual address No- 
yember 11, 187:
, since which time, Deady, Nesmith, Strong, Rees, Holman, 
Boisé, :ðIinto, Geer, Atkinson, Thornton, Evans, Applegate, Staats, Chadwick, 
Gro\-el', and others have contributed to the archives of the society valuable 
addres:5es. A roll of the members is kept, with place of nativity and year of 
immigration, and all are eligible as members who came to Oregon while the 
territory was under the joint occupancy of the United States and Great Brit- 
ain, or who were born or settled in the territory prior to .Tanuary I, IS.3-!, 
Biographies form a feature of the archives. The association offered to join 
with the historical society in 1874, but the latter decided that 'any material 
change in its organic existence would defeat the prime object of the society,' 
and they rcmaintd apart. The association is a popular institution. its reunions 
b
ing occasions of social intercourse as well as historical reminiscences, and 
occasions for the display of the best talent in the state. The transactions of 
each annual meeting are published in a neat pamphlet for presel'\yation. In 
1877 the men and women who settled the Rogue River and other southern 
yalleys, and whose isolation, n,ining adventures, and Indian wars gave them 
a history of their own, hardly identical with but no less interesting than that 
of the settlers of the 'Villamette Y alley, met at the picturesque village of 
Ashland ant} founlled the Pioneer Society of Southern Oregon on the l:Jth of 
September of that year, about 800 persons being present, Its fir
t officers 
were L. C. Duncan president, 'Villiam Hoffman secretary, N. S. Hayden treas- 
urer. E. L. Applegate delivered an address, in which he set forth the motives 
,'rhich animated, and the exploits which were performed by, the pioneers. 
Other adtlresses were made by Thomas Smith, E, K. Anderson, and J vim E. 
Ross. The society in It:;85 was in a prosperous condition. Portland UrC!Jo. 
'uian, Nov. IS, lSG7; Portland Advoratr, Sept. 14, 18û7; A.'itoria Asloricw, 
April 3, 187.3; Sac. Record-Uuion, April 3, 187.3; Portland Bulletin, Dec. 
6, IS71; Portland 07'pyonian, :March 9, 1872; Ashlattd Tidin9'
, Sept, 28, 1877; 
Jacksonville Times, April 12, 1878. 



694 


IM
1IGRATION SOCIETY. 


LIBRARIES. 


The original State Library of Oregon, as the reader knows, was destroyed 
by fire in 18,).3. The later collection numbered in 1883 some 11,000 \"olmnes, 
and was simply a law library, as there were few miscellaneous books. It 
contained no state historical documents or ,vritings of local authors to speak 
of. The annual appropriation of 87.30 was expended by the chief justice in 
purchasing books for the supreme court. 
The Library Association of Portland had the largest misceUaneous coHec- 
tion in the state. It was foundcd in l"ebruary ISG4: by subscriptions from a 
few promincnt men, amounting in all to a little over $1,500. At the end of 
the first year it had 500 volumes, and increased annually till in 1883 there 
wpre some 12,000 \Tolumes. .Although not large, this library was selected 
with more than ordinary care. the choice of books having been made princi- 
pally by Judge Deady, to whose fostering care its continued growth may he 
principally ascribed, although the institution is scarcely less inùebteù. to 'V. 
S. Ladd, for the free use of the elegant rooms over his bank for many years. 
The first board of directors was \Y. 
, La<ld, B, Goldsmith, L. H. \Vakp.1ìeld, 
H. 'V, Corbett, E. D. Slrattuck, C. H. Lewis, 'Vi!liam Strong, 'Y. :-;, Cald- 
well, P. C, Schuyler, J 1', and Charles Calef. The directors were (li,-iùed into 
five classes by lot, the first class going out at the expiration of two yearR, the 
second in four years, and so on to the end, hyo new (lirectors being electell 
biennially. The first oHicers of the association were \Y. 8. Ladd, pre
)Ìdent; 
'Villiam Strong, ,-ice-president; Bernard Goh1slllith, treasurer; Henry Failing, 
corresponding secretary; 'V. S. Cahlwell, recording secretary; H. "T. 
cott, 
'V. B. Canlwell, aIHl C. C. Strong, librarians. In 1872 the association em- 
ployed Henry A., Oxer a.'3 lilJral'Íall and rccording secretary, whose qualifica- 
tions for the dutic:5 ma.terially m;sisteù to pupularize the institution. Jud.;e 
Dea(1y has been presiding otlìcer for many years. 
The Pacific UnÎ\-ersity, State University, 'Villamette UnÏ\yersity, )Ion- 
mouth Uni versity, 
lc
l innville awl other colleges and schools, and the catholic 
church of Portland, maintained libraries for the use of those unùer tuition, and 
there were mauy private collections in the state. 


I
l}IIGRATION SOCIETY. 


The first society for the promotion of immigration was formed in ] 856, in 
New York, unùer the tide of .New York Committee of Pacific .Emigration. 
S. P. Dewey and 'V. T. Coleman of San Francisco, and Amory Holbrook and 
and A. :\IcKinlay of Oregon City, were present at the preliminary meeting at 
tile Tontine House, An appeal ,vas maùe to the people of Oregon to interest 
themselves in sustaining a board of immigration, aud keeping an agent ill 
Ncw York in common with the California Emigration Society, Ui'. Statnmlan, 
Feb. 3, 18.)7. The matter, however, seems to ha\"e been neglected, nothing 
further being heard about immigration schemes until after the close of the 
civil war, and after the settlement of Idaho and 
Iontana had intercepted the 
westward flow of population, reducing it to a minimum in the \V Illamette 
VaIlf'Y and everywhcre west of the Cascades, About 1868 the State Agricul- 
turalSociety appointed A. J. Dufur, its former president, to compile and puh- 
lish facts concerning the 'physical, geographical, anJ mineral' resources of the 
state, and a 'description of its agricultural development,' which he accord- 
ingly did in a }>amphlet of O\'er a hundred pages, which was distributed broad- 
cast and placed in the way of travellers. ])ujilr',<; Ur. Stati8tics, Salem, 18G9. 
In August 18G!) a Board of Statistics, Immigration, and Labor Exchange 
was formed at Portlall<l, with the object of promoting the increased settlenwnt 
o! the country, and furnishing immigrants with employment. The board con- 
sIsted of ten men, who managed the Lusiness and employed such agents as they 
thought best, but the revenues were derived from private subscriptions, Ten 
thousanù copies of pamphlets l'repared by the society were distributed the 



I:Ml\IIGRATION. 


695 


fi
t year of its existence, and the legislature was appealed to for help in fur. 
nishing funds to continue these operations, which were assisted by a suhordi. 
nate society at Salem. Or. Legist. Docs, 1870, II, app. I-II. In 1872 E. L. 
Applegate was appointed a commissioner of immigration by the legislature, 
with power to equip himself with maps, charts, and statistics in a manner prop. 
erly to represent Oregon in the United States aI}d Europe, and to 'counteract 
interested misrepresentations.' Or. Law!?, 1872, 38. The compensation for 
this scrvice was left blank in the law, from which circumstance, and from the 
additional one that Applegate returned to Oregon in the spring of 1872 as a 
peace commissioner to the l\Iodocs under pay, it is just to conclude that his 
salary as a commissioner of immigration was insufficient to the service, or that 
his services were inadequate to the needs of the country, or both. 
At the following session in 1874, the State Board of Immigration ,vas 
created, October 28th, the members of which were to be appointed by the 
governor to the number of five, who were to act without salary or other com- 
pensation, under rules of their own making. This act also authorized the 
governor to appoint honorary members in foreign countries, none of whom 
were to receive payment. O'r. Law.ç, 1874, 113. The failure of the legislature 
to make an appropriation compelled the commissioners appointed by the gov- 
ernor to solicit subscriptions in Portland. Considerable money was collected 
from business firms, and an agent was sent to San Francisco. Upon recom. 
mendation of the state board, consisting of 'V. S. Ladd, H. ,Yo Corbett, B. 
Goldsmith, A. Lienenweber and \Villiam Reid, the governor appointed twenty- 
four special agents, ten in the United States, ten in Europe, two ill New 
Zealand, and two in Canada. The results were soon apparent. Nearly 6,000 
letters of inquiry were recei \Ted in the eighteen months ending in September 
1876, and a perceptible mO\Tement to the north-west was begun. The easterll 
branch of the state board at Boston expended $24,000 in the period just 
mentioned for immigration purposes; half-rates were secured by passenger 
vessels and railway lines from .European ports to Portland, by which means 
about 4,000 immigrants came out in 1875, and over 2,000 in 1876, while 
the immigration of the following year was nearly twelve thousand. Or. l.Iess. 
and Docs, 1876, 14, 10; Portland Board of Trade, 1877, 17. 
On the 24th of January, 1877, the Oregon State Immigration Society 
organized under the private-corporations act of 1862, \vith a capital stock of 
$3UO,000, in shares of 8.3 each, the object being to promote immigration, col- 
lect and diffuse information, buy and sell real estate, and do a gencral agency 
business. The president of the incorporated society was A. J. Dufur, vice. 
president D. H. Stearns, secretary T. J. .Matlock, treasurer L. P. ,Yo Quimby. 
By-Laws Or. Emig. Soc., 16. An office was opened in Portland, and the 
society, chiefly through its president, performed considerable labor without 
any satisfactory pecuniary returns. But there was by this time a wide-spread 
interest wakened, which led to statisical and descriptive pamphlets, maps, and 
circulars by numerous authors, whoRe works were purchased aud made use of 
by the Oregon and California and Northern Pacific railroad companies to settle 
their lands, and by other transportation companies to swell their passenger 
lists. The result of these efforts was to fill up the eastern portion of 
Orcgon anù \Vashington with an active population in a few years, and to 
materially increase the wealth of the state, both by addition to its producing 
capacity, and ùya consequent rise in the value of lands in every part of it. 
The travel over the :Northern Pacific, chiefly immigration, was large 
from the moment of its extension to the Rocky l\lountains, and was in 18b.3 
still on the increase. 


RAILROADS. 


In February 1833 the Oregon legislath'e assembly, stirred hy the discus- 
sion in congress of a transcontinental ra.ilroad, passed a memorial in relation 
to such a road from the :Mississippi River to some point on the Pacific coast, 
this being the first legislativE' action with regard ta railroads in Oregon after 
the organization of the territory, although there had been a project spoken ofJ 



696 


RAILROADS. 


and eyen advertised, to build a railroad from St Helen on the Columbia to 
Lafayette in Yamhill county as early as 18.30. Or. 8pectat\Jr, Jan. 30, 1850. 
Knighton, Tappan, Smith, and Crosby were the -projectors of this road. 
in the latter rart of 18<33 came I. I. Stevens to Puget Sound, full of the 
enthusiasm of an explorer, and sanguine with regard to a road which should 
unite the Atlantic and Pacific states. Under the excitement of this confident 
hope, the legislature of 18.33-4 granted charters to no less thrrn four railway 
companies in Oregon, and passed resolutions asking for aid from congress. 
Or. Jour. COlUlC;Z, 1833-4, 123. The \Villamette Valley Hailroad Company, 
the Oregon and California Uailroad Company, the Cincinnati Railroad Com- 
pany, and the Clacka
nas Railroad Company were the four mentioned. The 
Cincinnati company proposed to build a road from the town of that name in 
l'olk county to some coal lands in the same county, Id., 123; Or.8tate8man, 
Aprillb, 183-1. The act concerning the Clackamas company is lacking among 
the laws of that session, although the proceedings of the council show that it 
passed. It related to the portage around the falls at Oregon City. Or. JOltf'. 
Council, H4, 93, 107. 1]6, 126. One of these companies went so far as to hold 
meetings and open books for subscriptions, but nothing further came of it. 
The commissioners were Frederick \Vayrnire, .Martin L, Barker, John Thorp, 
Solomon Tetherow , James S. Holman, Harrison Linllville, Fielder 
l. Thorp, 
J, C. Avery, and Jamcs O'Neil. Or. Statesma,n, April II and 25, 1834. This 
was called the \Villamette Valley Railroad Company. 
A charter was granted to a company styling itself the Oregon and Cali- 
fornia Railroad Company, who proposed to build a I'oad from Eugene City 
to 80me point on the east side of the \Villamette River below Oregon City, or 
possibly to the Columùia River. The commissioners for the Oregon and Cal- 
ifornia road were J...jot \Vhitcomb, N. I>. Doland, 'V, 1\Ieek, James B. Sh'phens, 
\Yilliam Holmes, Charles \Vallier, Samuel Officer, 'Villiam Barlow, John 
Gribble, Harrison \Vright, J. D. Boon, J. L. Parrish, Joseph Holman, \Vil- 
liam H, Rector, Daniel \Valdo, Bel1j. F. Harding, Samuel Simmons, Ralph 
C. Geer, \Villiam l>arker, Augustus R, Dimick, Hugh Cosgrove, Robert 
Kewcll, \Y. H. 'Villson, Green 
IcDonald, James Curl, B. H. Randall, Luther 
Elkins, John Crabtree, David Claypole, Elmore Keyes, James H. Foster, 
Ceorge Cline, John Smith, Anderson Cox, .John H. Lines, Jeremiah Duggs, 
John 
. Donnell, Asa 1\IcCully, Hugh L. Brown, James N. Smith, 'Yilham 
:Earle, 'V, 'V. Bristo\v, :MiltOll S. Riggs, James C. Robinson, P. 'Vilkins, 
\Viliiam Ste,.ens, Jacob Sporcs, Benjamin Richardson, E. F. Skinner, James 
Hetberly
 Felix Scott, Henry Owen, l1enjamin Davis, Joseph Bailey, J. ,Yo 
Nesmith, and 8amuel Brown, Id., April 4, 1834. Of this likewise nothing 
came except the name, which descendcù to a successor. Another corporation 
received a charter in 1837 to buiìd a road to Newport on Yaquina Bay, 
which was not built by the company chartered at that date. The only 
railroads in Oregon previous to the organization of the Oregon Central Rail- 
road Company, of which I am about to gÏ\?e the history, were the portages 
about the cascades and dalles of the Columbia and the falls at Oregon City. 
In ISG3 S. G. Eliot, ciyil engineer, Hmde a survey of a railroad line from 
1Ial'ysville in California to Jaekson,-ille in Oregon, where his labors ended 
and his party was disbanded. This survey was made for the California and 
Columbia n,iver Railroad Company, incorporated October 13, 1863, at .Marys- 
ville, California. Eliot elldeavorcd to raise mOlley in Oregon to complete his 
survey, but was opposed by the people, partly from prejudice against Califor- 
nian cnterprises. l1Iarysville AplJeaZ, June '27, ISG3; Portlaml Ore!Jollinn, Jan. 
4, ISG!; DeadY'8 SC1"ap-Bool
, 37, 56; Portland OJ'('gonian, Dec, 17. 18ö3. 
Joseph Gaston, the railroad pioneer of the \Villamette, then residing in Jack- 
son county, bcing deeply interested in tbe completion of the survey to the 
Columbia lli't'"er, took it upon himself to raise a company, which he placed 
under the control of A. C. Barry, who after serving in the civil war had come 
to the Pacific coast to regain his health. Barry was ably assisted by George 
H. Belden of the U. S. land survey, As the enterprise was wholly a volun- 
teer undertaking, the means to conduct it had to be raised by contribution J 



mSTORY OF THE OREGON CENTRAL. 


697 


and to this most difficult part of the work Gaston applied himself, A circular 
'Was prepared, addressed to the leading farmers and business men of the coun- 
try through which the surveying party would pass, inviting their support, 
while Barry was instructed to suhsist his men on the people along the line 
and trust to the favor of the public for his own pay. 
The novelty and boldness of those proceedings, while eliciting comments, 
did not operate unfavorably upon the prosecution of the survey, which pro- 
ceeded without interruption. the party in the field li,.ing sumptuously, and 
often being accompanied and assistcd l,y their entertainers for days at a time. 
It was not always that the people applicd to were so enthusiastic. One promi- 
llent man declared that so far from the country being able to support a rail- 
road, if one should be built the first train would carryall the freight in the 
country, the second all the passengers, and the third would pull up the track 
behind it and carry off the road itself. 'This same man,' remarks 
Ir 
Gaston, 'managed to get into office in the first railroad company, and has en- 
joyed a good salary therein for 13 years.' Gaston's Raih.oad lJel.'el]nnent in 
Ure!Jon, .MS., 8-9. Gaston continued to write and print circulars, \vhich were 
distributed to railroad men, county officers, government land-offices, and all 
persons likely to he interested in or able to assist in the organization of a 
l'ailroad company, both on the Pacific coast and in the eastern states, These 
open letters contained statistical and other information úbout tlw country, 
and its agricultural, mineral, commercial, and manufacturing resources. 
Hundreds of petitions were at the same time put in circulation, asking congress 
to grant a subsidy in bonds and lands to aiù in constructing a branch railroad 
from the Central Pacific to Oregon. 
By the time the legislature met in September, Gaston had Barry's report 
completed and printed, gidng a favorable view of the entire practicability of 
a road from Jackson,'ille to the Columbia at öt Helen, to which point it was 
Barry's opinion any road through the length of the 'Villamette Rh'er 
ought to go, although the survey was extendf'd to Portland. To this report 
was appended a chapter on the resources of Oregon, highly flattering to the 
feelings of the assembly. The document was referred to the committee on 
corporations, and James 
l. l>yle, senator from Douglas county, chairman, 
maue an able report, supporting the policy of granting state aid. Cyrus Ol- 
ney, of Clatsop county, drew up the tirst state subsidy bia, proposing to grant 
$2"'>0,000 to the company that should first construct 100 miles of railroad in 
the \Villamette Valley. The bill became a law, but no company ever accepted 
this trifling subsidy. Portland Or(>youiall, Sept. 7 and 1:1, 186-t; Barry's Cal. 
t!: OJ". R. R. SllTLY!Y, 34; 01'. Journal Senate, 18G4, ap. 3G-7; Portland 01'e;Jo. 
nian, Kov. 5, 1864; Or. Jour. Jloww, I8G4. ap. 183-0; Or, Stat(>sman, July 
23, 18G4; Portland Oi'eOOrÛfln, June 20, July 27, Aug. II, Sept, 13, Oct. 
29, 1864. In November, however, after the adjournment of the legisla- 
ture, an organization was formed unùer the name of the \Yillamette Valley 
Railroad Company, which opened books for subscription, and filed arti- 
cles of incorporation in December. ld.. Noy. 12 and 17, and Dec. 2, ISG4; 
Deady'.,; SCl'al)-Bool
, 107. The incorporators were J. C. Ainsworth, H. 'V. 
Corbett, 'V. S. LaJJ, A. C. Gibbs, C, N. Carter, I, R. :Moorcs, anI} E. N. 
Cooke. Ainsworth was president, and George H. Belden secretary. Belden 
was a cidl engineer, and had been chief in the sUr\'eyor-general's office, but 
resigned to enter upon the survey of the Oregon and California railroad. Or. 
A1'rJu.
, 
Iay 25, 186:1 Barry meantime proceeded with his reports and peti- 
tioIls to "7' ashington, where he expected the coöperation of Senators 'Yilliams 
and Nesmith. The latter did indeed exert his influence in behalf of con- 
gressioIlal aid for the Oregon branch of the Central Pacific, but Barry hecame 
weary of the uncertainty and delay attendant upon passing bills through con- 
gress. and giving up the project as hopeless, went to \V arsaw, .Missouri, wlwre 
he entered upon the practice of law. 
Before Barry quitted \Yashington he succeeded in having a bill introduced 
in the lower house by Cole of California, the terms of which granted to the 
California ana Oregon Railroad Company of California, and to such company 



698 


RAILROADS. 


organized under the laws of Oregon as the legislature of the state sbould 
designate, twenty alternate sections of land per mile, ten on each side of the 
road, to aid ill the construction of a line of railroad and telegraph from some 
point on the Central Pacific railroad in the Sacramento Valley to Portland, 
Oregon, through the Rogue River, Umpqua, and 'Villamette valleys, tl
e Cal- 
ifornia company to build north to the Oregon boundary, and the Uregon com- 
pany to build south to a junction with the California road. COlZg. Gl.Jbe, 
186j-6, ap. 388-9; Zabri"kie'8 Land Laws, 637; Veatche's Or., 12-21. This 
bill, which was introduced in December 1804, did not become a law until 
July 23, 1806, and was of comparatively little value, as the line of the road 
passed through a country where the best lands were already settled upon. 
The bill failed in congress in 1863 because Senator Conness of California 
refused to work with Cole. It passed the hOllse late, and the senate not at 
all, 8. F. Bulletin, 
Iarch 8, 1863; EUflene Review, in Portland Oregonian, 
April 1 and 26, 1865. The California and Oregon railroad had already filed 
arLides of incorporation at Sacramento, its capital stock being didded into 
150,000 shares at 8100 a share. 'Vhen the subsidy bill became a law the 
Oregon Central Railroad Company was organized, and the legislature, accord- 
ing to the act of congress, designated this company as the one to receive the 
Oregon portion of the land grant, at the same time passing an act pledging 
the state to pay interest at se,
ea pcr cent on one million dollars of the bon(ls 
of the company, to be issued as the work progressed on the- first hundred 
miles of road. This act was repealecl as unconstitutional in 1868. Or. Laws, 
18ùG, 18ü8, 44-5: Deady's Scralì-Book, 170; S, F. Bnlletin, Oct. 23 and Nov. 
2, 1866. See special mes8age of Gov. 'Voorls, in Sac. Union, Oct, 22, 1866. 
Articles of incorporation were filed November 21, 1866. The incorporators 
were n, n. Thompson, E. D. Shattuck, J. C. Ainsworth, John .McCracken, 
S. G. Ree'ì, 'V. S. Ladd, H. 'V. Corbett, C. H. Lewis of Portland, :11. :11. 

Iclvin, Jesse Applegate, E. R. Geary, S. Ellsworth, F. A. Chenoweth, Joel 
Palmer, T. H. Cox, I. R. :1100res, George L. Woods, J. S. Smith, B. F. 
Brown, and Joseph Gaston. Ga::;ton's Railroad Development of Or., l\IS., 
15-1G. 
The incorporators elected Gaston secretary and general agent, authorizing 
him to open the stock-books of the company, and canvass for subscriptions, 
which was done with energy and success, the funds to constl'uct the first 
twenty-1ì'
e miles being promised, when Eliot, before mentioned, suddenly 
appeared in Oregon with a proposition signed A. J. Cook & Co" whereby the 
Oregon company was asked to turn over the whole of its road to the people 
of California to build. The compensation offered for this transfer was the 
sum of 830,000 to each of the incorporators, to be paid in unassessable pre- 
ferred stock in the road. To this scheme Gaston, as the company's agent, 
offered an earnest opposition, which was sustained by the majority of the 
incorporators; but to the Salem men the bait looked glittering, and a division 
ensued. A new company was projected by these, in the corporate name of 
the first, the Oregon Central Railroad Company, with the e\Tident intention 
of driving from the field the origirml company, and securing under its name 
the land grant and state aid. A struggle for control now set in, which was 
extremely damaging to the enterprise. Seeing that litigation al1ù delay must 
ensue, the capitalists who had contracted to furnish funds for thc first 
twenty-five miles of roac1 at once cancelled their agl'cement, refusing to Sllp- 
port either party to the contest. Gaston, who determined to carry out the 
original object of his company, in ordcr to avoid still further trouble with the 
Salem party, located the line of the Oregon Ct'ntral on the west side of the 
'Villamette River, and proceeded again with the labor of securing financial 
support. The Salem company naturally desiring to build on the east side of 
the river, and assuming the name of the original corporation, gave rise to the 
custom, long prevalent, of calling thc two companies by the distinctive titles 
of East-Sidc and 'Vest-Side companies. 
While Gaston was going among the people delh
ering addresscs and taking 
subscriptions to the west-side road, the east-side company, which organized 



. 


RIVAL C01IP ANIES. 


699 


April 22, 1867, proceeded in an entirely different manner to accomplish their 
end. be\t:n men subscribed each one share of stock, at 8100, and electing 
one of their Immber president, passed a resolution authorizing that officer to 
subscribe se\>en million dollars fm. the company. This lIlanæuvre was con- 
trary to the incorporation law of the state, which required one half of the 
capital stock of a corporation to be subscribed before the election of a ùoard 
of directors. The board of directors elected by subscribing 8100 each were 
J. H. :Moores, I. R. 
Ioores, George L. \Y oods, E. N. Cooke, Samuel A. 
Clarke. 'V oods was elected president, and Clark secretary. To these ,vere 
subsequently aùded J. H. Douthitt. F. A. Chenoweth, Green B. Smith, S. 
Ellsworth, J. H. D. Henderson, S. F. Chadwick, John E. Ross, A. L. Loye- 
joy, A. F. Hedges, S. B. Pa.rrish, Jacob Conser, T. 
IcF. Patton, and John 
I.'. .:\IiIJer. Ga..,to/t's Railroad Det"elopment in Or., 
IS" 22-3. Before the 
meeting of the next lcgis]ature, thirteen other directors were addcd to the 
Loanl, being prominent citizens of different counties, who it was hoped would 
have iufluence wid1 that body, anù to each of these was presented a share of 
the stock subscribed by the president. So far there haù not been a bona 
fide subscription by any of the east-side company. In order to hold his own 
against this specious tinanciering, Gaston, after raising considerable money 
among the farmers, subscribed in his own name half the capital stock, amount- 
ing to 
2,30v,OOO. As a matter of fact, he had 110 money, hut as a matter of 
law, it was necessary to have this amount subscribed before organizing a 
board of directors for his company. This hoard was elected 
lay 23, 1867, 
at a meeting heltl at Amity. The first board of directors of the Oregon Cen- 
tral (west-slùe) were \Y. C. \Vhitson, James 
l. Belcher, 'V. T. Newby, 
Thomas R. Cornelius, and Joseph Gaston. Gaston was elected president, 
and \Yhitson secretary. Both companies, being now organized, proceeded to 
carry out their plans as best they couili. Elliot, as agent of the east-side 
11arcy, went east to find purchasers for the bonds of the company, while Gas- 
ton continueù to canvass among the l)eople, anù also began a suit in equity 
in :Marion county to restrain the Salem company from using the Imme of the 
Oregon Central company, Gúston appearing as attorney for Flailltiffs, and 
J. H. :Mitchell for the defcnùants. On trial, the circuit j uùge avoided a 
decision by holding that no actual damage had been sustained. :l\1itchell 
then became the leading spirit of the east-side company, and the two parties 
contended hotly for the ascendcncy by circulating printed documents, and 
holùing correspondence with bankers and brokers to the injury of each other. 
A suit was also commenced to annul the east-side company, on the ground of 
illec;al organization. :Meanwhile Elliot was in Boston, anù was on the point 
of closing a contract for a large amount of material, when Gaston's circulars 
reached that city, causing the failure of the transaction, anù compelling 
Elliot to return to Oregon, having secured only two locomotives ant! some 
shop material, which he had already l)Urchased with the Londs of his com- 
rany. A compromise would now havë been accepteù by the east-side party, 
hat the west-side would not agree to it, anù ill point of fact could not, because 
tlw people on that side of the valley, who were actual subscribers, would not 
consent to have their road run on the east side, and the people on that side 
would not subscribe to a road on the other. 
By the first of April, 18G8, both parties haù their surveyors in the field 
locating their lines of road. Portland Oregonian, !\Iarch 11, 1868. The west- 
side company had secured 825,000 in cash subscriptions in Portland, and as 
much more in cash and lands in the counties of 'Vashington and Yamhill. 
The city of Portland had also pledged interest for twenty years on 8230,000 
of the company's bonds. \Vashingtol1 county had likewise pledged the inter- 
est on $30,000, and Yamhill on $7.3,000. Thus $373,000 was made available 
to begin the construction of the Oregon Central. The east-side company had 
also raised some money, and advertisell that they would formally break 
grounll near East Portland on the 16th of April, 1868, for which purpo')e bands 
of music and the presence of the militia were engageù to give eclat to the 
occasion. An address by "\V. ,Yo Upton was announced. 



'100 


RAILROADS. 


The west-side company refrained from advertising, but made preparations 
to break ground on the 14th, and issued posters on the day previous only. At 
ten o'clock of the llay appointed a large concourse of people were gathered in 
Caruther's addition to celebrate the turning of the first sod on the Oregon 
Central. Gaston read a report of the condition of the company, and speeches 
were made by A. C. Gibùs and \V. \V, Chapman. This ended, I\1rs David 
C. Lewis, wife of the chief engineer of the company, lifted a shovelful of 
earth amI cast it upon the grade-stake, which was the signal for loud, long, 
and cnthusiastic che
ring, which so excited the throng that each contributed 
a few minutes labor to the actual grading of the road-bed. Thus on the 14th 
of April, 1868, was begun the first railroad in Oregon other than the portages 
above mentioned. On the 16th the grander celehration of the past-side com- 
pany was carried out according to programme, at the farm of Gideon Tibùets, 
south of East Portland., and on this occasion was used the first shovel made 
of Oregon ir'On. Portland Or(Jgollian, April 18, 1868; illcCormick's Portland 
Dir., ]869, 8-9. The shovel was ordered by Samuel .M. Smith, of Oswego 
iron, and made at the \Vi!1amette Iron \V orks by \Villiam Buchanan, It was 
shaped unùer the hammer, the handle being of maple, oiled with oil from the 
Salem miPs. It was formally presente(L to the officers of the company on the 
l.jth of April. Portland Ûre:Jonillr/, April 14, 16, and 17, 18G8. 
Actual railroad building ""vas now begun on both sid
s of the \Villamette 
River; but the companies soon found themsel\'es in financial straits. The east- 
side management was compelled in a short time to sell its two locomotives to 
the Central Pacific of California, although they bore the names of George 
L. \V oods and I. R. :Moores, the first and second presidents of the organiza- 
tion. A vigorons effort was made to induce the city council uf POl'tland to 
pledge the interest for twenty years on $GOO,OO
 of the east-side bonds, in 
which the company was not successful. It is related that, beir}g in a strait, 
EHiot proposed to inform the men employed, appealing to them to work 
another month on the promise of payment in the future. But to this propo- 
siti.1ll his superintendent of construction replied that a better way woul.l be 
to keep the men in ignorarwe. He went among them, carelessly suggesting 
that as they did not need their money to n
e, it would be a wise plan to draw 
only their tobacco-money, and leave the remainder in the safe for security 
against loss or theft. The hint was a,lopted, the money was left in the safe, 
an(1 served to make the same show on another pay-day, or until Holladay 
came to the company's rejcf, Ga...ton's Railroad .lJevdopmc1lt in 0/'., 118., 
34-5. 1\ or wa
 the west-side company more at ease. Times were hard with 
the fa.rmers, who could not pay up their subscriptions. The lands of the 
company could not be sold or pledged to Portland bankers, and affairs often 
looked desperate. 
The finallcial distresses of both parties deterred neither from aggressive 
warfare upon the other, The west-side company continually pressed proceed- 
ings in the courts to have its riyal declared 110 corporation, but no decision 
was arrive(1 at. Gaston dec1ares that the judges in the third and fourth jUùi- 
cial <.listricts evaded a decision, 'their constituents being equally divided in 
supporting the rival companies.' Id., 38. Failing of coming to the point in 
this way, a land-owner on the east side was promptl'd to refuse the right of 
way, and when the case came into court, the answer was set up that the com- 
pany was not a lawful corporation, and thcrefore Hot authorized to condemn 
lands for its purposes. The attorneys for the company "\vithdrew from court 
rather than meet tLe question, and made a re-location of the road, thus foiliug 
again the desi2'n of the west-side c0mpany. 
Portlan(l heing upon the west side of the river, and the emporium of capi- 
tal in Oregon, it was apparently only a qnestion of time when the west-side 
road should drive the usurper from the field, and so it must ha,-e done had 
there bcen no foreign interference, But the cast-side company had been seek. 
ing aid in California, and not withou t success. In August 1868, Ben Holla- 
da
, of the overland stage company and the steamship line to San Francisco, 
arn ved in Oregon. He represented himself, and was belie\Ted to be, th
 pos- 



HOLLADAY TO THE RESCUE. 


701 


ßessor of millio:
s. A transfer of aU the stock, bonds, contracts, and all 
property, real and personal, of the east-side company was made'to him. The 
struggle, which had before been nearly equal" now became one between a 
corporation without money and a corporation with millions, and with the 
support of those who wished to enjoy the benefits to he conferred by thid 
wealth, both in building railroads and in furnishing salaried situations to its 
friends. The first thing to be ùone was to get rid of the legislative enact- 
ments of 186ü, designating the original Oregon Central company as the proper 
recipient of the land grant and state aid. 
C)n the convening of the legislature, Holladay established himself at Salem, 
where he kept open house to the members, whom he entertained royally as to 
expenditure, and Hl16arly as to all things else. The displayand the hospitality 
were not without effect. The result was that the legislature of 1868 revoked 
the rights granted to the Oregon Central of 186ü, and vested these rights in 
the later organization under the same name. The cause assi
ned was that 
'at the time of the adoption of the said joint resolution as aforesaid no snch 
company as the Oregon Central Railroad Compar}y was organized or in exist- 
ence, and the said joint resolution was adopted under a misapprehension of 
facts as to the organization and existence of such a company.' Or. Lau.s, 
18G8, 109-10. It was alleged that the original company, in their haste to 
secure the land grant by the designation of the legislature, which meets only 
once in two years, had neglected to file their incorporation papers with the 
secretary of state previous to their application for the favor of the legislature, 
the actual date of incorporation being NO\'ember 21st, whereas the resolution 
of the legislature designating them to receive the land grant was passed ou 
the 20th of October, a month and a day before the company had a legal exist- 
ence. In his Rail-road De1.:elopment in O}'., :MS" 15, Gaston says that the 
Oregon Central filed its incorporation papers accon1ing to law before the legis- 
lative action, but withdrew thcm temporarily to procure other incorporations, 
and it was this act that the other company turned to account. By the terms 
of the act of congress making the grant of land, the company taking the fran- 
chise must file its assent to the grant within one year from the passage of the 
act, and complete the first twenty miles of road within two years. The west- 
side company had fiied its assent within the prescribed time, which the other 
had not, an illegality which balanced that alleged against the west-side, e\"en 
had both been in all other respects legal. 
And now happened one of those fortuitous circumstances which defeat, 
occasionally, the shrewdest men. The west-side management had sent, in .May, 
half a million of its bouds to London to be sold by Edwin Russell, manager 
of the Portland branch of the bank of British Columbia. Just at the moment 
when money was most needed, a cablegram from Russell to Gaston informed 
him that the bonds could he disposed of s
 as to furnish the funLls and iron 
necessary to construct the first twenty miles of road, by selling tllf'm at a low 
price. Gaston had the power to accept the offer, but insteaù of ùoing so 
IJrOmptly, anù placing himself on an equality with Holladay pecuniarily, 
he referred the matter to Ainsworth, to whom he felt under obligations for 
past favors, and whom he regarded as a more experienced financier than him- 
self, and the latter, after deliberating two days on the subject, cabled a re-. 
fusal of the proposition. 
Ainsworth had not intended, however, to reject all opportunities, but a 
r.ontrp,ct was taken by S. G. Reed & Co., of which firm Ainsworth was a 
nlembpr, to complete the twenty miles called for by the act of congress, of 
which five of the most expensive portion had been built, and Reed became in- 
volved with Gaston in the contest for supremacy between the two companies, 
while at the same time pushing ahead the construction of the road from 
Portland to Hillsboro, by which would be earned the Portland subsidy of a 
4uarter of a million. 
To prevent this, Holladay's attorneys caused suits to he brought declaring 
the west-side company's acts void, and to pre'7ent the issuance to it of the 
bonds of the city of Portland and \Vashington count)9, in which suits they 



';02 


RAILROADS. 


were successful, thus cutting off the aid expected in this quarter. At the 
same time the quarrel was being prosecuted in the national capital, the newly 
elected senator, Corbett, befriending the original company, and Gcorge H. 
'Villiams, whose term was about to expire, giving his aid to Holladay. See 
correspondence in Sen. Rept, 3, 1869, 41st congo 1st sess. 
An appeal was made to the secretary of the Interior, whose decision was, 
that according to the evidence before him neither company had a legal right 
to the land grant in Oregon, which had lapsed through the failure of any 
propcrly organized and authorized company to file acceptance, and coultl only 
be rcvi\'ed by further legislation. This decision was in consonance with 
'Yilliams'views, who had a bill already prepared extending the time for 
filing assent so as to allow any railroad company heretofore designated by the 
lcgislature of Oregon to file its assent in the department of the interior 
within one year from the date of the passage of the act; provided, that the 
rights already acquired under the original act were not to be impaired by 
the amendment, nor more than one company be entitled to a grant of land. 
Cona. Globp, 18G9, app. 51, 41st congo 1st sess. This legislation placed the 
companies upon an cqual footing, and left the question of legality to be de- 
cided in tl1e Oregon courts, while it prevented the state of Oregon from 
losing the. franchise should either company complete twenty miles of road 
whi.ch should be accepted by commissioners appointed by the president of 
the United States. The act of April 10, 186D, does not mention any exten- 
sion of time for the completion of the first twenty miles, but by implication 
it might be extended beyond the year allowed for filing assent. 
'Vhile the east-side company was thus successful in carrying out its en- 
deavor to dislodge the olùer organization, suit was brought in the United 
Statcs district court, Deady, justice, to enjoin the usurper from using the 
name of the original company, Dea<1y deciding that although no actual dam- 
age followed, as the defence attempted to shovi T , no subscquently organized 
corporation could lawfully use the name of another corporation. This put an 
end to the east-side Oregon Central company, \vhich took steps to transfer its 
rights, property, and franchises to a new corporation, styled the Oregon and 
California Railroad Company. The action of congress in practically deciding 
in favor of tbe Holladay intcrest caused S. G. Reed & Co. to abandon the 
construction contract, from which this firm withdrew in 1\1ay ISGD, lea\'ing 
the whole hopeless undertaking in the hands of Gaston. \Vithout rcsources, 
and in debt, hc resolved to persevere. In the treasury of 'Yashington county 
were several thousand dollars, paid in as interest on the bonds pledged. He 
aprlied for this money, which the county officers allowed him to use in graù- 
ing the road-bed during the summcr of 18G9 as far as the town of Hillsboro. 
This done, he resolved to go to \Vashir}gton, and before leaving Oregon made 
a tour of the west-side counties, reminding the people of the injustice they 
had suffered at the hands of the courts and legislature, and urging them to 
unite in electing men who would give them redress. 
Gaston reached the national capital in December ]869, Holladay having 
completed in that month twenty miles of the Oregon and CaJifornia road, and 
become entitled to the grant of land which Gaston had been the means of se- 
curing to the builder of the first railroad. His business at the capital was to 
obtain a new grant for the Oregon Central, and in this he was successful, be- 
ing warmly supported by Corbett and \Villiams, the latter, howcver, refusing 
to let the road be extcnded farther than McMinnYille, lest it should interfere 
with the designs of Holladay, but consenting to a branch road to Astoria, 
with the accompanying land grant. A Lill to this effect became a law 
lay 1, 
18ïO. Cony. Globe, 18ü9-70., app. 64t-5. \Vhile the bill was pending, Gas- 
ton negotiated a contract in Philadclphia for the construction of 150 miles of 
railroad, which would carry the line to the ncighborhood of Euger}e City, to 
which point another hill then before congress proposed to give a grant of land. 
The Oregon lcgislature passed a joint resolution, instructing their scnators in 
'Vashington to give their support to the construction of a railroad from 
alt 
Lake to the Columbia Rh"er, Portland, and Puget Sound; and to a railroad 



JOSEPH GASTON. 


703 


from the big bend of Humboldt River to Klamath Lake, and thence through 
the Rogue, Umpqua, and 'Villamette valleys to the Columbia River. Ur. 
Lwcs, lö68, 124-5; U. S. 8en. 
lli8C. Doc., 14, 41st congo 3d sess.; Or. Lau.s, 
1870, 179-82, 194. 
Anticipating its success, Gaston ventured to believe that he could secure, as 
it was neeùed, an extension of his grant, which should enable him to complete 
the line from \Villnemucca on the Humboldt to the Columhia. This also 
was the agreement between B. J. Pengra, who represented the 'Yinnemucca 
scheme, Gaston, and the senators. But Holladay, who was in'Vashington, 
fearing that Pengra would bring the resources of the Central Pacific into 
Oregon to oyerpower him, demanded of 'Villiams that Pengra's bill should 
be amended so as to compel the 'Yinnemucca company to form a junction 
\\ ith the Oregon and California at some point in southern Oregon. The 
amendment had the effect tu drive the Central Pacific capitalists away from 
the 'Yinnemucca enterprise, and the Philadelphia capitalists away from the 
Oregon Central, leaving it, as before, merely a local line from Port1and to 
Ic- 
1\linnville. Thus Holladay became master of the situation, to build up or 
to destroy the railroad interests of Oregon. He had, through Latham of Cal- 
ilornia, sold his railroad bonds in Germany, and had for the time being plenty 
of funds with which to hold this position. In order to embarrass still further 
the Oregon Central, he bought in the outstanding indebtedness, and threat- 
ened the concern with the bankruptcy court and consequent annihilation. 
'1'0 avert this disastrous termination of a noble undertaking, Gaston was com- 
pelled to consent to sell out to his enemy, upon his agreement to assume all 
the obligations of the road, and complete it as designed by him. 
Having now obtained full control, and being more ardent than prudent in 
his pursuit of business and pleasure alike, Holladay pushed his two roads 
forward rapidly, the Oregon and California being completed to Albany in 
urn, to Eugene in 1872, and to Roseburg in 1873. The Oregon Centrd ,'.-as 
opened to Cornelius in 18ïl, and to St Joe in 1872. These roads, although 
still merely local, had a great influence in developing the country, imlucing 
immigration, and proIDQting the export of wheat from \Villamette direct to 
the markets of Europe. 
But the lack of prudence, before referred to, and reckless extravagance in 
pri,'ate expenditures, shortened a career which promised to be useful as it was 
conspicuous; and when the Oregon amI California road had reached RoseLurg, 
the German bondholders began to percehre some difficulty about the payment 
of the interest, which difficulty increased until 1876, when, after an exami- 
Dation of the condition of the road, it was taken out of Holladay's hands, 
and placed under the management of Henry Villard, whose brief career 
ended in financial failure. 
Joseph Gaston, a descendant of the Huguenots of North Carolina, was born 
in Belmont county, Ohio. His father dying, Joseph worked on a farm until 
16 years of age, when he set up in life for himself, having but a common- 
school education, and taking hold of any employment which offered until 
by study he had prepared himself to practice law in the supreme court of 
Ohio. His grand-uncle, \Yilliam Gaston, was chief justice of the supreme 
court of North Carolina, anù for many years J;nember of congress fl"Om that 
state, as also foundcr of the town of Gaston, N. C. His cousin, 'Villiam 
Gaston, of Boston, was elected governor of )Iassachusetts in 1874, being the 
only democratic governor of that state within 50 years. Joseph Gaston 
came to Jackson county, Oregon, in 1862, but on becoming involved in 
railroad projects, remO\-ed to Salem, and afterward to Portlanù. Although 
handling large sums of money and property, he was not benefited by it. 
When Holladay took the Oregon Central off his hands, he accepted a position 
p.s freight and passenger agent on that road, which he held until 1875, 
when he retired to his farm at Gaston, in \Vashington county, where he re- 
mained until 1878, when he built and put in operation the narrow.gal1ge 
railroad from Dayton to Sheridan, with a branch to Dallas. This enter- 
prise was managed solely by himself, with the support of the farwers of 



704 


RAILROADS. 


that section. In] 880 the road was sold to a Scotch company of Dundee, 
representeù by'Villiam Reid of Portland, who extended it twenty miles 
farther, and built another narrow-gauge from Ray landing, below the Yam- 
hill, to Browns,'ille, all of which may be properly said to haye resulted from 
Gaston's enterprises. Then he went to live in Portland, where he did not 
rank among capitalists-in these days of sharp practice, not always a dishon. 
orable distinction. 
K 0 sooner ùid railroad enterprises begin to assume a tangible shaI)e in 
Oregon, than several companies rushed into the field to secure land grants and 
other franchises, notably the Portland, Dalles, and Salt Lake company, the 
\Vinnemucca company, the Corvallis and Yaquina Bay company, and the 
Columbia Rh"er and Hillsboro company. Vancouver Rc:/i8ter, Aug. 21, 18G!); 
Or. Laws, 18GB, 1:27-8, 140-1, 143; ld., 1870; 11. Ex, Doc., I, pt iy. vol. vi., 
pt I, p, xvii" 41st congo 3d sess.; Zltbriskie's Laud Laws, supp. 1877, 6; 
Portland Board of Trade Rept, 1875,6-7,28: ld,. 1876, 4-ü; fd., 1877, 14-15. 
Owing to a conflict of railroad interests, and fluctuations in the money 
market, neithcr of these roads was begun, nor any outlet furnished Oregon 
toward the cast until Villard, in 1879, formed the idea of a syndicate of Amer- 
ican and European capitalists to faci1itate the construction of the Northern 
Pacific, and combining its inttrests with those of the Oregon roads by a joint 
management, which he was successful in obtaining for himself. E. Y. Smalley, 
in his Ij-i.
to'ì'Y uf the ]{ orthern Pacific Railrofld, published in 1883, has given 
a minute narrative of the means used by Villard to accomplish his object, pp. 
262-76. Dndcr his vigorous measures railroad progress in Oregon anel 'Vash- 
ington was marvellous. Not only the Northern Pacific was completed to 
Portland, and the Columbia River, opposite the Pacific ùivision at Kalama, in 
1883--t, but the Oregon system, under the names of the Oregon Railway and 
1\adgation and Oregon and Transcontinental lines, was extended rapidly. 
The Oregon Railway and Navigation Company owned all the property of the 
former Oregon Steam Navigation and Oregon Steamship companies. It was 
incorporated June 13, 1879, Villard president, and Dolph vice-president. Its 
first board of directors consisted of Artemus H. Holmes, 'Yilliam H, Starbuck, 
James B. Fry, and Villard of Ncw York, and George 'V. 'Veidler, J. C. Ains- 
worth, S. G. Reed, Paul Schulze, H. 'V. Corbett, C, H. Lewis, and J. N. 
Dolph of Portland. The Oregon and Transcontinental company was formed 
June 1881, its object Leing to Lring under one cOJ.1.trol the Northern Paciiic 
and Ore3on Railway and Navigation companies, which was done by the 
wholesale purchase of Northern Pacific stock by Villard, the president of the 
other company. Its first board of directors, cho'3en September 15, 1881, con- 
sisted of .Frederick Billings, Ashbel H. Barney, John \r. Ellis, Rosewell G. 
Rolston, Robert Harris, Thomas :F, Oakes, Artemus H. Holmes, and Henry 
Villard of New York, J. L. Stackpole, Elijah Smith, and Benjamin P. Cheney 
of Boston, John C. Bullitt of Philadelphia, and Henry E. Johnston of Balti- 
more. Villard was elected president, Oakes vice-president, Anthony J. 
Thomas second ,-ice-president, Samuel \\ïlkinson secretary, and Robert L. 
Belknap treasurer. Smalley's lJist. N. P. Railroad, 270-1. 
Seven years after Holladay was forced out of Oregon, the Oregon Central 
was completed to Eugene, the Oregon and California to the southern boundary 
of Douglas county, the Dayton and Sheridan narrow-gauge road constructed 
to Airley, twenty miles south of Sheridan, and another narrow-gauge on the 
east side of the \Villamette making connection with this one, and running 
south to Cobllrg in Lane county, giving four parallel lines through the heart 
of the yalley. A wiùe-gauge road was constructed from Portland, by the way 
of the Columbia, to The Danes, and eastward to Umatilla, Pendleton, and 
Baker City, on its way to Sllake River to meet the Oregon short line on the 
route of the Portland, Dalles, and Salt Lake roarl of 1868-9. North-eastwarcl 
from Umatilla a line of road extended to \Vallula, 'Valla 'Valla, Dayton, 
Grange City ill 'Vashington, and Lewiston in Idaho; while the Northern Pa- 
citic sent ou t a branch eastward to gather in the crops of the Palouse region at 
Colfax, Farmington, and 
loscow; and by the completion of the Oregon 



CHAPM.AN, PENGRA, AND 
10NTGOMERY. 


705 


short line and the Oregon and California branch of the Central Pacific, there 
were three transcontinental routes opened from the Atlantic to the Columbia 
R.iver. In 1883 a railroad was in process of construction from the \Villamette 
to Yaquina Bay, destined to be extended east to connect with an overland 
road, and anothcr projected. The projectors of the \Vinnemucca and Salt Lake 
roads dpserve mention. Both had been surVf
yor-gellerals of Oregon. \V. \V. 
Chapman, who was appointed in territorial times, and was thoroughly ac- 
quainted with the topography of the country, selected the route via the Colum- 
bia and Snake. rivers to Salt Lake, both as one that would be free from snow 
and that would de\'elop eastern Oregon and \Vashington and the mining re- 
gions of Idaho. He made extensive surveys, attended several sessions of con- 
gress, and sent an agent to London at his own expense, making himself poor 
in the effort to secure his aims. The state legislature granted the proceeds 
of its swamp-lands in aid of his enterprise, and the city council of Portland 
granted to his company the franchise of building a bridge across the \Villam- 
ette at Portland. But he failed, because the power of the Central Pacific rail- 
road of California was eXf)rted to oppose the construction of any road con- 
necting Oregon with the east which would not be tributary to it. 
Chapman died in 1884, after living to see another company constructing a 
road over the line of his survey. He had been the first surveyor-general of 
Iowa, its first delegate in congress, and one of its first presidential electors. 
On coming to Oregon he became one of the owners in Portland town site, and 
with his partner, 
tephen Coffin, built the Gold /Junter, the first ocean steamer 
owned in Oregon. which, through the bad faith of herotficers, ruined her own- 
ers. Gaston's Railroad Development in Or., 73-8. B. J. Pengra, arpointed by 
President Lincoln, was, as I have already said, the founder of the \Vinlle- 
mucca scheme. 'Vhile in office he explored this route, and secured from con- 
gress the grant to aid in the construction of a military wagon-road to Owyhee, 
of which the history has been gi\-en. His railroad survey passed over a con- 
siderable portion of the route of the military road, the opening of which pro- 
moted the settlement of the country. But for the opposition of HolJaday to 
his land-grant bill, it would have passed as desired, and the. Central Pacific 
would ha\'e constructed this branch; Lut owing to this opposition it failed. 
Pengra resided at Springfield, where he had some lumber-mills. 
A man who has had much to do with Oregon railroads is James Boyce 
:Montgomery, who was born in Perry co" Penn., in 18:12, and sent to school 
in Pittsburgh. He learned printing in Philadelphia, in the office of the Bul- 
letin newspaper, and took an editorial position on the Register, published at 
Sandusky, Ohio, owned by Henry D. Cooke, afterwards first governor of the 
District of Columbia, From Sandusky he returned to Pittsburgh in 1833, 
and purchased an interest in the Daily ...1lornill[J Post. About 1837 he was 
acting as the Harrisburg correspondent of the Philadelphi.a Pres!
 for a year 
or more. Following this, he took a contract to build a bridge over the Sus- 
quehanna River for the PhiladeJphia and Erie railroad, 6 miles above 'Vil- 
liamsport, Penn., his first railroad contract. Subsequently he took several 
contracts on eastern roads, building portions of the Lehi and Susquehanna, the 
Susquehanna Valley, and other railroads, and was an original owner in the 
Baltimore and Potomac railroad with Joseph D. Potts, besides having a con- 
tract to build 150 miles of the Kansas Pacific, and also a portion of tbe Oil 
Creek and Alleghany railroad in Penn. In 1870 :Montgomery came to the 
Pacific coast, residing for one year on Puget Sound, since which time he has 
resiùed in Portland, where he has a pleasant home. His wife is a daughter 
of Gov. Phelps of 1\10. The first railroad contract taken in the north-west 
was tbe first 23-mile division of the Northern Pacific, beginning at Kalama, 
on the Columbi.a River, and extending towards Tacoma. Since that he has 
cOlIJpleted the road from Kalama to Tacoma, and from Kalama south to Port- 
lana, :Montgomery started the subscription on which the first actual money 
was raised to build tbe Northern Pacific, in Dec. 1869. Jay Cooke had agree(l 
to furnish $.3,600,000 to float the bonds of the company by April 1, 1870, and 
Montgomery, at his request, undertook to raise a pa1t of it, iu which he was 
lIIST. OR,. VOL. II. 45 




06 


COUNTIES OF OREGON. 


successful, J. G. Morehead, H. J. Morebead, William Phillips, 'Villiam l\f. 
Lyon, Henry Loyd, Joseph Dilworth, James 'Vatts, and others subscribing 
$800,000. This money was expended in constructing the first division of the 
road. l\lontgomery at the same time took a contract to build a drawbridge 
across the \Yillamette at Harrisburg, the first drawbridge in Oregon, 800 
feet long. with a span of 240 feet. Subsequently he went to Scotland to or- 
ganize the Oregon Narrow-Gauge Company, Limited, which obtained control 
of the Dayton, Sheridan, and Corvallis narrow-gauge road built by Gaston, 
in which he was interested, as well as some Scotch capitalists. It was Vil- 
lard's idea to get a lease of this and the narrow-guage road on the east side 
of the valley, to prevent the Central or Union Pacific railroads from control- 
ling them, as it was thought they would endeavor to. They were accordingly 
leased to the Oregon Railway and Navigation Company, but to the detriment 
of the roads, which are not kept in repair. Ali one time the directors of 
the O. R. & N. Co. refused to pay rent, and the matter was in the courts. 
:Montgomery erected a saw-mill at Skamockawa, on the north side of the Co- 
lumbia, which will cut 15,000,000 feet of lumber annually. He is also in the 
shipping business, and ships a large quantity of wheat yearly. This, with a 
history of the N. P. R. R., I have obtained from Montgomery's Statement, 
MS., 1-30. 


COUNTIES OF OREGON. 


The condition of counties and towns which I shall briefly give in this 
place will fitly supplement what I have already said. They are arranged in 
alphabetical order. I have taken the tenth census as a basis, in order to put 
all the counties on the same footing. 
Baker county, named after E. D. Baker, who fell at the battle of Edwards' 
ferry in October 1861, was organized September 22, 1862, with Auburn as the 
county seat. An enabling act was passeù and approved in 1866, to change 
the county seat to Baker City by a vote of the county, which was done. 
In 1872 a part of Grant county was added to Baker. The county contains 
)5,912 square miles, about 50,000 acres of which is improved among 453 
farmers, the principal productions being barley, oats, wheat, potatoes, and 
fruit. The whole value of farm products for 1879, with buildings and fences, 
was $709,468. The value of live-stock was $1,122,765, a difference which 
shows stock-raising rather than grain-growing to be the business of the 
farmers. About 50,000 pounùs of wool was produced. The total value of 
real estate and personal property for this year was set down at a little over 
$931,000. The population for the same period was 4,616, a considerable por- 
tion of whom were engaged in mining in the mountain districts. Compo X. 
Census, xl. 48, 723, 806-7. Baker Ci
y, the county seat, was first laid out 
under the United States town-site law by R. A. Pierce in 1868. It is 
prettily located in the Powder River Valley, and is sustained by a flourishing 
agricultural and mining region on eitl
er hanù. It has railroad communica- 
tion with the Columbia. It was incorporated in 1874, and has a population 
of 1,238. Pacific N01.th-west, 41; J.l1cKinneY'B Pac. Dir., 235; U)'. Law.<;j. 1874, 
145-55. The famous Virtue mine is near Baker City. The owner, who does 
a banking business in the town, had a celebrated cabinet of minerals, in which 
might be seen the ores of gold, silver, copper, lead, cinnabar, iron, tin, cobalt, 
tellurium, and coal, found in eastern Oregon, besides which were curios in 
minerals from every part of the world. Auburn, the former county seat, 
was organized by the mining population June 17, 1862, and incorporated on 
the following 25th of September, to preserve order. Ebl'Y's Journal, 1\IS., viii. 
81-2, 8-1-, 87, 94; Or. Jour. Jlou8e, 1862, 113, 128. The other towns and post- 
offices of Baker county are 
Vingville, Sparta, Powderville, Pocahontas, 
Express Ranch, El Dorado, Clarks, ville Mormon Basin, Amelia City, Rye 
Valley, Humboldt Basin, Stone, Dell, 'Veatherby, Conner Creek, Glenn, 
J\lalheur, Jordan Valley, and North Powder. 
Bcnton county, named after Thomas H. Benton of Missouri, was created 
and organized December 2:.3, 1847, including at that time all the country on 



BENTON AND CLACKA
IAS. 


707 


the west side of the Willamette River, south of Polk conntyanrl north of the 
northern boundary line of California. On the 15th of January, 18:;1, the 
present southern bounùary was fixed. It contains 1,870 square miles, extend- 
ing to the Pacific ocean, and including the harbor of Yaquina Bay. Popula- 
tion in 1879, 6,403. The amount of land under improvement in tÏ1is yeal' 
was 138,634 acres, valued at $
, 188,2
)l. The value of farm products was 
$716,096; of live-stock, $423,ß32; of orchard products, $16,404. Assessed 
valuation of real and personal property in the county, $1,726,387. Grain. 
raising il5 the chief f
ature of Benton county farming, but dairying, sheep. 
raising, and fruit-culture are successfully carried on. Coal was discovereù in 
1869, but has Hot been worked. 
Corvallis, called :ßlarysviUe for five or six years by its founder, J. C. Avery, 
is Benton's county seat, and was incorporated January 28, 1857. It is beau. 
tifully situated in the heart of the vaHey, as its name indicates, and has a 
population of about 1,200. It is the seat of the state agricultural col1ege, and 
has connection with the Columbia, and the Pacific ocean at Yaquina Bay, 
and also with the southern part of the state by railroad. It is more favorably 
loca
ed in all respects than any other inland town. Philomath, a collegiate 
town. is distant about ele"en miles from Corvallis, on the Y aquina road, It 
was incorporated in October 1882. l\lonroe, named after a president, on the 
Oregon Centra.l railroad, Alseya on the head-waters of Alseya Hi ,-er, Newport 
on Yaquina Bay near the ocean, Elk City at the head of the bay, Oyster- 
ville on the south side of the hay, Toledo, Yaquina, Pioneer, Summit, N ew- 
ton, Tidewater, \Valdoport, and \tV ells are all small settlements, those that 
arc situated on Yaquina Bay having, it is believed, some prospects in the 
future. 
Clackamas county, named from the tribe of Indians inhabiting the shores 
of a small tributary to the \Villamette coming in helow the falls, was one of the 
four districts into which Oregon was divided by the first legislati\.e committeo 
of the provisional government, in July } 84;{, and comprehended (all the 
terri tory not included in the other three districts,' the other thrce taking ill all 
south of the Columbia except that portion of Clackamas lying north of the 
'Anchiyoke River.' Pudding River is the stream here meant. Its boun- 
daries were more particularJy described in an act approved Dccember 19
 1843, 
and still further altered by acts dated January 30, 1836, October 17, 1860, and 
October 17, 1862, when its present limits were established. 01". ArchiveR, 
26; 0,.. Gen. Laws, 537-8. It contains 1,434 square miles, about 71,000 acres 
of which is under improvement. The surface being hilly, and much of it 
covered with heavy forest, this county i
 less advanced in agricultural wealth 
than might be expected of the older settled districts; yet the soil when 
cleared is excellent, and only time is required to bring it up to its proper 
rank. The value of its farms and buildings is considerably over three mil- 
lions, of live.stock a little over four hundred thousand, and of farm products 
something over l5ix hundred thousand dollars. In manufactures it has been 
perhaps the third county in the state, hut should, on account of its facilities, 
exceed its rivals in the future. It is difficult to say whether it is the 
second or third, 
lultnomah county being first, and 
larion probably 
second. But the difference in the amount of capital expended and results 
produced leave it almost a tie between the latter county and Clackamas. 
:Marion has $608,330 invested in manufactures, pays out for labor $147,945 
annually, uses $1,09:1,920 in materials, and proquceR Sl,4:!4,979; while Clacka. 
mas has invested $787,475, pays out for labor 8136,927, uses $816,62.3 in 
materials, and produces $1,231,691. :Marion has a little the most capital in- 
vested, and produces a little the most, but uses $278,293 more capital in 
materials, while paying only $8,982 less for labor. Compo X. Op,n.
"U8, ii. 1007-8. 
The principal factories are of woollen goods. Assessed valuation considerably 
over six millions. Population, 9,260. Oregon City, founded by John l\lc. 
Loughlin in 1842, is the county seat, whose history for a number of years was 
an important part of the territorial history, being the first, and fur several 
years the only, town in the Willamette Valley.. It was incorporated Septem- 



70R 


COUNTIES OF OREGON. 


ber 2:5, 1849. Its principal feature was its enormous water-power, estimated 
at a million horse-power. It had early a woollen-mill, a grist-mill, a lumber- 
mill, a paper-mill, a fruit-preserving factory, and other minor manufactures. 
The population of Oregon City is, according to the tenth census, 1,263, al- 
though it is given ten years earlier at 1,382. It is on the line of the Oregon 
and California railroad, and has river communication with Salem and Portlanù. 
1\. few miles north of the county seat is :Milwaukee, founded by Lot \Vhitcomb 
as a ri\Tal to Oregon City, in 
larch 18.10. It is the seat of one of the finest 
flouring mills in the state, and is celebrated for its nurseries, which have fur- 
nished trees to fruit-growers all over the Pacific coal!t. Its population is insig- 
nificant. A mile or two south of Oregon City is Canemah, foundeù by F. A. 
Hedges about 1845, it being the lowest landing above the falls, and where 
all river craft unloaded for the portage pre\rious to the construction of the 
hasin and breakwater, by which boats were enabled to reach a landing at the 
town. It afterward became a suburb of Oregon City, boats passing through 
locks on the west side of the river without unloading. About half-way 
l)etween the falls and Portland was established Oswego, another small town, 
but important as the location of the smelting-works, erected in 1867 at a cost 
of $100,000, to test the practicability of making pig-iron from the ore found in 
that vicinity, which experiment was entirely successful. Other towns and 
post-offices in Clackamas county are Clackamas, Butte Creek, Damascus, 
Eagle Creek, Glad Tidings, Highland, l\Iolalla, Needy, New Era, Sanùy, 
Springwater, Union Mills, Viola, \Yilsonville, Zion. 
Clatsop county, named after the tribe which inhabited the sandy plains west 
of Young Bay, at the mouth of the Columbia, was established June 22, 1844, 
on the petition of Josiah L. Parrish. The present boundaries were fixed 
January 15, 18.15, giving the county 862 square miles, most of which is heavily 
timbered land. The value of farms, buildings, and live-stock is a little over 

;307,000; but the assessed valuation of real and personal property is a trifle 
over $1,136,000, and the gross value nearly double that amount. 
The principal industries of the county are lumbering, fishing, and dairying. 
The population is about 5.500, except in the fishing season, when it is tempo- 
rarilyat least two thousand more. Resources Ur. and TVash., 1882, 213; Compo 
X. Census, 367. Astoria, the county seat, was founded in 1811 by the Pacific 
Fur Company, and named after John Jacob Astor, the head of that company. 
It passed through various changes before being incorporated by the Oregon 
legislature January 18, 1856. Its situation, just within the estuary of the 
Columbia, has been held to be sufficient reason for regarding this as the natural 
and proper place for the chief commercial town of Oregon. But the applica- 
tion of steam to sea-going vessels has so modified the conditions upon which 
commerce had formerly sought to establish centres of trade that the custom- 
house only, for many years, compelled vessels to call at Astoria. It has now, 
however, a population of about 3,000, and is an important shipping point, the 
numerous fisheries furnishing and requiring a large amount of freight, and in 
the ßeason of low water in the \Villamette, compelling deep-water vessels to 
load in the Columbia, receiving and handling the immense grain anù other ex- 
ports from the \Villamette Valley and eastern Oregon. Its harbor is sheltered 
by the point of the ridge on the east side of Young Bay from the storm-winds 
of winter, which come from the south-west. There is but little level land for 
building purposes, but tbe hills have been graded down into terraces, one 
street rising above another parallel to the river, affording fine views of the 
Columbia and its entrance, which is a dozen miles to the west, a little north. 
Connected by rail with the \Villamette Valley and eastern Oregon, the locks 
at the cascades of the Columbia at the same time giving uninterrupted naviga- 
tion from The Dalles to the mouth of the river, Astoria is destined to assume 
yet greater commercial importance. There are no other towns of consequence 
in this county. Clatsop, incorporated in 1870, Skippanon, Clifton, Jewell, 
Knappa, Olney, Mishawaka, Seaside House, Fort Stevens, and \Vestport are 
either fi!:;hing and lumbering establishments, or small agricultural settlements. 
'Vestport is the most thriving {If these settlements, half agricultural and half 
commercial. 



COLU11BIA AND COOS. 


709 


Columbia county, lying east of CJatsop in the great bend of the lower 
Columbia, was cut off from'Vashington count, January 23, 1834. It COIl- 
tains 575 square miles, and has a water line of over fifty miles in extent. It 
has between fourteen and fifteen thousand acres of land under imprm-emellt, 
valued, with the buildings, at $406,000, with Jive-stock worth over $'77,000, 
and farm products worth 873,000, consisting of the cereals, hay, potatoes, 
butter, and cheese. It has several lumbering establishments and a few smaller 
manufactories. The natural resources of the county are timber, coal, build- 
ing-stone, iron, fish, and grass. The assessed \Taluation upon real and personal 
property in 1879 was $303,283. The population was little over 2,000, but 
rapidly increasing. St Helen, situated at the junction of the lower 'Villamette 
with the Columbia, is the county seat. It was founded in 1848 by H. 1\I. 
Knighton, the place being first known as Plymouth Rock, but having its name 
changed on being surveyed for a town site. It is finely situated for a ship- 
ping business, and has a good trade with the surrounding country, although 
the population is not above four hundred. There are coal and iron mines in 
the immediateyicinity. Columbia City, founded in 1867 by Jacob and Joseph 
Caples, two miles below St Helen, is a rival town of about half the population 
of the latter. It has a good site, and its interests are identical with those of 
St Helen. The Pacific branch of the Northern Pacific railway passes across 
both town-plats, coming near the river at Columbia City. Rainier, twenty 
miles below Columbia City, was laid off in a town by Charles E. Fox about 
1832. Previous to 1863, by which time a steamboat line to :Mollticello on 
the Cowlitz was established, Rainier was the way-station between Olympia 
aud Portland, and enjoyed considerable trade. Later it became a lumber- 
ing and fishing establishment. The other settlements in Columbia county 
are Clatskanie, :Marshland, Pittsburg, Quinn, Riverside, Scappoose, Vel'- 
nonia, Neer City, Bryantville, and Vesper. 
Coos county was organized December 22, 1853, out of portions of Umpqua 
and Jackson counties. The name is that of the natives of the bay county. 
It contained about the same area as Clatsop, and had over 2.>,000 acres of 
improved land, valued, with the improvements, at $1,188,349. The legislà- 
ture enlarged Coos county by taking off from Douglas on the north and east 
enough to straighten the north houndary anù to add two rows of townships 
on the east. Or. Jour. [louse, 1882, 290. It is now considerably larger than 
Clatsop. The live-stock of the county is valued at over $161,000, and of 
farm products for 1879 over 
:209,000. Total of real and personal assessed 
valuation was between $800,000 and $900,000. The gross valuation in 
1881-2 was over $1,191,000, the population being a little over 4,800, the 
wealth of the county per capita being $329. This county is the only one in 
Oregon where coal-mining has been carried on to any extent. A line of 
steamers has for many years been carrying Coos Bay coal to S. F, market. 
The second industry of the county is lumbering, anù the third ship-building, 
the largest ship-yard in the state being here. Farming has not becn 
much followed, most of the provisions consumed at Coos Bay being brought 
from California. Fruit is increasing in production, and is of excelJellt 
quality. Beach-mining for gold has been carried on for thirty years. 
Iron and lead ores are known to exist, but have not been worked. There are 
also extensive quarries of a fine quality of slate. The valleys of Coos amI 
Coquille rivers are exceedingly fertile, and the latter produces the best white 
cedar timber in the state, while several of the choice wooùs used ill furniture 
factories abound in this county. Empire City, situated four miles from the 
entrance to Coos Bay, on the south shore, is the county seat, with a popula- 
tion of less than two hundred. It was founded in the spring of 18.33 by 1\ 
company of adventurers, of which an account has been gÌ\-en in a previolls 
chapter, and for some years was the leading town. 
Iarshfield, foundell only 
a little later by J. C. Tolman amI A. J. Davis, soon outstripped all the 
towns in the county, having about 900 inhabitants and a thriving trade. It 
is situated four miles farther from the ocean than Empire City, on the same 
shor
. Between the two is the lumbering establishment of North Bend. 



710 


COUNTIES OF OREGON. 


The place is beautifully situated, and would be rapidly settled did not the 
proprietors refuse to sell lots, preferring to keep their employt:s away from 
the teml)tations of miscellaneous associations. Still farther up the bay and 
ri\7er, beyond .Marshfielà, are the settlements of Coos City, Utter City. 
Coaledo, Sumner, and Fain'iew. Coquille City is prettily situated near the 
mouth of Coquille River, and has about two hundred inhabitants. It is 
hoped by improving the channel of the river, which is navigable for 40 
miles, to make it a rival of Coos Bay as a port for small sea-going vessels, 
the government baving appropriated 
;I;
O,OOO for jetties at this place, which 
have Leen constructed for balf a mile on the south side of the entrance. 
.Myrtle Point, at the head of tide-water, is situated on a high bluff on the 
right bank of the Coquille, in the midst of a fine lumber and coal region. It 
was settled in 18.38 by one 1\Iyers, who sold out to C. Lehnhere, and in 1877 
Binger Herman, elected in 1884 to congress, bought the land on which the 
t:H\'ll stands, and has built up a thriving settlement. Other settlements in 
the Coquille district arc Dora, Enchanted Prairie, Freedom, Gravel Ford, 
N,)rway, Ra.nllolph, Boland, and Cunningham. Gale's Coo.
 Co. Dir., 187':>, 
3J-61; Official P. O. List, Jan. 1885, 499; Roseburg Plaindealer, Aug. 15, 
1874. 
Crook county, named after General George Crook, for services performed ill 
Indian campaigns in eastern Oregon, was cut off from the south end of 'Vasco 
coun.;y, by legislajve act, October 9, 1882. The north line is drawn west 
from the lend of the John Day River, and east up the centre of the 'Vasco 
chann
l of said river to the west boundary of Grant county, thence on the 
line between Grant and 'Vasco counties to the south-east corner of 'Vasco, 
thence west to the summits of the Cascade Mountains, and thence along 
thelll to the intersection of the north line. It lies in the hilly region where 
the Blue :Mountains intersect the foot-hills of the Cascade Range. and for 
years has been the grazing-ground of immcnse herds of cattle. There are 
also many valleys fit for agriculture. Prineville is the county seat. It is 
8i
uated on Ochoco River, near its junction with Crooked River, a fork of 
Des Chutes, and has a population of several hundred. It was incorporated 
in 1880. Ochoco, 'Villoughby, Bridge Creek, and Scissorsville are the subor- 
tlina'te towns. 
Curry county, named after Governor George L. Curry, organized December 
18, IS':>':>, is comparatively an unsettled country, having only a little more 
than 1,200 inhalÞitants. Its area is greater than that of Coos, the two coun- 
ties comprising 3,:331 square miles, not much of which belonging to Curry 
lIas been surveyed. The value of farm property is estimated at between five 
and six hunùred thousand dollars. The assessed valuation for 1879 was about 
8
20,OOO. The territorial act establishing the county provided for the selec- 
tion of a county seat by votes at the next general election, which was pre- 
yented by the Rogue River Indian war. At the election of 1858 Ellenshurg, 
a mining town, was chosen, and the choice confirmed by state legislative 
enactment in October 18ßO. Port Orford is the principal port in Curry 
county. Chetcoe is the only other town on the coast. There is no reason 
for the unsettled condition of Curry except its inaccessibility, which will be 
overcome in time, when its valuable forests and minerals will be made a source 
of wealth by a numerous population. Salmon-fishing is the principal iudus- 
try aside from lumbering and farming. 
Douglas county, named after Stephen A. Douglas, was created January 7, 
18':>2, out of that part of Umpqua county which lay west of the Coast Range. 
III 18û4 th(
 remainder of Umpqua was joined to Douglas, and Umpqua. ceased 
to be. Its boundaries have been several times altered, the last time in 1882, 
when a small strip of country was taken off its western border to give to Coos. 
I ts area previous to thJ.s partition was 5,796 squarc miles. The \-aluation of 
its farms, buildings, and live-stock is nearly five minion dollars. A large 
})ortion of its wealth comes from sheep-raising and wool-growing. In 1880 
Douglas county shipped a million pounds of wool, worth three to four cents 
more per pounù than Willamette Valley wool, anù sold 27,000 head of sheep 



DOUGLAS, GILLIAM, AND GRANT. 


7II 


to Nevada farmers. The valuation of assessable real and personal property 
is between two and three millions. III that part of the county which touches 
the sea-coast lumbering and fishing are important industries. Gold-mining is 
still followed in some localities with moderate profits. The population is be- 
tween nine and ten thousand. Roseburg, named after its founder, Aaron 
Rose, was made the county seat in 1833. It was often calle:d Deer creek until 
about 1856-7. It is b
autifully situated at the junction of Deer creek with 
the south fork of the Umpqua, in the heart of the Umpqua Valley, has about 
900 inhabitants, and is the principal town in the valley. It was incorporated 
in 1868. Oakland is a pretty town of 400 inhabitants, so named by its founder, 
D. S. Baker, from its situation in an oak grove. Dea-Iy's Hist. Or., l\IS., 
79. It is on Calapooya creek, a branch of the Umpqua River, and the Oregon 
and California railroad passes through it to Roseburg. 'Vilbur is another 
picturesque place on the line of this road, named after J. H. Wilbur, founder 
of the academy at that place. It is only an academic town, with two hun- 
dred population. Cañonville, at the north end of the Umpqua cañon, has a 
population of two or three hundred. 'Vinchester, named for Colonel Win- 
chester of the Umpqua Company, the first county seat of Douglas county, 
Galesville, named from a family of that name, Myrtle Creek, Camas Valley, 
Looking Glass, Ten 
lile, Cleveland, Umpqua Ferry, Cole's Valley, Hice Hill, 
Y oncalla, Drain, Comstock, Elkton, Sulphur Springs, Fair Oaks, Civil Bend, 
Day Creek, Elk Head, Kellogg, :Mount Scott, Patterson's 
lills, Round Prairie, 
are the various smaller towns and post-offices in the valley. Scottsburg, sit- 
uated at the head of tide-water on the lower river, named for Levi Scott, its 
founder in 1830, and by him destined to be the commercial entrepot of south- 
ern Oregon, is now a decayed mountain hamlet. The lower town was all 
washed away in the great flood of 1861-2, and a whole street of the upper 
town, with the military road connecting it with the interior country, was 
made impassable. Another road has been constructed o\rer the mountains, 
and an attempt made to render the Umpqua naNigablc to Roseburg, a steamer 
of small dimensions and light draught being built, which made one trip and 
abandoned the enterprise, condemning Scottsburg to isolation and retrogres- 
sion. Gardiner, situated on the north bank of the Umpqua, eighteen miles 
lower down-named by A. C. Gibbs after Captain Gardiner of the Bostonian, 
a vessel wrecked at the entrance to the river in 1830-1aid out in 1831, was 
the seat of customs collection for several years, during which it was presumed 
there was a foreign trade. At present it is the seat of two or more lumbering 
establishments, a salmon-cannery, and a good local trade. 
Gilliam county was set off mostly from 'Vasco, partly from Umatilla, in 
the spring of 1885. First county officers: commissioners, A. H. \Vethcrford, 
'V. ,Yo SteÏ\Ter; judge, J. 'V. Smith; clerk, - Lucas: sheriff, J. .A. Blakely; 
treasurer, Harvey Condon; assessor, J. C. Cartwright. The town site of 
Alkali, the present county seat, was laid off in 1882 by James 'V. Smith, a 
native of Mississippi. First house built in the latter part of 1881, by E. \V. 
Rhea. 
J. H. Parsons, born in Randolph co., Va, came to Cal. in 1837, overland, 
with a train of 30 wagons led by Ca.pt. L. 
1ugett, and located in San J osé 
Valley, where for twelve years he was a lumber dealer. In 1860 he went to 
British Columbia and was for 8 years engaged in stock-raising on Thompson's 
River, after which he settled 011 John Day River, Oregon, in what is now 
Gilliam co. He married, in 1877, Josephine \V ritsman, and has 4 children. 
He owns 320 acres of hottom-land, has 5 square miles of pasture under fence, 
has 2,000 head of cattle, and 200 horses. His grain land produces 30 bushels 
of wheat or 60 bushels of barley to tbe acre. 
Grant county, called after U. S. Grant, occupying a central position in 
eastern Oregon, contains over fifteen square miles, of which only about one- 
ninth has been sun"eyed, less than 200,000 acres settled upon, and less than 
forty thousand improved. It was organized out of 'Vasco and Umatilla 
counties, October 14, ] 864, during the rush of mining population to its placers 
on the head waters of the John Day. Spec. Laws, in Ur. Jour. Sen., 1864,43-4. 



712 


COUNTIES OF OREGON. 


Its boundaries were defined by act in 1870. Or. Laws, 1870, 167-8. In 
18-;'2 a part was taken from Grant and added to Baker county. Or. Laws, 
1872, 34-5. These placers no longer yield profitable retunls, and are aban- 
doned to the Chinese. There are good quartz mines in the county, which will 
be ultimately developed. The principal bnsiness of the inhabitants is horse- 
breeding and cattle-raising; but there is an abundance of good agricultural 
land in the lower portions. The population is about 5,000. The gross valu- 
ation of all property in 1881 was over $1,838,000, the chief part of which was 
in Ii ve-stock. 
Cañon City, the county seat, was founded in 1862, and incorporated in 
1864. It is situated in a cañon of the head-waters of John Day River, in the 
centre of a rich mining district now about worked out. It had 2,500 inhabi- 
tants in 1865. A fire in August 187
 destroyed property worth a quarter of 
a million, which has never been replaced. The present population is less than 
600 for the whole precinct in which Cañon City is situated, which comprises 
some of the oldest mining camps. Prairie City, a few miles distant, Robin- 
sonville, :Mount Vernon, .Monument, Long Creek, John Day, Granite, Camp 
Harney, and Soda Spring are the minor settlements. 
Jackson county, from Andrew Jackson, president, was created January 
12, 183:?, out of the territory lying south of Douglas, comprising the Rogue 
River Valley and the territory west of it to the Pacific ocean. Its boundaries 
have been several times changed, by adding to it a portion of 'Vasco and tak- 
ing from it the county of Josephine, with other recent modifications. Its 
present area is 4,689 square miles, one third of which is good agricultural 
land, about 91,000 acres of which is improved. Corn and grapes are success- 
fully cultivated in Jackson county ill addition to the other cereals and fruits. 
The valuation of its farms and buildings is over $1,600,000, of live-stock half 
a million, and of farm products O\Ter half a million annually. The valuation 
of taxable property is nearly two millions. The population is between eight 
aud nine thousand. 
Iining is the most important industry, the placers still 
yielding well to a process of hydraulic mining. Jacksonville, founded in 
1832, was established as the county seat January 8, 1833, and incorporated 
in 18G4. It owed its location, on Jackson creek, a tributary of Rogue River, 
to the existence of rich placers in the immediate vicinity, yet unlike most 
mining towns, it occupies a beautiful site in the centre of a fertile valley, where 
it must continue to grow and prosper. It is now, as it always has been, an 
active business place. The population has not increased in twenty years, but 
has remained stationary at between eight and nine hundred. This is owing 
to the isolation of the Rogue River Valley, the ownership of the mines by 
companies, and the competition of the neighboring town of Ashland, Bowle.ç;' 
New West, 449; iIines' 0,'., 78-9; Bancroft (A. L.), Journey to Or., 18G2, 
MS., 44. ,!'he town of Ashland, founded in 1832 by J. and E, Emry, David 
Hurley, and J. A. Card well, and named after the home of Henry Clay, has a 
population about equal to Jackson,.ille. It is the prettiest of the many pretty 
towns in southern Oregon, being situated on Stuart creek, where it tumhles 
down from the foot-hills of the Cascade Range with a velocity that makes it a 
valuable power in operating machinery, and overlooking one of the most 
beautiful reaches of cultivable country on the Pacific coast. It has the oldest 
mills in the county, a woollen factory, marble factory, and other manufactories, 
and is the seat of the state normal school. Oardwell's Emigrant Oompany, 

IS., 14; Ashland Tidings, 
lay 3, 1878. The minor towns in this county are 
Barron, Phænix, Central Point, \Villow Springs, Rock Point, Eagle Point, Big 
Butte, Brownsborough, Pioneer, Sam's Valley, Sterlingville, Thomas' Mill, 
Uniontown, '\Voodville, anù Wright. 
A pioneer of Jackson county is Thomas Fletcher RealI, who was born in 
Mon tgomery co" 1\1 1I, in 1703, his mother, whose maiden name was Doras 
Ann lledow, being born in the same state when it was a colony, and dying 
in it. In 1836 his father, Thomas Beall, rcmoved to Illinois, and his son ac- 
companied him, remaining there until 1832, when he emigrated to Oregon, 
settling in Rogue River Valley. In 1839 he married Ann Hall of Champaign 



JACKSON AND JOSEPmNE. 


'113 


co., Ohio, then living in Douglas co., Or. They have 12 children-8 boys 
and 4 girls. Beall was elected to the legislature, and served at the regular 
session of 1864, and at the called session of 1863 for the purpose of ratifying 
the 15th amendment of the U. S. constitution. He was again elected in 
1884. He has served as school director in his district for 25 years, less one 
term. 
John Lafayette Rowe was born in Jackson co., Or., in 1839, his parents 
being pioneers. He married Martha Ann Smith, Jan. 1, 1883. 

lrs John A. Card well, widow first of "\Villiam Steadman, was born in 
Ireland in 1832, removed to Australia in 1849, married Steadman in 1830, 
removed to San Francisco in 1831, and was left a widow in 1835. She mar- 
ried Cardwell, an Englishman, the following year, and they removed to Sanis 
Valley in Jackson co., Or., where Cardwell died in 11ay 1882. 
1rs Card- 
well has had 5 sons and 6 daughters, one of whom died in ] 868. Cardwell 
wrote the Emigrant Company, 
IS., from which I have quoted. 
Andrew S. :l\loore, born in Susquehanna co., Ohio, in 1830, emigrated to 
Oregon in 1839, settling in Sanis Valley, Jackson co., where he has since re- 
sided, engaged in farming. In 1864 he married 
lelissa Jane Cox, of Linn 
co., Iowa. They have 7 sons and 4 daughters. 
Arad Comstock Stanley, born in :Missouri in 1835, was bred a physician, 
and emigrated to California in 1864, settling near \V oodland. He remO\-ed 
to Jackson co., Or., in 1875, settling in Sanis Valley where he has a farm, but 
practices his profession. He married Susan Martin in 1862. Their only 
child is J\1rs Sedotha L. Hannah, of Jackson co. 
John B. \Vrisley, born in Middlebury, Vt, in 1819, removed to New York, 
:Michigan, and \Visconsin, where he married Eliza Jane Jacobs of Iowa co" 
in 1843. He came to California in 1849, and to Rogue River Valley in 1832. 
His daughter Alice was the first white girl born ill the valley. She married 
C. Goddard of 
ledford, Jackson co. vVrisley voted for the state constitu- 
tions of \Visconsin, California, and Oregon; has been active in politics, but 
always rejected office. 
Joshua Patterson was born in J\Iichigan in 1857, immigrated to Oregon in 
1862, and settled in Rogue River Valley. He married, in 1880, Ella Jane 
}'ewel, and resides at Ashland. Has 2 children. 
Thomas Curry, born near Louisville, Ky, in ) 833, removed with his parents 
to Ill., and came to Or. in 1833, settling in the Rogue Ri\"er Valley, where he 
has since resided. In 1863 he marrieJ J\Iary E, Sutton, who came with her 
parents to Or. in 1834. Of 5 children born to them, 2 are now living. 
Jacob \Vagner, an immigrant of 1831, was bonl in Ohio in 1820, and re- 
moved with his parents first to Ind. and afterwards to Iowa. Settling in 
Ashland, he has been engaged in farming and milling during a generation. 
He married Ellen Hendricks of Iowa, in 1860, by whom he has had 7 children, 
2 of whom are dead. 
Franklin \Vertz, born in Pa in 1836, married Martha E. V. Beirly of his 
state, and the couple settled at Medford, where 5 children have been born to 
thcm. 
Josephine county, cut off from Jackson January 22, 1856, was named after 
Josephine Rollins, daughter of the discoverer of gold on the creek that also 
bearR her name. Its area is something less than that of Curry or Jackson, 
between which it lies, amI but a smalll)ortion of it is surveyed. The amount 
of land cultivated is not over 20,000 acres, nor the value of farms and improve- 
ments oYer 8100,000, while another $:300,000 would cover the value of live- 
stock amI farm products. The valnation of taxable property is under S400,- 
000. Yet this county has a good proportion of fertile land, and an admirable 
climate with picturesque scenery to make it fit for settlement, and only its 
exclusiun from lines of travel and facilities for modern advantages of educa- 
tion amI society has prevented its becoming more populous. J\liniug is the 
chief vocation of its 
,500 inhabitants. \Vhen its mines of gold, sih-er, and 
copper come to be worked hy capitalists, it will be found to be possessed of 
immense resources. Kirbyville, founded in Ib.32, is the county seat. The 



';14 


COUNTIES OF OREGON. 


people of this small town have attempted to change its name, but without 
success. An act was passed by the legislature in 1838 to change it to Napo- 
leon-a questionable improvement. Or. Laws, 1858-9, 91. It was changed 
back by the legislature of 1860. Or. Jour. Sen., 1860, 68. The question of 
whether the county seat should be at \Vilderville or Kirbyville was put to 
vote by the people in 1876, and resulted ill a majority for Kirbyville. Or. 
Jour. /lou8e. It rctains not only its original appellation, but the honor of 
bcing the capital of the county. The towns of Althouse, Applegate, \Valdo, 
Slate Creek, :Murphy, Galice, and Leland are contemporaries of the county 
seat, having all been mining camps from 1852 to the present. Lucky Queen 
is more modern. 
Klamath county, the name being of aboriginal origin, was established 
October 7, 1882, out of the western part of Lake county, which was made out 
of 

lat part of Jackson county which was taken from the south end of \Vasco 
county. It contains 5,544 square miles, including the military reservation 
and the Klamath Indian reservation. The rccent date of the division of ter- 
ritory leaves out statistical information. The altitude of the country on the 
east slope of the Cascade :Mountains makes this a grazing rather than an agri- 
cultural county, although the soil is good and the cereals do well, excepting 
Indian corn. Linkville, situated on Link River, between the Klamath lakes, 
was founded by George Nourse, a sutler from Fort Klamath, about 1871, who 
built a bridge over the stream and a hotel on the east side, and so fixed the 
nucleus of the first town in the country. It is the county seat and a thriving 
business centre. Nourse planted the first fruit-trees in the Klamath country, 
which in 1873 were doing well. It contains the minor settlements of :Fort 
Klamath, Klamath Agency, Langell. Bonanza, 
Iergauser, Yainax, Tule Lake, 
and Sprague River. 
Simpson \Vilson, born in Yamhill co. in 1849, is a son of Thomas A. Wil- 
son, who migrated to Oregon in 1847. Father and son remoyed to Langell 
Valley, in what is now Klamath co., ill 1870, to engage in stock-raising. Simp- 
son \Yilson married, on the 10th of July, 1871, at Linkville, Nancy Ellen Hall, 
who came across the plains with her parents from Iowa, ill 1858. This was 
the first marriage celebrated in Klamath èo. They have 2 sons and 3 daugh- 
ters, 
John T. Fulkerson was born in'Villiams co., Ohio, in 1840, his parents 
havrng migrated from N. Y. in their youth. In 1860 John T. joined a train 
of Arkansas emigrants under Captain Joseph Lane, migrating to Cal. anli set- 
tling in the San Joaquin Valley, where he rernainel1 until 1865, when he re- 
moved to Jackson co., Oregon, and in 1867 to Langell Valley, being one of 
the earliest settlers of this region, then still a part of Jackson co. He mar- 
ried, in 1866, Ellen E. Hyatt, formerly of Iowa, who in crossing the plains a 
few years previous lost her mother anù grandmother. They have 4 sons and 
3 daughters. 
Jonathan Howell, born in Guilford co., N, C., in 1828, and brought up in 
Ill. He came to Cal. in 1850, overland, and located in ltlariposa co., residing 
there and in :l\Ierced and Tulare 9 years, after which he returned to the east 
anù remained until 1876, living in several states during that time. When he 
returned to the Pacific coast it was to Rogue Ri\?er Valley that he came, re- 
moving soon after to the Klamath basin, and settling near the town of Bo- 
nanza. He married, in 1860, Susanna Statsman, born in Schuyler co., Ill. 
They have living, 2 sons and 1 daughter. 
Thomas Jefferson Goodwyn, born in Suffolk co., England, in 1846, went to 
Australia in 1864, and from there migrated to Oregon ten years later, settling 
at Bonanza. He married Genevieve Roberts of Jackson co., in 1881, and has 
2 sons and 2 daughters. 
John :McCurdy, born in Pugh co. , Va, in 1836, and reared in Ill.; migrated 
to Portland, Oregon, in 1864:, where he chiefly resided until 1880, when he 
settled in Alkali Valley, Klamath co. He married Frances :M. Thomas of 
}'lcDonough co., Ill., in 1857. They had 2 sons and 1 daughter, when in im- 
migrating his wife died, and was buried in the Bitter Root Mountains. 



LAKE, LANE, AND LINN
 


715 



IcCurdy has a brother, :Martin V., in Lassen co., CaI., and another brother, 
Joseph, in Kevaùa. 
Lake county, organized October 23, 1874, took its name from the number 
of lakes occupying a considerable portion of its surface. It formerly embraced 
Klamath county, and its first county seat was at Linkville. But by a vote 
of the people, authorized by the legislature, the county seat was removed to 
Lakevicw, on the border of Goose Lake, in 1876, previous to the setting-off 
of K.lamath county. It contains 6,768 square miles, less than 44,000 acres 
being improved. Its farms and buildings are valued at $131,000. the assessed 
valuation of real and personal property heing about $700,000, and the total 
gross valuation over $1,03!),OOO. This valuation is for the county of Lake 
before its division, there being nothing later to refer to, The population is 
less than 3,000 for the two counties of Lake and Klamath. The settlements 
are Drew Valley, Antler, Hot Springs, Chewaucan, White Hill, Sumner, and 
Sil \Ter Lake. 
Among the settlers of this comparatively new county are Thomas O. 
Blair, born in Ohio, who emigrated in 185!) by ox-team. Before starting he 
married Lovisa Anderson. 'Ihey reside on Crooked Creek, near Lakeview. 
Charles A. Rehart, born in Perry co., Ohio, came to Oregon overland in 
1863. He follows farming and sheep-raising in the Chewaucan Valley. He 
married 
lartlm Ann Brooks ill Dec. 1876. 
:Michael Suit, born in 1rlarion co. Ohio, emigrated overland to Oregon 
ill 18.)!), in company with his sister, :Mary Cruzan. He farms and raises stock 
at Summer Lake. He married, in 1880, Laura Bell Conrad. 
George Clayton Duncan, who was born in Ill. in 1827, emigrated to 
Oregon in 1854, and residcs at Paisley, in Lake co. He married Eliza Rinehart 
in 1848. They have 3 sons and 3 daughters. 
Thomas J. Drattain, born ill Ill. in 1829, came to Oregon in 1850, over. 
land, and resides at Paisley. He married Permetin J. Gillespie in 1859. 
They have 3 sons and 1 daughter. There came with them to Oregon John, 
Alfred, 'Villiam C., Francis 
1., and James C. Brattain, brothers; and Eliza- 
beth Ebbert, :Mary Brattain, Millie A. Smith, and :l\Iartha J. Hadley, sisters. 
Lane county, named after Joseph Lane, was organized January 24, 1831, 
out of Linn and Benton. Its southcrn boundary was defined Decemùer 22, 
18'-:>3. Its area is 4,49:! miles, of which about 2:!9,OOO acres are improved. 
The value of farms and buildings is $4,630,000; of live-stock, S700,000; of 
farm products, 
DOO,OOO; and of all taxable }JfOperty, about $3,400,000. The 
popu
ation is ùetween nine and ten thousand. Extending from the Cascade 
l\lountains to thc ocean, Lane county comprises a variety of topographical 
features, including the foot-hills of Calapooya Range, and the roughcr hill 
land of the Coast !lange, with the level surfaces of the \Yillamette plains. Its 
proùuctions partake of this variety. Bt:sides grains, vegetables, fruits, amI 
dairy produce, it is the largest hop-proùucing county in Oregon, the crop of 
1882 selling for a million dollars. Eugene City, the principal town, was 
founòed in 1847 by Eugene Skinner. It was chosen for the county seat by 
a ,'ote of the people in 18'-:>3, and incorporated in 1864. It is well locatpd, 
near the junction of the coast and .McKenzie fork of the \Villamettc, at the 
head of navigation, surrounded by the picturesque scenery of the mountains 
which close in the valley a few miles farther south. It is the seat of the state 
university, with a population of about 1,200. Junction City, at the junction 
of the Oregon Central and Oregon and California railroads, was built up by 
the business of these roads. It was incorporated in 1872, and has between 
three anù four hundred inhabitants. The lesser settlemcnts are Cottage 
Groye, Divide, Latham, Cresswell, Rattlesnake, Goshen, Springfield, Leaburg, 
\Villamette Forks, Irving, Cartwright, Chesher, Linslaw, 
pencer Creek, 
Camp Creek, Cannon, Crow 
Dexter, Florence, Franklin, Iàa, Isabel, Long 
Tom, .McKenzie Bridge, 
10hawk, Pleasant Hill, Tay, Trent, and \Valterville. 
Linn county, named in honor of Lewis F. Linn of 
lissouri, was organized 
December 28, 1847, 'out of all that territory lying south of Champoeg and 
east of Benton.' Its southern boundary was established January 4, 1851, 



716 


COUNTIES OF OREGON. 


giving an area of about 2,000 square miles, of which 2:56,000 acres are im- 
proved. The valuation of farms and buildings for 1879 was over se,.en millions, 
of live-stock nearly a million, and of farm proùucts almost a million and a 
half. The total valuation of assessable property reached to considerably over 
four million dollars. The population is between twelve and thirteen thou- 
sand. This county has three natural divisions, the first lying between the 
north and south Santiam rivers; the second between Santiam River and Cala- 
pooya creek, and the thirù between Calapooya creek and the south boundary 
line, each of which has a business cpntre of its own. Albany, the county 
seat, founded in 1848 by \Valter amI Thomas Montieth, named after Albany, 
N. Y., by request of James P. 
lil1ar, and incorporated in 1864, is the prin- 
cipal town ill the county, and the centre of trade for the country between the 
Santiam and Calapooya rivers. It has a fine water-power, and several manu- 
factories, and is the seat of the presbyterian college. The population is 2,000. 
Brownsville, incorporated in 1874, Lebanon, and \Vaterloo, each with a few 
hundred inhabitants, are thriving towns in this section. Scio, in the forks of 
the Santiam, incorporated in 1866, is the commercial centre of this district, 
with a population of about .300. Harrisburg, situated on the \ViUamette Ri \-er 
and the Oregon and California railroad, is the shipping point for a rich agri- 
cultural region. It was incorporated in 1866. The present population is 
500. Halsey, named after an officer of the railroad company, was founded 
about 1872, and incorporated in 1876. The lesser towns in this county are 
Pine, Shedd, Sodaville, Tangent, Oakville, Fox Valley, Jordan, :Mabel, 
1iller, 
Mount Pleasant, and Crawfordsville. 

larion county, one of the original four districts of 1843, called Champoeg, 
had its name changed to Marion by an act of the legislature of September 3, 
1849, in honor of General Francis :Marion. Champoeg, or Champooick, dis- 
trict comprised all the Oregon territory on the east side of the \Villamette, 
north of a line drawn due east from the mouth of Pudding or Anchiyoke 
Ri\Oer to the Rocky 
Iountains. Or. A7'chive8, 26. Its southern limit was fixed 
when Linn county was created, and the eastern boundary when the county 
of 'Vasco was established in 1854. Its northern line was readjusted in Jan- 
uary 18.36, according to the natural boundary of Pudding River and Butte 
Creek, which adjustment gives it an irregular wedge shape. It contains about 
1,200 square miles, of which 200,000 acres are under improvement. Its farms 
and buildings are valued at nearly eight million dollars, its live-stock eight 
hundred thousand, and its annual farm products at more than a million and 
a half. The assessed valuation of real and personal property is four million 
dollars, of all taxable property over six millions. The population is between 
fourteen and fifteen thousand. Salem, the county seat anù the capital of the 
state, was founded in 1841 by the :r.rlethodist :Mission, anù its history has been 
ghren at length. It was named by David Leslie, after Salem, :Mass., in prefer- 
ence to Chemeketa, the native name, which should have been retained. It 
was incorporated January 29, 18;}8, and bas a population of about 5,000. The 
\Villamette university, the state-house, county court-house, penitentiary, 
churches, and other public and private buildings, situatcd within large squares 
bordered by avenues of unusual width and surrounded by trees, make an im- 
pression upon the observer favorable to the founders, 'who builded better than 
they knew.' Salem has also a fine water-power, and mills and factories, and 
is in e\Oery sense the second city in the state. Gervais, named after Joseph 
Gervais of French Prairie, incorporated in 1874, is a modern town built up by 
the railroad. Butteyille, which takes its name from a round mountain in the 
,-icinity-butte, the French t.erm for isolatea elevations, has becn adopted 
into the nomenclature of Oregon, where it appears in Spencer butte, Beaty 
butte, Pueblo butte, etc.-is an old :French town on the'Villamette at the 
north end of French prairie, but not so old as Champoeg in its vicinity. 
They both date back to the first settlement of the 'Villamette Valley, and 
neither have more than from four to six hundred in their precincts. J effer- 
80n, the seat of Jefferson Institute, was founded early in the history of the 
county, although not incorporated until 1870. It is situated on the north 




IARION AND 
IULTNO
IAH. 


717 


bank of thc Santiam River, ten miles from its confluence with the Willamette, 
and has fine flouring mills. The population is small. Silverton is another of 
the early farming settlements, which takes its name from Silver creek, a 
branch of Puùding Rh-er, on which it is situated, and both from the supposed 
discoyery of sih'er mines at the head of this and other streams in Marion 
county, about 1857. It was not incorporated until 187 4:. Aurora was founded 
by a community of Germans, under the leadership of 'Villi am Reil, in 1835. 
The colony was an offshoot of Bethel colony in 
1issouri, also founded by 
K
il in 183õ. On the death of Reil, about 1879, the community system was 
broken up. Three hundred of these colonists own 16,000 acrcs of land at 
Aurora. L1108s' Pictures Or. City, 
1S., 82; Deady's Hist. Or., 
IS., 78; S. }r
 
Po..il, July 28, 1881. Other towns and post-offices in the county are Hubbard, 
named after Thomas J. Hubbard, who came to Oregon with 'Vyeth and settled 
in the 'Villamette Valley, Sublimity, 
1ohama, Fairfield, Aumsvii.le, Turner, 
'Vhiteaker, Stayton, ,V oodburn, Bellpasie, Stipp, Brooks, Saint Paul, and 
Daly's 
Mill. 

1u1tnomah county, which has taken a local Indian name, was organized 
Dccember 23, 1834, out of 'Vashington and Clackamas counties. Its boun- 
daries were finally changed October 24, 1864. It is about fifty miles long hy 
ten in wÜlth, and comprises a small proportion of agricultural land, being 
mountainous and heavily timbered. Less than 27,000 acres are under im- 
provement, the value of farms, including buildings and fences, being $2,283,- 
0)0, of live-stock lcss than $200,000, and of farm produce not quite 8-100,000. 
The gross value of all property in the county is over nineteen millions, and 
the valuation of taxable property about fourteen millions. The population 
is 26,000. The capital invested in manufactures is nearly two millions, and 
the yalue of productions approaches three millions. Portland, founded in 
184.3 by A. L. Lovejoy and P. 'V. Pettygrove, and named after Portland, 

laine, by the latter, is the county seat of 
lu1tnomah, and the principal 
commercial city of Orcgon. It was first incorporated in January 18.31, at 
which time its dimeusions were two miles in length, along the river, and 
extending one mile west from it. Portland 07'erlol,ian, April 1,), 1871. The 
city gO\'ernment was organized April 15, 1831. There is no copy of the incor- 
poration act of 1831 in my library, but the act is mentioned by its title in the 
Vl'egon Statfsman for 
Iarch 28, 1831, and the date is also given in an article 
by Judge Deaùy in the Overland J,Ionthly, i. 37. The first mayor chosen 
was Hugh D. O'Bryant. The ground being thickly covered with a fir forest, 
there was a long battle with this impediment to improvement, and for twenty 
years a portion of thc town site was disfigured with the blackencd shafts of 
immense trees denudcd of their branches by fire, The population increased 
slowly, by a healthy growth, stimulated occasionally by military operations 
and mining excitements. In 1830 shipping began to 
rrÍ\'e from S. F. for 
lumber and farm products, and Couch & Co. despatched the first brig to 
China-the .Emma PrN;ton. On the 4th of December of that year the first 
Portland newspaper, the JVeel{1f Ure!lonian, was started by Thomas J. Dryer. 
In l\larch 1831 the steamship Colttmbia, began running regularly between S. 
F. and Pcrtland, with the monthly mails, The Columbia, after running on 
this linc for ten years, was burned in the China seas. In 1833 the first brick 
building was erected by'Villiam S. Ladd. In 1865 there were four churches, 
one puhlic school, one academy, four printing-offices, four steam saw-mills, 
a steam flouring mill, and about forty dry-goods and groccry stores, the cash 
value of the real and personal property of the town being not much short of 
two and a balf millions. 
In 18.36 the city government took the volunteer fire-companies in charge 
and purchased an engine. Pioneer Engine Company No. 1 of Portland, the 
first organized fire-company in Oregon, was formed in 
Iay 1831. Its forcman 
was Thomas J. Dryer of the Ore!lonian, assistant foreman D. C. Coleman, 
secretary J. B. 11eer, treasurer "\Villiarn Scton Ogdcn. Among the members 
'Were some of Portland's most honored citizens, but they had no engine. 
Vigilance Hook and Ladder Company No.1 was the next crganizatioD, in 



718 


COUNTIES OF OREGON. 


July 1853; foreman J. B. Smith, assistant foreman H. 'V. Davis, secretary 
Charles A. Poore, treasurer S. J. :l\1cCormick. In August of the same year 
\rillamette Engine Company No. I was organized, and secured a small engine 
owned by G. 'V. Vaughn. The company was officered by foreman N. Ham, 
assistant foreman David J\Ionastes, second assistant A. Strong, secretary A. 
ltl. Berry, treasurer Charles E. \Villiams. It was admitted to the depart- 
ment in July 1854-, and furnished with an engine worked by hand, provided 
by the city council in 1856, since replaced by a steam apparatus. l\lultno- 
mah EngiDe Company No.2 was admitted to the department in Noyember 
1836, using Vaughn's small engine for a year, when they were supplied with 
a Hunneman engine, the money being raised by subscription. Its first officers 
were James A, Smith president, B. L. Norden secretary, 'v. J. Van Schuyver 
treasurer, \Villiam Cummings foreman. These three companies composed the 
fire department of Portland down to June 1839, when Columbia Engine Com- 
pany No.3 was organized. In October 1862 Protection Engine Company No. 
4 was added; and in 1873 Tiger Engine Company No.5. . A company of exempt 
firemen also exists, having a fund from which benefits are drawn for the relief 
of firemen disabled in the discharge of their duty. Portland has suffer
d 
several hea,.y losses by fire, the greatest being in August 1873, when 2,j0 
houses were burned, worth $1,000,000. This conflagration followed close upon 
a pre\Tious one in December 1872, destroying property worth $
50,000. The 
Portland fire department in 1879 numbered 37 J members, composed of respect- 
ab]e mechanics, tradesmen, merchants, and professional men. Each of the six 
companies had a handsome brick engine-house and hall, A dozen alarm-sta- 
tions were connected by telegraph with the great ben in a tower seventy feet 
in height. In 1881 steps were taken to secure a paid fire department, which 
was established soon after. Water-works for supplying the town with water 
for domestic purposes were begun in this year by Stephen Coffin and Robert 
Penland, under a city ordinance permitting pipes to be put down in the 
streets. The right was sold to Henry D. Green in 1860. In 1868 there 
were eight miles of mains laid, and two reservoirs constructed. The price of 
water at this date was $2.50 a month for the use of an ordinary family. A 
charter was granted to Green to manufacture gas for illuminating Portland, 
by the legislature of 1858-9, the manufactory being completed about the 
spring of 1860. Laws Or., 1858-9, 55; Or. Ar!lus, Sept. 24, 1839; Oreyonian, 
Jan. 21, 1860. Price of gas in 1868, $6 per 1,000 feet. 
The first theatre erected in Oregon was bui]t by C. P. Stewart at Portland 
in 1858. It was 100 feet long by 36 wide, and seated 600 persons. It opened 
November 23d with a good company, but was never permanently occupied. 
Or. Statesman, Nov. 30, 1838. In 1864 theatricals were again attempted, the 
Keene company and Julia Deane Hayne playing here for a short season. In 
1868 a theatre was opened, called the N ewmarket, and used for any musical 01" 
theatrical performance; but down to 1884 no special theatre building wai 
erected, or theatrical representations kept going for more than a few weeks in 
the year. Portland, besides lacking the population, was domestic and home- 
loving in its habits, and also somewhat religious in the middle classes, pre. 
ferring to build churches rather than theatres. The population at this time 
was but 1,7.30, there being but 927 voters in 
lultnomah county. In 1860 the 
population had increased to nearly 3,000; in 1802 to a little over 4,000; in 1864 
to 5,819, and in 1877 to 6,717. In 1870 the census returns gave 8,300. Since 
that time the increase has been little more mal'keù, the census of 1880 gi\';ng the 
population at ] 7,<300, to which the five years following adùed at least 5,000. 
The original limits were increased, by the addition of Couch's claim 011 the 
north and Caruthers' claim on the south, to about three square miles, most 
of which is laid out, with graded, planked, or paved streets. One line of 
street-cars, put in operation in 1868, traversed First Street, parallel with the 
rh?er-front, and one, incorporated in 1881, ran back to and on Eleventh Street. 
The general style of domestic architecture had improved rapidly with the 
increase of wealth and population. and Portland business houses became costly 
and elegant. The gross cash value of property in Portland in 1868 was about 



l\IULTNO
IAH AND PORTLAND. , 


719 


ten millions, anù in 1884 was not far from eighteen minions. Deady, in OVfr- 
land 
lonthly, i. 38; Reid's Progress of Portland, 23. The principal public 
building in Portland in 1868 was the county court-house on Fourth 

reet, 
which cost about $100,000, built of brick and stone in 1866. The United 
States erected the post-office and custom-house building on Fi
th Street, of 
Bellingham Bay freestone, in 1860-70, at a cost, with the furniture, of $4-30,- 
000. The methodist church on Taylor Street was finished in 1869-the first 
brick church in the city-costing $40,000. The "Masonic Hall and Odd Fel. 
lows' Temple were erected about this time, and the market amI theatre 011 
First Street. From this period the improvement in architecture, both do- 
mestic and for business purposes, was rapid, anù the laying-out and paving or 
plunking of streets proceeded at the rate of seyeral miles annually. A 
million dollars was expended in enlarging the gas and water works between 
1868 and 1878. A mile ana a quarter of substantial wharves were added to 
the city front, and a number of private residences, costing from 
20,OOO to 
$30,000, were erected. Since 1877 these fine houses have multiplied. that of 
United States Senator Dolph and ex-United States Attorney-genéral 'Yilliams 
being of great elegance, though built of wood. The squares in Portland be- 
ing small, several of the rich men took whole blocks to themsel\Tes, which, 
being laid out in lawns, greatly beautified the appeard.nce of the town. 
Among the prominent business men of Portland, who ha\re not been hith 
erto named, I may mention Donald 
racleay, who was born in Scotland in 
18:34, and when a young man went to Canada, where he engaged in husiness 
at Richmond, in the province of Qucbec. From there he came to Portland in 
1866, going into a wholesale grocery trade with 'Villiam Corbitt of San Fran- 
cisco, and carrying on an importing and exporting business. In 1869 his 
brother, Kenneth 
Iacleay, was admitted to the firm, which does a large ex- 
port trade, and has correspondents in all the great commercial cities. This 
firm made the first direct shipmen t of salmon to Liverpool, and is interested 
at presf'nt in salmon-canning on the Columbia, It has exported wheat since 
1869-70, and more recently flour also, being the first firm to engage in the 
regular shipment of wheat and flour to London and Li,"erpool. In 1872-4 
it purchased several ships, which were placed in the trade with China, Aus- 
tralia, and the Sandwich Islands. One of these, the l.lattie ]'lacl('ay, was 
nameù after a daughter of D.1\Iacleay. Since his advent in Portland, 1\lacleay 
has been identified with all enterprises tending to develop the country. He 
is one of the directors of the Cal. & Or. R, IL, and has been vice-president; 
and has been vice-president of the N. 'V. Trading Co. of Alaska, in which he 
is a stockholder, a director in the Southern Or. Development Co.; local presi- 
dent of the Or. & \Vash. :Mortgage Savings Bank of Scotland, which brought 
much foreign capital to the country; and trustee of the Dundee Trust Invest- 
ment Co. of Scotland, representing a large amount of capital in Oregon and 
'Vashington. For several terms he has been president of the board of trade, 
and at the same time has not been excused from the presidency of the Arling- 
ton Club, or the British Benevolent and St Andrews societies. Few men 
have discharged so many and onerons official duties. 
Uicharù B. Knapp was born in Ohio in 1839, where he resided until 1858, 
when he went to 'Visconsin, from which state he came to Oreson the fol1ow- 
iug ye
r. In 1860 his brother, J. B. Knapp, together with l\1. S. Burrell, 
founded the house of Knapp & Burrell, dealers in hardware and agricultural 
implements, to which he was admitted in 1862, and from which his brother 
retired in 1870. This house was the first to engage in the trade in agricultu. 
ral machinery, for a long time the only one, and is still the most important 
in the north-west. It has done much to develop the farming interest of 
eastern Oregon and 'Vashington, and recently of British Columbia. 
Although Portland is 112 miles from the sea, and twelve above the junc- 
tion of the \Villamette with the Columbia, it was made a port of entry for the 
district of the \Villamette. In 1848, when the territory was established, 
congress declared a collection district, with a port of entry at Astoria, the 
president to name two ports of delivery in the territory, one to be on Puget 



720 


COUNTIES OF OREGON. 


Sound. Nisquallyand Portland were made ports of df'livery by proclamation 
January 10, 1850, and surveyors of customs appointed at $1,000 per year. 
About the time when there had begun to be some use for the office it was 
discontinued, 1861, and foreign goods were landed at Portland in charge of 
an officer from Astoria. But in July 1864 an act was approved again making 
Portland a port of delivery, U. 8. Acts, 1863-4, 353, in answer to numerous 
petitions for a port of entry, a great deal of circumlocution being required to 
deliver goods to the importer, whether in foreign or American bottoms. Deady, 
i
l S. F. Bulletin, July 6, 1864. The legislature of 1864, by resolution, still 
insisted on having a port of entry at Portland; and again, by resolution, in 
18G6 declared the necessity of a bonded warehouse, suggesting that the gov- 
ernment erect a building for the storage of goods in bond, and for the use of 
the federal courts and post-office. Such an appropriation was made in 1868, 
and the bonded warehouse erected in 1869-70, in which latter year l>ortland 
was the port of entry of 'Villamette collection district. COrlg. Globe, 1869-70, 
ap. 664-5. Later steam-vessels for Portland entered at Astoria (Oregon dis- 
trict) and cleared from there to Portland <'Villamette district). Outward 
bound they cleared at Portland, entering and clearing again at Astoria, 
some sailing vessels doing the same. The harbor is safe though small, the 
channel requiring the constant use of a dredger. Pilotage to Portland and 
insurance were high, drawbacks which it was believed would be overcome by 
the application to river improvements of a hoped-for congressional appropria- 
tion. A comparison of the exports and imports of the two districts are thus 
given in FalTish's Commercial and Financial Review for 1877, 20-4. Foreign 
exports cleared from Portland to the value of $3,990,387; from Astoria, 
$2,451,337. Foreign imports entered at Portland, $461,248; entered at As- 
toria, 827,544. The number of coastwise vessels entered at Portland in this 
year was 177, with an aggregate tonnage of 188,984. The clearances coast- 
wise were 114, with a tonnage of 125,190. The number of foreign vessels 
entering was 37, with a total tonnage of 12,139, 1\iost if not all, of these 
vessels loaded with wheat and salmon for English port3. About an equal 
number of American vessels for foreign ports loaded with wheat and fish. 
The wheat was taken on at Portland and the salmon at Astoria. At the close 
of 1878 the wholesale trade of three firms alone exceeded nine million dollars. 
Eight ocean steamers, sixty river steamers, three railroads, and a hundred 
foreign vessels were employed in the commerce of the state which centred at 
Portland, together with that of eastern 'Vashington and Idaho. The year's 
exports from the city amounted to $13,983,650. The value of real estate sales 
in the city were nearly a million and a half, with a population of less than 
eighteen thousand. 
There were in 1878 twenty schools, public and private, sixteen churches, 
thirty-five lodges or secret organizations, fifteen newspaper publications, three 
public and private hospitals, a public library, a gymnasium, a theatre, market, 
and four public school buildings. I have spoken fully of the Portland schools 
in another place. Of societies and orders for benevolent and other purposes, 
Portland in particular and all the chief towns in general have a large number. 
Of different :Masonic lodges, there are the M ultnomah Council of Kadosh, 30th 
Degree, No.1; Ainsworth Chapter of Rose Croix, 18th degree, No.1; Oregon 
Lodge of Perfection, 14th degree, No.1; Oregon Commandery No.1; Grand 
Chapter; Portland Royal Arch Chapter, No.3; Grand Lodge; 'Yillamet
e 
Lodge No.2, Harmony Lodge No. 12; Portland Lodge No. 55; 1\1asolllc 
Board of Relief; \Vashington Lodge No. 46, East Portland. The Masons 
have a fine building on Third Street. The Grand Lodge of Odd Fellows meets 
annually at Portland in the Odd Fellows' Temple, a handsome edifice on First 
Street. Ellison Encampment No. I, Samaritan Lodge No.2, Hassalo Lodge 
No. 15, :Minerva Lodge No. 19, Orient Lodge No. 17, all have their home in 
Portland. The Improved Order of Red Men have three tribes, .Multnomah 
No.3, Oneonta No.4, Willamette No.6. The Great Council meets where it 
is appointed. The Good Templars have three lodges, Multnomah No. 12, 
Nonpareil No. 86, Portland Lodge No. 102, and a Grand Lodge of Deputies. 



CITY OF PORTLAND. 


721 


The Knights of pythias have two lodges, Excelsior No. ì and ?\Iystie No.2. 
The First Hebr?w Benevolent Association of Portland and Independent Order 
of B'nai B'rith r
present the benevolence of the Jewish citizens; the Hibernian 
Benevolent Association and United Irishmen's Benevolent Association, the 
Irish population; 8t Andrews Society, the Scotch; the Scandinavian Society, 
the north of Europe people; the British Benevolent Society, the English resi- 
dents; the German Benevolent Society, the immigrants from Germany-each 
for the relief of its own sick and destitute. 
8t Vincent de Paul Society relieves the needy of the catholic church. 
The Ladies' Relief Society sustains a home or temporary shelter for destitute 
women and children; the ladies of the protestant Episcopal church support 
the orphanage and Good Samaritan Hospital; and a General Relief Society 
gives assistance to whoever is found otherwise unprO\.ided for. Of military 
organizations, there were the City Rifles, Washington Guard, and Emmet 
Guard. Of miscellaneous organizations, there were the Gramt Army of the Re. 
public, the l\Iultnomah County 
ledical Society, the Ladies' Guild of the Epis- 
copal Church, German-American Rifle Club, Portland Turn Verein, Father 

Iatthew Society, Olympic Club, Oregon Bible Society, 'V orkingmen's Club, 
y oung 
len's Catholic Association, Alpha Literary Society, and Althean Lit. 
erary Society. 
Between 1878 and 1882 two public schools were added, a mariners' home, 
a new presbyterian church, a pavilion for the exhibition of the industrial arts 
and state products, beside many semi-public buildings and private edifices. 
Nearly three million dollars were expended in 1882 in the erection of resi- 
dence and business houses; and about four millions in 1883 upon city imprO\oe. 
ments of every kind. The wholesale trade of Portland for 1882 reached 
forty millions, in ceasing in 1883 to about fifty millions. 
luch of this busi- 
ness was the result of railroad construction and the sudden development of 
eastern Oregon and 'Vashington, all the supplies for which were hanJled at 
Portland. The opening of the Northern Pacific in the autumn of 1883 
began to tell upon the rather phenomenal prosperity of Portland from 1873 to 
1883, much of the wholesale trade of the upper country being transferred 
to the east. The improvements made by the Oregon Railway and Nnvigation 
Company have, however, been of much permanent henefit to Portland, one of 
the most important being the dry-dock, over 400 feet long, over 1.00 feet wide, 
and 50 feet deep, for the construction and repair of s(;a-going vessels. It 
was found after completion that the bottom rested upon quicksand, which 
necessitated expensive alterations and repairs. The filling up of low ground 
and covering it with substantial machine-shops, warehouses, car manufactories, 
and depot buildings added not only to the appearance but the healthfulness 
of the environs of the city. 
The suburbs of Portland are pleasant, the drives north and south ot the 
city affording charming glimpses of the silvery'Villamette with its woody 
islands and marginal groups of graceful oaks. Back of the city, lying on a. 
hillside, with a magnificent view of the town, the river, and five snowy 
peaks, is the weat park of the city, long remaining for the most part in a state 
of nature, and all the more interesting for that. A few miles south on the 
river road was placed the cemetery, a beautiful situation overlooking the rhTer, 
with a handsome chapel and receiving-vault. The ground was purchased 
and laid off about 1880. Previous to this, the burial-ground of Portland had 
been on the east side of the river, and inconvenient of access. 
East Portland, built upon the land claim of James Stevens, who settled 
there in 1844, had in 1884 a population of about 1,800. It was incorporated 
in 1870. East Portland was connected with Portland by a steam-ferry in 
1868. A drawbridge completed the union of the two towns, which were made 
practically one. Several additions were made to EaÜ Portland. About the 
time of its incorporation, Ben Holladay bought a claim belonging to \Vheeler 
on the north end, and laid it out in lots. 
lcMil1an also laid off his claim north 
of Holladay. Sullivan and Tibbets laid out a town, called Brooklyn, on tlìe 
south. Albina is a manufacturing town Dorth of 
lc
IiUan's additioD J and 
HISI:. OB., VOL. II. ..-6 



"'l)() 

-
 


COUNTIES OF OREGON. 


'Was founded about 1869 by Edwin Russell, proprietor of the iron-works at 
that place, who failed, and left it just in time for other men to make fortunes 
out of it. , 
Sellwood, named after the episcopalian ministers of that name, was laid 
off in 1882, during the land speculation consequent upon railroad building. 
St John, six miles below East Portland, is an old settlement, with a few man- 
ufactories. Troutdale, six miles east of Portland, !Iount Tabor, Powell 
Yalley, Arthur, Leader, Pleasant Home, Rooster Rock, and \Villamette 
Slough are the lesser settlements of 
iultnomah county. 
Polk county, named after James K. Polk, was organized as a district De- 
cember 22, 1845, and comprised the whole of the territory lying south of 
Yamhill district and west of a supposed line drawn from the mouth of Yam- 
hill River to the 42d parallel. Its southern boundary was established in 1847, 
and its western in 18.33, when the counties of Benton and Tillamook were 
created, Its present area is about 630 square miles, of which over 167,000 
acres are improved. The valuation put upon its farms and improvements is 
o,-er four and a half millions, its IÏ\Te-stock in 1884 was valued at $600,000, 
and its farm products at 81,200,000. The real and personal property of the 
county was assessed at a little dlOrt of two millions. Population, 7,000. 
Dallas, on the La Creole River, was named after the vice-president. It was 
made the county seat in 18,)0-1, and incorporated in 1874. An act was 
rassed for the relocation of the county üeat in 1876, but Dallas was again 
chosen by the popular vote of the county. It is a prettily located town of 
700 inhabitants, with a good water-power, several manufactories, and a prÏ\'ate 
academy. Independence, situated on the 'Villamette River, was incorporated 
in 1874, has a population of 700, and is a thriving place. lVlonmouth, the seat 
of the christian college, is a flourishing town of 300 inhabitants in a populous 
}wecÏnct. It 'was founded by S. R. \Vhitman, T. H. Lucas, A. 'V. Lucas, J. 
n. Smith, and Elijah Davidson, for a university town. It was incorporated 
in 1859. Buena Vista, on the \Villamette, had a population of two or three 
hundred. In it was the chief pottery in Oregon. It was incorporated in 
1876. Bethel, Luckiamute, Eola, founded in 1851 by \Villiam Durand, 
Grand Rond, Elk Horn, Brooks, Lincoln, Lewisville, Ballston, Crowley, 
ßlcCoy, Parker, Perrydale, Zena, and Dixie, are the lesser towns and settle- 
ments of Polk county. The culture of hops in this county assumed consider- 
able importance. 
Tillamook county, the Indian appellation given to the bay and river by 
Lewis and Clarke, was created out of Clatsop, Yamhill, and Polk counties, 
December 15, 1853. It contains nearly] ,600 square miles. Lumbering and 
dairying are the chief industries, and little farming is carried on. The value 
of improvements of this kind is between four and five hundred thousand dol- 
lars. The valuation of real and personal property in the county amounts to 
less than $100,000., The county seat is Tillamook, at the head of the Lay. 
The whole white population of the county is less than a thousand, including 
the towns of N estockton, Kilchis, Garabaldi, and N ehalem. The Siletz 
Indian reservation is in the southern end of the county. 
"Gmatilla county, the aboriginal name, wa3 organized September 27, 1862, 
out of that portion of ""Vasco county lying between \Villow Creek on the west 
and the summit of the Blue Mountains on the east, and between the Columbia. 
on the north and the ridge dividing the John Day country from the great 
basin south of it. Its boundaries have since been made more regular, and its 
present area is 6,500 square miles. There are O\Ter 144,000 acres of improved 
land in the county, valued, with the buildings and fences, at over two antl a 
half million dollars, the farm products a little less than a million, and the 
live-stock at 81,800,000. The assessed valuation of real and personal property 
in the county is 8:!,094,000. Population in 1884, 10,000, Pendleton, the 
county seat, namcd after George H. Pendleton, was founded in 1868 by com- 
missioners appointed for the purpose, and incorporated October 23, 1880. It 
is situat
d on the Umatilla River, in the midst of a beautiful country, and 
pn the edge of the reservation of the Umatillas, with whom, as well as 



U
IATILLA AXD UNION. 


723 


with the country about, it enjoys a good trade. The population IS ahout 
1,000. Umatilla City, settled in 1862, was first called Cain's landing, then 
Columbia, and finally incorporated as Umatilla ill 1864. It was the place of 
transfer for a large amount of merchandise and tra\Tel destined to the Boisé 
and Owyhee mine8, as well as the most eastern mining districts of Oregon, 
and carriEd on an active business for a number of years. It became the 
county seat in 1865, hy special election. The establishment of Pendleton in 
a more central location, and the withdrawal of trade consequent on the 
failure of the mines, deprived Umatilla of its population, which was re- 
duced to 130, and caused the county seat to be rcmoved to Pendleton. 
"\Yeston, on Pine Creek, a hranch of tl{e 'Valla 'Valla River, was named after 
"\Y eston, 
Iissouri, and incorporated in 1&78. It is purely an agricultural 
town, with three or four hundred inhabitants, heautifully situated, and pros- 
perous. The minor towns and settlemcnts are 
Icaàowville, :Milton, Heppner, 
Pilot Rock, Centreville, l\1idway, Lena, Butter Creek, Agency, Cayuse, Cold 
Spring, Echo, Hardmann, Hawthorne, Helix, 
Ioorhouse, Pettysville, Purdy, 
and Snipe. 
Gnion county, so named by unionists in politics, was created October 14, 
18G4, to meet the requirements of a rapidly accumulating mining population, 
L3. Grande, upon the petition of 500 citizens, being named in the act as the 
county seat until an election could he had, It occupies the extreme north- 
east corner of the state, touching 'Vashingtol1 and Idaho. Its area embraces 
5,400 square miles, of which about 93,000 acres are improved, the farms and 
bui
dings being valued atone and a half millions; the live-stock of the county 
at Sl,O:'!!),OOO, and the farm proùucts at 8432,000. The valuation of real and 
personal property for the tenth census was gi "en at considerably over a million 
aud a quarter. The population was about 7,000. The chief industries are 
stock-raising, sheep-farming, and dairying. Union City was founded in the 
autumn of 1862, by the immigration of that year, at the east end of Granel 
!lond Valley, in a rich agricultural region. It ,vas chosen for the county 
seat in 1873, ùy a vote of the pe0ple, anù incorporated in 1878. Its popula- 
tion is eight hundred, and rapidly increasing. D. S. Baker and A. H. Rey- 
nolds of \Valla 'Valla erected a flouring mill at Union in 1864, the first in 
Grand Rond Valley. La Grande was founded in October of 1861 by Daniel 
Clwplih, the first settler in the valley. It took its name from reminiscences 
of the French voyageurs, la grande vallée, a term often applied to the Grand 
Rond Valley. The town was made the temporary seat of Union county by 
act of the legislature in 1864, and incorporated in 1865. A land-office was 
established here ill 1867, for the sale of state lands, Chaplin b{:ing appointed 
receÏ\'cr. In 18;2 this district was madc identical with the U. S. land district 
of La Grande. La Grande is also the scat of the Blue :Mountain University. 
The population is GOO. Sparta, Oro Dell, Island City, Cove, and Summer- 
ville are the lesser towns of Grand Rond Valley; and Lostine, .J oseph, and 
Alder of 'Vallowa Valley. Elk Flat, Keating, New Bridge, Pine Valley, 
Prairie creek, and Slater are the other settlements. 
Among the residents of Union county who ha,Te furnished me a dictation 
is .Tames Quincy Shirley, who was born in Hillborough, N. H., in 1829, ana edu- 
cated in New London. He came to California in 1849, by sea, and mined at 
Beal's Bar on American River. He was in the neighborhood of Downieville 
2 years, trading in cattle, which he bought cheap at-the old missions, and sold 
high to the miners. He remaincd in the business in different parts of the state 
until 18G2, when he started with a pack-train of goods for I(1aho, but had 
everything taken from him hy Indians, ncar 'Varner Lake, from which point 
he cscaped on foot to Powder River with his party, and went to the Florence 
mines. From Idaho he went to Portland, and by the aid of a friend secured 
employment under the government, but left the place and cut and sold hay 
in Nevada the following year, getting 82.3 and $30 per ton at Aurora. In 1864 
he again purchased cattle, at $2.50 per head, driving them to !\lontana, where 
they sold for $14. Horses for which he paid 814 Bold for from $30 to $80. This 
beil1g a good profit, he repeated the trade the following year, driving his 



'124 


COUNTIES OF OREGON. 


stock through Nevada, and purchasing old Fort Hall, which he resold to the 
goyernment 3 years afterwarù. In 18ü9 he settled in Raft River Valley, 
Idaho, where he had a horse and cattle rancho. In the autumn be shipped 
the first cattle eyer carried on the Central Pacific railroad from Humboldt 
House to Niles, Cal. He continued in this trade for se,"eral years longer, 
and in 1883 sold out his stock and land at Raft River for $100,000, bought 
10,000 sheep and placed them on a range in Utah. After looking over llew 
and old l\lexico for land, he finally settled in Union co., Oregun, wllere he 
raises grain, and buys and sells cattle, an example of what can be dune if the 
man knows how to do it. His real property lies in 4 different states and ter. 
ritories, and he has $100,000 in live-stock. 
""'asco county, named after an Indian tribe inhabiting about the dalles of 
the Columbia, was organized January II, 1834, comprising under the act 
creating it the whole of eastern Oregon, these boundaries being reduced 
from time to time by its division into other counties. Its area is 6,230 square 
miles, of which about 80,000 acres are improved, valued at $1,700,000. The 
products of farms were valued at a little less than half a million for 1879, 
while the lh'e-stock of the county was assessed at not quite two millions. 
The gross valuation of all property in 1881-2 was set down at about four and 
a half millions, and of taxable property 83,220,000. The population of the 
county at the tenth census was not much O\"er 1l,000. \Vasco county pos. 
sesses a great diversity of soil, climate, and topography. There is a large 
extent of excellent wheat land, and an equal or greater amount of superior 
grazing land. l\Iore sheep and horses were raised in \Vasco than in any other 
county, while only Baker exceeded it in the number of honled cattle. The 
Dalles is the county seat of \Vasco. Its name was first gi\Ten it by the 
Hudson's Bay Company, whose French servants used a nearly obsolete word 
of their language-dalle, trough or gutter-to describe the channel of the 
Columbia at this place. By common usage it became the permanent appella- 
tive for the town which grew up there, which for a time attempted to add 
'city' to Dalles, but relinquished it, since which time' The Dalles' only is 
used. To the dalles, which rendered a portage necessary, the town owes its 
location. It was founded by the methodist missionaries Lee and Perkins, 
in l\larcb 1838, abandoned in 1847, taken possession of by the U. S. JJ?ilitary 
authorities, partially abandoned in 1853, and settled upon as a donation 
claim in that year by 'Vinsor D. Bigelow. During the mining rush of 18,)8- 
65 it became a place of importance, which position it has continued to hold, 
although for many years under a cloud as to titles, as related in another 
place. It was incorporated January 2G, 1857. It was once contemplated 
establishing a branch mint at The Dalles for the coinage of the products of 
the mines of Oregon, 'Vashington. Idaho, and :Montal1a. Such a bill was 
passed by congress, and approved July 4, 1864. An edifice of stone was par- 
tially erected for this purpose, but before its completion the opening of the 
Central Pacific railroad rendered a mint in Oregon superfluous, and the build- 
ing was devoted to other uses. Down to 1882 The Dalles was the transfcr 
point for passengers and freight moving up and down the river, but on 
the completion of the Oregon Railway and Navigation Company's line from 
yarious parts of the upper country to Portland, a large portion of the traffic 
which formerly centred here was removed. Yet, geographically, The Dalles 
remains a natural centre of trade and transportation, which, on the comple- 
tion of the locks now being constructed at the Cascades, must confirm it 3.S 
the commercial city of eastern Oregon. The Dalles has several times suffered 
from extensive conflagrations. Thc last great fire, in 1879, destroyed a million 
dollars' worth of property. A land-office for the district of The Dalles was 
established here in 1875. The lesser towns and settlements in 'Vasco county 
are Cascade Locks, Hood River, Celilo, Spanish Hollow, Bake Oven, Lang's 
Landing, Tyghe Valley, Des Chutes, :Mount Hood, \Varm Spring Agency, 
Antelope, and Scott. There are a number of other post-offices in \Vasco 
county as it was previous to the division into Crook and \Vasco in 1882, which 
I have not put down here because it is doubtful to which county they belong. 



\VASHIXGTON AND YA1tfHILL. 


725 


ThE'Y are Alkali, Blalock, Cluk, Cross Hollows, Cross Keys, Crown Rock, 
Dufur, Fleetville, Fossil, Grade, Hay Creek, Kingsley. Lone Rock, Lone 
Valley, :Mitchell, Nansene, Olex, Rockville, Villard, and'Valdron, . 
Samuel E. Brooks, from whom I have a dictation, and who is a natÎ\"e of 
Ohio, came to Oregon overland, via Platte antI Snake rivers, in 1850, ill com- 
p:my with C. H. Haines, Samuel Ritchie, \Vashington Ritchie, S. B. Roberts, 
J, H. 'Villiarns. his father Linn Brooks, his mother E. Brooks, his brothers 
ß, S. and H. J. Brooks. Samuel settled at The Dalles, and married Annie 
Pentland, daughter of Robert Pentland, ill 1872. He is among the prominent 
men of \Vasco county. 
'Vashington county was established under the name of Twality district, 
the first of the four original political di \Tisions of Oregon, on the 5th of J nly, 
]843, and comprised at that time all of the territory west of \Villamette and 
north of Yamhill rivers, extending to the Pacific ocean on the west, and afJ 
far north as the northern boundary line of the United States, then not deter- 
mined. Its limits have se,.eral times been altered by the creation of other 
counties, and its name was changed from Twality to \Vashington September 
4, 184-0. Its area is 682 square miles, 62.000 acres of which is improyed 
land, valued with the improvements at ahout three and a half million dollars. 
The li\Te-stock of this county is all upon farms, and is assessed at a little less 
than four hundred thousand. The farm products of 1870 were ""abed at over 
$700,000. The statð returns for 1881-2 make the gross yaluation of all prop- 
erty 
3,717 ,000, and the total of taxahle property over t\VO an
1 a half millions. 
l'he population i8 between seven and eight thousand. A consiùcrable portion 
of the northern part of \Vashington county is beavily timbcred and moun- 
tainous, but its plains are famed for thcir productiveness, an (1 the face of the 
country is beautifully dh-ersified. HiEsboro, fouuded by David Hill, one of 
the executive committee of Orcgon in 184:3, is the county seat. It was incor- 
porated in 1876. The lJOpulation is about five hundred. Forest Grove, t
le 
seat of Pacific Unh-ersity, has GOO inhabitants. It was founded by Han-ey 
Clark in 1849, and incorporated in 1872. The U. S. Indian school, foundeù 
ill 1879, is located at Forest Grove. The location of the university town at 
the edge of the foot-hills of the Coast Range, in the midst of natural gro\-es of 
oak-trees, gives an academic air to the place, and certain propriety to the 
name, which will be lost sight of in the future should not the forest beauties 
of the place be preserved. The lesser towns are Cornelius, Gaston, Dilley, 
Gale's Cree"-, Cedar :l\1ill, Bethany, Beaverton, Glencoe, Greenvillc, Ingles, 
Laurel, .l\liddleton, :l\1ountain Dale, Scholl's Ferry, Tualatin, and 'Vest Union. 
Harley 
IcDonald, born ill Foster, R. 1., in 182.3; came to Ca!. in 18-19 hy 
sea, and to Oregon the following year, locating at Portland. His occupation 
was that of architect antI dr
ughtsman. He built the steamer IIoosiel', one of 
the first on the upper 'Yillamette, in 18.31; the first theatre in San Francisco; 
the first wharf antI first church in Portland; the first railroad station at Salem; 
and is engaged by the gO\Ternment to erect school-houses on the Indian reser- 
yations. He married, in 1848, Betsy 11. Sansom, and has 8 children, one son 
being a banker. He resides at Forest Grove. 
Yamhill county was first organized as one of the first four districts, July 5, 
1843, and embraced all of the Oregon territory south of Yamhill River, and 
west of a supposed north and south line extending from the mouth of the 
Yamhill to the 42d parallel. Its boundaries were subsequently altered anù 
abridged until it contained a little more than 7.30 square miles. The amOUlJt 
of improved land is ll!),OOO acres, valued, with the improvements, at 8.3,518,- 
000. The value of lh-e-stock is over half a million, and the yearly product of 
the farms is about a million and a half. The valuation of real and personal 
estate is in excess of two ana a half millions, and the population is 8,000, This 
county is famed for its wheat-producing capacity, as well as for its mauy beau- 
ful features. Lafayette, once county seat, is situated on the Yamhill Ri \-er, 
which is navi.gable to this point. It was founded by Joel Perkins about 18.31, 
an<<1 named Ly him after Lafayette, Indiana. Pcrkins was murdered, while 
returning from California in July 18.36, by John :Malone, who banged bimself 



726 



rANUF ACTURES. 


in jail after confessing the act. Or. Statesman, Aug. 12, 1856; DeadY'l
 Hi.
t. 
Or., 1\18., 78. It was chosen for the seat of the county in August 1838, Its 
court-house, erected in 1839 at a cost of 81t,000, was the pride of the county 
at that time, but its age is now against it, and it does not do credit to so rich 
a county. The population of Lafayette is 600. The town was incorporated 
in 1878. 
lc
lìnnville, founded by \Villiam T. Newby in 1854, \\as named 
after his native town in Tennessee. It is the seat of the baptist college, is 
on the line of the Oregon Central railroad, and has a population of 800. Its 
incorporation was in 1872. Dayton, founded by J ocl Palmer on land pur- 
chasecl of Andrew Smith, and named after Dayton, Ohio, is a pretty town, on 
the Yall1hill River, of 300 inhabitants, anù the initial point of the Dayton, 
Sheridan, and Grand Rond narrow-gauge railroad. It is a shipping point for 
the wheat grown in the county, which is here transfcrred from the railroalls 
to steamboats, and carried down the Yamhill and \Villamette Rivers to Port- 
land or Astoria. Dayton has a grain elevator and mills. It was incorporated 
in 1880. Sheridan, at the present western terminus of the narrow-gauge 
l'ailroad, is a picturesque town of less than 200 inhabitants, named after 
General P. Sheridan, who as a lieutenant was stationed at Fort Yamhill, 
near here. It was settled in 1847 by Absolem B. Faulconer, and incorporated 
in 1880. Amity, founded in 1830, is another })retty village, in a fine agricul- 
tuntl region, incorporated in 1880. The minor settlements are Bellevue, 
Carlton, .Ekins, Kcwburg, North Yamhill, \Vest Chehalem, and \Yillamilla. 
There was a proposition before the legislature of 1882 to create one 01" 
more counties out of Umatilla. Bya comparison of the .wealth of the several 
counties of Oregon, it is found that the amount per capita is largest in 1\lult- 
Dornah, which is a commercial county. The agricultural counties of the 
'Vi1lamette Valley rank, Linn first, Yamhill second, Lane third, and :Marion 
fourth, Clackam::-.s ranking least. The coast and Columbia-River counties 
fall below the interior ones. In the southern part of western Oregon there is 
also llmch less wealth than ill the \Villamette Valley, Douglas county, how- 
m'er, 12ading Jackson. III eastern Oregon, Umatilla leads the other counties 
in per capita wealth, Grant, Union, \Vasco, Lake, and Baker following in the 
<;>rder named. This may be different since the cutting-off of Crook county, 
which took much of the best portion of 'Vasco. The comparative amount of 
W!leat raised in 1880 was greatest in 1\Iariol1 county, which raised 1,0GO,000 
Lushels, Yamhill, Umatilla, Linn, and Polk following with nearly 1,000,000 
each. Clackamas county raised less than 500 bushels. But Clackamas pro- 
duccd SßO,OOO worth of fruit, being the second fruit county, Linn leading the 
state. Lake raised almost none, Curry, Clatsop, and TiUamook very little, 
and all the othcr counties from S4,000 to S;
,OOO worth, all but tHree, B:1ker, 
Grant, and Columhia, pro<1ucing ovcrS10,000 worth, and nine of them fromS30,- 
OOJ to $37,000 worth. The gross value of the fruit crop was O\Ter $3SI,00J. 
From this general and comparative review of the counties and towns of the 
state, as taken from the assessors' statistics, to which a large amount in values 
may safely be added, the condition of the population at large may be gathered, 
especially as refers to agriculture. l\lanufactures are considered under a 
sel'arate hea.d. 


MANUFACTURES. 
The earliest manufactured product of Oregon was lumber. From the 
building of the first mills for commercial purposes, in 1844, to 1883, this has 
continued to be a grand staple of the country. At the last date mentioned 
there were o\.er 228 saw-mills in the state, costing o\'er a million and a half 
of dollars, and producing annually lumber valued at over two millions, It i 
difficult to give even apppoximately the percentage of acres of timbered land 
that would proJuce lumber. Both sides of the Coast Range, the west side of 
the Ca
cade Range, the highlands of the Columbia, and the north end of the 
'YilJamctte, as well as the bottom-lands along that river for sixty milcs, are 
heavily timbered; while the east side of the Cascaùes, thc west side of the 
Blue )loulltains, and the flanks of the cross ranges bctwet:n the \ViUamette, 



LU
IBER .A:t\TJ) SHIP-BUILDING. 


727 


Umpqua, and Rogue River valleys are scarcely less denscly covered 'with 
forest. See Review BO(lrd of 1. 'rrade , 1877,33; Uverlaud Jlonthly, xiii. :!-17--9; 
Rept Com. Auric., 187:5, 330-1; .J.1Iosely's Or., 30; Or. Levis. Docs, 1876, doc. 
ii., 13. 
The merchantable woods of Oregon are yellow fir, cedar, pine, spruce, 
cottonwood, hemlock, oak, maple, ash, alder, arbutus, and myrtle. 
Fir is the staple used in ship-building, house-building, fencing, furniture, and 
fuel. Cedar is used for finishing, and withstands moisture. Hemlock is 
used in tanning. Oak is utilized for farming implements and wagons; cot- 
tonwood for staves; ash, maple, and myrtle for furniture. Yencering frllm 
the knots of Oregon maple receivell a diploma. from the centennial cxposi
ion 
of 1876, for its beauty, fineness of grain, toughness of fibre, and susceptibility 
tu polish. 
Ya:.;h's Or., 128. Combined with myrtle, which is also Lcautiìully 
marke( 1 and susceptible of a high polish, hut of a dark color, the reSU.lt is onc of 
great elegance in cabinet-work, A few yessels built at Coos Bay ha\Te 1Jt'cn 
finished inside with these woods, presenting a remarkably pleasing effect. 
Half of all the wood useJ in the manufacture of furniture in San :Francisco 
iH exported from Oregon. As early as 18G2 a set of furniture made of Oregon 
maple was sold in 
an Francisco for $800. Ur. Staicsrna1l, :ßlay 12, I0G
. 
The furniture tra(le cf the 
tate reached $730,00J annually, two thirds of 
'which was for home-made articles. The Oregon :I\Ianufacturing Company of 
Portland in 1873 began to make first-class fashionable furniture from llatiye 
woods, a building heing erecteù by J. A. Strohridge on the corner of First 
and Y am
1Ïll streets, at a cost of $7.3,000, for the company's use. Portland 
JJ-(8t Shure, Aug. 1875; Ifill..,úr-ro Jrash. [mlependeut, Dec. 2, 187,). The 
finést ca1Jinet articlcs were ma(le in Portlanù. Other sm
lller factories were 
scatÌ(
rcd throughout the state, hut Portland furnis
led a large proportion of 
the furniture Rold by country mcrcbants. According to a promincnt Pacific 
coast statistician, John S. Hittell, R(,s0 1l1"ces, 584-3, therc were I30,00a,ooo 
feet of lu
nber sawed in Oregon in 1880-1. The greater part of this was cut 
at the mills on the Columbia, and the southern coast, se\'eral of ydÜch tur':'l 
out ;.\030 feet per day. Thc mill at St Helen cut from 4J,000 to 7.3,00J 
in 21 hours. At Coos Bay and Port Orford there were mills that produce 
21,OJÜ,OJO to :37,OOO,OOa feet annually, O;ljry's OJ". R(,sCJurc('s, )18., 43; 8.8. 
jJlanll, in [/i.-;torical C01'rc.
polld('1U'(', 
IS, Thc Coquille mills saw 12,CüO,OOJ 
feet for San Francisco market annually. In eas
erl1 Oregon the Dlue :MOUll- 
tains furni:shed thc principal part of the hunher made. The Thielsen fhune, 
for carrying lumher from the mountains, is the largest, carrying 50.000 feet 
of lumber and 3\)0 cords of fìre-wood l1aily from the mills to the town of 
:Milton, near the Oregon line. It was the property cf the Oregon Ill1pron
- 
meat Company, and, inclmling its branch, ,,-as thirty mile3 long. The Litt:e 
Y,
hitel:;almoll flume, built by the Oregon Uailwayaud Xadgation Comrany 
to bring lumber to The Dalles, was ten miles ill length. Ilittell's lte:;ollrce.s, 
581-.3. 
At St Johns. near the mouth of the 'Yil1amette, was the location of the Or- 
egon Barrel Company, whcre barrels, pails, fruit-packing boxes, and cases for 
h8ldin
 packages of canned salmon were manufactured; 0, B. 8m-erance 
founder. The products of this factory were. worth about $1.3,000 annually. 
There was a similar factory at Oregon City in ISG3, and there was, in ] 884t 
a large box factory at Portland, owned by J oh11 Harlowe & Co. "
ooa 
was used for fuel throughout Oregon, except in a few puhlic and priyate 
houses, where coal was preferred. It was abumlant amI cheap everywhere 
wcst of the Cascade .Mountains. the highest prices obtaining in Portland, 
where fir wood brought six dollars pCI' cord, and oak eight. J\Iost of the river 
stcamers used woo<1 for making steam as a mattcr of economy. 
Ship-building, which depcmIs upon the quality of timber produced by the 
country, is carried on to a considerable cxte:lt, the principal ship-yanl heing 
at Coos Bay. The oldest yard on the bay i::i at North Bend, wbere the bri 6 
AJ"ClYo was built 1JY A. Ì\1. and U. \Y. Simpson in 1836, since which time 
twenty-two other vessels have been launched from this yard, with tOllllage 



728 



fANUF ACTURES. 


aggregating 12,500. They were launched in the following oròer: brigs A rago 
and Blanco, 1836-8; schooners .iJfeudocino and Florellce E. JValton, 18;
)9-(j0; 
)Jrig AdcallCf, 1861; schooners Enterprise, Isabella, J/annah Loui8e, anù Ju- 
'L'euta, 186:
-5; barkentines Uccident and .iJfelanctlwn, 1866-7; schooner Bunk- 
alation, 1868; barkentine JVebfoot, 1869; schooners Botama and Oregonian, 
1871-2; barkentine Portland, 1873; ship JVesterll Shore, 1874; barkentine 
'J'am U'Shantfr, 1875; barkentines J..Vorth Bend and Klikitat, and schooners 
'l'rustee, Jumes A. Garjidd, and one unllamcd, 1876-81. The ship JVestern. 
Shorc was the largest and strongest ship cver built on the Pacific coast, and 
the second in number, the JVildwood, built at Port :Madison in 1871-2, being 
the tirst. The JVe.-;tern Shore was designed hy A. :\1. Simpsun, and Luilt Ly 
J úhn Kruse. The joiner-work was done by Frank Gibson, the polishing of 
t
lC wood-work by :Frederick :Mark, and the painting by Peter Gibson. 
he 
was 2,OUO tons burden, and her spars the finest evcr seen in Liverpool. R. 
'V. Simpson designed the rigging and can,-as. The caLin ,vas finishcd with 
myrtle wood, relievcd by door-posts of Sandwich Island taman a in a handsome 
manner; but the 1'am U'Shanter was finished still more handsomely by the 
same German workman, F. :r>.Iark. The first voyage of the JVe."terll, .....hore was 
to San Francisco, thence to Liverpool, loaded with 1,!>40 tons of wheat, com- 
man<Ied by 'V esley 11c
\llep, She beat the favorite San Francisco ship 'l'hree 
Brothers 8 days, and the lJritish f{ing, a fast sr.ilcr, 14 days-a trium
'/h for 
her builders. She cost $86,000, less than such a ship could bc built {(,r at 
Bath, .l\lainc. Thos B. I\lerry, ill Portland TVest Shore, 11ay 1876 and Feb. 
1882; S. P. Bulletin, Nov. 20, 1876. 
From the ship-yard of H. II. Luse, at Empire City, Coos Bay, eight vessels 
were launched betwecn 18ûl and 1881, with an aggregate burden of !>DO tOllS. 
The class of vessels built at Empire City was smaller than the North Bend 
vessels, several being smaU steamcrs for use on the bay. They were '
he 
schooners Rebeccct, Kate Pipfr, and Cashman, brig Robert Emmett, amI 
team- 
tug A Iplta, and the steamcrs Satellite, 0008, and Bertha. The Alpha was the 
first ,"csscl bui
t at this place, and the only one before 1860. Portland rVe,.t 
Shmoe, Feb. 1882, 26. At :r>.larsbfield, Coos Bay, E. B. Dean & Co, have a 
ship-yard. Here were built twenty vessels between 18û6 and 1881, of an r.g- 
gregate capacity of 9,070 tons, and at other points on the bay and river. The 
first vessel built at :r>.larshfie1d was the steam-tug Escort. Then followed the 
schooners Staghound, Louisa, .Morrison, I-canhoe, Annie Stauffer, Panamá, 
Suu,..:hiue, FrithiojJ, Laura ltIa]/, Jennie Stella, C. II. ltJerchant, Santa Rosa, 
Geo1'ae O. Perkins, J. G. .1Yorlh, Dakotct, and one unknown, the harkentine 
Amdiu, the steamers il1esseu9"r and IVasp, and the tug Escort No.2. The 
steamcr Juno was built in Coos River, and also a schooncr, name unknown, 
at Aaronville. :Merry makes mention of the North Bend tug Fcarless, which 
is not down in the list. 
1'he rcputation of Coos Ray vessels for durability and safety is good, few 
of thcm having been lost. The Florence JValton was wrecked on the con.st 
between Coos liay and Rogue River. The Bunkalation, whi
e ùischarging a 
cargo of lime at cape Blanco for the light-house, was set on fire by the sea 
washing down the hatchway, and entirely destroyed. The Sunshine was 
wrecl
cd off Cape Disappointment b) capsizing in a ßudden squall, from her 
masts being too tall and the hoops too small to allow the sails tu be lowered 
quickly. Portland JVe,st Shorf>, June 1876, 6. Several of them have been in 
the Columbia River trade ever since they were completed. 
Ship-building in a small way has been carried on in the Umpqua River 
ever since 1836. Two Rchooners, the Palestine and Umpqua, were built about 
a mile and a half below Scottsburg, by Clark anù Eaker, in 18.)3-û, for the 
San Francisco trade. Or. Statesman, 
lay 6, 1836. In 1857 the steamer 
Satellite was huilt to run on the river. In 1860 John Kruse, Bauer, and 
l\Iaury built the schooner .iJj ary Clevdaud, at Lower Scottsburg, for the C..li. 
fornia trade. ill., 
lay l:
, 1861. Kruse also built the schooners Pacific and 
JV. F. Brown in 1864-3; 110pkÜ-ul Sllip-buildiny Pacific COrli:it; David.'ion'.
 
Coast Pilot, 139. A few vessels have been built in Tillamook .Bay, of light 



FLOUR. 


729 


draught and tonnage. Ever since the Star of Ore[Jon was launched from Oak 
Island in the 'Yillamette in 1841, ship-building has been carried on in a ù
sul- 
tory fashion along on the Columbia and 'Villamette, no record of which has 
been kcpt. An examination of the U. S. OOmme7"Ce ami J..Va'dgation StatÙ;lÏc8 
from 1830 to 1836 shows that no figures are given for more than half the 
years, consequently the information gaincd is comparatively worthless. In 
the years given, 18GO, 1837, 1863, 18ß8-1877, there were 109 vessels of all 
classes, from a barge to a brig, built in Oregon, 31 of which were 8ailing ves- 
sels. According to the same authority, there were 60 steam-vessels in Oregon 
waters in 1874; but these returns are evidently imperfect. 
The cost of ship-Luilding as compared with })ath, 
laine, is in favor of 
Oregon ship-yards, as shippers have been at some pains in the last ten or 
fifteen years to demonstrate, as well as to show that American wooden ships 
must soon displace English iron vessels, and American shipping, which has 
been permitted to decline, be restored. The report of the Pacific Social 
Science Association on the Restoration of A merican Shipping in the F01.eiyn 
'l'rade, by a committee consisting of C. T. Hopkins, A. S. Hallidie, I. E. 
Thayer, A. Crawford, and C. A. \Yashburn, is an instructive pamphlet of 
some 30 pages, showing the causes of decline and the means of rcstoring the 
Americaa shipping interest. In 1875-6, $l.G13,308 was paid away in Orcgon 
to foreign ship-owners for grain charters to Europe, which money should have 
been saved to the statß anù rein\ ested in ship-building. Eoard oj 'l'r.;de llept, 
187,1, 10, I have quoted the opinions of competent writers in the history of 
Pu;;ct Sound sl1ip-building, and will only refer here to the folIo", ing pam- 
phicts. Rlrri:,;!t's l.'eview.'i of tlte Commel.cial, Finan.cial, and IndustJ"iall nterc.o.;t.s 
of Ure[J m, IS'i7, 31-
; Gilji.y's ltesolfrces Ur., 1\1S., 43-58; lleview of Portland 
JJoClr,i of'l'rade, 1877; and llopki:u/ Ship-building, 18G7. In view of the re- 
quirements of commerce in the future, the Oregon Railway and Ka.dgatiou 
Co:::pany have provided a magniIicent dry-dock at Albina, opposite Portland, 
whicl1 \vas completed aboat ] 883. 
Iìloar takes ClC second pla:::e, in point of time if not of value, in the list of 
Oregon m::nufactures. Since the time when wheat was currency in Oregon, it 
has played an important part in the iinanccs of the country. Taking a compar- 
atively recent view of its importance, the fact that the wheat crop increased 
from 
:3
lJ,OOJ bushels ill 1870 to 7,486,000 in 1880, establisl)es its relative 
value to any and all other products. A yery large proportion of the wheat 
raiseJ in Orcgon was exported in bulk, but there was also a large export of 
manuÍ:.tcturcd Dour. The first to export a full cargo of wheat direct to Europe 
was Jo:::;ep
l \Vatt, who sent one to Liverpool by the þ",'ullie Brown in ISG3. It 
cost 'Yatt t;4,OOJ to make the experimcnt. The English millers, ullacquaint
(l 
with tho plump \Villarnette grain, condcmned it as swollen, but bought it at a 
reduced price, antI grounù it up with English wheat to give whiteness to the 
flour, since which time they have understood its value. Gro?-'cr's Pub. Life in 
UJ'., ,MS., 69; Watt, in Camp-jire Oration.<.:, I\lS., 1-2. Another cargo wcnt the 
same year ill the lIelen .A1l!Jier. The year previous to 'Vatt's shipment a. cargo 
of wheat and flour was sent direct to Australia by the bark Wltistler. .As 
early as 18ßl H. E. Hayes and U. B. Hawley of Yamhill had 10,000 bushels 
ground up at the Linn City .'r\liHs (swept away in the flood of the following wiu- 
tel') for shipment to Liverpool, taking it to 8. :E'. to put it on board a clipper 
ship. U1.. A rgus, Jan. 12, 1861. In 18G8-U, 30,303 bushels of wheat and 
OO 
barrels of flour, worth 836,447, were shipped dircct to Europe. The trade 
increased rapidly, and in 1874 there were 74,71':> bushels of wheat aUll 
8,Sll 
barrels of flour sent to foreign ports, worth $1,02G,302. S. F. Bulletin, Jan. 
20, 1875. 
The number of flouring and grist mills in the state was over a hundred, in 
wbich more than a million and a quarter of e3ot'Jital was invcsted, producing 
anllually three and a half millions' worth of flour. Some of the most famous 
mills were the following: Standard :Mills at l\1ilwaukee, completed ill 1860 by 
Edùy, Kcllogg, and Bradbury, whieh could make 2.30 barrels daily. TLe 
Oregon City 11ills, owned by J. D. :Millel'J capable of turning out 300 barreLs 



730 



IANUF ACTURES. 


daily. This mill was or!,5inallyerected in 1866 to make paper, but con,.erted 
in 1868 into a flouring-mill. The Imperial :Mill at Oregon City, first owned by 
Savicr and Burnside, was capable of grinding 500 barrels daily. T!le Sa.lem 
Flouring 
Iills, owned by a company organized in 1870, with a capital of 
830,000 since increased to $200,000, and which had A. Bush, the former ed.hor 
of the Ur. ,')'tatesman, and later a banker in Salem, for president, mauu. 
factureù 15,000 to 16,000 barrels of flour monthly. Their flour took the lead 
in the markets of Europe. The Jefferson City l\1ills, owned hy Corbitt and 
1\Iac1eayof Portland, ground 10,000 barrels monthly. J. H. :Foster's mill at 
Albany had a capacity of 300 barrels daily. JIittell's Re.sources, 53j-8. 
In tue great ilooù of 1861-2 the Island mill at Oregon City, built by the 
methodist company, and John :McL01.1!Shlin's mill were both carried away. 
1\IcLoughlin's mill was in charge of Daniel Harvey, who married l\Irs Rae, the 
doctor's daughter. Harvey was born in the parish of Sheíford, county Essex, 
England, in1ö04, He died at Portland, Dec. 5, 1868. Portland Advocatc, Dec. 
19, 18G8. 
Salmon, by the process of canning, becomes a kind of manufactured goods, 
and was one of the three great staples of the state. The salmon of the Colum- 
bia were introduced to the markets of Honolulu, Valparaiso, anù London, in 
a meaSl:l'C', by the Huùson's Bay Company, before any citizen of the United 

tates had cd
ered into the business of salmon-fishing in Oregon. Robert's 
Recollrct-ions, ,MS., 20; JVilkcs' NaT. U. S. Ex. L'xpf:.d., iv. 369-70; 1/. Com. 
Rept, 3J, i. 57, 27th congo 3d scss.; Van'l"ramp's Adventures, 14.)-0. The 
tìrst attem
)ts to compete with this company were made by \Vyeth and. the 
methodist missionaries, v. hich was successful only in securing enough fôr home 
consumption, the lndians bcing the fìshermen, and the company ahle to ])a,y 
more for thc fish than the missionaries. The first men;hants at Oregon City 
tra.ded a few barrels to the Honolulu merchan ts for unrefined sugar and mo- 
lac:ses. Henry Roder wcnt to Orcgon City in 1832, with the design of estab- 
lishing a fishery at the faEs of the \Villamette, but c
lallged his mind aud 
went to Bellingham Bay to erect a saw-mill. ALout 1837 John "
est began 
Imiting TIP salt salmon in barrels, at \Vestport, on the Lower Columbia. In 
1839 ötrong, Baldwin & Co. establisltcd a similar business at the muuth of 
ltogue Rivcr. Ur. StaÜ.<;man, Oct. 23, IS:m. But nothing like a modern fishery 
w
s c::;cablished on the Columbia until 1860, when \\'illiam Hume, Gcorge 
I-Iume, anù A. S. Hapgooù erected the first fish-preserving factory at Eagle 
Cliff, on thc north bank of the ri\-er, in \Yahkiakum county, 'Vashington. In 
187G t.here ,yere seyentecn similar establishmcnts on the l'iyer, and in 1\.-80 
there ,..-ere thirty-five. The average cost of these fisheries, with their appa- 
ratus for canning salmon, and of the boats and nets used in catching fish, was 
in tlle ncighhorhood of forty thousand dollars each, making a sum total in- 
vcstcd in the Columbia Ilivcr fisheries of nearly a million and a balf. The 
num1Jer of persons employed in the fishing season, which l:tsteù about four 
JllOn'..;hs, was six thousand, the greater number of whom wcre foreign. The 
boatmen -ere usually 
c::,.ndill:1Vi
ms, and the nwn cmploycd in the c
nneries 
principally Chine::.e. A few women were hired to put on labels, at which thcy 
were yery expert. The mechanics were usually Americans. The following 
sbows the increase of the salmon cu.tch for tcn years, by the numl>cr of cases 
put up: liJLÌÐ,2J,'i09; 1870, 
9,730; IS7J,34,SOJ; 1872, 43,C9G; lü7:
, J02,73:1; 
10;4, 291,021; 187.}, 231,500; 187G, 4:38,730; 1877, :19.3,288; 1878, 44
,al';; 
187D, 43S,Oa4. .1Vew Tacoma J..V. P. Co((,...t, J nne 1.), 1880. The pr0l1uctiol1 
varicd wich different years, the salmon in some years appearing to avoid the 
Columbia ana all the principal fis:ling-gr
mnds. There was a falling-off in 
1870, for the whole Pacific coast, amounting to nearly 100,000 cascs from the 
catc:l of the prcvious year. .After the fi::;hing scason was ovcr some of the 
canneries put up beef atHI mutton, to utilize their facilities and rouud out the 
yeclr's husiness. 
Thc export of canned salmon did not commence until 187J, when 30,000 
cases were exported, which rcalizeJ 
130,OJO. In 1873, 3:n,OO
 cascs were 
sold aLroad, which realized Sl,ô.jÛ,000, and the following year 479,OJO cascs, 



SAL
10N A
TD 'VOOLLEN GOODS. 


';31 


bringing over two aud a half millions of dollars, which is about tIle maximum 
of the traJe, a few thousaIHl more packages being sold in 18;8, amI consiJer- 
ab
y less in 1879. Rc\"iew of board of kaJe, 1879, in Portland Standard, 
Fcb. 4, 1879. The production of 1881 \\ as 550,000 cases of 48 pounJs each, 
bringing five dollars a case. 
The partial failure of several years alarmed capitalists and legislators; and 
in 
\prilI87.> the Oregon and 'Yashington Fish Propagating Company, with 
a capital of $30,000, was incorporated. The officers of this company were 
John Adair, Jr, president, J. 'V. Cook dce-president, J. G. Megler secretary, 
Hcnry Failing treasurer, with J. Adair, J. G. 
legler, John 'Vest, C. 1\1. 
Lewis, and J. 'V. Cook directors. Livingston Stone of Charlestown, l\rassa- 
chusetts, was chosen to conduct the experiment. A location for a hatching 
establishment was selected at the junction of Clcar creek with the Clackamas 
TIi\"er, a few miles from Oregon City, where the necessary buildings were 
erected and a million eggs put to hatch, of which seventy-five per cent became 
fish and were placed in the river to follow their ordinary habits of migration 
and return. In this manner the salmon product was rendered secure. In 
:March 1881, 2,150,OOOfish were turncd out of thehatching-house
n a healthy 
condition, Ulympia CO'llrie'J', April 22, 1881; Portland JVest Shore, August, 
IS78; Portland Ore!lonian, :May 26, 1877. 
Desides the Columbia River fisheries, there were others on the Umpqua, 
Coquille, and Roguc rivers, where salmon are put up in barrels. The Coquille 
fishu"y put up 37,000 harrels in 1881. S. F. Ch
'onicle, Aug. 13, 1881. Im- 
mcnse quantities of salmon-trout of excellent flavor have been found in the 
rmpqua, Klamath, Link, and other southern streams. In the Klamath, at 
the ford on the Linkville road, they have been seen in shoals so dense that 
horses refused to pass O\Tcr them. In Lost River, in Lake county, the sucker 
fbh abounded in the same shoals during April and .May. Sturgeon, tom cod, 
flounder, and other edible fish were IJlelltiful along the coast. Since ISG
, 
oysters in considerable quantities bave been shipped from Tillamook Bay; 
aIllI other ahell-fish, namely, c
'abs, shrimps, and mussels, wcre abundant, 
and marketable. Ur. State
1nan, Nov. 3, 18G2; Or. LcVisl. Docs, 187G, ii. 
15; Small'..; Ur, û2-5. 
Laws have been enacted for the preservation of both salmon and oysters. 
These acts regulate the size of the mcshes, which are 81 inches long, to permit 
the young salmon to escape through them; and prohibit fishing from Saturday 
e\'cnillg to Sunday m'ening of e\"ery week in the season, for the prottction of 
aJ salmon; and forbid the use of the dredge where the water is less thaa twcn- 
ty-four feet in <lepth at low tide on oyster-beds, 01. the waste of young oysters. 
UI". Laws, IS7G, 7. \Yith regard to the preservation and propagation of ral- 
mon, it has been recently discovered that tlie spawn thrown into the Coquille 
from thc fisherics is not wasted, Imt hatches in that stream, and that there- 
fore that rin
r is a natural piscicultural ground. Ooquille City lIcrald, in S. F. 
Bulletin, Nov..I.>, ]883. The samc docs not appear to be true of the northern 
rivers. Another diffcrence is in the time of entering the rÏ\'ers, which is April 
in the Çolumbia, and August in the Umpqua and Coquille. 
The manufacture of Oregon wool into gooJs was neglected until April 
183ö, when a joint-stock association wa3 formed at Salem for the purpose of 
erec
ing a woollcn-mill. Joseph \Vatt was the prime mover. "ïlliam H. 
!lector was superintendent of construction. and went east to purchase 111a- 
c
Üncry. George II. \Yilliams was president of the company, Alfred 
tanton 
vice-president, Joscph Q, \Yilsoll secretary, and J. D. Boon treasurer, 'Yatt, 
nector, Joseph Holman, L. .F. Grover, Daniel 'VaIdo, and E. 
I. Barnum 
'\vcre directors. ErOlcn's òalem Dil"" 1871. 'Ya.tt & Barhcr had a canling- 
m
chine in Polk county in I83û, ana there appcars to ha.ve been another in 
Linn county, which was destroycd Ly tire in 18û2. The company purchased 
the right of way to bring thc watcr of the Salltiam River to 
alem, building 
a canal and taking it across Chemeketa Cæek, making it onc of the best water- 
powers on the Pacific coast, Its completion in Decemher was celebrated by 
t
lC firing of cannon. The incorporation of the company as a manufacturing 



'132 


MANUF ACTURES. 


and wa.ter company followed, and in the fall of 1857 two sets of woollen ma- 
chinery were put in motion. TÜe goods manufactured, blankets, flannels, and 
CaS8LJnereS, were 
xhibited at the 11l'st state fair of CalifOLnia, in 18,jS, beino 
the first cloth made on the Pacitic coast of the G nited 
tates by mouern ma': 
chinery. In It)(jO the capacity of the mill was douLled, the company pros- 
pered, and in 1863 Luilt a large flouring mill to utilize its water-power. The 
canal which brought the DLlnLÍam into Dalem was less than a mile in length 
anu had a fall oÎ 4J feet. The water was exhaustless, and there was laid the 
10unJations of unlimited facilities for manufactures at Dalem. 
The building of the 'Villamette woollcn-mill at Salem was a great incenti,'e 
to wool-growing. The amount of wool prolluceJ in Uregon in 18UO was 
2:?0,OOO pounds, not as much as the Salem mill required af
ei' it was enlarged, 
which was 400.000. But in 1870 the wool crop of the state was l,jOO,UOJ, 
and ill 1880 over eight million of pounds Were exported. lJOct1'd of Trade Re- 
vif:,VJ, 1877, 15; Paaific North-we:;t, 4. The Salem mill burned to the ground 
in l\lay IS76, but in the mean time a number of others h
J bccn erected. In 
18JJ \Y. J. Linnville and others petitioned the senate for a charter for a 
wocllen manufactul'in
 company, which was refused, on the ground that the 
constltution uf the state forballe creating corporations by special laws except 
fur municilxtl purposes, UJ.. Jour. ScuatfJ, I
GJ, GS, 0;:3. In 18G4 a woollen-mill 
was ercc
e(l at Ellewlale, which was running in 18üG, and' turnin3 out flannels 
by thJ thousand yards,' but which has I:!ince been suspended. Ur. 8t,.tvsman, 

lay 7, IS6J; lJead/s SC1'ap-ßook, 14U. The Oregon City \VooHen :Mill was 
proJecteJ as early as 18G2, althoug
l not built until löGl-5. The in corpora- 
tiun rapers were filed Dec. 31, IbG2, in the officc of the secretary of state. 
Tbc incorp::>rators were A. L. Lovejoy, L. D. C. Latourctte, Arthur 'Varner, 
Yv. 'V. Luck, \Villiam 'V hiLlock, l!'. Barclay, Daniel Harvey, G. H. Atkin- 
s::>n, J. L, Ba.
'ìow, John D. Dement, ,Yo C. Dement, D. P. Thompson, \Vil- 
lialllll<1rluw, \Y. 0. Johnson, anù A. H. S..eele. Capital stock, $li0,OJJ. Ur. 
AJ'!lu.s, Jan. 31, 1802, :Five lots were purcha.sed of Han'ey for $l:!,OOO, and 
water-powcr guarani:eed. 1he buihling was of brick and stone, 188 by 52 feet, 
an...i hVJ storie.3 high. Joel Palmer ,vas electeÜ president of the company. 
I-
 was ù:::signeJ, as we are tolJ, to concen
rate capital at Oregon City. 1Juck's 
Entf..-rprists, .M.3., 6-8. B
ck relates how when they had built the mill the 
direct::ns couLl go no further, having no money to buy the wool to start with, 
until he sac<;ecdcd in borrowing it from the bank of British Columbia. A few 
men boug:Ü 111) all the stock, and some of the original holders realized nothing, 
amoag whom \,,"as Buck, whose place among the projectors of enterprises is 
consp.lcuons if not remuncrative. The enterprise was successful frOUl the 
star
. The lllill began by making flannels, but soon manufactured all kinds 
of woollen goods. It was destroyed by fire in 186':;, anù rebuilt in the follow- 
ing year. 111 point of capacity and means of every sort, the Oregon City ruill 
was the first in the state. Its r..nnual consumption of wool was not much short 
of a million pounds, and the value of the goods manufactured from forty to for- 
ty-1ivo thousand dollars a month. A wholesale clothing manufactory in con- 
nection widl the mill employs from fifty to I:!ixty cutters and tailors in work- 
ing up twecds anù cassimeres into goods for the market. This branch of the 
business was representeù in S. F. by a firm which manufactures Oregon Ci
y 
cloths into goods tu the value of $400,000 annually. The mill employcd 1'-:>0 
operaáves, to whom it paiù 890,000 a year in wages, Iltttell's Re/wurces, 445 
-6. A fire ill February 1881 destroyed a portion of the mill, whi
h sustained 
a loss of $20,000. The wool-growers of \Vasco county at one tune contem- 
plated fitting up the abanùoned mint building at The Dalles for a woollen 
factory, but later, with Portland capitalists, making arrangements to erect a 
large mill at the fall of Des Chutes ltiyer. 
Another woollen-mill was establisheù at BrownsviUe in 1875, with four 
sets of machinery, which could manufacture tweeds, doeskins, cassimeres, 
satinets, flannels, and }Jlankets. Its sales were about 81.:;0,000 annually, on 
a paid-up cal)ital of $36,000. Linn county had a hosiery factory also. 4 t 
Albany, also, there was a hosiery-mill J called The Pioneer, owned by A. L. 



IRON-WORKS. 


733 


Stinson. It had the only knitting-machines in the state, and did its own 
carding anù spinning. A woollen-mill at Ashland manufactured goods to the 
value of from forty to fifty thousand dollars annually, and was the property 
of two or three men. Its goods were in great demand, being of excellcnt 
quality. 
The woollen manufactures of the Pacific coast excel in general excellence 
any in the United States, which is due to the superior quality of the wool 
used. The blankets made at the Oregon mills, for fineness, softness, and 
beauty of finish, are unequalled except by those made in California from the 
same kind of wool. The total amount invested in these manufactures in 
1885 was about half a million; $400,000 worth of material was used, aUlI 
$840,000 worth of fabric manufactured annually. 
The first iron-founding done in Oregon was about 1858. Davis & Mo- 
nastes of Portland, and the 'Yillamette lron- VV orks of Oregon City, were the 
pioncers in this industry. At the latter were built, in 1839, the engines and 
machinery for the first two steam saw-mills in the eastern portion of 'Vashing- 
ton and Oregon. These two mills were for Ruble & Co. at 'Yalla 'Yalla and 
Noble & Co. at The Dalles. According to Hittell, boiler-making "Was begun 
in Portland as early as 1832. Rcsource8, 6.)8. A. Rossi, F. Bartels, R. Hur. 
ley, and D. Smith were the owners of the'Villamette Iron Foundry. Or. 
A 'ì"fJll.r;, July 3, 1868. The Salem iron-works were erected in 1860, and turned 
out a variety of machinery, engines, and castings. They were owned 
by B. F. Drake, who came to California in 1831, and after mining for a 
f:lhort time settled at Oregon City, where he remained until he built his 
foundery at Salem. His foreman, John Holman, had charge of the works 
for fifteen years, and employed 12 men. llittell's Resourccs, 663-4. John 
Nation, a well-known iron-worker, was at first associated with Drake. In 
18G
 this foundery built a portable engine of eight horse-power, to be used 011 
farms as the motive power of thrashing-machines, the first of its kind in Ore- 
gon. Since that period founderies ha\"e been planted in differcnt parts of the 
state as required by local business, Portland and The Dalles being the chief 
centres for the trade on account of the demanùs of steamboat and railroad 
traffic. 
The presence of iron ore in many parts of Oregon has been frequently re- 
marked upon. It is known to exist in the counties of Cölumbia, Tillamook, 

iarion, Clackamas, and in the southern counties of Jackson and Coos. Its 
presencc in connection with fire-clay is considercd one of the best proofs of 
the value of the coal-fields of Oregon, the juxtaposition of coal, iron, and fire- 
clay being the same here as in the coal-bearing regions of other parts of the 
world. The most important or best known of the iron beds of the state are 
in the vicinity of Oswego, a small town on the Willamette, six miles south of 
Portland, and extending to the Chehalem valley, fiftf'en miles from that city. 
Equally rich beds of the ore are foun(l near St Helen, and from the out- 
croppings hetween these two points the deposit seems to curve around to the 
west of Portland, and to extend for twenty-five miles, with the richest beds 
at eithcr end. At St Helen the ore has never been worked, except in a black- 
smith-shop, where it bas been converted into horse-shoes. Several varieties 
of iron ore exist in the state, including the chromites of Josephine county. 
The Oswego iron was tested in 186:l, and found to be excellent. Or. States. 
man, Jan. 19 and Feb. 9, 18G:{; Or. Ar[lllS, Jan. 24, 1863. It yields ahout 
fifty })er cent of pure metal; and it is estimated that there are sixty thousand 
tons in the immediate vicinity of this place, while less than three miles away 
is another extensive deposit, from twelve to fifteen feet in depth. A company 
was formed at Portland February 24, 186.3, under the name of the Oregon 
Iron Company, to manufacture iron from the ore at Oswego, which proceeded 
to erect works at this place, Hucker Creek, the outlet of a small lake, furnish- 
ing the water-power. President, 'Y. S. Ladd, vice-president, H. C. Leonard; 
capital stock, $500,000, divided among 20 stockholders, most of whom resided 
in Oregon, the remainder in S. F. The incorporators were Louis :McLane, 
Charles Dimon, \Y. S. Ladd, Henry Failing, A. 
I. Starr, H. D. Green, aud 



734 


:MANUFACTURES. 


H. C. Leonard. The stack was modelled after the Barnum stack at Lima 
Rock, Connecticut, and was put up by G. D. 'Vilbur of that state. Its foun- 
dations were laid on the bed-rock at a dcpth of 16 feet, and it was constructed 
of solid, dry stone-work, covering a space of thirty-six square feet. rrho 
stack itself was built of hewn stone, ohtained on the ground; WRS thirty-four 
feet square at the base, thirty-two feet high, and twenty-six feet square at 
the top. On top of the stack was a chimney, Luilt of Lrick, forty feet high, 
and containing the oven for heating the air for the blast. The diameter of 
the top of the lower pyramid in which the smelting takes place was ten feet. 
The blow-house was built on the ground near the stack. The machinery for 
{hiving the air was propelled by water. The blast was furnished by two 
blowing cylimlers of woolI, five feet in diameter and six feet stroke. Char- 
coal was used for fuel. The capacity of the works was designed to be ten 
tons in twenty-four hours. The ore to be tested was the variety known as 
brown hematite, and it was found to yield from forty-six to seventy per cent 
of pure iron. The timber for making charcoal was in the immediate vicinity, 
and every circumstance seemed to promise success. The works reached cmu. 
pletion in June 1867, having cost $12G,OOO. The first run was made on the 
24th of August, six tons of good metal being produced. which, on Leing sent 
to the S. F. founderies, was pronouncell a superior article. By the first of 
October the Oregon Iron Co. had- made 22.3 tons of pig-iron, costing to make 
twenty-nine dollars per ton, exclusive of interest on capital and taxes. The 
experiment, for experiment it was, proving that iron could be producetl 
more cheaply in Oregon than in other parts of the U. S., though not so cheaply 
by half as in England, was satisfactory to those who had. no capital in the 
enterprise, if not to those who had. The cost was distributed as follows: 
166 bushels of charcoal, costing at the furnace 8 cents. .... . . ... .. .$13 28 
88 pounds lime, costing at furnace 4 cents. . . . , . . . . . . . . . . . . , . . . . . 3 52 
4,970 pounds of ore, costing at the furnace 82.50 a ton. . . . .. . . . . . . . . . 5 50 
Labor reducing ore, per ton.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 67 
$28 97 
Browne's Resources, 219-22; Or. City Enterprise, June 8, 186i; Clackama.
 
County Resources, 1. J, Ross Browne, in his very readable work, the Resoll'J'crs 
of the Pacific State8 and Tfr'ì'itorieR, 220-1, published at S. F. in 186Ü, gi\"eg 
the relative cost of producing iron in England and the United States. An 
establishment, he says, capable of making 10,000 tons annually in this coun- 
try would cost altogether, with the capital to carry it on, 8:2,000,000, while 
in England the same establishment, with the means to carry it on, would cost 
$800,000. At the same time the interest on the American capital would 
exceed that on the English capital by $120,000. In the U. S. a fair aye rage 
cost of l)roducing pig-iron was not less than 835 per ton, while in England. 
and 'Vales it was $14, to which should be added the difference caused by 
the greater rate of interest in the U. S. See also La11gle!J's 1'l'ade Pac., i. 
9-10; Portland Oregonian, July 28, 1866. 
Owing to an error in building the stack, which limited the production of 
metal to eight tons per diem, the works were closed in 186Ü, after turning out 
2,400 tons. Some of the iron manufactured was made up into stoves in Port- 
land, and some of it in the construction of Ladd & Tilton's bank. It sold 
readily in S. F. at the highest market price, where, owing to being rather soft, 
it was mixed with Scotch pig. In 1874 the works were reopened., and ran 
for two years, producing 5,000 tons. In 1877 they were SOlll to the Oswego 
Iron Company, under whose management it was thought the production 
could. be made to reach 500 tons a month. The sales for 1881 exceeded 
$130,000. 
One serious disadvantage in smelting iron in Oregon was the lack of lime 
rock in the vicinity of the iron beds, and the cost of lime obtained formerly 
from San Juan Island or from Santa Cruz in California, and recently from New 
Tacoma. Limestone has often been reported discovered in various parts of 
the state, but no lime-quarries of any extent have yet been opened with kilns 



LI
IE AKD SALT. 


73:5 


for burning lime for market; and the want was greatly felt in house- 
buiJding, as well as in manufactures. The only mineral of this character 
which has been worked in Oregon, or rather in 'Vashington (for the works were 
on thc north bank of the Columbia, though the rocks were found on both sides 
of the riyer), is a native cement, or gypsum, obtained from the bowlders in the 
neighborhood of Astoria. It was probably the same rock so often pronounced 
limestone by the discoverers in different parts of the state. As early as 185,) 
some military officers at Astoria burned some of the rock, and pronounced it 
limestone. A year or two later a kiln of it was burned and shipped to Port- 
land, to be sold for lime. But the barge on which the barrels were loaded was 
Bunk in the river with the cargo, which remained under water until 1864, 
when the barge being raised, it was found the barrels had gone to pieces, but 
their contents were solid rock. On these facts coming to the notice of the Ore- 
gon Steam Navigation Company, the officers contracted with Joseph Jeffers 
of Portland to furnish 500 barrels in a given time for the foundations of their 
warehouse in Portland. l\lr Jeffers proceeded to build a kiln and burn the rock 
0!1 the premises of John Adair, at upper Astoria, without consulting the owner. 
'Vhen the first kiln had turned out 100 b:urels of cement the work ,vas inter- 
fered with by J\lr Adair and others, who claimed an interest in the proíits 
a 1 owners of the rocks and ground. A company was then formed, which filled 
the contract with the navigation company, and had 100 barrels more to sell. 
1'he masons found on slaking it that it contained lumps which remained hard, 
and gave them annoyance in the use. The plan was then conceived of grind- 
ing the cement to make it uniform in consistency, and works were erected for 
this purpose on the north side of thc Columbia, by J. B. Knapp, at a place 
which received the name of the manufacturer. This article became known in 
the market as Oregon cement. Of quarrying stone, few varieties have been dis- 
covered in Oregon. This is greatly due to the overflow of basalt, which has 
capped and concealed the other formations. On :\Iilton Creek, near St Helen, 
was found a bed of sandstone, which was quarried for the Portland market; 
and sanùstone is reported at various localities, but before the J\lilton creek 
discovery stone was brought from Bellingham Bay in 'Vashington to build 
the custom-house and post-office at Portland; and the custom-house at Astoria 
was built of rock taken out of the surrounding hills. 
In :l\Iarion county, and in other part
 of the state, as well as in Clarke 
county, \Vashington, near Lewis River, a yellowish and a bluish gray marl is 
found, which when first quarried is easily cut into any shape, but on exposure 
to the air, hardens aud forms stone suitable for many purposes, though always 
rather friable. :l\Iantels, door-sills, ovens, and many other things are cut out 
of this stone and sold to the farmers in the \Villamette Valley, who use it in 
l)lace of brick in building chimneys. Black marble has been found on the 
llorth side of the Columbia, in the Lewis Rh'er highlands. A beautiful and 
vcry hard white marble has been quarried in Jackson county, where it became 
an article of commerce, limited to that portion of the state. No other com- 
mon minerals have been applied to the uses of mankind, with the exception 
of salt. In 1861 the manufacture of salt from brine obtained from wells 
dug at the foot of a high range of hills six miles south-east of Oakland, in 
Douglas county, was attempted, and was so far successful that about 1,000 
pounds were obtained daily from the evaporation of two furnaces. The pro. 
jcctors of this enterprise were Dillard, 'Yard, and )loore. The works were 
run for a period, and then closed. 
On the farm of Enoch :J\Ieeker, about the north line of Multnomah county, 
was a salt-spring, similar to those in Douglas county, and situated similarly, 
at the foot of a range of high, timbered mountains. J\ieeker deepened the 
well about twenty-seven feet, and made a little salt by boiling, as an experi. 
ment. In this well, at the depth mentioned, the workmen came upon the 
charred wood of a camp-fire, the sticks arranged, without doubt, by the hands 
of men. The salt appeared good, but had a Litter taste. In 1867 Henry C. 
Victor leased the salt-spring and land adjoiniup-. with a view to establishing 
the manufacture of salt. \V orks were erected, which made about two tons per 



736 


I\1ANUF ACTURES. 


day for several months, but the returns not being satisfactory, they were 
closed, and the mauufacture was never resumed. The salt made at these 
works granulated in about the fineness used in salting butter, for which pur- 
pose, and for curing meats, it was superior to any in the market, being abso- 
lutely pure, as was proved by chemical tests. A sample of it was taken to 
the Paris exposition by Blake, one of the California commissioners. Henry 
C. Victor was born Oct. 11, 1828, in Pennsylvania. His parents removed 
to Sandllsk)7, Ohio. in his boyhood, and he was educated at an acadomy in 
Norwalk, He studied naval engineering, and entered the service of the U. 
S. about the time Perry's expedition was fitting for Japan, and sailed in the 
San Jacinto. He was in Chinese waters at the time of the opium war with 
the English, and distir..guished himself at the taking of the Barriere forts, be. 
coming a fa\
orite with Rir Jehu Bowering, with whom he afterward corre- 
sponded. After three years in Asiatic ports, he returned to the U. S. and was 
soon after sent to the coast of Africa. The locality and the time suggested 
controversies on the slavery question and slave-trade. Victor was in opposi- 
tion to some of the officers from the southern states, and in a controversy in 
which a southerner was very insulting, gave his superior officer a blow. For 
this offense he was suspended, and sent home. Shortly after being restored 
to service came the \var for the union, and he was assigned to duty in the 
blockading squadron before Charleston. In February 1863 he brought the 
splendill prize, Princess Royal, to Philadelphia; shurtly after which he was 
ordered to the Pacific. vVhile cruising along the Mexican coast, fever pros- 
trated a large portion of the crew, Victor among the rest, who, having bad 
the dangerous African fever, was unfitted by it for duty, and resigned. 
'Vhile at 
Iallzanillo he made a survey of the lake extending from this port 
toward the city of Colima, which becomes dry at some seaSOllS and breeds 
pestilence, with a view to cutting a canal to the sea and letting in the salt 
water. Selim E. 'Voodworth of S. F. joined with him and seyeral others in 
forming a company for this work. An agent was employed to visit the city 
of l\1exico, and get the cúnsent of the government to the scheme. Permission 
was ohtained, but the vessel being soon after brought to S. F. with a disabled 
crew, and Victor's resignation following, put an cnd to the canal scheme, so 
far as its projectors were concerned. The year following, 1864, Victor wcnt 
to Oregon and engaged in several enterprises, chiefly concerning coal and salt. 
Like many others, they were premature. J\lr Victor perished with the 
foundering of the steamer Pact-lie, in November 1875, in company with about 
:300 others. His wife was Frances Fuller, whose writings are quoted in my 
work. 
Paper, of a coarse quality, was first made at Oregon City in 1867. but the 
building erected proved to be not adapted to the business, and was sold for a 
flouring mill after running one year. Buck's Enterprises, MS., 4-5. The 
originator of the cnterprise, W. \V. Buck, then built another mil], with capital 
furnished by the pu blisher of the Orp[Jonian, and was successful, manufacturing 
printing and wrapping paper, which was all consumed in and about Portland. 
Na8h's 01".. 22j; Adams' Or., 31; llittell's Resources, 636. 
The production of turpentine was commenced at Portland in 1863, by T. A. 
Wood. The factory was destroyed by fire in 1864, after which this article 
wa.s wholly imported, although the fir timber of Oregon affordcd immense 
quantities of the raw material, many old trees having deposits an inch or more 
in thickness extending for twenty feet between layers of growth. But the 
high price of labor on the Pacific coast at the l)eriod mentioned was ad verse 
to its manufacture, and the close of the civil war, allowing North Carol
na 
to resume trade with the other states, brought down the price below the cOst 
of production in Oregon. 
Pottery began to be manufactured at Buena Vista about 1865, from clay 
found at that 1)lace. For several years the business languished, the proprietor, 
A. N. Smith, being unable to introduce his goods into gcneral use. Subse- 
quently, however, the Buena Vista works employed over fifty men, and fur- 
nished all descriptions of stOl.leWale, fire-brick, sewer-pi,pes, anù garden-pots 



FLAX A...
D LEATHER. 


737 


equal to the best. Resom'ces Or. and Wash., 1881, 70-1. Soap, for all pur. 
poses, was. long 

l1ported into Oregon, the first factorJ,: bein
 establisl

ù in 
:Portland m 186_, by \V. B. Mead. Or. Arflu.'l, June I, 1862. In 18v,", R. 
lrving commenced the manufacture of this article, and being joined by G. 
A. 'Vebb, the Oregon Standard Soap Compan,y was formed, which turned out 
fifteen ,.arieties of soap, and was the second manufactory of this kind on 
the Pacific coast. Review Board of Trade, 1877, 12; Hittell's Re,';ource.y, 719. 
Vinegar was made for market at Portland and Butteville, to the amount of four 
hundred thousand gallons annually. 
Fruit-drying was carried on at Oregon City and other points to a consider- 
able extent, but no reliable figures are to be found concerning tÚis industry, 
"hich is divided up among individual fruit-raisers. Patented movable 
dryers were used, which could be set up in any orchard. Plums, prunes, pears, 
and apples were the fruits commonly dried, anù their excellence was unsur- 
passed, the fruit heing fine, and the method of preserving leaving the flavor 
unexhausted, and each separate slice clean and whole. 
A flax-mill was established at Albany in 1877, which manufactured 5,000 
pounds of linen twines and threads per month. The flax was grown in Linn 
county, by tenant farmers, who worked on shares for one third of the crop at 
twelve cents a pound for the fibre, and the market price for the seed. The 
mill company, having two thirds of the crop for rental, only paid for one third 
of the flax used, which left them a profit of about $J,ooO a year in the fac- 
tory. The seed produced was worth $4.3 an acre. It had long been known that 
flax was a native product of Oregon. It was disco\"ered by experiment that 
the cultivation of it was favored by the soil and climate. Linseed oil was fÌrst 
manufactured at Salem. The company WaG incorporated in November 1866. 
Their machinery, having a capacity for crushing 30,000 bushels of seed per 
annum, was shipPéd around Cape Horn, and since 1867 the Pioneer Oil Mill has 
been running, its capaci
y being increased to 60,000 bushels. B7'own's Salem 
Direc., 1871, 1874; Gilfry's Or., 
lS., 86; U. S. Aaric. Rept, 1872, 451. Tow 
for upholstpring was made at this establishment. The tJ.ure of Oregon flax is 
very fine and strong, with a peculiar silkiness which makes it equal to the 
best used in the m3.nufacture of Irish linens. 
The first tannery ill Orc::gon, other than household ones, was that of Daniel 
H. Lownsùale, on 'fanner's Creek, just hack of the original Portland land 
claim. Here was made the leather, valued at $3,000, which purchased Petty- 
grove's interest in the town. The manufacture of this article bas not been 
,"\;'hat the natural resources of the country warranted until recently. Small 
tanneries existed at several pla.ces, including Portland, Salem, Eugene City, 
Drownsville, Coquille City, Parkersburg, anù :Milwaukee. Leinenweber & 
Co. of upper Astoria first connected the manufacture of leatber -w

 the 
making of boots and shoes. The Oregon Leather 
lanufacturing Company 
,"vas incorporated in 1878, A. 'V. 'Vaters, president. The company employ
d 
convict labor, and turned out 30,000 sides annually, at a good profit. lIitteli's 
Rf'sources, 4!J5. Roots and shoes were matle extensively by several firms. 
Aikin, who began the manufacture in a small way at l)ortland, in 1859, was 
later associated with Selling & Co., and had a profitable trade with Idaho 
and 
Iontana. The Oregon Boot, Shoe, anù Leather l\lanufacturing Com- 
pany of Portland is the successor to Hibbard & Brazee who begun manu- 
facturing in 1873, and projected the new company in 1881, which employed 
fifty workmen. The factory of B. Leinenweber & Co. at Astoria cost $40,000, 
employed 35 workmen, and manufactured $78,000 worth of goods annually. 
Gloves of the coarser sort were made at two places in Portland, and one place 
in Eugene City. Saddle and harness making was carried on in every town of 
any importance, but only to supply the local demand. 'Vagons and carriages 
were also manufactured to a limited extent. Brooms and brushes were made at 
Portlanù. Malt liquors were produced at thirty-four different breweries in the 
state, to the amount of 24,000 barrels per annum. Portland early enjoyed a, 
spice and coffee mill, candy factory, and various other minor industries. 

lanufactures which are secondary to trasle are slow in de,relopment, the 
BIST. OR" VOL. II. '1 



738 


MINES AND 
IINING. 


country lacking population and excess of capital. But the requirements for 
becoming a manufacturing state are present in abundance in water-power, tim- 
Ler, minerals, and the means of rapid transportation, and out of the small 
beginnings here referred to as proof of what our generation of men have ac- 
complished in the face of unusual obstacles, another generation of their 
descendants will be able to evoke grand results. 


MINES AND :MINING. 
I nave not yet particularized the mineral resources of Oregon, except as to 
iron mentioned incidentally along with manufactures. Gold, as a precious 
metal, has exercised a great influence in the progress of the country. It 
ga\?e the people a currency which emancipated them from the thraldom of 
wheat-raising and fur-hunting, by which alone any trade could be car- 
ried on previously. It improved their farms, built mills and steamboats, 
chartered ships, and loaded them with goods necessary for their comfort. It 
enlarged their mental and social horizon, and increased their self-respect. It 
was California gold which first revolutionized pioneer Oregon. But there 
was gold in Oregon sufficient for her needs, bad it been known. James D. 
Dana, of 'Vilkes' exploring expedition, remarked upon the appearance of 
southern Oregon, and its resemblance to other gold-bearing regions, as earJy 
as 1841. Ten years later John Evans was appointed U. S. geologist to insti- 
tute researches on the main line of the public land surveys about to be com- 
menced in Oregon, and was, through the petitions of the Oregon legislature, 
continued in the service for several years. Evans was thoroughly iùentified 
with the study of Oregon geology. He was born in Portsmouth, N. H., 
Fûb. 14, 1812; educatûd at Andover, studied medicine, and married a daugh- 
ter of Hobert 11iles of Charleston, S. C. He was appointed assistant to 
David Dale Owen to prosecute Borne geological surveys in the west, and soon 
after completing this work was sent to Oregon. He died of pneumonia at 
'Va3hington city, April 20, 1861. Sill-iman's Journal, xxxii. 311-18; Or. 
Statesman, 
lay 20, 1861. But aside from satisfying the government of the 
value of its territories in a general way, these scientific surveys had little 
bearing upon the actual development of mineral resources. Gold deposita 
were always discovered by accident or the patient search of the practical 
miner. 
Following the discovery of the placer mines of Rogue River Valley ill 
1851 was the discovery of the beach mines in 1832, on the southern coast of 
Oregon. Late in 1833 more than a thousand men were mining south of Coos 
Bay. Then came other discoveries, and finally the current of gold-seeking 
was turned into eastern Oregon, not altogether ignoring the western slopes 
of the Cascades, where mining districts were marked out, prospected, a pocket 
or two of great richness found and exhausted, and the distri
t abandoned. 
These things have been spoken of as they occurred in tbe settlement of the 
country. 
The actual yield of the mines could not be determined. About J ackson- 
ville and on the head waters of the Illinois River they were very rich in spots. 
'Vhile five dollars a day only rewarded the majority of miners, it was not 
uncommon to find nuggets on the Illinois weighing forty-six, fifty-eight, or 
sC\Tenty-three ounces. Sac. Un-ion, April 23, July 28, and Sept. 10, 1838; 
Dana's Great JVest, 284. The Jacksonville mines also yielded frequent lumps 
of gold from six to ten ounces in weight. The introduction of hydraulics 
in mining about 1837 redoubled the profits of mining. As much as $100,000 
was taken from a single beach mine a few miles north of the Coquille River. 
About the spring of 1839 quartz mines were discovered in Jackson county, 
which yielded at the croppings and on top of the vein fabulous sums, but 
which soon pinched out or was lost. 
About 1857 a discovery was made of gold in the bed of the Santiam and 
its branches in 
larion county, but not in quantities to warrant mining, 
although a limited extent of ground .worked the following two years paid 



QUARTZ 1IINES. 


739 


from four to six dollars a clay. Or. State.r;mnn, Aug. 11, IS.'57, Sept. 28, 1858; 
Or. Argus, Aug. 20, 18.:>9. In 1860 reputed silver quartz was found on both 
the Santiam and 
1obal1a rivers, and many claims were located. But it was 
not until 1863 that undoubted quartz lodes were discuvered in the Cascade 

1ountaius 011 the north fork of the Santiam. A camp called Quartzville was 
established at a distance of about fifty miles from Salem and Albany in the 
autumn of that year, and in the following season some of the leads were 
slightly worked to show their character, and yielded twenty-one dollars to 
the ton, a little more than half in silver. Portland Oregonian, July 29, 1864. 
The most noted of the veins in the Santiam district was the 'Vhite Bull lode, 
situated 011 Gold 
Ioulltain, where a majority of the leads were found. It was 
eigh t feet wide and yery rich. The Union company of Salem removed a 
bowlder from one of their claims, under which they found first a bed of gravel 
and earth several feet in depth, then bastard granite. and beneath that a 
bluish gray rock with silver in it. Beneath the latter was a layer of decom- 
posed quartz overlying the true gold-bearing quartz. Out of this mine some 
remarkable specimens were taken. The hard white rock sparkled with points 
of gold all over the surface. In some cayities where the quartz was rotten, 
or at least disintegrated and yellowed, were what were called eagle's-nests; 
namely, skeins of twisted gold fibres of great fineness and beauty attached to 
and suspended from the sides of the opening, cros&iug each other like straws 
in a nest, whence the name. This variety of gold, which is known as thread 
gold, was also found in the mountains of Douglas county. 
The Salem company took out about $20,000 worth of these specimens, and 
then proceeded to ]mt up a quartz-mill. But the mine was soon exhausted, 
and the treasure taken out went to pay the expenses incurred. This out- 
come of the most famous mine discouraged the further prosecution of so costly 
an industry, and the Santiam district was soon known as a thing of the past. 
It was the opinion of experts that the gold was only superficial, and that the 
t
ue veins were argentiferous. A company as late as 1877 was at work on the 
Little North fork of the Santiam, which heads up near .Mount Jefferson, 
tunnelling for silver ore. At different places and times both gold and silver 
have been found in 
Iarion and Clackamas counties, but no regular mining has 
ever been carried on, and the development of quartz-mining by an agricultual 
community is hardly to be expected. Surveyor-general's rept, 1868, in Zabri8- 
kif, 1046-7, :MS., Sec. Int. Rept, 1857,321-6, 40th cong, 3d sess.; Albany Rfgis- 
l(Jr, July 28, 1871; Corvallis Gazette, Sept. 1, 1876. I have already spoken of 
the disco\Tery of the mines of eastern Oregon, and its effect upon the settle- 
ment and deyelopment of the country. No absolutely correct account has ever 
been kept, or could be given, of the annual product of the Oregon mines, the 
gold going out of the state in the hands of the private persons, and in all 
directions. In 1864 the yield of southern and eastern Oregon together was 
$1.900,000. The estimate for 1867 was $2,000,000; for 1869, 51,200,000; for 
1887-8, over $1,280,000; a
d for 1881, $1,140,000. Revifw Board of 1'l"aile, 
1877, 34; Rieel's Progre.ss of Portlct,nd, 42; Pacific North-w('
t, 32-3; Ilittell',f' 
Re.
ource8, 290. The annual yield of silver has been put down at $150,000, 
this metal being produced from the quartz veins of Grant and Baker counties, 
the only counties where quartz-mining may be said to have been calTied on 
S11 ccessfu II y. 
The Virtue mine near Baker City deserves special mention as the first 
quartz mine developed in eastern Oregon, or the first successful quartz opera- 
tion in the state. It was discovered in 1863 by two men on their way to 
Boisé, who carried a bit of the rock to that place and left it at the office 
of .Mr Rockfellow, who at once saw the value of the quartz, and paid one 
of the men to return and point out the place where it had been found. Upon 
tracing up other fragments of the quartz, the ledge from which they camo 
was discovered and Rockfdlow's name given to it. JValla JVaila Statesman, 

ept. 5, 1863; Idaho Silver City A'l'alanrhe, Nov. 1 I, 1876; P01'tland Oregonian, 
Sept. ]6 and Oct. 7, 1863. The Pioneer mine. and two other lodes were dis. 
I}ovel'ed at the same time. An arastra was at once put up, and the Rock- 



740 


MINES AND MINING. 


fellow mine tested. The first specimens assayed by Tracy and King of Port- 
land showed $1,3CO in gold and 820 in silver to the ton. Id., 
l:1Y 17, 1864. 
In the spring of 18G4 Rockfellow took J. S. Ruckel of the O. S. N, (;0. into 
partnership. and two ar'astras were put at work on the ore from this mine. 
A little village sprang up near by, of miners and artisans, dcpendent upon the 
employment afforded by it. In July 81,2.30 was obtained out of 1,500 pounds 
of rock. The gold was of unusual fineness, and worth $]9,50 per ounce. II., 
July 21, 186!. A tunnel was run into the hill, intended to tap thc several 
ledges at a depth of 300 to 500 feet, and a mill was erected on Powder Ri,'er, 
seven miles from the mine, on the travelled road to Boisé. It ha(l a capacity 
of 20 stamps, but ran only 12. It began crushing in October, and shut down 
in :Kovember, the trial being cntirely satisfactory. In May 186.3 it started 
up again, crushing rock, the poorest of which yielded $30 to $40 to the ton, 
and the best $10,000. Up to this time about $73,000 had been expenrled 011 
the mine and mill. A large but unknown quantity of gold was taken out of 
the mine. Rockfellow & Ruckel sold out, and about 1871-2 a company, of 
which HiU Beachy was one and James 'V. V irtue another, owned and worked 
the mine. It took the name of the Virtue Gold :Mining Company. In the 
mean time Baker City grew up in the immediate vicinity of the mill, ,,,,here 
Virtue followed assaying and banking, d.ependent largely upon the mine, r..n(l 
which became the county spat. In 1872 the new company erected a steam 
mill with 20 stamps, and other lmilclings, and employed a llluch larger force. 
extending tunnels and shafts. In ]876 a shaft was down GOO feet, connecting 
with the various levels, and the ,-ein had been worked along the line of the 
lead 1,200 feet. The quartz is of a milky whiteness, hard, but not difficult 
to crush. It yields from $20 to $2.3 per ton, with a cost of 
5 for mining and 
milling. All the expenses of improyements have been paid out of the pro- 
ceeds of the mille, which is making money for its owners. A foundery was es- 
tahlished at Baker City ill connection with the mine, which besides keeping 
it in repair has plenty of custom-work. 
The Emmet mine. 50J fect aboye the Virtue, had its rock crushed in the 
Virtue mill. and yieilled $22.50 per ton. Baker City En[ Rock Democrat, Feb. 
14, 1872; Silv
r City A1.alanche, Jan. 8 and Nov. 1 " 1876. 
Among the lllany veins of gold-bearing quartz discovered simultaneously 
in the early part of 1860, that found by the Hicks brothers returned thirty 
ounces of gold to a common mortarfnl of thc rock. 011 the l
th of January 
George Ish discovered a vein in an isolated Imtte lying twelve miles from 
J acksou,-ille, in a bend of Rogue Ri ver, which yielded on the first tests twe1 \'e 
dollars to every pound of rock. Two bowlders taken from the surface, weigh- 
ing forty and sixty pounds respecthTely, contained one pound of gold to c,-ery 
five pounds of rock. No part of the rock near the surface contained less than 
ten dollars to the pound, and from a portion of the quartz fifteen dollars to 
the pound was obtained. The first four hundred pounds contained 404 
ounces of gold. From a piece weighing four pounds, twelvc and a half 
ounces of gold were obtained; 800 pounds of rock produced GO pouuds of 
amalgam. John E. Ross, who had a claim on this butte called Gold Hill 
realized an average of $10 to the pound of rock. One piece weighing 14 
pounds gave up 3G ounces of gold. Sac. Union, Feb. IG and 27, 1860; North- 
ern Yreka Journal, Feb. 9, 1860; Siskiyou C0l111ty .Affair,
, MS., 24. The 
rock in the Ish vein was very hard and white, with fine veins of gold cours- 
ing through it, filling and wedging every crevice. It appeared to be a mine 
of almost solid gold. Thomas '-'Cavanaugh, one of the owners, refused $80,- 
000 for a fifth interest. Ish and his partners went east to purchase machinery 
to crush the quartz. III the mean time the casing rock was being crushed in 
an arastra, and yielded $700 a week, while the miners were taking out quartz 
preparatory to setting up the steam mill which had been purchased. \Vhen 
less than 600 tons of quartz had been mined it was found that the vein was 
detached, and to this day the main body of the ore has not becn found. 
The expenses incurred ruined the company, and Gold Hill was abandoned 
after $130,000 had been taken out and expended. Surveyor-general's rept, in 



GRA VEL.
IINING. 


741 


Zrr.brisld{', 1041. Nor was the Ish mine the only instance of rich quartz. 
\Vhcl1 ,-eins began to be looked for they were founù in all directions. A 
mine em Jackson Creek yielded forty ounces of golù in one week, the rock 
being pounded in a common mortar. In 
lay a discovery was made on the 
head of Applegate Creek which rivalled the Ish mine in richness, producing 
97 ounces of gold from 

 pounds of rock. Ten tons of this quartz yiel f 1ell 
at the rate of $2,352 to the ton. Sa:.;. Union, Aug. 30, 1860, and 
larch 15, 
1861; Or. Statesman, :March 18, 1861. 
Notwithstanding that a number of these flattering discoveries were made, 
quartz-mining never was carried on in Jackson county to any extent, owing 
to the expense it involved., and the feeling of insecurity engenùerC'd by the 
experiments of 1860. In 1866 the Occiùf
ntal Quartz Mill Company was or- 
ganized, and a mill with an engine of 24 horse-power was placed on the Da,'cn. 
port lead on Jackson Creek. Arastras were generally used, by which means 
much of the gold and all of the silver was lost. \Vithin the last dozen years 
several mills have been introduced in different parts of southern Oregon. 
The placers have been workcd continuously, first by Americans and after. 
wan1s by Chinamen, who, under certain taxes and restrictions, have been 
permitted to occupy mining ground in all the gold districts of Oregon, al. 
though the constitution of the state forbiùs any of that race not resilling in 
Oregon at the time of its adoption to hold real estate or work a mining claim 
therein. The first law enacted on this subject was in Decer..Jber 1860, when it 
was declared that thereafter' no Chinaman shall mine gold in this State un- 
less licensed to do so as provided,' etc. The tax was $2 per month, to be paid 
every three months in advance, and to be collectell by the county clerk of 
each county where gold was mined on certain days of certain months. Any 
Chinaman found mining without a license was liable to have any property be- 
longing to him sold at an hour's notice to satisfy the l&.w. Ten per cent of 
this tax went into the state treasury. If Chinamen engaged in any kind of 
trade, even among themselves, they were liable to l)ay $30 per month, to be 
collected in the same manner as their mining licenses. 07'. Law,
, 1869, 49- 
52. The law was several times amended, but never to the advantage of the 
Chinese, who were made to contribute to the revenues of the state in a liberal 
manner. 
The product of the mines of Jackson county from 1851 to 1866 has heen 
estimated. at a million dollars annnal!y, which, from the evidence, is not an 
O\,'el'-estimate. lIillel:i' 01"., 288; GiljJ'Y's Or., 1\18., 51-3. 
The first to engage in deep gravel-mining was a company of English capi- 
talists, who huilt a ditch five miles long in Josephine county, on Galice Creek, 
in 187':;, and founù it pay. A California company next made a ditch for 
bringing water to the Althouse creek mines in the same county. The third 
and longer ditch constructed was in .Jackson county, and belonged to D. P. 
Thompson, A. P. Ankeny & Co., of Portland, and is considered. the best min- 
ing property in the state. It conducted the water a distance of twenty-three 
miles to the Sterling mines in the neighborhood of Jacksonville. Another 
ditch, built ill 1878, elevcn miles long, was owned by Klipfel, Hannah & Co., 
Jacksonville, and by Bellinger, Thayer, Hawthorne, and Kelly of Portland. 
It Lrought water from two small lakes in the Siskiyou l\fountains to Applegate 
Creek, and cost $.
O,OOO. Ashland 'l'idir/[Js, Sept. 27, 1878. The results were 
entirely satisfactory. A company was formed by 'V. R. 'Yillis, at Roseburg, 
in 1878, with a capital of half a million for carrying on hyd.raulic mining on 
the west bank of .Ápplegate Creek. They purchased the water rights and 
improvements of all the small miners, and took the water out of the creek 
abm'e them for their purposes. J. C. Tolman of Ashland in the same year 
brought water from the mountains to the Cow Creek mines. The Chinamen 
of Rogue Ri,.er Valley also expended $2:>,000, about this time, in a ditch to 
briug water to their mining ground, and with good results. Duncan's South- 
er
'. 0,.., 
1::;., }O. Thus, instead of the wild excitement of a few years in 
which luck entered largely into the miner's estimate of his coming fortune, 
there grew up a permanent mining inùustry in Jackson county, requiring the 



742 


MINES AND MINING. 


in\Testment of capital and making sure returns. In a less degree the same 
I'1ay be said of Douglas county, and also of Coos when the hydraulic process is 
applied to the old sea-beaches about four miles from the ocean, which are rich 
and extensive. 
It was not until 1866 that silver ledges received any attention in southern 
Oregon. The first location was made one mile west of "\Villow Springs, in 
Rogue River Valley, on the crest of a range of hiJls running parallel with the 
Oregon and California road. This was called the Sih'er .J\Iountain ledge, was 
eight feet in width at the croppings, and was one of three in the same vicinity. 
Jack."1onville Rpporter. Jan. 13, 1866; Jacksonville Reveille, Jan. II, 1866; 
Portland Oregonian, Jan. 27, 1866. In the following year sih-er quartz was 
discovered in the mountains east of Roseburg. Some of the mines located by 
incorporated companies in Douglas county were the :Monte Rico, Gray Eagle, 
Excelsior, and Last Chance, these ledges being also gold-bearing. This group 
of mines received the name of the Bohemia district. E. 'V. Gale and P. 
Pcters were among the first discoverers of quartz in Douglas county. Rosebuf'[J 
Ensign, Sept. 14 and 21, 1867; Salem JVillarnette j?ctrmer, July 9, 1870. On 
Steamboat Creek, a branch of the Umpqua, James Johnson, a California miner, 
discO\'ered a gold mine in quartz which assaycd from $300 to $1,000 to the 
ton. Owing to its distance from the settlements and the difficulty of making 
a trail, it was neglected. The .Monte Rico sih'er mine, in the Bohemia dis- 
trict, yielded nearly two hundred dollars per ton of pure sih'er. In 1868 the 
Seymour City and Oakland mines were located, all being branches of the same 
great vein. John A. Veatch describes the Bohemia district as pertaining as 
much to Lane as Douglas county, and lying on both sides of the ridge sepa- 
rating the waters of the Umpqua amI 'Villamette. He called it a gold-bearing 
district, with a little silver in connection with lead and antimony. Specimens 
of copper were also found in the district. feZ" July 12, 180!). John ßI. Foley, 
in the llosebur!f Ensign of August 2!), 1868, describes the Bohemia district as 
resembling in its general features tbe silyer-bearing districts of Nevada and 
Idaho. There is no doubt that gold and silyer will at some period of the fu- 
ture be reckoned among the chief resources of Douglas county, but the rough 
and densely timbered mountains in which lie the quartz veins present obsta- 
cles so scrious, that until the population is much increased, and until it is less 
easy to create wealth in other pursuits, the mineral riches of this part of the 
country will remain undeveloped. 
The other metals which have been mined, experimentally at lcast, in 
southern Oregon, are copper and cinnabar. Copper was discovered in Jose- 
phine county on the Ii.linois River ill 1836, near where a yein called Fan 
Creek was opened and worked in 1863. The first indications of a true VCill of 
copper ore were found ill 183!), by a miner named Hawes, on a hill two miles 
west of 'Valdo, in the immediate yicinity of the famous Queen of Bronze 
mine, and led to the discovery of the latter. The Queen of Bronze was pur- 
chased by De Hierry of San Rafael, California, who expended considerable 
money in attempts to reduce the ore, which be was unable to do profitably. 
The Fall Creek mine was also a failure financially. Its owners-Crandall, 
:Moore, Jordan, Chiles, and others-made a trail through the mountains to 
the coast near the mouth of Chetcoe Ri\'er, a distance of forty miles, where 
there was an anchorage, superior to that of Crescent City, from which to ship 
their ore, but the expenditure was a loss. In this mine, as well as in the 
Queen of Bronze, the ore became too tough with pure metal to be mined by 
any means known to the owners. 
The first knowledge of cinnabar in the country was in 1860, when R. S. 
Jewett of Jackson county, on showing a red rock in his mineral collection to 
a traveller, was told that it was cinnabar. The Indians from whom he had 
obtained it could not be induced to reveal the locality, so that it was not until 
fifteen years later that a deposit of the ore was found in Douglas county, six 
miles east of Oakland. The reason given for conccaling the location of the 
cinnahar mine was that the Indians had, by accident, and by burning a large 
fire on the rock, salivated themselves and their horses, after which they had 



COAL-FIELDS. 


743 


a superstitious fear of it. Rogue River John, on seeing Jewett throw a piece 
of the rock upon the tire, left his house, and could not be induced to return. 
Portland West Shore, Nov. 1878, 73. The owners erected a furnace capable 
of rctorting six hundred pounds per day to test the mine, and obtained all 
a,'erage of forty ùollars' worth of quicksilver from this amount of ore. The 
mine was then purchased by the New Idria company, which put up two fur- 
naces, capable of retorting three tons daily. The assay of the ore JiehIed 
from sixty to eighty pounds of pure quicksilver per ton. Fuel being plenty 
and chea.p made this a profitable yicld. The mine was owned entirely in Ore- 
gon. The officers were A. L. TOlId president, A. C. Todd secretary, J. P. 
Gill treasurer, J. 'Y. Jackson superintendent, T. S. Rodabaugh agent. Gill, 
Itodabaugh, and Jackson composed the board of directors. The cost of open- 
ing up the Nonpareil mine was S40,000. Roseburg PlaÏil'iealer, Sept. 20, 1879. 
J}artial discoveries of tin have been made in Douglas county, but no mine has 
yet bcen found. Among the known mineral productions of the southcrn 
counties are marble, salt, limestone, platina, borax, and coal. The latter 
mineral was discovered about the same time near the Columbia and at Coos 
Bay. 
The first coal discoveries at Coos Bay were made in 1853 near Empire City 
and North Bend. The first to be worked was the :l\Iarple and Foley mine, 
about one mile from the bay, which was opencd in 1834. It ".."as tried on the 
steamer Crescent City in .May of that year, and also in S. F., and pronounccd 
good. S. R Alta, J\lay 6, 12, 1854. The first cargo taken out was carried in 
wagons to the bay, and transferred to flat-boats, which conveyed it to Empire, 
where it was placed on board the Ohmuw!J for S. F. The vessel was lost OIl 
the bar in going out, but soon after another cargo was shipped, which reached 
its destination, whcrc it was sold at a good profit. This mine was abandoned 
on further exploration, the next opened being at Newport antI Eastport, in 
1838. James Aikl'll ùiscoyered these vcins. The Eastport mine was opened 
by Northrup and Symonds, and the Newport mine by Rogers anù :Flannagan. 
The early operations in coal at Coos Bay were expensive, owing to the crudi- 
ties of the ll1cans employed. The Eastport mine \\-as sold in 1868 to Charles 
anù John Pershbake;, and subse(luently to another company. According to 
the S. F. Tirnes of .March 6, 18ö9, the purchasing company were J. L. Pool, 
Hóward, Levi Ste\.cns, I. 'V. Raymond, J. S. Dean, Oliver El1lridgc, Claus 
Spreckels, and 'Y. H. 
harp. Rogers sold his interest in the Newvort mine 
to S, H. J\lann. These two mines have heen steadily worked for sixteen ycars, 
and are now in a better condition than ever before. Several others have 
becn opened, with varying success, the 
outhport mine, opened in 1875, being 
the only successful ri \-al to X ewport and Eastport. 
The coal-fields at Coos TILlY appear to extend from near the bay to a dis- 
tance of five miles or more inland, through a range of hills cropping out ill 
gulches or ravines running toward the bay, and 011 the opposite siùe of the 
ridge. The strata lie in horizontal planes, having in some places a slight in- 
c:ination, but generally level, and ba\'e a thickncss of from cight to ten f('et. 
They are easily reached by from three to five miles of road, which brings 
them to navigable water. The same body of coal underlies tl1e spurs of the 
Coast Range for hundreds of miles. It has been ùiscovereù in almost every 
county on the west side of tbe 'Villamette, and along the coast at Port Orford, 
Yaquina and Tillamook bays, on the Nehalem River, and in the highlands of 
the Columbia. A large body of it exists within from one to seven miles of the 
river in Columbia county. Discoveries of coal have also been made ill castern 
Oregon, near Cañon City, an<l on 
nake River, three miles from Farewell 
bcnd. RO,';eúul'!I Independcnt, Nov. 1. 1879; Oregon Facts, 13-16; Corva'ui.
 
Gæ;:,ette, April 13, 1867; POl.tland JVest Shore, Feb. 1876, and Jan. and March 
1877; S. lf
 llhl1illg and Scientific Pres.
, Dec. 14, 1872; Gale's Re::wurces (if Coos 
Count!!, 43-36; B,'owne's Resources. 2:37; Resources of Southern Or.. 10-12. 
'Vith regard to the quality of the coals in Oregon, they were at first classed 
by geologists with the brown lignites. 'This name,' says the .Astorian of 
Aug. 29, 1879, 'is an unfortunate one, as it is now prO\-ed that the coals called 



744 


IMPORTS AND EXPORTS. 


lignites are not formed of wood to any greater extent than are the coals of the 
carboniferous period. It gives the impression of an inferior coal, which ill the 
main is a mistaken idea. for coals of every quality, and fit for all uses, can be 
fùund in the so-called lignites of the Pacific coast.' An analysis of Coos Bay 
coal, made in 1877, gave water 9.87, sulphur 3. 7;
, ash 10.80, coke 50.00, vola- 
tile gases 2G.40. S. R Call, June 23, 1867. Another analysis by E\Tans gave 
carbon in coke 60,30, volatile gases 23.50, moisture 9.00, ash 4.70; specific 
gravity 1.384. Or. :')tate.mwn, Aug. 18, 1857. It varies in appearance and 
character in different localities. At Coos Bay it is described as a clean, black 
coal, of lustrous chonchoidal fracture, free from iron pyrites, with no trace of 
sulphur, burning without any disagreeable odor and comparatively little ash. 
It cakes somewhat in burning and gin's off considerable gas. This descrip- 
tion applies equally well to the coal on the Columbia Riyer, where it is has 
been tested, and to the mines on Puget Sound. In certain localities it is 
harder and heavier, and the same mine in different veins may contain two or 
more varieties. Later scientists speak of them as brown coals, and admit 
that they are of more remote origin, and have been subjected to greater heat 
anJ pressnre than the lignites. but say that they occupy an intermediate 
position between them and the true coals. U. S. 11. Ex. Doc., x. 206, 42d 
congo 2d sess. It would be more intelligent to admit that nature may produee 
a true coal different from those in England, Pennsylvania. or Australia. 
The cost of producing coals at Coos Bay is one dollar a ton, and fifteen 
cents for transportation to deep water. Transportation to S. F. is two dol- 
Jars a ton in the comvanies' own steamers of seven and eight hundred tons. 
In 1836 it was 813 per ton, and coal $40. The price varies with the market. 
Relatively, Coos Bay coal holds its own with the others in market. The 
prices for 1873 were as follows: Sidney. $17; Naniamo (V. I.), $IG; Bellingham 
Bay, 815; Seattle, $16; Rocky :Mountain, $16; Coos Bay, $15; :Monte Diablo 
(Cal.), 812. S. F. Bulletin, Jan, 14, 1873. Prices have been lowered several 
dollars by competition with Puget Sound mines. The value of the coals 
exported from Coos Bay in 1876-7 was 8317,473; in 1877-8 it was $218,410; 
and in 1878-9 it was $150,255. This falling-off was owing to competition 
with other coals, foreign and domestic, and the ruling of lower prices for 
fuel. Still, as the cost of Coos ßay coals laid down in S. F. is less than four 
dollars, there is a good margin of profit. 


IMPORTS AND EXPORTS.. 


I will now give-a few statistics concerning imports and exports. In 1857 
Oregon had 60,000 inhabitants, and shipped 60,000 barrels of flour, 3,000,000 
pounds of bacon and pork, 2.30,000 pounds of butter, 25.000 bushels of 
apples, $40,000 worth of chickens and eggs, $200,000 worth of lumber, $7;),- 
OGO worth of fruit-trees, $:W,OOO worth of garden-stuff, and 52,000 head of 
cattle, the total value of which was $;
,200,000. The foreign trade, if any, 
was very small. In 1861 the trade with California amounted to less than 
two millions, which can only be accounted for by the greater home consump- 
tion caused by mining immigration, and the lessened production conseqn<:nt 
upon milling excitement. This year the imports from foreign countries 
amounted only to $1,300, and the exports to about $77.000. During the 
next decade the imports had reached about $700,000, and the exports over 
$800,000. In 1881 tbe imports were a little more than $859,000, and the 
direct exports 89,828,905, exclusive of the salmon export, which amounted to 
$2,750,000, and the coastwise trade, which was something over six millions, 
making an aggregate of more than eighteen and a half millions for 1881. or 
an Ï.::1crease of alnlOst a million annu3.11y for the twenty years following 18GO. 
Rf'id's pJ'om.e8.'l of Portland, 42; Ilittea's Resources Pacific North-we.'it, 57-
; 
Smallp!t',
 Hist. N. P. R. R" 374. The increase, however. was gradual until 
1874, when the exports sud<1enly jumped from less than $700,000 to ne.arly. a 
million and a half, after which they advanced rapidly, nearly doubhng ill 
1881 the value of 1880. 



CO
lMERCE. 


745 


The imports to Oregon have consisted of liquors, glass, railway iron, tin, 
ana a few minor articles which come from England; coal comes from Aus- 
tralia as balJast of wheat vessels; general merchandise from China; rice, 
sugar, antl molasses from the Hawaiian Islands; and wool, ore. and hides from 
British Columbia.. The exports from Oregon consist of wheat, oats, flour, 
lumber, coal, wool, salmon, canned meats. gold, silver, iron, live-stock, hops, 
potatoes, hides, fruit, green and dried, and to some extent the products of 
the dairy. A comparative statement of the principal exports is given for the 
year ending August 1878, in Rcid's Pro[lre13.<; of Portland, a pamphlet pub- 
lished in 1879 by the secretary of the Portland board of traòe. 
1877-8. 1876-7. 
$980,9J6 $1,750,350 


Salmon to S. F., in cases, value...... . . . . . . . . . . . . . 
'Vheat, flour, oats, hops, potatoes, lumber, hides, 
pickled salmon, treasure, and all domestic prod- 
ucts from the Columbia to S. F., except wool 
and coal..................................... 
Wool exports via San Francisco................... 
Coal from Coos Bay ............................. 
Lumber from Coos Bay and the coast...... ........ 


3,765,687 
998, :305 
21 R ,410 
151,234 


Total to San Francisco.......................... .$6,124,492 
'Vheat and flour direct to the United Kingdom, 
yalue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,. 4,872,027 
Canned salmon direct to Great Britain, value..... .. 1,3:26,036 
Beef and mntton, canned and uncanned, value. . . . . . . 133,89.3 
'Vheat, flour, and other products to the Sandwich 
Islands and elsewhere, value. ... ... ... . ...... .. 637,636 
Gold and sil\'er froni Oregon mines, value.... .... .. 1,2S0,8ü7 
Cattle to the eastern states, etc. . . .. . . . . . . . ... .. . . . . 2';0,000 


2,332,000 
736,CìOO 
317,4.5 
1.3,:{67 


$.3,329,192 


3,53:!,OOO 
737,8:10 
36.3,7;33 


386,600 
1,200,OJO 


$14,644,973 $1l.571,335 
Increase in one year................................. 3,073,618 
The number of vessels clearing at the custom-house of Portland and Astoria 
for 1880 was ]41, aggregating 213,14:3 tons measurement; 93 of these \'essels 
were in the coastwise trade, the remaining 48, measuring 40,600 tons, were 
employed in the foreign trade. In 188] the clearances for foreign ports from 
Portland alone were 140, meal:!uring 130.000 tonq, and the clearances for 
<1omcstic ports, including steamships. were not less than 100, making aD 
increa5e in the number of sea-going vessels of ninety-nine. 



CHAPTER XXIV. 


LATER EYENTS. 


1887-1888 


RECE
T DEVELOPME
TS IN RAILWAYS-PROGRESS OF PORTLAND-ARCHITEC- 
TURE A
D ORGANIZATIONS-EAST PORTLAND-IRON 'V ORK8- VALUE 011' 
PROPERTy-:\II
I
G - CO:KGRESSIONAL ApPROPRIATIONS-NEW COUNTIES 
-SALMO
 FISHERIES-LuMBER-POLlTICAL AFFAIRS-PUBLIC LANDS- 
LEGISLATURE-ELECTION. 


TAKING a later general view of progress, I find that 
the multiplication of railroad enterprises had beconle 
in 1887-8 a striking feature of Oregon's ,unfolding. 
In this sudden developillent, the Northern Pacific had 
taken the initiative, causing the construction of the 
lines of the Oregon Rail\vay and Navigation COln- 
pany, the forll1ation of the Oregon and Transconti- 
nental and other companies, and finally the control 
for a titHe of the Northern Pacific by the Oregon 
interest. 1 That these operations llliscarried to SaIne 
extent ,vas the natural sequence of overstrained 
effort. The city of Portland, and to a considerable 
extent, the state, suffered by the neglect of the 
Northern Pacific Tern1Ïnal COlnpallY to construct a 


1 I haye already referred to the O. R. & N. co.'s origin and management 
in 1879-83, Imt reference to the methods employed by Villard will not be 
out of place here, He gained an introduction to Oregon through being the 
financial agent of the German bond-holders of the Or. and Cal. R. R., and a 
year afterward was made president of this road and the Oregon Steam8hip 
co.. of which Holladay hac! heen president, through the action of the bond. 
hoillers in dispossessing Holladay in 1875. In 1872 a controlling interest in 
the Oregon Steam Navigation co., on the Columhia river, had been sold to 
the Northern Pacific R. R. co.. and was largely hypothecated for loans. or 
on the failure of Jay Cooke & Co., divided among the creditors as assets. 
This !3tock was gatherell up in 1879 wherever it could be obtained, at a price 
much below its real value. 
(746) 



RAILROADS. 


747 


bridge over the Wi11amette river, and erect depôt 
buildings on the ,vest side. 
 The
e drawbacks to the 
perfection of railroad service ,vere reilloved, so far 
as a bridge is concerned, in June 1888, when the 
Oregon Rail\vay and Navigation C01l1pany cOlu"pleted 
one, \vhich ,vas follo\ved soon after by the erection of 
the present union depôt. 
In the lneantilne t\VO Ï1uportant changes took place 
in the rail\vay systeln of the state. Negotiations 
had been for three years pending for the purchase of 
the bankrupt Oregon and California railroad, ,vhich 
\vere rel1c\ved in January 1887. The ternlS of the 
proposed agreeillent were,. in effect, that the fit'st 
Inort
age bond-holders a should be paid at the rate of 
110 for their new forty-years' gold five per cent bonds, 
guaranteed principal and interest, by the Southern 
Pacific Railroad ConJpany of California, together 
with four pounds in cash for each old bond; the ne\v 
bonds to be issued at the rate of $30,000 per 111i
e, 
and secured by a new 1110rtgage, equivalent in point 
of lien and priority to the first mortgage, and bearing 
interest froIH Julv 1, 188G. Preferred stockholders 
would receive on
 share of Central Pacific, together 
,vith four shillings sterling for each preferred share, 
aud COlUluon stockholders one share of Central 
Pacific and three shillings for every four COlllll1011 
shares. The transfer actually took place on the first 
of 
ray, 1887, and the road ,vas cOlnpleted to a 
junction at the to\vn of Ashland on the 17th of De- 
celnber of that year. This salp gave the California 
systenl the control of the trunk line to the Colulnbia 
river, and gave encouragelllent to the long contenl- 
plated design of its Inanagers to extend branch lines 
east\vard into Idaho and beyond. The Southern 
Pacific Con1pany also purchaseJ the Oregon railway 


2The obstructing influence in the bridge matter was the N. P. co., whose 
consent was obtained only after the return to power of Villard. 
3 Ruits of foreclosure had heen entered in the U. S. circuit court at Port- 
land, Deady, judge, which were dismis:sed June 4, 1888, on petition of the 
S. P. co. 



748 


LATER EVENTS. 


in 1887, which had been sold in 1880 to 'Villialll 
Reid of Portland. 
At the saIne tiine the Union Pacific, having 1l10di- 
fled its vie\\ys since t.he period when it was ofÌered an 
interest in the Oregon Hailroad and Navigation COlll- 
pany, desired to secure a perpetual lease of this prop- 
erty. To this proposition the Oregon people ,vere 
largely friendly, because it ,vould change the status 
of the road frolH a n1erel y local line to a link in a 
through line to Oinaha, the other link being the 
Oregon Short Line railroad, a \\"TyoL11ing corporation, 
but controlled by the Union Pacific. The lease ,vas 
signed January 1, 1887, anJ was n1ade to the Oregon 
Short Line, the rental being guaranteed by the 
Union Pacific at five per centulu of the earnings of 
the demised preinises.' 
Seeing in this arrangelnent a future railroad ,varin 
,vhich the Northern Pacific and Union Pacific ,voult! 
be, if not equal, at least coincident sufferers, Villard, 
who had regained his standing in the COll1pany by 
cOll1Îng to its relief with funds to construct the costly 
Cascades division, desired to 111ake the lease a joint 
one, by ,vhich 111eanS the threatened cOlnpetition 
should be avoided. But c01l1petition ,vas not ullde- 
sirable to the people, who had 1110re cause to fear 
pooling. Besides, it was but natural that the N orth- 
ern should wish to occupy all the country north of 
Snake river with its o,vn feeders, and to confine the 
OrEgon road to the country south of it. But the 
wheat region of eastern Washington, and the rich 
lnineral region of northern Idaho, \vere the fields into 
which Oregon wished to extend its business. These 
points being brought for\vard in the discussion of the 


'It was necessary to pass a special act giving authority to the O. R. & N. 
to make the lease. The legislature after much argument passed it; it Wa.3 
not signed by Gov. Penn oyer, but became a law without his signature. Ac- 
cording to the corporation laws of Oregon, the lease of any railway to a 
parallel or competing line is prohibited. But a goocl deal of the opposition 
to the lease came from the Oregon Pacific, or Yaquina, R. R., which c.lesire<l 
a
 much territory as it could hy any means secure in ea:)terll Oregon, and 
feareù so strong a competitor as the U. P. R. R. 



GENERAL DEVELOP
IENT. 


749 


propesed joint lease, it ,vas endeavored to s11100th the 
,yay to an agreelnent by conceding to the Oregon line 
the carrying trade arising over a portion of the N orth- 
ern feeders. á 
The agreement gave the right and po\ver, after 
July 1, 1888, for ninety-nine years, to the Oregon 
Short Line and Northern Pacific cOlnpanies jointly 
to ll1anage, operate, and control the Oregon Railroad 
and Navigation Conlpany's railroad; to fix rates of 
transportation, to dispose of the revenues equally be- 
tween then1, and to pay equally the rental agreed 
upon in the original lease. It being apparent to the 
enèlnies of this arrangeillent that the 111ajority of the 
directors of the Oregon COlllpany would be persuaded 
to sign the lease, a teillporary injunction ,vas applied 
for in the state circuit court by Van B. De Lashulutt, 
1nayor of Portland, which injunction was granted 
!Iarch 1888, upon the ground of violation of Oregon 
la\v. It ,vas subsequently dissolved, and the lease 
,veut into effect in July of that year. None of the 
parties to the agrf'
lnent pretended that it would 
stand a legal test, but knew that it was liable to be 
abrogated at any tilne 'v hen cirCulllstallces should 
make it repugnant to either of the joint lessees. 6 
The Oregon Pacific, a nalne given to the Corvallis 
and Yaquina Bay railroad, subsequent to the incep- 
tion, ,vas c0111pleted to Albany in 1R86, w"here a bridge 
over the Willan1ette ,vas forll1al1y opened on the 6th 
of January, 1887. 1 It ,vas, and still is, lnaking its 


5 That is on the existing or future feeders of the N. p, between Pend 
d'Oreille lake an.l Snake ri,;er, and option was allowed to use ei
her r01..l
e to 
tide-water-via Portland or Tacoma; but unless specially consigned other- 
wise, this traffic Bhoultl take the Oregon route. 
6 It is not clear to me what was Villard's motive for wishing to join in the 
U, P.'s lease. The motive of that company, which the Central Pacific had 
kept out of California, in desiring to come to the Pacific coast is easy to com- 
prehend. The O. R. & N. erred, in my judgment, in yielding the control of 
the best railroad property on the northwe::)t coast to a company with the 
standing of the U. P. The Southern Pacific will show its haud in competition 
soon or late, and will build more feeders than the U. P., while the N. P., on 
the other side, will make the m03t of its reserved rights, thus narrowing 
down the territory of the leased road. 
1 The íÌr.:lt freight train to enter Albany was on Jan. 13, 1887. 



750 


LATER EYENTS. 


,yay east\vard from that to\vn, through a pass at the 
head ,vatbrs of the SantiaIIJ river. Fronl the 
ulnn1Ít, 
,vhich is 4,377 feet above sea level, the descent was 
easy and frolH Des Chutes river the route laid out 
passed through a farn1Îng country equal in produc- 
tiveness to the fatnous \vheat-gro\ving basin of tIle 
Colulnbia in "\Vashington, taking in the Harney and 
J\Ialheur valleys, running through a pass in the InOUll- 
tains to Snake river and thence to Boisé, there to 
connect with eastern roads. The road at Yaquiua 
connects with the Oregon Developlllent Coulpany's 
line of stJalnerS to San Francisco. The last spike 
was driyen January 28, 1887, on a railroad frolH Pen- 
dleton in eastern Oregon to the 'Valla 'ValIa, aud 
other extensions of the Oregon llail\vay and N a viga- 
tion Company's lines speedily follo\ved. 
Thp Portland and WillanJette vallev railroad is an 
extension of the narro\v guage systen; of the \vestcrn 
counties before described. It was carried into Port- 
land along the west bank of the 'Vlllalnette, in the 
autulnn of 1887, and affords easy and rapid transit to 
the suburban residences within a few n1Ïles of the city 
by frequent local as ,veIl as through trains. 8 


Portland improved rapidly between 1880 and 1888. 
It left off its plain pioneer ways, or all that ,vas left 
of them, and proje
ted various public and private 
ern bellishnlents to the city. It erected t\VO theatres, 
and a pavilion in which \vere held inùustrial exhibi- 
tions. A beautiful nledical college ,vas a triumph of 
architecture. The school board, inspired by th3 dona- 
tion of $60,000 to the school fund by l\Ir Henry 
Villard, indulged in the extravagance of the 1110St 
elegant and costly high-school building on the Pacific 
coast, and several ne,y churches were erected. Citi- 
zens vied with each other in adopting tasteful designs 


8Twenty passenger trains arrived and departed daily, exclusive of sub- 
urban trains. Six lines had thcir terminus there. Over 30 freight trains 
arrived ant! departed-a great change from the times of 1883. 



NOTABLE ENTERPRISES. 


7jI 


for their residences; parks and streets \vere Ï1n- 
proved; street-car lines added to the convenience of 
locon1otion; business blocks arose that rivalled in 
stability those of older cOllunercial cities; and 
,vharves extended farther and farther along the river 
front. 
In 
Iay 1887 articles of incorporation \vere filed by 
a nUll1 ber of real estate brokers, \v ho forIned a Real 
Estate Exchange. The object' of the corporation, as 
expressed, was laudable, and their number prolllised 
success, and the erection of a handsome Exchange 
building. The military companies built themselves 
an arlllory on an inlposing design, and the Young 

Ien's Christian Association followed with a structure 
of great l11erit, while a building kno\vn by the nalne 
of the Portland Library, and destined to be occupied 


'The incorporators were Ellis G. Hughes, 'V. F. Creitz, T. Patterson, J. 
P. O. Lownsdale, L. 
I. Parrish, and L. D. Brown. The avowed object of 
the Real Estate Exchange is to secure a responsible medium of exchange of 
equal benefit to buyer and seller, to equaEze commissions, to foster the 
growth of the state, encourage manufactures, and invite capital anrl immi- 
gration. The list of stock-hohlers is as follows: L. F. Grover, Ellis G. 
Hughes, A. 'V. Oliver, Eugene D. \Vhite, E. J. Haight, Frank E. Hart: JolIn 
Kiernan, Geo. :l\Iarshall, A. B. :Manley, Robert Bell, J. 'V. Cook, Philo 
Holbrook, 
1. B. Rankin, H. C. Smithson, A. E. Borthwick, L, 
I. Cox, Geo. 
'Voodward, John Angel, H. D. Graden, J. F. Buchanan, Fred. K. Arnold, 
E. 'V. Cornell, L. 
L Parrish, Geo. E. "
atkins, H. B. Oatman, R. B. Curry, 
J. L. Atkinson, D. \V. \Vakefield, A. 'V. Lambert, 'V. F. Crietz, T. Patter- 
son, 'V. A. Daly, T. A. Daly, J. Fred. Clarke, Geo. Knight, Geo. P. Lent, 
A. J. Young, Van B. De Lash mutt, B. F. Clayton, J. P. O. Lownsdale, P. 
'V. Gillette, David Goodsell, H. D. Chapman, 'Vard S. Stevens, J. 'Y. Ogil- 
bee, C. .1\1. 'Viherg, S. B. Riggen, R. H. Thompson, Geo. L. Story, 'YIll )1. 
Killingworth, 'V. K. Smith, :So 
1. Barr, E. E. Lang, L, D. Brown. James 
E. Davis, Ed. Croft, Benj. I. Cohen, J. ,,yo Kern, J. G. \Yarner, E. M. Sar- 
gent, Sherman D. Brown, 'V. L. Wallace, E. Oltlendorff, John J\L Cress, 
l\Iert E. Dimmick, D. H. Stearns, 'V. G. Telfer, Edward G. Harvey, L. L. 
Ha"wkins, D. P. Thompson, Frank Dekum, Dudley Evans, E. D. :McKee, 
James Steel, T. A. Davis, A. H. Johnson, John 
'1cCracken, Donald 
lacleay, 
Ed. S. Kearney, C. A. Dolph, J. N Dolph, Henry FaiEng, N. L. Pittock, R. 
1\1. Demcal, A. L. 
Iaxwell, Preston C. Smith, C. J. )lcDougal, Jame
 K. 
Kelly, John H. 
litchell, ,V. A. Jones, C. 'V. Roby, 'Ym P. Lord, A. N. 
Hamilton, J. A. Strowbrictge, JolIn Gates-95 members, Two are U. S. 
senators, two ex U. S. senators, 12 are capitalists and bankers, one judge of 
the sup. ct, one mayor of Portland, one postmaster of Portland, 2 newspaper 
men, one a major in the U. S, army, 4 attorneys-at-law, 8 merchant8, one 
manager of 'Vells, Fargo & CO.'s express, one R. R. agent, and the remain- 
der brokers and real estate dealers, 40 of whom are the holders of 8eat$ in 
the exchange Rooms have been taken for the pre..
ent at the corner of Stark 
and Recon<l sts. The admi!';sion fee was at first 
fiO, but was soon increased 
to $100, No more than 100 seat:J will be sold, and the quarterly dues are 
fixeù at $15. 



752 


LATER EVE
TS. 


by that institution, ,vas built by subscriptions obtained 
chiefly by.its first president, Judge Deady. An iUl- 
l11e11se hotel, costing nearly a lllillion dllars, and an 
art glass Inanufactory were added in 1888. 
East Portland shared in the prosperity of the greater 
city, and having a larger extent of level land for 
to\vn-site purposes, offered better facilities for buildino- 
cheap hOilles for the working classes. The Portland 
Reduction works \vas located there, and opened in the 
spring of 1887, for slneltìng ores froin the mines of 
Oregcn and Idaho. Street cars \vere introduced here 
in 1888, connecting \vith West Portland by llleans of 
a track laid on a bridge over the Willalnette at 
lor- 
rison street, and \vith Albina by another bridge across 
the ravine \vhich separates theine The extensive \vare- 
houses and other irnprovements of the Northern Pa- 
cific railroad \vere at Albina, \vhich thus became the 
actual terlni11us of that road, and of all the transcon- 
tinental roads conling to Portland. A railroad across 
the plains northeast of East Portland carried passen- 
gers to the Colu111bia, opposite Vancouver, and brought 
that charllling locality into close neighborhood to 
Portland. 
At Os\vego, a fe\v Iniles south of Portland, the 
Oregon Iron C0111pany's works, \vhich in 1883 ,vere 
closed on account of the low price of iron, and the 
incapacity of the furnaces to be profitably operated, 
were reopened in 1888 by the Iron and Steel Works 
Company,11 en]ploying over three hundred 11len. 
rhe 
10 Alhiaa, a
 I have otherwheres shown, was founded by Edward Russell, 
hut the property was sold in 1879 to .J, B. .Montgomery before the N. P. R.R. 
co. selected the site for its terminal works. This gave it importance, a3 the 
machine shop
 of the Terminal co., N. P., the O. R, & N., and the O. & c. 
CDS were 10cated there, to which are now added those of the S, P. R. R" 
making in all quite a village of fub
tantial brick buildings with rooÍ3 of 
slate in the railroad yarlh, ftlontg(,mery dock has an area of 200x500 feet, 
and has hall a
 much as 600,000 hushels of wheat stored in it at one time. 
:n 188742,010 tons were shipped through it. The Columbia River Lumber 
and 
lanufactnring co. keeps an exten:3ive lumher yard at Albina. The 
owners are J B. :Montgomery and \Vm 1\1. Colwell. All these large enter- 
prises, together with the iron works, employ many laborers",who find pleasant 
homes in Alhina. 
11 S. G. Reetl, \Vm 
1. Ladd, F. C. Smith, C. E. Smith, J. F. Watson, the Or. 
Transcontinental co., anù some eastern capitalio;ts constituted the compa.ny. 



SUBSTANTIAL E\lPROYE:\IEXTS. 


753 


water po\ver at Oregon City, ,vhich ever since 1841 
had been a source of discord, and had constituted at 
tinles an inj urious Inonopoly, had finally conle into the 
hands of a syndicate of Portland and Oregon City 
Inen, who designed to Hlake the latter place \vllat 
nature intended it to be-the great ll)anufacturiuO" 
1 w 
centre of the state. 2 
The estilnated value of property in !fultno111ah 
county at the close of 1887 ,vas $27,123,780, and the 
value of transfers for that year about $6,000,000. 
The iUllnigation to the state nunlbered nearly fifty 
thousand, and the ilnportation of cash ,vas estÍ1nated 
at $19,221,000. All parts of the state partook of the 
ne,v gro,vth. Salein had received the splendid state 
aRY IUln for the insane, and the schools for the blind 
and the deaf and dUlllb, a Inanufactory of agricultural 
lllachillery, and other substantial ilnprOyelnents, be- 
sides a \VOlnall's college, and a public school building 
in East SaleH1 costing $40,000. 
The county-seat of Yainhill county had been re- 
moved to the flourishing to,vn of l\IcMinn ville. Cor- 
vallis, Albany, Eugene, and the to\VllS in southern 
Oregon, of which Ashland \vas in the lead, all throve 
excellently. 


12The o. R. & N, co. held formerly all hut a few shares of the 'Yillamette 
Transportation and Locks co. 's stock, which latter cOIllpany owned the 
locks, canal, basin, and warehouse on the ea
t side of the fall.
, with all the 
water-power of the falls, and the land adjoining on both sides. An Oregon 
City co. owned 750 shares of the land on the west side, including that not 
owned by the \V. T, & L. co. The new organization owns all of the lan,l, 
property, stocks, and water-power, purchasing the O. R, & N. co. 's shares 
and all its interest, It proposes to give the nece
sary la.nd 011 the west side 
free, with water-power for 10 years rent free, to any persons who will build 
and operate manufactures. It is also proposed to construct a suspension 
toll-bridge across the 'Villamette, provi,led the proper authorities do not 
huild a free hridge, as they may do. The O. R, & N. wouhl not sell any 
l)art of its holding without selling all, therefore the new company were force,l 
to purchase the locks, which ga\
e them additional facilities for the tBe of 
the water-power. The state ha
, however, hy law the right and option to 
buy the locks on the 1st of January, 18Ua, at their then value, awl it is feared 
that this may delay the use of the power until this option is disposed of hy 
legislation. The land and power were pooled on equal terms without refer- 
ence to value, and the locks were estimated at !-\400, 000. This is paid hy a 
mortgage on the whole property running 12 years, hearing interest for 5 
years at 4 per cent, and for the next 7 years at 5 per cent. The pres't of the 
co, is E. L. Eastham of Oregon City, 
HlST. OR., VOL, n. 48 



754 


LATER EVENTS. 



fining also had a strong revival in t11e southern 
and eastern counties, \vhile ne\v discoveries and re- 
discoveries \vere nlade in the Cascade range in l\Iarion 
and Clackamas counties. No lllining furore is likely 
ever to take place again in this state, if any\vhere in 
the north \vest. Placers such as dre\v thousands to 
Rogue river in 1851, and to John Day river in 1862, 
\vill probably never again be discovered. The hy- 
draulic gravel n1ines of Jackson and Josephine coun- 
ties have proved valuable properties, and a fe\v 
quartz n1Ïnes on the eastern border of the state have 
returned good profits. The reduction works at East 
Portland \vere erected to reduce the ores of the 
Cæur d' Alene silver district chiefly.13 1\Iuch Oregon 
capital had becorne interested in Cæur d' Alene, and 
also in the recently discovered lnines of Salmon river in 
eastern Washington, \v hich \vere found upon the Chief 
l\Ioses'reservation, \vhich is in the Okanagan country 
of the npper Coluillbia, once hastily prospected by 
nlÍners in the Colville nlining excitell1ent, but only 
known to contain quartz n1ines since 1887. The total 
gold prodnct of Oregon in 1887 was over half a 
Inillion, and of silver about $25,000. 
Although there is no lack of building stone in 
Oregon, if county statistics Inay be believed,14 the 


UThe Cæur d' Alene furnishes galena-silver ores. The Sierra Nevada 
mine, yieltling ore consisting of galena and carhonates, is said to average 
$94.79 in leat! and silver. A block of galena weighing 760 pounùs assayed 
69 per cent leacl, and $] 10 in silver per ton. Some of the specimcns are of 
rarc beauty, the silver being in the form of wire intermingled with crystals 
of carhonate, arranged upon a back ground of a dark metallic oxide, and 
appearing like jeweh in a velvet line,l case. Some of the prominent mines 
are the Bunker Hill, Sullivan, the Tyler, the Ore-or-no-go, and the Tiger. 
14 The mÏ11eral resources of the several counties are: Baker: gold in quartz 
and placers, silver in lodes, copper, coal, nickel ore, cinnabar, building 
stone, limestone and marble. Benton: coal, building stone, gold in beach 
sand, iron, Clackamas: iron ore and ochres, gold in quartz, copper, galena, 
coal, building stone, Clatsop: coal, potter's clay, iron ore, jet. Columhia: 
iron ore, coal, manganese ore, salt springs. Coos: coal, gold in beach sand, 
streams, and quartz, platinum, iridosmine, brick clay, chrome iron, magnetic 
sands, Crook: gold in placers. CUITY: iron ore, gold in river beùs and 
beach sands, platinum, iridosmine, chrome iron, horate of lime, build. 
ing stone, silver and gold (douhtful). Douglas: gold in lodes and placers, 
nickel ores, quicksilver, copper, native awl in ore, coal, salt springs, chrome 
iron, platinum, iridosmine, natural cement, building stone. Gilliam: coal. 
Grånt: golù in lodes and placer8, silver ill lodes, coal, iron. Jackson: gold 



GOVERN
1ENT I
1PROVE
IEXTS. 


735 


fact remains that but one quarry is kno\vn to produce 
good building nlaterial, and that one i
 at East Port- 
land, fr0111 ,vhieh ,vas taken the stone used in erectillo' 
ð 
the lighthouse at Tillall1ook. The difficulty of obtain- 
ing suitable Inaterial for the jetty being constructed 
at the mouth of the Colunlbia has delayed the \vork, 
and oceasionell loss to contractors. As nlue h as 
$:20,000 was expended in exploring for good rock for 
this purpose in vain, a lin1ited supply being found at 
one place only on the river. Yet there is kno\vn to 
be an abundance of good stone in the lnountains of 
Le\vis and Clarke river, near the 11louth of the 
Columbia; but a railroad of fifteen 111Ïles is requirecl 
to bring it to the coast, and $150,000 \vill have to be 
expended out of the appropriatiun for the \vork of 
iUlproving the lllouth of the Colulnbia. 
The plan of this \vork is to construct a lo\v-tide 
jetty froIH near Fort Stevens, four and a half nÚles 
in a slightly convex course to a point three nlÎles 
south of Cape Disappointnlent. It is intended both 
as a protection to Fort Stevens, and as the llleans of 
securing deep ,vater in tt e channel. The cost is COIn. 
puted at $3,710,000, and of this only $287,500 had 
been appropriated in 1887. The ,york \vas begun 
under the appropriation act of July 5, 1884. So far 
as it has progressed its effect on the entrance to the 
river has proven satisfact.ory. The lack of depth in 
the channel, \v hieh it is the intention to keep at thirty 
feet, prevents An1erican vessels \vith deep botton1S 
frotH entering the river, \vhile the light-draught 
Britisn iron- botto1l1ed vessels secure the trade. 


in lodes and placers, quicksilver, iron, graphite, mineral waters, coal, lime- 
stone, infusorial earth, huilding stone. J o'iephine: gold in lodes and placers, 
copper ores, limestone and marhle. Klamath: mineral water
. Lake: 
Inineral waters. Lane: gohl in quartz and placers, zinc ores. Linn: gold 
ill quartz and placers, copper, galena, zinc blcnde. l\falheur: nitrate heds, 
alkaline salts. 
Iarion: gold and silver in quartz, limestone, bog iron ore. 
Morrow: --. 
1utlnomah: iron ore, building stone. rolk: Imilding stone, salt 
springs, limestone, mineral waters, iron pyrites. Tillamook: gold in bcach 
sands, coal, rock salt, iron pyrites, huilcling stone. Umatilla: gold in lodes 
and placers, coal, iron, Union: gold in lodes and placer::;, silver in lodes, 
hersite, ochre. 'Vallowa: gold in lodes, silver, copper, buihling stones. 
\Yasco: mineral waters. Yamhill: mineral springs, iron pyrites. I i., Jan. 
2, 1888. This in part only. 



736 


LATER EVENTS. 


The state of Oregon is much indebted to the efforts 
of Uniteù States Senator J. N. Dolph for the govern- 
lnent aid granted in inlproving the Colulubia, as ,veIl 
as SOlne lesser waterways. The drainage area of the 
Colulnbia is estilnated by hil}) to be greater than the 
aggregate area of all New England, the 11liddle states, 
and 
Iaryland and Virginia; and the far larger 
portion lies east of the Cascade range, which has no 
other water-level pass fron1 the northern boundar,V of 
\Vashillgton to the southern line of Oregon. This 
pass is Jllonopolized by the Oregon Rail\vayand N avi- 
gation COlnpany's track on the south side, and by a 
railway portage of the same corporation on the north 
side. The governnlent has undertaken to facilitate 
free navigation by constructing locks at the upper 
Cascades and improving the rapids, but the ,york is 
costly and proceeds with the proverbial tardinesd of 
governlnent undertakings, where appropriations are 
held out year after year \vith apparent reluctance, 
,yhile the treasury is overflowing \vith its surplus. 
The work has been going on for eight or ten years, 
during which tilne only about half the 
2,205,000 
required has been appropriated. The riyer and 
harbor line passed by congress in 1888, and ,varlnly 
advocated by the Oregon senators, \vas shaped by 
then1 to carry forward these ilnportant inlprovelnents. 
Another itnprovement advocated by Dolph is a local 
railway at the Dalles, which ,vill cost $1,373,000. 
Besides this, the rapids of the Colulllbia above the 
nlouth of Snake river will require to overCOllle theIll, 
the expenditure of $3,005,000; that is, the SUIll of 
$5,440,500 will, it is believed, open to c0111petition a 
distance of 750 lniles. This ,vill have the effect to 
cheapen freights, which now are entirely in the hands 
of the railroad cOlnbination, except on the lo,ver 
Colulnbia. There can be no doubt that these in1prove- 
Inents ,vill be made at no very distant day, 'v hen the 
Colulnbia ,vill be a continuous ,vater\vay reaching 1,000 
n1iles into the interior of the continent. The Oregon 



COAST COUNTIES. 


757 


delegation in Washington ,vas very persi
tQnt at this 
period in clain1Ïng appropriations for public \vorks. 1a 
Senator 
litchen obtaineJ 
80,000 for the erection of 
a first-class lighthouse near the nlouth of the UUlpqUa. 
river; $15,000 for a site and \vharf at Astoria for the 
use of the lighthouse 
epartlnent, and asktd for 
money to construct the revetlnent of the \V lllaLuette 
at Corvallis. 
The coast counties developed very gradual1y, 
although they received a part of the in1nlÍgratioll, 
and were finally prosperous. Scottsburg projected a 
rail\vay \vhich, if it can be extended to Coos bay, shoulJ 
be a good investnlent. At Sinsla\v a settlenlent \vas 
nlade,16 ,vith three fish-canning establishlnents, and a 
sa\v-lnill. There being a good entrance to the riycl', 
the botton1 lands rich, the ,vater excelll?ut, and the 
clilnate health ful, this section offered attractions t<) 
settlers, and a railroad Inifrht be tnade to connect ,vith 
one frotn Scottsburg. '-' 
Yaquina, fronl the opening given it by the Oregon 
Pacific, and a line of stean1ers to San jj-'rancisco, Blade 
considerable gro\vth, assulned pretensions of a fash iOlJ- 
able resort, and planned to erect a large hotel a fe,v 
n1Ïles south of the bay, where hunting, fishing, and 
beach driving ,vere guaranteed the tourist. Litth
 
change had been effected in the more northern coast 
counties. 
In eastern Oregon t\VO ne\v counties \vere organizeJ 
-l\lorro\v county, nalned after Governor 110ITo,v, 
,vith the county seat at Heppner, and forined out of 
the south-\vest portion of U Inatilla; and \Vallo,Ya, 
15Dolph has been at some pains to prepare a bill for 
xpending 
12G:O
0.- 
000 in coast defences, according to the reconUnClltlatlOn of a COlDllll:SblOn 
appointed to report upon the subject.. It appropriates 

'j,OOJ,OOO for the 
defence of San Francisco harbor; 
2,519,OOO for the defence of the mouth of 
the Columbia; an,l i\.304,OOO to the harbor of San Diego. 
16George M. Miller, of Eugene, is the founder of Florence, although 
David Morse Jr of Empire City made an 'addition' to the town. Lot
 are 
worth frC)m $25 'to 830 and 
IOO.' The Florence Canning co. cmploys SO men 
with 40 boats besides 45 Chinese, The Lone Star Packing co. employ :32 
men, 16 boat;, and 33. Chinese. The Elmore 
acking co. employs.... 80 men, 
40 boats, and 65 ChInese. The three estabhshments put u},) 1, ,00 cabCS 
daily. 



758 


LATER EVENTS. 


county, formed out of a portion of Union, ,vith the 
county seat at J oseph. 17 Railroads \vere being rapidly 
constructed frolH all directions to\vard the luain lines 
to carry out the crops, ,vool, and stock of this division 
of the state. The ,vool clip of 1887, ,vhich ,va::; 
shipped to Portland, \vas 12,534,485 pounds, the 
greater portion of \vhich ,vas fronl eastern Oregon. 

rhe Inovement at Portland of \vheat and flour for 
1887 equalled the bulk of the wheat production of 
Oregon and eastern 'Vashington cOlubined. 18 LU1l1p- 
iug the receipts of 'Villalnette valley and eastern 
Oregon and 'Vashington \vhea.t, there ,vere received 
at Portland 3,927,458 centals, against 5,531,995 re- 
eeivcd in 1886; and 302,299 barrels of flour against 
354,277 for the latter year. Of this au)ount, 553,920 
centals of ,vheat, and 165,786 barrels of flour, ,vere 
froln the Willamette valley. A fleet of 73 ve
sels, 
registering 93,320 tons, ,vas loaded ,vith grain at 
Oregon \vharves. 
There has been a steady decline in saln10n canning 
on the Colul1)bia since 1883, faHing froIl1 630,000 
cases to 400,000 in 1887. This llJay reasonably be 
attributed to the over-fishing practised for several 
years consecutively. Nature does not provide 
against such greed, and it is douòtful if art can do 
it. The govern111ent, either state or general, should 
aSSUlne control of this industry by licensing a certain 
nU111ber of canneries, of given capacity, for a lin1ited 
period, and Í11)proving the hatcheries. Other\vise 
there is a prospect that the sahnon, like the buffalo, 
Inay becou1e extinct. 
Although Oregon built the first saw-ll1ills on the 
Pacific coast, and enjoyed for a fe\v years the 1110nOp- 
oIy of the IUlnber trade with California and tlle IIa- 


17 The name of Joseph is given in remembrance of the Nez Percé chief 
of that name, who formerly made his home in this valley, anù young Joseph, 
hi.3 son, who led his band in the war of 1877. The first conllnj
sioners of 
\Yallowa co. were Jame3 Mc)1.:astertoll an(l J. A. Runhed. The first oom- 
mi3sioners of 1\1orrow were \Villiam Douglas and A. Rood. 
18 A portion of the wheat crop of \Vashington was carried to Tacoma via. 
the Cascaùe branch in 1887. 



LU
IBER. 


739 


,vaiian islands, since the establishn1ent of the ilnmense 
IUlnbering and n1Ïl1ing properties on Puget sound, 
chiefly controlled by capital in San Francisco, it has 
been difficult to luarket Oregon lUlnber, except on 
sufferance frolIl the great lunlber firins. In 1885, 
ho,vever, the experilnent ,vas made of sending cargoes 
of lunlber to the eastern states direct by rail, ,vhich 
has resulted in a traùe of constantly increasing inl- 
portance, having gro,vll frolll 1,000,000 feet to 10,000,- 
000 feet 1110nthly. The Inarket is found everywhere 
along the line fronl Salt Lake to Chicago. Tl;e lease 
to the Union Pacific of the Oregon Railway and N av- 
igation COlllpany's lines ,vill facilitate this traffic. This 
trade belongs at present solely to Oregon, and is inde- 
pendent of the 100,000,000 feet exported annually to 
Pacific coast Jnarkets. 1I 


19 In many ways the improvement in local institutions might be noted. 
A fruit grower's association was formed, Dr J. R. Cardwell, president, 
which held its first annual meeting January 5, 1887. On the llth of the 
same month the Portland Produce Exchange was organized. The state 
hoard of immigration transferred its office to the Portlantl board of trade in 
Hept. 1887. A Gatling battery was added to the military organizations of 
Portland. On April 7, 1886, the Native Sons of Oregon organized. On the 
1 ïth of August, 1887, the corner stone of the new Agricultural college was 
laid at Corvallis, The state has done nothing to withdraw the Agricultural 
college from the influences of sectarianism. The Southern :Methodist State 
Agricultural college, as a local newspaper calls it, will not rise to the stand- 
ing which the people have a right to demand for it until it becomes, as con- 
gress intended, a part of the state university. A free kindergarten system 
wag inaugurated in Portland; and a \Voman's Exchange opened, which gave 
cheap homes to homeless women, with assistance in finding employment. 
The Teachers' National convention of 1888 at San Francisco showed the work 
of the Portland schools to be very nearly equal to the best in the United 
States, and superior to many of the eastern cities, Albany, since the incep- 
tion of the Oregon Pacific R. R., has gained several new business in8titutions. 
The railroad round-house and shops were located there. Among its manu- 
factories were extensive flouring mills, furniture factories, wire works, iron 
founùries, and a fruit packing establishment. An opera house was erected 
hya joint stock company, and a public school buil{ling costing 

O,OOO. 
The aggregate cost of new buildings in 1887 was 8IGO,OOO, with a popula- 
tion of 3,500. The electric light system has been introduced. The water 
power furnished hy the Alhany and Santiam 'Vater, ditch, or canal com- 
pany, with a capacity of 20,000 running feet per minute, invites industries 
of every kind depending upon geared machinery. 
Roseburg in Douglas county took a fresh impetus from the completion 
of the Oregon and California R. R. The county of Douglas, with a popu- 
lation of 11,000 anù a large area, shipped in the year ending August, 1887, 
2ö9 tons of wool, 5,073 tons of wheat, 4
ö tons of oats and other grains, 
288 tons of flour, 8 tons of green fruit, 61 tons of dried fruit. This heing 
done with no othcr outlet than via Portland, was an indication of what 
might be lookeù for on the opening of the country south of Roseburg. 



7ßO 


LATER EVENTS. 


The administration of Governor l\Ioody ,vas a fair 
and careful one, marked by no original abuses, 
although it failed to correct, as it was hoped it would 
have done, the s,valnp-Iand policy, by,vhich the state 
had been robbed of a handsome do,ver. The legisla- 
ture of 1878 had endeavored to correct the evil grow- 
ing out of the legislation of 1870, but Governor 
Thayer had so construed the new law as to render it 
of no effect in a111ending the aLuses conlplaineJ of ;20 
and Governor 
Ioody had not interfered ,vith the 
existing practices of the swamp-land board. Here, 
then, ,vas a real point of attack upon a past adlninis- 
tration, when a delTIOCratic governor ,vas elected in 
1886. 21 Governor Sylvester Pennoyer \\yas quite \\Till- 
ing, and also quite right to TIlake it, and doubtless 
enjoyed the electrifying effect of his message to con- 
gress, in which he presented a list of s\vanlp-land 
certificates aggregating 564,969 acres, on ,vhich 
$142,846 had been unlawfully paid, and suggested 
that ,vhile settlers should be protected in possession 
of a legal arnount legally purchased, the Illoney, 
,vhich under a " n1Ïsapprehension " had COllle into the 
treasury froln other persons, should be returned to 
thenl; and "the state domain parcelled out, as ,vas 
the intent and letter of the la\:v, to actual settlers in 
sInal! quantities." Further, the ne,v board of school- 
land COl111nissioners 22 prepared a bill, which elnbodieù 


20 I have already given an account of the manner in which the law of 
1870 was passed, and with what motive. The legi::;lature of 1878 had en- 
acted that all applications for the purchase of these bnds from the state 
which had not been regularly made, or being regularly made the 20 per 
cent required by law hatl not been paid before Jan. 17, 1879, should Le void 
and of no effect. But it appeared that the board, consisting of the governor, 
secretary and treasurer, had issued deeds and certificates to lands which had 
not becn formally approved to the state by the secretary of the interior, and 
to which, con:-.;equclltly, it had no show of title. It had issued deeds and 
certificatcs for amounts in excess of 320 acres-all that by law could he sold 
to one purchaser-selling unsurveyed and unmapped lands in bodies as large 
as 50,000, 60,000, or 133,000 acres, and otherwise encouraging land-grabbing. 
21 The secretary of state under Gov. l\loody was R. P. Earhart; and. the 
treasurer E(lward Hirsch. They constituted with the governor the board 
land commissioners. 
2"!The new hoard consisted of Governor Pennoyer, secretary of state, 
George 'V. :McBridc, and Eùward Hirsch, who had been treasurer through 



LAND :MATTERS. 


761 


. 
the views of the governor, and presented it to the 
leO"islature \vith a reCOlTIlnendation that it , ur sOlnethino- 
o 
 
very like it, should be enacted into a la\v. It declared 
void all certificates of sale Inade in defiance of the 
law of 1878, but provided that actual settlers on 320 
acres or less should be allo\ved to perfect title \vithout 
reclaiming the land, upon payment of the relnaining 
80 per cent before January 1, 1879. Upon the sur- 
render of void certificates the anlount paid thereon 
should be refunded; and a special tax of one lDill on 
a dollar of all taxable property in the state 8hould be 
levied, and the proceeds applied to the paYlnent of 
outstanding \varrants Illade payable by the act. Suit 
should be brought to set aside any deed issued by the 
board upon fraudulent representation. The reclalna- 
tion requirelnent of the la\v of 1870 was dispensed 
with, and any legal applicant \vho had cOlnplied with 
the provisions of that act, including the 20 per cent 
of the purchase price, prior to January 1879, should 
be entitled to a deed to not lTIOre than 640 acres, if 
paid for before 1889. All S\Valnp and overflo\ved 
lands reverting to the state under the provisions of 
the act should. be sold as provided by the act of 1878; 
but only to actual settlers, and not exceeding 320 
acres to one person Any settler \vho hall purchased 
froln the holder of a void certificate should be en- 
titled to receive the alnount of Inoney paid by hin} to 
the original holder, \vhich should be deducted froin 
the alnoun t repaid on the surrender of the illegal cer- 
tificate. Such an exalnple of justice had not sur- 
prised the people of Oregon since the days of its 
founders. According to the report of the board for 
1887 the school fund will save nearly, if lrot quite, a 
Inillion dollars by the rescue of these land
 frolH frauJ- 
ulent clailnants. 


several previou'i terms. McBride wac;; a repuhlican and had been i';peaker of 
the hou;;e in 1885. He wag the youn
er SOIl of Jame'i :\Ielll"ilic the 
pioneer, and hrother of .Jame3 
1cBride of \Vi
., John R, :\-1cBride of Uta.h, 
and Thom:1d .\leBride, attorney of the 4th jUllicial district of Or. An up. 
right and talented young ma.n. 



762 


LATER EVE:NTS. 


The legislature of 1887 proposed these amendments 
to the people, to be voted upon at a special election: 
First, a prohibitory liquor la \v; second, to allo,v the 
legislature to fix the salaries of state officers; third, 
to change the tilne of holding the general elections 
froln J fine to N ovelnber. All failed of adoption. J. 
H. l\Iitchell ,vas again chosen United States senator. 
The free trade issue in 1888 caused the state to 
return a large republican Inajority,23 and again gave to 
that party the choice of a United States senator to suc- 
ceed Dolph. Herlnan ,vas elected congresslnan for a 
third ternl. The financial conJition of the state was ex- 
cellent, the total bonded debt being less than $2,000, and 
outstanding ,varrants not exceeding $54,000. 
Thus \vas built up, within the memory of living 
Inen, a state complete in all its parts, "\vhere, when 
they entered the wilderness, the savage and the fur- 
hunter alone disturbed the awful solitudes. Who1n 
the savage then spared, king death ren1elnbered, beck- 
oning lnure and more frequen t]y as tin1e ,vent on to 
the busy toilers, "\vho in silence crossed over Jordan 
in ans\ver to the undeniable cOilllnand, and rested frotH 
their labors.: H 


23 The democrats elected only 25 out of the 90 members of the legislature. 
The republican majority wa3 about 7,000. 
2-1 I find in the archives of the Pioneer association for 1887 mention of the 
death of the following persons, mO.3t of whose name8 are recorded in the immI- 
grant li.::;ts of the fir3t vol. of my Hi8tJì'Y of OreJon: Capt. William Shaw 
(immigrant of 1844) died at Howell prairie, 20th January, 1887. Capt. 
Charle3 Holman (arrived 1852) died a.t Portland 3d J nly, ISS6; Prof. L. J. 
Powell (1847) (}ied at Seattle 17t
 August, 1887; David Powell (1847) died 
near Kt3t PortIawl 8th April, 1887; Peter Scholl (1847) died near Hillshoro' 
in Novemher, 1872; Mrs Lucinda Spencer, (18-17) daughter of Thomas and 
:Martha Cox, died :
Oth of March, 1888; 
irs Sarah Fairbanks King, (1852) 
who wa3 :\lrs George Olds when she came to Oregon, died 19th .January, 
ISS7; Solomon Howard Smith, of the Wyeth party of 1832, died 011 Cla,tsop 
l)lain
 in 1874, at the age of 65 years; he was born Decemher 26, 1809 at 
Lelnnon, N. H.; Alvin T, Smith (1840) died in 1887 at Forest Grove; he 
wa;; one of the independent missionaries, and was horn in Branford, Conn., 
Nov. 17, 1802, his first wife heing Ahigail Raymond, who died in 1855,- 
when he returned to Conn., and married :Miss Jane Averill of Branford, 
who survived him; :\1rs :Mary E, Frazer, neé Evan3, born in N ewhuryport, 

h,3S., Dec. 13, 1816, who married Thomas Frazer, and came to Orcgon in 
1853, dierl in Portland 21st April, ]884, 
In 18S6 there died of Oregon's pioneers the following: Jan. 21st, l\Irs 
Cla.ra B, Duniway Stearns, born in Oregon, wife of D. H. Stearns, and only 



BIOGRAPHICAL. 


763 


It is a pleasure to the historian, ,vho, by closely 
follo\ving the stream of events, has identified hitnself 
,vith the characters in his ,york, to observe ,vith 'v hat 
unfailing justice tirne n1akes all things e\Ten. At the 
annual rueeting of the Oregon Pioneer association at 
Portland, in 1887, 1\fatthe,v P. Deady, acting as 
speaker for the city, presented to the association a 
life-size portrait of John l\IcLoùghlin, ,vhich ,vas 
after\vard hung in the state capitol, ,. where," said the 
speaker, "you 111ay look at it and sho,v it to your 
children, and they to their chileren, and say: 'This 


daughter of l\irs Abigail Scott Duniway, at Portland; George F. Tréban 
Jan. 21
t at Portland; 1\lrs 1\'1. J. Saylor Jan 24th at :àlc:\linnville; Simeon 
Alber (1853) at 
IcMinnville Jan. 24; Frank He<lge3 at Oregon city :Feb. 
22tl; Samuel A. Moreland at Portland March 19th; 'V. 
lc:\lillan at East 
l'ortland April 26th; l\lr.3 J. A. Cornwall (1846) at Eugene l\lay 2<1; Elijah 
\Villiams a1ï Eac:;t Portland May 16th; James Johns, founder of the town of 
St Johns, :\lay 28th; Gen. John E. Ross at :East Portland June 14th; ,Yo \V. 
Huck (l8-!!) at Oregon city June 19; :\lrs James 1\1. Stott at East Portland 
June 26th; 
Irs Susan A, Tartar in Polk co. June 28th; l\Ir3 Sarah Yan- 
denyn in Lane co. June 28th; Captain Seth Pop
 in Columhia co. .July 23d; 
l\Ir
 :\Iary 
tevens Ellaworth (1852) at Cove, in Union co., July 24th; Rev. 
E. R. Geary at Eugene city Rept. 2d; 'V. H. Bennett (1845) at Rockford, 'V. 
T., Sept. 12th; Robert E. Pittock at UanOlBburg, Pa.. Sept 16th; Samuel 
1\1. 
1llith at Portland Oct. 2.")th; L. J. C. Duncan, Jackson co. Nov. 7th; 
'YhitiugG. \Vest (]846) Nûv. 8th; Jame3 Thovlpson at Salem Nov. 8th; 
Prof. Newell at Philometh college, Nov. 10th; :\Irs l\lary Olney Brown, 
at Olympia Nov. 17th; A. 'Yaltd at Portland Dec. 17th; Jacob Hoover 
(1844) at his home near Hillsboro', Dec. 19th. 
In 1887: Ex,-Gov. Addison C. Gibbs died in London, Eng., early in .Tan.; 
his funeral occurred July 9th at Portland; 
1rs D. 1\1. 
loas of Oregon city 
a pioueer of 1843, d. Jan. 23d; George \Y. Elmer, Portland, Jan. 2öth; 
lrs 
\V, T. Newl)y (]844), Jan, 28th; l\lrs A, N. King (1845), Ian. 30th; James 
Brown (1843), Feù. 8th, at 'Y oOll1mrn; H. 1'1. Humphrey (1832), near Port- 
la.wl, Feb. 3d; Mrs Ellen Daley, at East Portland, Feh. 3d; 
Ir.:; Col ,Yo L. 
\Yhite (1850), at Portla.nd, Feb. 20th; l\lrs 'Villiam 1\lason of 1\IonnlOuth, 
awl 
Irs ""'allace of Linn co., Feb. 21st; John G. Baker at 
Ic
linnvilIe, 
1\Iarch 4th; .Judge 'Yilliam Strong (1849), at Portland, April 16th; l\Irs 
James B. Stephens (1844), at East Portland, April 27th; Benjamin 
trang, 
at A
toria, :May 7th; N. D. Gilliam (1844), at l\IoUllt Tahor, 
Iay 13th; 
I. 
Tidd, in Yamhill co" l\iay 22d; Levi Knott, at Denver, Co!., l\Iay 29th; E. 
Rorton anll J, Schenerer, PortlalHl, June 7th; l\Irs Frances 0, Adams (18.
3), 
wife of \V, L. A(lams, June 23d; RolJert Pentland, at Scio, ,June 5th; Dr 
Cahannis, of l\lodoc war fame, at Astoria, July 22d; Dr R. B. \Vilson, at 
Portland, August 6th; Prof. L. J. Powell, long a teacher in Or., at 
eattle, 
Aug. 17th; Rev. E. R. Geary, Sept, 2, 188ß; Mrs J. H. 'Yilhur, at \\"aHa 
"'alla, Oct. 211; l\Irs Jo::;eph Imhire, at The Dalles, Oct. 23d; Rev. J. H. 
\Vilhur, at "
alla ""'alIa, Oct, 28th. 
On the 10th of Feh., 18R8, Dr 'V. H. 'Yatkins, at Portland; on the 23d 
of April died Hon. Jesse Applegate. Both these men were members of the 
convention which formed the state constitution. Thus the makcrs pass 
away, but their work remains. Rev. \Viliiam Roberts died July 2, 1888, at 
Dayton. 



764 


BIOGRAPHICAL. 


is the old doctor; the good doctor; Dr John Mc... 
Louo.hlin.'" And this sentin1ent was applauded by 

 d " 
the very men who had given the" good old octor 
lnany a heart-ache along in the forties. "But," con- 
cluded Judge Deady, " the political strife and religious 
bigotry \vhich cast a cloud over his latter days have 
passed away. and his memory and figure have risen 
fro111 the 111ist and smoke of controversy, 
nd he stands 
out to-day in bold relief, as the first IHan in the history 
of this country- the pioneer of pioneers! " 


I cannot close this volume without brief biographies of the following men: 
Henry Winslow Corbett, a native of \Vestborough, .Massachusetts, where 
he wag born on the 18th of February, 1527, is of English descent, his ance.:)- 
try being traced back to the days of 'Villiam the Conqueror, when the name 
of Roger Corbett is found among the list of those who won fame an(l posses- 
sions as a military leader. The youngest of eight children, after receiving a 
public school and academy education, he began life in the dry goods busíne.:)s 
in New York city, proceeding thence in 1851 to Portland, where he was ex- 
tremely successful in his ventures, being now the oldest mercha
t in Port- 
land, and perhaps in Oregon. He is, moreover, largely interested in banking, 
being connected with the First National bank almost from its inception, and 
now its vice-president. He was also appointed president of the board of 
trade, of the boys' and girls' aid society, and other charitable associations, 
and of a company organized to complete a grand hotel, to be second only in 
size to the Palace hotel in San Francisco. On the formation of the republi- 
can party in Oregon, Corbett became one of its leaders. He was chosen 
delegate to the Chicago convention of 1860, and in 1866 was elected to the 
United States senate, where he won repute by his practical knowledge of 
financial affairs, his able arguments on the resumption of specie payments, 
and the funding of the national debt, and his resolute opposition to all meas- 
ures that savored of bad faith or repudiation. As a statesman he is notell 
for his boldness, eloquence, and integrity of purpose; as a business man for 
his ability and enterprise; and as a citizen for his many deeds of charity. 
In 1853 he was married to NliRs Caroline E. Jagger, who died twelve years 
later, leaving two sons, of whom only the elder, Henry J. Corbett, survives, 
The latter has alreaùy made his mark in life, following in the footsteps of 
his father, to whom he will prove a most worthy succe.:)sor. 
William S. Ladd was a native of Vermont, born October 10, 1826, edu- 
cated in New Hampshire, working on the farm winters. He came to Ore- 
gon in 1851, and engaged in the mercantile business, later becoming a 
banker. He accummulated a large fortune, and has ever be
n one of Ore- 
gon's foremo::;t men. His benefactions have been many and liberal, one 
tenth of his income being devoted to charity. He has assisted both in the 
city of Portland, where he resides, and throughout the whole north-west, ill 
building churches and schools. He endowed a chair of practical theology 
in San Francisco in 1886 with :)50,000. He has given several scholarships to 
the 'Villamette university, and a.:)sisted many young men to start in business, 
In 18.34 he married Caroline A. Elliott of New Hampshire, who bore him 
seven children, five of whom were living in 1888, 'Villiam 
I., Charles E., 
Helen K., Caroline A., ana Jolin \V. Lalld. The eldest son, 'Villi am ::\1. 
Ladd, is in every respect the worthy son of his father. 
C. H. Lewis wa.:) born Decemher 22, 1826, at Cranbury, New Jersey, 
where he attended school, working sometimes 011 a farm. Iu 1846 he entered 



BIOGRAPHICAL. 


765 


a store in New York city, where he became proficient in mercantile affairs, 
and in 1851 came to Portland, where he engaged in bu
iness, the house of 
Allen and Lewis rising into foremost prominence. 1Irs Lewis, the daughter 
of John H. Couch, IS the mother of eleven children, all born in l'ortland. 

lr Lewis attends closely to his business, and no man ill the conmumity 
stands in higher esteem. 
Henry Failing was born in New Y or k on the 17th of J an uary, 1834. 
After a good grammar-school education, he entered a mercantile house, 
where he acquired proficiency in first-class business routine. Arriving in 
Oregon in 1851, he engaged in business, first in connection with his father, 
Josiah Failing, and later with H. 'V. Corbett. The firm rose to prominence, 
being the largest hardware dealers in the north-west. Failing and Corbett 
in 1869 took control of the First National Bank, the former being made 
lwesident. ::\Ir Failing has always been a prominent citizen, a friend of edu- 
cation, and three times mayor. In 1858 he married Emily P. Corbett, sister 
of Senator Corbett. Twelve years later 11rs ]'ailing died of consumption, 
leaving three charming daughters. 
Ir :Failing is a citizen of whom Oregon 
may well be proud. 
\Y orthy of mention among the lawyers and statesmen of Oregon is 
Joseph Simon, of the well known Portland law firm of Dolph, Bellmger, 

lallory, an(l Simon, A German by hirth, and of Jewish parentage, he 
came to Portland when six years of age, and at thirteen had completed his 
education, so far, at least, as his school-days were concerned. After assist- 
ing hi::; father for several years in the management of his store, he studied 
law, and in 1872 was admitted to practice, soon winning his way by dint of 
ahility and hard work to the foremost rank in his profession. In 1878 he 
was appointed secretary of the republican state central committee, of which 
in 18ðO, and again in 1884 and 1886, he was appointed chairman, and in the 
two fir8t years, and also in 1888, was elected to the state senate. \Yhile a 
memher of that body he introduced and succeeded in passing many useful 
measures, among them being a bill authorizing a paid fire departmer.t, a 
mechanics' lien law, a registration law, and one placing the control of tl1e 
police system in the hands of a board of commissioners. 
Royal K. \Varren was born in Steuben co., N. Y., in 1840, and educated in 
that state, coming to Oregon in 1863. He entered upon teaching as aprûfes- 
sion in Clatsop co., whence he removed to Portland in 18ô.3, teaching in the 
Harrison st grammar school unti] 1871, when he was called to the presidency 
of the Alhany college, which position he retained nine years. He then re- 
turned to Portland, where he was principal of the North school for one 

'ear, from which he was removed to the high school. 
J, 'V. Brazee, born in Schoharie co., N. Y., in 1827, wac; educated for a 
civil engineer and òraughtsman, and also learned the trades of carpentry 
and masonry. Thus equipped, he came to Cal. in 18.30 in a sailing vessel. 
He worked at his trades, and among other buildings, erected the episcopal 
church on Powell street. He also engaged in mining and other industries, 
aml removed to Or. in 1858. Here his engineering knowledge was called 
into use, and he located the trail between Fort Vancouver, ,Yo T., and Fort 
Simcoe, east of the Cascades, notwithstanding that McClellan had reported 
that a pack-trail between these points was impracticahle. The work was 
accomplished in 30 days at a cost of 
4,OOO, and the trail immediately used 
for transporting government freight between these posts. His next work 
was that of constructing a railroad portage around the cascades of the 
Columbia on the Oregon side for J. S, Ruckle, the first railroaù built ill Ore- 
gon, and completed in 1862, when the locomotive pony was put upon the 
track, and run bv Theo. A. Goffe. The steamboats Irla/to and Oar1'ie 
Ladd were built by'him in 18.39 and 1860; and in 18ß2 took charge of the 
construction of the railroad portage on the "\Vashington side, being also 
placed in charge of the Dalles anù Celilo railroad the following year; these 
roads remaining under his superintendence until 1879, when the O. S. N. 
company transferred them to Villard. He located the O. C. R. H. (west 



766 


BIOGRAPHICAL. 


side) for 20 miles, in 1868; located and surveyed the Locks at Oregon City, 
and estimated the cost of construction more nearly than anyone ebe. In 

larch 1881 he organizQd the Oregon Boot, Shoe, and Leather company, 
which received the gold medal for superior work at the Portland :Mechanics' 
fair; and was one of the organizers and directors of the Portland Saving3 
Bank of which he was for several years vice-president. 
lr Brazee resided 
in Skamania co., Washington, during all these busy years, and represented 
his district in the territnriallegislature from 1864 to 1875, being at the same 
time school superintendent. 
JolIn 'Vilson, bOl'n in Ireland in 1826, came to Oregon from California 
in the winter of 1849 on the bark Ann Smith, George H. Flanders, master. 
His first work in this state was in a saw-mill at the now abandoned site of 

lilton on Scappoose bay, near St Helen, where he earned 84 per day and 
board. He remained here until the spring of 1831, when, not heing well, 
he went to the Tnalatin plains for a sea,3on, where he recovered and re- 
turned to .Milton, living there and at St Helen until 183
{, when he settled 
ill Portland in the employ of Thos H. Dwyer of the Ore!Jonian as book-keeper 
and collector. A year later he entered the employ of Allen and Lewis, 
wholesale merchants, where he had an experience worth relating. He had 
been suffering much from ague and fever for two years. The first day's 
work with Allen and Lewis was very severe for a sick man, handling heavy 
freight, which was being unloaded from a ship, coffee-bags weighing 230 Ibs., 
etc.; but the copious perspiration which resulted from his exertions carried off 
the ague, which never afterward returned. In 1836 he purchased a general 
merchandise business on Front street, and took partners. In 1858 the firm 
erected the first store (a brick one) on First street. After several changes, 
he was finally established, 1870, alone in a store erected by himself on 
Third street, between J\lorrison and 'Vashington. In 1872 he built two 
more stores on that street, moving into one of them, where he remained 
until 1878. In 1880 he was elected school director of dist No.1., which posi- 
tion he still fills. His policy in school matters has been liberal and elevat- 
ing. After retiring frum business he began to indulge a taste for literature 
and hooks, making himself the owner of a large collection of valuable 
anlI rare publications. 
:l\Iartin Strong Burrell was born in Sheffield, Ohio, in 1834, where he re- 
sided until 1836, when he came to Cal. in search of health, wintering in the 
Santa Cruz mountains. In 
larch 1857 he joined Knapp & Co., agricultural 
implement dealers, becoming associated with them in business, and remain. 
ing in Portland to the time of his death, which occnrred about ISS3. His 
wife was Rosa Frazier, a native of 
lass. J\lr Burrell was an excellent citi. 
zen, and the family all exemplary one. 



A 


INDEX. 


Abbott, G. H., Indians massacred by, 
1854, ii. 330; Ind. war, 1856, ii. 
405; Ind. agent, 1860, Ïi. 466, 477- 
8. 
Abernethy, G., trustee of Or. Insti- 
tute, 1842, i. 202; petition to congo 
i. 207-11; resolution of, 1842, i. 
297; gov. of Or., 1845, i. 471-2; 
message3 of, 1845, i. 488, 528-31, 
536-8; 1847, i. 669-70; 1849, Ïi. 60; 
letter to :l\IcLoughlin, i. 491; inter- 
course with Howison, 1846, i. 586- 
7; reëlected, 1847, i, 612; character, 
i. 612-13; proclamation of, 1847, i. 
680; correspond. with Douglas, i. 
681-2; with Ogden, i. 687-8; ad- 
ministr" i. 782-3. 
Abiqua creek, battle of, 1848, i. 747- 
9. 
Accolti, Father 
I., arrival in Or. 
1844, i. 325; in charge of mission, 
i. 
27; correspond. with Lee, 1848, 
i. 743-4; biog., i. 744. 
Adair, J. , collector, 1848, i. 777; ii. 
J04. 
Adams, E., biog., i. 634. 
Adams, S, C., mention of, ii. 684. 
Adams, T., mention of, i. 169-70; 
ora tory of, 226-7. 
Adams, 'V. L., biog., etc., of, ii. 170; 
collector, 1861, Ïi. 438. 
Adams, Point, reservation at, 1849, 
ii. 86; fortified, 1861-2, ii. 511. 
Agricultural college, establd, etc., 
1868, ii. 660-1. 
Aiken, J., mention of, ii. 743. 
Aikin, H. L., biog., i. 634. 
Ainsworth, J. C., master of )1ultno- 
mah lodge, 1848, ii. 31; steamboat- 
ing. 4S0-1; biog. 487 
Alabama, petition from, 1843, i. 382. 
Albany, condition, etc., of, 1848, ii. 
5-6, 716; hosiery-mill at, ii. 732-3; 
flax-mill, ii. 737. 


Albany academy, mention of, ii. 682. 
Albany collegiate institute, Ïi. 682. 
Albina, improvements, etc., at, ii. 752. 
'Albion,' ship, case of the, 1849-50, ii. 
104-6, 110. 
Alcorn, Capt. 
I. F., the Ind. war, 
1835, ii. 386-8. 
Alden, Capt., the Rogue river war, 
1853-4, ii. 313-16. 
Alderman, A., altercation with 11c. 
Loughlin, 1844, i. 4,)9-60. 
Allen, B, 8., Ind. commissioner, 1851, 
ii. 208. 
Allen, J., mention of, i. 509. 
Allen, S., mention of, i. 633. 
Allen, congressman, resolutions of, 
1844, i. 383-6. 
Allis, S., mention of, i. 104-5. 
Allphin, 'V., biog., i. 635. 
Alton, meeting at, 1843, i. 382. 
Alvord, Gen., correspond. with wool, 
ii. 344; exped. ordered by, 1862, ii. 
493; requisite of, 1864, ii. 497. 
Alza te, A., name of Oregon, i. 23-4. 
'Amazon,' brig, voyage of, 1851, ii. 
258. 
Ambrose, G. H" Ind. agent, 1854, ii. 
360, 371-2. 
'America,' H. 
I. S., visit of, 184.3, i. 
497 -9. 
American board (missionary), opera- 
tions, etc., of, i. 10-1-5, 127, 343-4; 
ii. 293. 
American Fur company, dissolution 
of, i. 241. 
American river, Oregon miners at, 
1849, ii. 46. 
Americans at Fort Vancouver, i. 43- 
5; proviso govt estaLl'd by, 1843-9, 
i. 293-
14, 470-507, 526-41, 600-23; 
ii. 58-63. 
Americans, party, descript. of, iÏ. 
337-8. 
Anderson, A. C., biog., etc., of, i. 39. 
An<lerson, E. C., ministry of, ii. 683. 
Anderson, Dr, mention of, i. 178. 
( 767 ) 



768 


Andrews, :Major G. P., exped. of, 
1860, ii. 467. 
Angell, M., biog., etc., of, ii. 243. 
'Anita,' U. S. transport, visit of, 
1848, i. 745; 1849, ii. 84. 
Ankeny, A. P. & Co., mention of, ii. 
741. 
Antelope valley, Ind. raid on, 1864, 
ii.50!. 
Applegate, C., journey to Or., etc., 
1843, i. 393, 408, 413; settles in 
Umpqua valley, 1849, i. 569. 
Applegate, E., death of, 1843, i. 408. 
Applegate, E. L., ability, etc., of, ii. 
431; commissioner of immigr., 1873, 
ii. 595. 
Applegate, I. D., commissary, etc., 
1870, ii. 563, 566-9, 572-7. 
Applegate, J., journey to Or., etc., 
1843, i. 393, 396, 407-8, 412; man- 
uscript of, i. 406, 410-11; accident 
to, i. 41o-11; surveying engineer, 
1844, i. 440; comments of, i. 444, 
462-3; legislator, 1845, i. 473; 1849, 
ii. 59-62; measures, etc., of, i. 473- 
506, 533; exped. of, 1846, i. 544
59; 
1847, i. 679; 1850, ii. 178-80; set- 
tles at Y oncalla, 1849, i. 568-9; the 
Cayuse outbreak, i. 670-3; Ind. 
agent, 1870, ii. 564; peace com., 
1873, ii. 596, 601-3; candidate for 
sen., 1876, ii. 673; death of, ii. 763. 
Applegate, L., journey to Or., etc., 
1843, i. 393, 408, 413; exped. of, 
1846, i. 544-59; 1861, ii. 489-90; 
settles at Ashland, 1849, i. 569-70. 
Applegate, O. C" the lVlolloc war, 
1864-73, ii. 577-8,583, 586, 589--91. 
Applegate creek, Ina. fights at, 1856, 
ii. 388-9. 
'Argus,' newspaper, estahl'd 1855, Ïi. 
336; attitude of, ii, 357-9. 
Armstrong, P., mention of, i. 247. 
Ash Hollow, massacre at, i. 136. 
Ashhurton, Lord, treaty of, 1842, 1. 
380-1. 
Ashill, P., biog., i. 468. 
Ashland, L. Applegate settles at, 
1846, i. 569-70; woollen mill at, ii. 
733. 
Assumption, mission founded, i. 327; 
Astoria, missionaries at, 1840, i. 185; 
mail to, 1847, i. 614; condition of, 
1848, ii. 6, } I; Hill's command at, 
1849, ii. ü9-70: Hathaway at, 1850, 
ii. 88; inaccessibility of, ii. 189; 
hist. of, ii. 708, 720. 
Atchison, congressman, bills introd. 
by, 1844, i. 384-8. 


INDEX. 


Athey, mention of, i. 413-14; 'Work. 
shops' :MS" 414. 
Atkinson, Rev. G. H., arrival in Or., 
1848, ii. 33; biog., ii. 33-4; college 
establ'd by, ii. 33-5; njssionary 
labors, etc., of, ii. 679-80. 
Atkinson, G, L., mention of, ii. 356. 
Atwell, H. 'V., petition of, 1873, ii. 
634. 
Atwell, R. H., mention of, ii. 600. 
Aubrey, T. N., biog., i. 627. 
Augur, Capt., the Ind. war, 1856, ii. 
401, 407-9. 
Aurora, founding, etc., of, 1855, ii. 
717. 
Avery, J. C., member of legis!., 1849, 
ii. 59; bing., ii. 143-4. 
Avery, T. 'V., biog., i. 752. 


B 


Babcock, Dr I. L., missionary labors, 
etc., of, i. 177, 190, 198-202, 218- 
21; supreme judge, 1841-3, i. 294. 
Bache, A. D., survey, etc., of, 1850, 
ii. 190, 248. 
Backus, Lieut, the Ind. war, 1866, ii. 
516-17. 
Bacon, J. M., biog., etc., of, i. 509. 
Bagby, Senator, the Or. bill, 1848, i. 
764-5. 
Bailey, C., mention of, ii. 381. 
Bailey, H., killed by Indians, 1855, ii. 
381. 
Bailey, Capt. J., the Indian war, 1855, 
ii. 381--2, 387. 
Bailey, 'V. J., arrival in Or., 1835, i. 
96; chairman of comm., i. 294; 
proviso govt 1844, i. 427-30; candi- 
date for gov. 1845, i. 471-2; member 
of convention, 1846, i. 693-4; of 
legis!., 1849, ii. 59. 
Baillie, Capt. T., mention of, i. 447; 
letter to :McLoughlin, 1845, i. 497; 
at Vancouver, 1846, i. 576. 
Baker city, hist. of, ii. 706; mines 
near, ii. 739-40. 
Baker city academy, mention of, ii. 
687. 
Baker, 001, the Ind. war, 1866, li. 
5H), 523. 
Baker county, organized, etc., 1862, 
Ïi. 485; hist. of, ii. 706. 
Baker, E. D.. biog., etc., of, Ïi. 450; 
senator, 18GO, ii. 453-4; death of, 
1861, ii. 457. 
Baker, J., mention of, i. 570. 
Baker, Mrs, biog., i. 570. 
Ball, J., biog., i. 75. 
Ballenden, J., mention of, ii. 277. 



Bangs, Dr, mention of, i. 178. 
Baptists, operations of the, ii. 6
3-4. 
Barber & Thorpe, mention of, ii. 338. 
Barclay, Dr F., biog" 39-40. 
Barker, 'V. S., mention of, i, 633. 
Barkwell, 1\1. C., sec. of constit. 
convention, 1837, ii. 423. 
Barlow, J., biog. of, i. 527. 
Barlow, R. R., mention of, i. 509; 
journey to Or., 1845, i. 517-21; 
road charter, etc" of, i. 532. 
Barnahy, J., member of convention, 
1846, i. 603. 
Barnes, G. A., Liog., i. 752. 
Barnes, 'Oregon & California,' :MS., 
ii. 115. 
Barnum, E. )1., adjutant-gen.. 1854, 
ii. 323; the Ind. war, 1835, ii. 384- 
7; nominee for gov., 1857, Ïi. 430. 
Barry, Capt" exped. of, 1864, ii.499- 
500. 
Bartlett, Lieut 'V"
 survey, etc., of, 
1830, ii. 190-2. 
Baum, J., hiog., i, 629. 
Baylies, congressman, member of 
comm., 1821, i. 351; 1823, i. 360; 
speeches of, i. 353-8. 
Beagle, journey to Or., 1843, i. 407. 
Beale, Lieut 'Y. K" the Rogue river 
war, 1833-4, ii. 313. 
Beall, T. F., biog., ii. 712-13. 
Bean, J. R., biog., i. 527-8. 
Beaver, Rev. H , at Fort Vancouver, 
1836-8, i. [j0-3. 
Bea'
er, l\1rs J., at Fort Vancouver, 
1836-8, i. 50-2. 
Beaver, ship, seizure, etc" of the, 
1830, ii. 107-8. 
C Beaver,' steamer, arrival on the Co- 
lumbia, i, 12:1 
Beers, A., character, etc., of, i. 135, 
161-2; trustee of Or. institute, 1841, 
i. 202; member of comm., 1842, i. 
304-5, 312. 
Beeson, J., writings, etc., of, ii. 404. 
Beirne, Lieut-col, the Ind. war, 18ôô, 
ii. 525. 
Belcher, Sir E., exped., etc., of, i. 
232-3. 
Belden, G. H., survey, etc., of, ii. 
696-8. 
Belknap, 
lrs J., biog., i. 753. 
Bell, G. 'V., audiLr, 1846, i. 606. 
Bellinger, .T. H., Liog., i. 628. 
Bennett, Capt. C., mention of, i. 578, 
Bent fort, descript. of, i. 227-8; 'Vhit- 
man at, 1843, i. 343. 
Benton county, establ'd, etc., 1847, 
ii. 10; hist. of, ii. 706-7. 
Benton, Rev. S., mention of, i. 174. 
û.R. II. 43. 


INDEX. 


769 


Benton, T. H., resolution, etc., of, in 
sen" 1823, i. 363-5, 370; the boun- 
dary quest., 1846, i. 590, 59ß; letter 
to Shively, 1847, i. 616-17; memo- 
rial presented by, i. 736; the Or. 
bill, 1848, i. 761-3, 769-70. 
Bernard, Capt. R. F., the Ind. war, 
1866, ii. 523-5; the l\Iodoc war, 
1864--73, ii. 581-96, 616. 
Bernia, F., member of convention, 
1846, i. 693. 
Berrien, Senator, the Or. bill, 1848, i. 
763-4. 
Berry, 'Y., biog., i. 530; the Cayuse 
war, i. 671, 703. 
Bethel academy, mention of, ii. 686. 
Bewley, 1. "T., biog" i. 634. 
Bewley, l\Iiss, sickness of, i. 658; ab- 
duction of, 1847, i. 663. 
Biddle, Col, reconnaisance, etc., of, 
1873, ii. 605. 
Bigelow, D. R., commissioner, 1850, 
ii. 150. 
Bigelow, 'V. D., mention of, ii. 292; 
settles at The Dalles, 1853, ii. 724. 
Billique, P., constable, 1841, i. 294. 
Birnie, J., mention of, i. 100. 
Bishop, ,Yo R., mention of, ii. 683. 
Bissonette, meeting with 'Vhite's ex. 
ped., 1842, i. 258-9. 
Bitter Root river, mission on the, 
18.!}, i. 324. 
Black Rock, name, i. 550-1. 
Black, S., mention of, i. 36. 
Blain, 'V., chaplain of legis!., 1849, 
ii. 60; puhlic printer, 1849, ii. 79. 
Blair, 
Irs E. B., hiog. of, i. 628. 
Blair, T. 0., biog. of, ii. 7]5, 
Blair, with Farnham's exped., 1839, 
i. 227 -9. 
Blakeley, Capt., the Ind. war, 1856, 
ii. 403, 
Blanchet, Rev. F. N., in charge of 
Or. mission, 1838, i. 316-25; 'His- 
torical Sketches,' i. 320; archbishop, 
1843, i. 326; vicariate of, i, 327. 
Blanchet, A. M. A" hishop of 'Valla. 
'Valla, 1847, i. 327, ü54; the Cayuse 
outbreak, 1847, i. 691-7. 
Bledsoe, Capt. R., the Ind. war, 1856, 
ii. 403. 
Blue Cloak, chief, castigation of, i. 
330-1. 
Blue mountains, emigrants cross, 1843, 
i. 402. 
Blunt, Lieut S. F., commissioner, 
1848. ii. 248. 
Boddy, 'V., murder of, 1872, ii. 576- 
Boggs, Ex-gov., gold discov. disclosed 
by, 1848, ii. 43. 



770 


INDEX, 


Bogus, H., with Applegate's exped., Briceland, Lieut T. N., mention of, ii. 
1846, i. 551-2. 248, 
Bohemia district, mines in the, ii. Bridger, Capt., mention of, i. 108. 
742. Bridger, meeting with 'Yhite's exped. 
Boisé, Fort, mention of, i. 14; Farn- 1842, i. 259-60. 
ham's exped. at, 1839, i. 22
); emi- Bridger, Fort, emigrants at, 1846, i. 
grant
 at, 1843, i. 40]; road pro- 556. 
jected to, i. 
:31-::
; ii. 436, 476; Bridges, J. C., constable, 1842, i. 304. 
ahand
nerl, 18
)?,. 11. 1l2; m
.ssa
re I Brigade, annual, arrival of, i. 46. 
near,
 11. :
43; nllht. post at, n, 4,
, Briggs, A., biog. of, i. 630. 
4!)4-6; Gen. HaUcck at, 1866, 11. Bright, Senator, the Or. bill, 1848, I. 
5
6. 761-2. 
Boi
é, 
. 
., ment
on 
f, i
 151-:2; Brl'3tow, E., Liog., i. 569. 
commtssIone:, 

..>O, 11. .1;)O
 diSt Bristow, 'V. ,y" biog., i. 752. 
a


rn.
y, ]8;)1, n. 1
8; (list ]
Hlg.
, Bromley, I. "'V. 
., m.
lltiol! of, i. 777. 
I
,)J, n. 

I; ac;;soc. 
u
ge, 18;)8, 11. Brooks, S. E., LlOg., n. 72..>. 
442; decIsIOn of, 
86,3, 11. 
42. . Brooks, Q. A., Liog., i. 786. 
Bollluc, Rev, J. B. Z., mentI
n of, 1. Brotherton, 
Irs, bravery of, ii. 576, 
:
:?2; 
ead 
f college, 1844, I. 32..>-
. Brouillet, J. B. A., vicar-gen. of 
BonnevIlle. Lleut-col, command of, n. 'Valla 'Valla i, 327-8. arrival in 
243; requisitions on, etc., 1833-4, Or. 1847, i. 634-6; th
 'Yhitman 
ii. :-n3, 343. massacre i. 661-5. 'Authentic 
:-.. b . . 637 " 
Bonser, 8., 109., I. . Accounts' i. 667. 
Bonté, L. la, biog. of, i. 74, 78. _ .. Brown, H, L., Liog., i. 570. 
BOO
l, J. 8 J?.:' 

r 4 r. 3I tre l :1:surer.,. 1 ] 8 6 ;) 8 1, n. Brown, J. H., Autobiography, 
IS., 
I G8; I ">".n. '.; _.:lOg., 11.. i. 646. 
Boon
, A., hlOg:, 1. ;)I
-I; member of Brown, 0., hiog., i, 422; with'Vhite's 
legIs!., 18.16, I, 604--6. .. r;:- expe(l. 1845, i. 484, 
Boone,. J. L.,. career of,. 11:. 4;)
. Brown. S., mention of, i. 74-5. 
Boollnlle, raId on, 186b, 11. 5
2. B T 1\1 T 
1 . y I' 0 
B(
<?t1 5 1' S 
+o 5 v
' 8 the l\Iodoc war, 1864-73, rf


: ii. r
2; .biog:, 
f.rI
t 

arit
 
n. -, o. f .. 33 4 
Boston Charley, the Modoc war, ii. 0 , 11. . - , 
()OÜ -10; kills 
.homas, 1873, 
i. 612; Brf


fi

di6r' F., representative, 
surreu(lcr of, 11. 629; executIOn of, B ,J, I
 l . l . . t d t 18 - 4 
.. 1: 3 1! ro wnsv 1 e, Incorpora e , e c., J, 
11. u. u. .. 716 
Boul(ler creek, Ind. fight at, 1866, ii. B n. J . t . f" 3 16 
52:? - rnce, " men IOn 0 , 11.. . 
Bourne, J., hiog" i, 784-5. Br
ce, Major, the Ind. wars, 1855-6, 
Boutellc, Lient, the 
Iodoc war. 1864- ll. 381-
, 386-9, 400. 
73 Ïi. 574-5. Bruneau rIver, l\larshall's exped. to 
Bow
n, Lieut, the Ind. war, 1866, ii. the, 1866, ii. 520; camp on, Ïi. fi:?2. 
514. Brunt, G. J. Van, commissioncr, 
Boyle, Lieut'V. H., the 
Iodoc war, 1818, ii. 248. _.. 
ii. :>S
; attempted murder of, 187:
, Brush, adventure of, 18::.>1, n. 199. 
ii. 612-13. Bryant, 'V. C., name given by, to Or., 
Bozart.h, 1\1rs A. 1\1. L" biog., i. 635. i. 21-2. 
Bozarth, O. 'Y., hiog., i. 527. Bryant, 'V. p" chief-justice, 18JS, i. 
Brattain, T. J., hiog., ii, 715. 777; dist of, 1849, ii. 70; measurC-3, 
Brazee, 
T. 'Y., Liog. of, ii. 765-6. etc., ii, 80; neglect of duty, ii. ]01- 
Brcekcnrirlge, in cong., 1822, i. 358-9. 2, 13:5; bribery of, ii. 122. 
Brcc(ling, "T, P., hiog., i. 571. Buchanan, Col, the Ind. war, 18,")6, 
Brec"e, 
enator, IJill introd. by, 1848, ii. 389, 396, 404-7; at Crescent 
i. 771. City, ii, 401. 
Brcmer, Van, the 
lodoc war, 1864- Buchanan, Secretary, the N. 'V. 
73, ii. 578-86, Bounrlary treaty, 1846, i. 591; 
Brewcr, H. B., land-claim of, 1848, ii. corresponl1. on Or. matters, 1847, i. 
6. 616; with H. B. Co., ii. 109; de- 
Brcwer, H. D., mention of, i. 177, clines purchase of H. B. Co's prop- 
I
O, 221, 273. erty, 1848, i. 774-5. 



IXDEX. 


771 


Buck, H., sergeant-at-arms, 18;)0, ii' l . Caldwell, S. A., hiog" i. 785. 
143. California, migration to, 184:3, i. 393, 
Buck, ,Yo 'V., hiog" etc., of, i. 50!); 400; IS-U, i. 4ß;); 1845, i. 510-11; 
commissioner, 1849, ii. 79; prest of I 18:16, i. 33:!-Î; effect of gol(l discO\T., 
council, 1830,ii. 142; husine:::;s ven- 1848-9, ii. 42-6;): specific contract 
t1nes of, ii. 7

, 73G. law, 18G:3, ii. 642-3; traùe with, 
Budd Iulet, settlement on, 1844, i. ii. 744-3. 
4G4. ' California, ' steamer, at Astoria, 
Buell, E., hiog., i. 627-8. 1850, ii. 188. 
Buforll, J., mention of, ii. 371. Calhoun, Secretary, negotiations of, 
Bunton, Capt. E., mention of, i. 44ft 1844, i. 386-7; the Or. bill, 1848, i. 
Buoy, Capt., the Ind. war, 18.36, ii. 7G4, 7G9. 
3
)0. Cama:
pelo, Chief, interview with 
Burch, B. F., biog., i. 544. Blanchet, etc., 1847, i. ß91; speech 
Burgess, Capt. J. C., the .Modoc war, of, i. 720. 
18ß4-73, ii. 626. Camphell, H., mention of, i. 2:!2. 
Burkhardt, L. C., hiog., i. G35. t'amphell, .1., Liog., i. 370. 
Burnett, n. 'Y., biog., i. 571. Campbell, .J. C., quarrel with Holder- 
Burnett, P. H., journey to Or., etc., ness, 184,3, i. 492. 
1843, i. 3
):
-6, 403-7, 416; journal Campbell, J. G., member of Or. Ex- 
of, i. 40G, 412; proviso govt, etc" change Co., 1849, ii. 54. 
18-:14, i. 427-32, 437; supreme Camphell, R., mention of, i. 7;). 
jUllge, 18-:15, i. 496, 535; assoc. Campbell, T. F" mention of, ii. 687. 
jlHIge, 184.3-8, i. 777; liquor law of, Camphellites, sect, ii. 686. 
i. 3:
6; oration of, 1845, i. 383, Campo, C., magistrate, 1842, i. 304. 
Burns, H., magistrate, 1842, i. 304; Canadiall'3 in Or. 18:
4, i. 1.3-17, 64, 
rights granted to, 1844, i. 440; 313; witllllraw from prO\"is. gm"t, 
llwml,er of convention, 1846, i. ü!J3; 1841, i. 2U5-9; missionaries among, 
mail contract, ii. 30. i, 317-22; join Amer. party, i. 
Bm'ut River Cañon, emigrants on, 471; raise Amer, flag, 1847, i. 610. 
1843, i. 401. Canhy, Gen. E, R. S., super
edes 
Burrell, 1\1. S., ii. 719; biog., ii. 766. Crook, 1870, ii. 3Gl; the Modoc 
Burris, 'Y., judge, 1845, i. 496. war, 18GJ-73, ii. 5GG-G09; confer- 
Burton, Capt. (}. H., the :Modoc war, ence with 
Ioaocs, ii. 609-1]; mur- 
18G4-73, ii. 582, 588-91, 6lG. der of, IR73, ii. ß12; honors paid 
Burton, J. J., mention of, i. 527. to, ii. GI3-14; Liog., 614. 
Bush, A., clerk of assemhly, 1830, ii. Canhy, }
ort, name, ii. 511. 
14
; terr. and state printer, ii, 14,), Canemah, destroyed by flood, 1862, 
IG8, 431. ii. 48:l 
Bush, G. 'V., mention of, i. 4.64, C'anemalt, location, etc., of, ii. 6. 
Bntler, Senator, the Oregon bill, 1848, Canfield, ,Yo D., hiog., i. 6G2; escape 
i, 7G9. from lndians, 1847, i, Gü3-5. 
Butte Creek, Indians massacred at, Cannon, 'V., biog., i. 74. 
IS33, ii. 372. Cañon city, founding, etc., of, 1862, 
Butteville, location of, ii. 6; name, ii. 712. 
etc., ii. 716. Cape Horn, emigrants at, 1843, i. 411. 
e Capliuger, with I>ahuer's expedition, 
1843, i. .3
 J. 
of, 613, Caravan, chief trader's descrip. of, i. 
47. 
Cardwell, Dr J. R., mention of, ii. 759. 
Carllwell, .T. A., hiog., etc., of; ii, 184. 
Cardwell, 1\1r:-; J. A., hiog., ii. 713. 
'Carolina,' steamer, first trip of, 1830, 
ii. 188. 
Carpenter, Dr \\T. ::\1., mention of, i. 
6j'1. 
Carson, J. C., hiog., i. 784. 
Cartee, L. F., Rpeaker, 18;)4, ii. 349. 
Carter, D., meution of, i. lì7, 242. 


Cahaniss, T. T., mention 
G:W, 
'Cadhoro,' schoOI
er, seizure, etc., of, 
18.30, ii. 107. 
Cady, Lieut-col A., in command of 
Or. (list., 18G1, ii, 400. 
Caffrey, J. S., ministry of, ii, G81. 
'Calapooya, sloop, lmilt 1843, ii. 27. 
Calapooyas, threatened onthreak of, 
184:3, i. 275; reservations, etc. , for, 
ii. 210-11: treaty with, 1831, ii. 
211. 



772 


INDEX. 


Caruthers, 
Irs E., land claim of, ii. I Chase, Daniel in Snake river massa- 
288, I cre, ii. 472. 
Caruthers, F., land claim of, ii. 288. Chemakane, mission described, i. 339- 
Carver, J., works of, i. 17-21; map 40, .... 
of, i. 20; name of Oregon, i. 24-5. Chemeketa . mIssIOn,. sIte,. 1. .19]-2; 
Cascade Falls, proposed reservation work 
t, 1. 192; mvestigatIOn at, 
at, 1846, i. 602. 221; dIssolved, 221-2. 
Cascade mountains, emigrants cross, Chemeketa .plains, agriculture, 1840, 
184.3, i. 409-12; 1846, i. 563. 191-3; mIlls, 192; school, ]93, 201. 
Case, S., peace commissioner, 1873, ii. ' Chene mas, , ship, on Col um bia, i. 
596. 189, 199, 221, 245, 4
4, 466-7. 
Ca.sey, Col C., command of, ii. 201, Chenow

h, 
'I. A., of assembly, 1852, 
235; exped. of, 1831, ii. 235-7. 1866, 11. 296,666; of Or. Cent. R. R. 
Caster, Lieut, the Rogue river war, 
o., 698, 6!m. 
1853-4, ii, 320. Clules, Jos. B" leader Cal. party, 
Catholics, missions in Or., 1838, i. 1843, i, 393, 400. 
315-29 340-8 640-2 633-7. oppo- China trade, i. 371; ii, 258. 
sitioll to l)rote
tants, i. 328-48, 640- Chinese mi
ing, attack on, ii. 521; 
2, 633-6, 697-9, 743-4; church, etc., 3: cts relatmg t?, 664-5. 
buildings, ii. 678-9. CluI?-o-:ks, the, dIfficulties with, ii. 93. 
Cavanaugh, T., mention of, ii. 740. ChristIa!l 
avo
ate.an
 Journal, calls 
Cayuses, missionaries among, i. III, fo.r mISSIonarIes, .1. 1, J. 
115-19, 316-17, 327-48; outrages, C
lrI
tmas. celehratIOn, 1, 577-8. 
etc., of, i. 268, 274-7, 333-5, 344-7, CI
cmnati R. R. Co., charter granted, 
402-3, 644-66; conference with, .II: 696, .. ., 
1843, i. 277-80; agric. among, i. C1\?1 code submItted and accepted, 11. 
338; the 'Yhitman massacre, 1847, 663-4. . 
i, 644-66; captives rescued from, i. Cla?kamas .
o
u
y, boundary, 1. 539; 
686-96; war with, 1848, i. 700-45; lust, of, 11. 10/. 
trial and execution of, 1850, ii. 92- CI?:ckamas R.R. Co., charter granted, 
9; Dart's visit to, etc" 1851, ii. 214; 11. 696. . .. 
treaty, etc., with, 1855, ii. 363-6. Cla?kamas, the, treaty wIth, 11. 217. 
Chadwick, S. F" biog., etc., of, Ïi. Cla
born
? Bvt Capt. T., of mounted 
182; gov., 1877, ii. 673-4. r
fle
, 11, 
1; d
fe
ds I
ds, 96. . 
Chamberlain, 1'Irs O. 'Y., biog., i. CI
Im-Jumpmg, IndIgnatIOn meetmg, 
636. 1. 610-11. 
Chambers, Rowland, pion. '45, i. 525; Clark, 1Irs Anna, biog" i. 627. 
hiog., 528, Clark, :l\liss C. A., missionary, i. 177; 
Champoeg, situation, i. 73; school, at Nisqually, 188. 
1835, 86; public meeting at, 262-3; Clark, Miss Grace, adventures of, ii. 
excitement at, 283; conventions at, 216. 
1842, 1845, 303, 471; church dedi- Clark, Harvey, Or. Institute, i. 202; 
cated, 319; ii. 678; floorl at, ii. 483. missionary, 244; chaplain, 480; ser- 
Champooick, district boundary, i. 310. mon, July 4th, 584; philanthropist, 
Chapin, Lieut E. S., ill J\Ioùoc war ii. 32-3; teacher, 678. 
ii, 616. ' Clark, I. N., attack on Inds, ii. 534. 
Chaplin, Daniel, author of peace Clarke, I., exped. of, ii. 30.3. 
commis., Ji. 595; of assembly, Clarke, Gen. N. S., in com'ù of de- 
1864-5, 66::>. ... partment, ii. 460. 
C
apm
n, I. B., at mdignatIOn Dleet- Clarke, Sam'l A., author of peace 
mg, 11. 162. .,. commis., ii. 595; works of, 692; 
Ch
pman, ,
: ',=., pIOn. 47, 1. 6?5; director Or, Cent. R. R., 699. 
arrest of, 11. 1::>8-9; surveyor-gen., Clatsop county map of i 186' Loun- 
29
; lieut of vols, 38
; of 
ssemhl
, d
ry, 539; hist. of, ii: 'lOA. ' 
18;)8-9, 18G8, 434, 6ö8; hIOg., 70,). Clatsop district estah., i. 4:{5. 
Chase, J\Ir 
 J\,!rs, in Snake river Clatsop mission, work at, i. 185-8; 
massacre, u. 4/2. sold, 221. 
Chase, .
l1
ert, in Snake river massa- Clatsop plains, agriculture, 1840, 185- 
cre, 11. 412. 8 1 cattle iutroduced, 187. 



Clatsops, massacre crew, i. 41; char- 
acter, 188. 
Clemen
, J olm, killed on the' Gazelle, , 
ii. 340. 
Clergy, position of, i. 301; disabilities 
of, 1842, 30;). 
Clerk, H. B. Co., fort duties, i. 8. 
Cluggage, James, county com'r, ii. 299; 
in hut expecl., 315, 
Clyman, James, biog. and bibliog., i. 
451. 
Co ad, Henrietta Gilliam, biog" i. 469. 
Coal discovered, ii. 332; first ship- 
ments, 333. 
Coal-fields, hist. of, ii. 743. 
Coats, John, pion. '46, i. 568; biog., 
570. 
Cochran, R. R., of assembly, 1857-66, 
ii. 417, 432,452, 666; senator, 1868- 
70, 668, 671. 
Cock.3tock, Indian, quarrel with \Vins- 
low, serious results, i. 282. 
Coe, DaNiel I., trial of, ii. 156. 
Coe, Nathaniel, postal agent, ii. 166; 
biog., 189. 
Cæur d'Alene mines, ores, etc., ii, 754. 
Cæur d'Alenes, miss. work among, i. 
625; attack troops, ii 461. 
Coffey, Nebuzarden, pion. '47, i. G25; 
biog., 632. ' 
Coffin, Stephen, pion. '47, i. G25; del. 
to con., ii. 418; built steamer, 705. 
Coinage, private', ii. 54; influx of for- 
eign, coin, 55. 
Coke, Hy. I., visit of, ii. 175. 
Colhurn, A. C., killed by Inds, ii,315. 
Collin::;, Luther, pion. '47, i. ö25; biog., 
mH. 
Collins, Capt., explore'! Ya(luina bay, 
ii, 203; expeJ. of, 5
0. 
Collins, Smith, pion, '4ö, i. 5G8; biog., 
569, 
Collins, 
1rs Smith, biog., i. 569. 
'Colonel \Yright,' steamer, ii. 480. 
ColOltÌzation, Or., i. ]54-83. 
Colorado, military post established, i. 
376. 
'Columhia,' bark, i, 215; ii. 48. 
, Columbia,' steamer, ii. 188; hist. of, 
23.3. 
Columhia county, hist. of, ii. 70!). 
Columbia, Mary, firstchilJ horn, i, 529. 
Columbia river, named, i. 24; fishery 
established, 245; dispute(l boundary, 
31 ö; value of trade to, 3;)4; military 
})osts on, 3öl; dangers on, 558, 559, 
608; ùangerous entrance, ii. 23-ö; 
first steamers on, 2;)5-6, improve- 
ment of, 735-6, 
Columbia river co. founded, i. 59. 


INDEX. 


773 


Colver, David, pion. '45, i. 52;); biog., 
571. 
Colville valley, mission founùed, i. 327. 
Colwell, Joseph F., murder of, ii. 54G, 
Comegys, Jacob, pion. '47, i. G2;); 
biog., 633. 
Commerce, English vs American, i. 
366-7; imports and exports. ii. 744- 
5. 
Committees, 1844, names, capahilities, 
i. 431. 
Condit, Alva, Presb. elder, ii. G80. 
Condon, '1'. J, missionary, ii. 680. 
Conger, S. F., murder of, ii. 477. 
Congregational church, hist. of, ii. 
679, 680. 
Congress, settlers petition, i. 16S, 172, 
176, 206-9, 231, 233, 243; Or. ques- 
tion, 349-390; Linn's 2d hill, 372; 
memorial to, ii. 436-8, 481-3; 1st 
delegate from Or., 113; instructions 
to delegate, 299-300; appropria- 
tions by, 326-7; 756--7. 
, Congress,' U. K frigate, i. 583. 
Congressional a pprol'ria tions, waste 
of, Ig54-5, ii. 330-2. 
Conklin, David, murder of, ii. 527. 
Conner, John, of anti-slavery l'arty, 
ii, 359. 
Conner, Sergt, fight with Inds, ii. 
423, 424. 
Connolly, Nelly, marries Douglas, i. 
52. 
Conser, Jacoh, of assemhly, 1831-2, 
185ö-7, ii, 7
, 29ö, 417; uni\Tersity 
trustee, 299; school trustee, ö85; 
rlirector Or. Cent. R. R., ö99. 
Conser, ßlr8 Jacob, biog., i. 732. 
Constitutional convention, act to 
hold, Ì. 441-2; acts of, ii. 42
-6. 
C:mvention, Pleeting, i. 603; resolu- 
tions adopte(l, i. GO.!. 
Converse, Lt 0, I., com'll at Fort 
\ \T alIa \Vana, ii. 532. 
Cook, A., with Farnham's exped., 


7, 237. 
Cook, I. D., in Ind. expecl., ii, 240. 
Cook, John G., claim of, ii. 321. 
Cooke, map, i. 23. 
Cooke, .:\lrs Belle 'V., works of, it 
6!)
. 
Cooke, E. :N., nominated state treas- 
urer, ii. 637; of ,yo. V. R. R. Co., 
697; director Or. Cent. H. It., 
m)9. 
Coon, 'V. L., of anti-slavery l'arty, 
ii. 33R 
Cooper, Chandler, hiog., i. 6:!7. 
Coos bay, Lt 
tanton's exped. at, ii. 



774 


202; settlement at, 1853, 331-4; 
hist of coal fields, 743. 
Coos county, created, ii. 234; hist. of, 
'ï09. 
Coppinger, Bvt Lt-col I. I., com'J 
Camp Three Forks, ii. 532. 
COllquilles, the, attitude of, ii. 234; 
tight with, 235-8; trouble with, 
3Hl. 
Corhett, H, ,,
" U. S. senator, hiog., 
ii. 639, GG7, 'ïG4; library director, 
fi94; of \Y. V. R. R. Co., 697; of Or. 
Cent. R. R" 698; of Or. R. R. & :K. 
Co., 704. 
Cornelius, Benjamin, biog" i, 528. 
Cornelius, Florentine "Tilkes, biog., 
i. 3:n. 
Cornelius, E\aml, missionary, ii, 683. 
Cornelius, T. R., pion. '45, i. 523; of 
council, 1836-9, ii. 417, 429, 432, 
4:34; senator, 1860-'ï0, 432, 6G3, 
666, 668, 6ïI; col of Or. vols, 491; 
resigns, 493; director Or, Cent. R. 
R., G99. 
Cornwall, I. A" pion. '46, i. 568; 
hiog., 370; Presh. minister, 682. 
Cornwall, P. B., hearer of :Masonic 
charter, ii. 31. 
Con'allis county, hist, of, ii. 707. 
Couch, T. H., on Columbia, i. 221, 
245, 466; "
hite's interference 
with, 281; memo P. L. L, C., 29G-7; 
director Or. Printing Assoc., 536; 
treasurer, 606, 612. 
Counties, hist. of, ii. 706-726; min- 
eral resources of, 734-3, 
Cow creek, IIltl. depredations, ii. 381. 
Cow ('reek Iuds, land purchased 
from, ii. 319. 
Cowan, Rohert, hiog., i. 633. 
'Cowlitz,' hark, 230-1. 
Cowlitz valley, i. Ind. trouhles in, ii. 
67, G8. 
Cox, Jesse, of court convention, ii. 
4:?3, 
Cox, .JCI::;eph, pion, '47, i. 623; hiog., 
():
O; of court convention, ii. 423. 
Cox, T. H., pion. .47, i. 623; biog., 
ti30; of Or. Cent. R. R., ii, 698. 
Coyle, R. S., of con st. convention, ii. 
423. 
Craft, Charles, hiog., i, 527. 
Craig, I, T" of anti-slavery party, ii. 
:
.)
,. 
Craig, \Vm, at Lapwai, i. 649; leaves 
('learwater, mJ',; agent to Nez 
Percés, 'ï21. 
Cra;u, .J. H., hing., i. 629. 
Crall 
ton, Lt Arthur, in )Iodoc war, 
killeJ, 61G, 320; biog., ti:?4. 


INDEX. 


Cravigan, Rich., murder of, ii. 576. 
Cravigan, \Y., murder of, ii. 576. 
CrawforJ, David, explore8 Puget 
Sound, i. 4G3-4. 
Crawford, 
Tohn Davis, hiog" i. G31. 
Crawford, ::\ledoram, pion. '42, i. 76, 
23G; biog. and bihliog., 2ß3; memo 
p, L. L. C" 297; of legislature, Ïi. 
59, 432; signs memorial, 127; col- 
lector, 670. 
Crawford, Peter \Y., biog. anù 
bihliog., i. G46-7. 
Creighton, N. 1\1., supports Gov. 
Lane, Ïi. 93. 
Cressnn, Capt, , in l\Iodoc war, ii. 
622. 
Crocker, N., death, i. 199-200, 236. 
Crockett, J olm, com. of J slanù co., 
ii. 299, 
Crook county, hist. of, ii. 710. 
Crook, Ueo. , L t-col, relieves 
I ar- 
shall, ii. 531; actions of, 532-45. 
Crooks, I, 1\1., in Ind, exped., ii. 313. 
Croshy, Capt. N., piloting, ii. 26; 
mill sold to, 50, 
Crouch, \V, H., wounded, ii, 383. 
Crow, James, murder of, ii. 477. 
Cullen, 
Tohn "
., lieut of Or. vols., 
ii. 310; acts of, 312, 
Cully, I. \V., elected to senate 1838, 
ii, 432. 
Culver, C. P., editor, i. 573, 
Culver, Saml, favors new tel'. scheme, 
ii, 233; Ind. agent, 312; anti-sla,-- 
ery party, :339; signs petition, 376. 
Cunningham, Joseph, Liog., i. 527, 
Curly-headed doctor, in :l\lodoc war, 
Ïi. 573, 5'ï6, 399; surreIlllers, 62ï, 
Currency and prices, 1:
-13; ii, 79G-8. 
Curry county, estaLlished, ii. 413; 
hist. of, 710. 
Curry, Oeo. B., of Or, vols, ii. 491; 
expecl. of, 49G, 499; in com'tl of 
Columbia dist, 513; retires, 317. 
Curry, Geo. L., e(litor, i. 5;.5; loan 
commis'r, 671, 672; of legislature, 
ii. 58, 59, 138; acting sec., ti9; 
pmt master, 187; apptd gm-., 
character, :H8; hiog., 349; pr(.da- 
mation, 384; calh out voh, :
9U; 
message, 4:
3; nomination, 444. 
Curry, Thomas, Liog. of, ii. 713. 
Curtis, E. 1., favors new tel'. scheme, 
ii. 2.).). 
Crump, James T., hiog., i, 571. 
, Cyclops,' ship, wreckeJ, Ïi. 300. 


D 


Daily Advertiser, newRpaper, ii. 448. 



Daily News, newspaper, ii. 448. 
Daily Times, newspaper, ii. 449. 
Dallas founded, ii. 251. 
Daly, .J olm, killed on the 'Gazelle,' 
ii, 340. 
Daniel
, ,Yo B., del. to convention, 
1857, ii. 41
. 
Darragh, John, apptd to raise Ind. 
co, ii. 531. 
Darrough, I., favors new tel'. scheme, 
ii. 255. 
Dart, Anson, supertd of IncI. affairs, 
ii. 
Oû; off!. actions of, 213-18. 
Dart, ({eo., favors new tel'. scheme, 
ii, 235, 
Davenport, T. I., in explor exped., ii. 
197. 
Dayid
on, Geo., survey expecl., 11. 
248-9. 
Davidson, James, biog., i. 629. 
Davidson, James, Liog., i. 632. 
Davidsun, Thomas L., biog., i, 624. 
Davis, Byron N., Ind. agent, ii. 46!). 
Davis, Henry 'V., hiog., i. 628. 
Davi
, Col .J effersoll C" succeeds 
Cauhy, ii. ü24; action in l\lodoc 
war, 624-31. 
Davis, John 'V., Apptd Gov. lE5:{, 
hiog., ii. 322; acts of, 323, 324; 
resigns 1851, character, 3,18-9. 
Davis, Leanùcr L., biog., i. 636. 
Davi
, Samuel, hiog., i. 570. 
Dawson, V, 'Y., pion. '43, i. 394; Cal. 
emigrant, 40J; arrest, 445. 
Dayt(ln, foundell, ii. 251. 
Deady, 
I. P., on sup. court, i. 151-2; 
supports Oov, Lane, ii. 93; of As- 
semhly, 143; Liog., 144; revise.3 
law", 130; Atty, 158; of council 
1831-2, . 161, 2UÜ; trustee of Or. 
AC<tdemy, 167; Associate Judgc, 
307-8; at el)n
titutional convent, 
42:3; elected U. S. Judge, 442; U. 
8. (list .Tud
e, 6G!); University di- 
rector, 6UO; of Or. medical college, 
GH1; mention of, 747, 7û:
-4. 
Dean, N. C., farm of, ii, 184. 
Deception Pa
s on Puget Sounù, 1. 
464. 
De Vuis, A. P., of Coos Bay Co., ii. 
3:
2. 
Deer Lake, name, i, 72. 
] .l'hney, Daniel, hiog., i, 422. 
Delano Sec., actions in :ì\lodoc affair, 
Ïi. r>97, ß02; hanged in effigy, üUt 
Debrc, Antonio, exploring 'party, i. 
5:3
. 
'Demares Cove,' ship, ii. 333. 
Demers, Father. a<.;st to Blanchet, i. 
316; foulHls 'Yilhmette miss., :318- 


INDEX. 


775 


319; vicar gen., 326; journey to 
Europe, 327; elm 'plain, 480. 
Democratic Herald, newspa,per, 11. 
448. 
Democratic party, organized' 1832, Ï1. 
172; rupturein,447; ùcfeat, 1888, ï62. 
Democratic Statesman, policy of, ii. 
420-2, 448. 
Demry, John, nominated, for.GoV'., ii. 
430. 
Denoille, Sergt, murder of, ii. 547, 
Dent, Capt. :F. T., com'd at Huskins, 
ii. 488- 
De Puis, 'Y., cattle exped., i. 4
. 
De
 Chutes river, mode- of crossing, i. 
5]4. . 
De 8met, Pierre, Jesuit priest, lahors 
of, i. 322-6; 'phy
ique, 323; bihlog., 
327; hostility of, 340. 
De Vos Peter, R. C. priest, 1843, i, 
325; St. Ignatius 1liss., 327; with 
hunting party, 396; discovers pass, 
3H
. 
, Diana,' brig., i. 154, 
Diamond, hark, i. 188; ii, 48. 
Diamond, John, exped. of, ii. 30.1. 
Diamond Spring, named, i. 538- 
Dickinson, OLed, missionary, ii. 680. 
Dilley, mur(lered Ly Iuds, ii. 223. 
Dillon, 'Villiam H., Liog" i. 63û. 
Dimick, A. R., biog" i. 638. 
Disappointment Cape, surveyed, 11. 
249; lighthou
e at, 511. 
Disea'Ses, di,-;appcarauce of, ii. 3D. 
Distillery, Young's. i. 98, 99, 102, 
1GO; descript of first, 281. 
Divorce la"\v, passed, ii. 299, 300; 
clause in constitution, 438. 
Dixun RoLt, murder of, ii. 54!). 
Dobbins, C., injured on the' Gazelle,' 
ii. 3!0. 
Dotlson, .T e3se, in lnd" experl.. ii. 224. 
Dog.;;, excitement regarding killing, i. 
23
. 
Doherty, A. S., ill exp1or. exped., ii. 
I !)7. 
Doke, 'V illiam, escapes drowning, i. 
408. 
'Dolly,' schr, ii. 27. 
Dolph, L N" of Senate, ISGG, ii. G6G; 
U. H. senator, biog. üï<>; of Ur. R. U. 
& N. Co., 704; mention of, .31.); cuast 
defence hill, 737. 
Dominus, Capt., ill Columhia, i. 4(). 
Donation Claims, land taken under, 
ii. ö59. 
Donation Laws, its provisions and 
working.
, ii. 260-3: arlvantaged, 
and disadvantages of, 2mJ. 



'17ô 


Donner party, joins immigrants 1846, 
i. 556. 
Donpierre, David, on Govtcommittee, 
i.2U4. 
Dorioll, B., accompanies 'Vhite, 13th 
Nov. 1842, i. 268. 
Dorr, :Ehen 
1., seizes the 'Albion,' 
ii. 103. 
Dougherty, 'Vm P., promotor of 
ma,:;onry, ii. 30; left for Ca!., 47; 
at indignation meeting, 162; com- 
mi..;'r of Pierce Co., 29H. 
Douglas, county, organized, ii. 166; 
hi"t. of, 710. 
Douglas, A., killed by Inds, ii. 315. 
Doughs, David, in Oregon, i. 17. 
Douglas, James, appearance, i. 31; at 
F, Vancouver, 48; marriage, 52; 
receives missionaries, 135; grants 
site for miss. 1839, 318; action in 
clerical affairs, 320; moved to Vic- 
toria, 598; commu. massacre to 
nov., 670; action in regard to loan, 
C7:!-5; demands explanation from 
Ahernethy,681-2. 
Dowell, Ben Franklin, biog., ii. 370, 
Downing, :ì\Iiss Susan, arrives Or., i. 
13ô; at 'Villamette J\tIission, i. 
157-9, 
Drake, J
t, works of, ii. 691. 
Drake, Lt-col, in com'd of Columbia 
dist, ii. 517. 
Drew, C. S., favors new ter, scheme, 
ii. 235; Qt l\Iaster of l\Elitia, 325; 
Adj. of vols, 379; :Major, 492; re- 
connoissance of, 503-5. 
Drew, E. p" Ind. agent, ii. 3ôO; om 
acts of, 392-3. 
Drew, I. 'Y., of H. of Rep, 1851, ii. 
138; in explor. expecl., 176; senator 
1862-3, 638. 
, DryaJ,' ship, i, 94. 
Dryer, T. I., founded' Oregonian,' ii. 
147; of Assembly 1856-9, 417, 429, 
432, 4:
4; of constitutional convent, 
423; commis'r to Hawaiian IsIs, 458. 
'Duc de Lorgunes,' brig, ii. 48. 
Duelling, hill to l>rohibit, i. 402. 
Dugan, Rich., favors new ter. scheme" 
ii. 2,).); military commis'r, 314. 
Du Guerre, Baptiste, accompanies 
'Vhite, }, 484. 
Dunhar, John, missionary, i. 104, 107. 
Dunhar, Rice, biog., i. 572. 
Duncan, Geo. Clayton, biog. of, ii. 
7);). 
Duncan, I.. C., biog., ii. 184-. 
Duncan, L. I. C., of const. convention, 
íÏ. 423 


INDEX. 


Duniway, l\irs A. S., works of, ii. 
mH. 
Dunn, John, at Fort George, i. 38; 
character, 44. 
Dunn, Pat. in Ind. expecl., ii. 313; of 
assembly 1854-5, 349. 
Dunning, U. H., of anti-slavery 
party, ii. 359. 
Duntz, Capt., on the Sound, i. 499. 
Duskins, rescues immigrants 1846, i. 
564. 
Dwight, at Fort Hall, i. 30. 
Dyar, L. S., Ind. agent, ii. 568; 
actions in Incl. 'Var, 569-79; peace 
commr, 606, 610-12. 


E 


Eades, Clark, punishment, i. 450. 
Eagle, Nez Perce chief, counsels 
1\1 rs 'Vhi tman, i. G6fJ-6. 
Eales, Capt" on Oregon coast, i. 84, 
Earhart, R. P., sec. of state, ii. 762. 
East Portland, progress of, ii. 752. 
Eastham, E. L., mention of, ii. 753. 
Eaton, Charles H., biog., i. 421. 
'E. D. Baker,' steamer, ii. 481. 
Edmonds, John, shooting affair, i. 
444-5; left for Ca!., ii. 47. 
Edmunds, J ohu, accomp, \Vhite, i. 434. 
Edmundson, Indian mission, i. 55. 
Eùucation, effort toward, 1834, i. 315; 
girls' school opened, 325; grants of 
land, G08; drawbacks, ii. 31. 
Educational institqtions, ii. 32. 
Edwards, P. L" missionary, i. 59; 
character, GO; búilding miss" 78-90; 
treas. \Yillamette Cattle Co., )41; 
goes to Ca!. for cattle, 142-150; life, 
169; infor. to emigrants, 292-:{. 
Edwards, Rich., killed by Iuds, ü. 
3]2. 
Eells, C, C., missionary, i. 137-8. 
Eells, 
Iyron, missionary, i. 138. 
Eells, 1\Irs, missionary, i, 137-8. 
Ehrenherg, H., Or. settler, i. 240; 
hiog. 240-1. 
Election, freedom of vote, i. 307. 
Eliot, 
. G., surveyed R. R. line, ii. 
696. 
Elizaheth, mining town, i:. 330. 
Elizabethtown, Ky, petition to Con- 
gress, i. 374. 
Elkins, Luther, of assembly 1833-5, 
ii, 323, 349; of constitutional con- 
vention, 42:
; senator 1838-60, 432, 
4.;2; R. R. commi'3r, mu;. 
Elhins, 'V. S., of assembly 1870, ii. 
671. 
, EI Placer,' brig" ii. 48. 



Elliot, Col, IVlil. commis. to try 

lodocs, ii. G35. 
Elliott, \Y In )1., claim of, ii. 321. 
Ely, Lt, in Indian exped., ii. 314. 
Ellis, Ind, chief, biog., i. 271; cun- 
ning of, 28G-9; hostility, :130-2. 
Ellsworth, S., of Or. C. )1. R. Co., ii. 
G52; director Or. C. R. R., 698, 
mm. 
Emehiser, I., in immigrant party 
1859, ii. 463. 
Emigrants, \Yhites party, i. 256-7; 
life on the plains, 257; character, 
3V2; scarcity of food, 41G-17; 1844, 
448-9. 
Emigration, inducements offered, i. 
374-3; organization 1843, 393-424; 
character, 425-7. 
'Emily Packard,' ship wrecked, ii. 
301. 
Emmon<;, Lieut; exped. from Or. to 
Cal., 
49. 
Eagle, \\ïlliam, biog., i. 528. 
English, emig. to Or., i. 377; fleet, 
497. 
English, L. N" leased penitentiary, 
bing., ii. G44. 
Eno
, half breed, treachery of, ii. 
394. 
, Enterprb;e,' steamer, ii. 340. 
Episcopal church, hist. of, ii. 685-6. 
Erasmus, Christopher, murùer of, ii. 
577. 
Ergnette, \Y., cattle exped., i. 142. 
Ermatinger, F., character, i. 32-33; 
attacked by Inds, 136; )Ien. P. L, 
L. C., 297; treasurer, 472,480,496, 
Ettinger, S., favors new tel'. scheme, 
ii, 235. 
Eugene, founaers of city, ii. 231; co'ty 
seat, 299; university at, G61. 
Eulinger, Rigmolld, claim of, ii. 32l. 
E\Tans, Allan, bravery of, wounded, 
ii, :378. 
Evans, David, claim of, ii. 32l. 
Evans, Samuel, murdtr of, ii. 489. 
Evans, I., exped. of, ii. :
OO. 
EYerest, 1\11' and l\lrs, hiog., i. 63l. 
Everman, Hiram, trial of, ii. 136. 
Everman, N iniwon, explores Puget 
Sound, i, 463-4; left for Cal., ii, 
47. 
Everman, \Ym, trial and execution, 
ii. 13G. 
, Ewing,' survey schr, ii. 190-2. 
Ewing, F. Y., travels with Lee, i. 
169, 
Executive Com., pay, i. 440; author- 
ity, i. 4-tl-
. 
Express Co., first in operation, ii. 339. 


INDEX. 


777 


Executive, power, summary, 1842, i. 
30ï -8- 
Express, meeting to provide for 
sending, i. 551. 
Eyre, 
liles, drowned, i. 400. 


F 


Fackler, Samuel, biog., i. 63l. 
Fackler, Rev. St 
I., biog., i. 629. 
Failing, Henry, biog. of, ii. 765. 
Fairchilds, John A., farm of, ii. 578; 
removes Hot Creeks, 578-80; acts 
in :Modoc war, 589, 597-607; favors 
.Modocs, 634. 
Falls debating soc , founding
 L 265. 
, Falmouth,' 
hip, ii. 139. 
, Fama, , Lark, i. 422. 
Fanning, l\lrs Rebecca, hiog" i. 530. 
Farley, John F. biog., i, 630. 
Farming interest, ri:-;e of, ii. 338. 
Farnham, T. I., at Fort Yancouver, 
i. 44, I:
O, 234; expecl., 227-34; 
works of, 230-1; in \Yillamettc val., 
231; at Sandwich Is., 234; report 
on Or., 236. 
Farrar, \V. H., of const. convention, 
ii. 423, 
'F-.1wn,' ship, wrecked, ii, ::mo. 
Fay, James D., biog., i. 371; of as- 
sembly, 18G2-5, ii. 638, Gti3; defeat. 
ed for congress, G6U; senator, 1870, 
671. 
Fellows, A. 
I., enrolling officer, ii. 
3UU. 
Ferree, D. I., in com'J of Klamaths, 
ii. 577. 
Ferries, rights grantecl, i. 440. 
Ferry, Chas, of anti-slavery party, ii. 
359, 
Feudalism among fur-traders, i. 46-7. 
Fickas, John L., death of, ii. :170. 
Fiel(l, 
I. C" with Stuart's hunting. 
party, i. 396. 
Fields, l\Ir, biog., i. 637. 
Fieills, Calvin, killed l,y lnds, ii. 371. 
Figueroa, gov. of Ca!., i. 91, 97. 
Finances, state of, 1 b34-fi, ii. :
:)5. 
Finlayson, D., at Fort Vancouver, i. 
34, 37. 
'Firefly,' steam-tug, wrecke(l, ii. 341. 
'Fisgard,' Eng. frigate, i. 4
19; officers 
of, 379- 
Fisher, :ì\Irs 
Tohn, biog., i. G3G. 
Fishery, estaLlish. on CoIUluhia" 1
40, 
245. 
Fiske, De, E. R., in explor. exped., ii. 
176. 
Fikh, T. L. exped. agtinst Inds, it 
464. 



778 


Fitzgerald, J\Iaj., pursuit of Inds, ii. 
3ï 3, ;J74. 
Fitzhugh, ðolomon, of const. conven- 
tion, ii. 4
3; senator, 18ô0-3, 452, 
638. 
Fitzhugh's mill, meeting at, of emig. 
of 1843, i. 393. 
Fitzpatrick, trader, missionaries with, 
i. 107, 127; with 'Yhite's party, 
239, 2ÖO. 
Five Crows, Cayuse chief, i. 279, 280; 
outrages by, 6ü2-3. 
Flanagan, Pat., in explor. exped., ii. 
17ö; settles on Coos bay, 334. 
Flatheads, at St Louis, i. 54; mission, 
ü3-6; missionaries among, 137; R. 
C. influence with, 322-3, 
Fleming, John, printer, biog., i. 575; 
signs memorial, ii. 127. 
Fletcher, F., with Farnham's expecl., 
227, 2
7. 
Flint, A. C., founds 'Vinchester, ii. 
183. 
Flooùs of 1861-2, ii. 482-5. 
Flour, hist. of manufacture, ii. 729. 
Foisy, 1\1. G., biog., i. 467. 
Foley, Dr, settler at Coos bay, ii. 334. 
Fonte nelle, trader, missionaries with, 
i, 106-8. 
'Forager, ' ship, seizure of, ii. 107. 
Ford family, settlers and biog., i. 413, 
Ford, Kathaniel, leader of party, i.450; 
biog., 469; supreme judge, 496; co'ty 
trea
urer, 612; of ter. council, 1849, 
1856-9, ii. 71, 417, 429, 434; of H. 
of Sept., 1851- 5, 158, 34-9; on peni- 
tel..ti
ry hoard, 298; senator, 1866- 
8, li(j(), (,68. 
Ford, :Nineveh, first to arrive at Dalles, 
i.408. 
Ford, !\Irs R. A., biog., i. 636. 
Ford, Sidney S., biog., i. 527. 
Fordyce, A. G., in Ind. exped., 11. 
313; claim of, 321. 
, Forrest,' brig, ii. 48. 
For"yth, J., appoints U. S. agent, i. 
100. 
Fort Boise, estahlished, i. 14; ii. 500; 
Farnham's exped. at, i. 229; ahan- 
donctl, ii. II2; massacre near, 343; 
mìlitary post, 494. 
Fort Canby, erection of, ii. 511. 
Fort Colville, description, i. 14; mIs- 
sionary at, IS
9, 318
I9. 
Fort Depo!:;it, named, i. 521. 
Fort neorge, description, i. 11; trad- 
ing po-;t, 29. 
Fort Gilliam, named, i. 703. 


INDEX. 


Fort Hall, estab]ished, i. ]4; mISSIOn- 
aries at, 62; built, 63; Farnham 
exped. at, 228-9; immigrants at, 
451; abandoned, ii. 112. 
Fort Klamath, constructed, ü. 495; 
Modoc pI isoners at, 634. 
Fort Laramie, immigrant supplies, i. 
4tH. 
FOj,.t l.eavenworth, military post, i. 
:
74. 
Fort Lee, named, i. 703; peace com- 
sioners at, 706; garri:5oncù, 737. 
Fort :t
isqually, appearance, i. 11. 
Fort Ü'Kanagan, situation, i. 18; 
Blanchet at, 316-17; abandoned, ii. 
II 2. 
Fort Stevens, erection of, ii. 511- 
Fort Umpqua, 1840, i. 194; aban- 
doned, ii. Ill. 
Fort Vancouver, description, i. &-11; 
life at, 7-11; school, II; agric. at, 
8-9, 13-14; missionaries at, 16, 18, 
184; importance of, 26; establi::o.hed, 
29; society at, 26-28, 42; physi- 
cians at, 34-35; arrival of brigade, 
4ô; chief trader's caravan, 49; Sun- 
day at, 123; Farnham at, 230; mills, 
234; Ind. outrages, 268; mass cele- 
brated, 317; fortified, 446-7; threat- 
ened capture, 681-2; military post, 
ii, 85, 90; abondoneù, 112; land 
claims, 27
. 
Fort 'Valla 'Valla, description, i. 12- 
13; missionary at, 318; Bishops see, 
327; army at, 715; abandoned, ii. 
II 2. 
Fort'Villiam, built, i. 15; abandoned, 
98. 
Forts, life at, i. 7-8; in Or. 1834, 12. 
Foster, Philip, memo P. L. L. C., i. 
297; grievances, 480. 
Foster, Capt. S. A., act A. A. G. 
Columbia dep't, ii. 531. 
Fowler, Capt., on Columbia, i, 188. 
Fowler, 'V, 'V., favors new tcr. 
scheme, ii. 255; Alcalde, 325. 
Fmvlcr, \Villiam, encourages emigra- 
tion 1843, i. 399. 
Fox, C, E., founds town, ii. 252. 
Framhoise, 1\1. la, nurses Kelley, i. 
90; trail of, 147. 
Francis, Simeon, paymaster of army, 
biog" ii. 458. 
Franklin, family outraged, i. 645. 
Franklin Advertiser, newspaper, ii. 
438. 
Frazer, Abner, deposition about Cal., 
i,552 
Freeman, James, contractGr for sur- 
veys, ü. 269. 



Free Press, newspaper, suspended, ü. 
43-4. 
Frémont, Lieut, exped., i. 379, 419- 
20. 
French Prairie, i. 71-3; convent 
sch")ol at, 
2=>. 
French Canadians, as settlers, i. 15- 
16, 66, 73-4; in 'Yillamette Val., 
66, 70-3; character, 2:
5. 
French settlers, feeling toward gov't 
] 842. i. 298-9. 
Friends of Oregon, action in regard to 
Or., i. 234. 
Fritz, trouble caused hy, ii. 579-80. 
Fros t, Rev. J. H., mis"ionary, i. 177; 
at Clatsop miss., 185-8. 
Frost, J\Irs, missionary, i. 1'77; at Clat- 
s
p miss., 185-8. 
Fruit, market for, ii. 2;)7-8, 
Fry, 1. Boo adj in Hathaway's force, 
iÏ. 70; of O. R. R. &, K. Co., 704. 
FUllgc, I. ]\1., killed on the' Uazelle,' 
ii. 340. 
Fulker.5011, I. :M., of H. of Rep., 1832, 
ii. :W6; of council, 18=>3-6, 323, 34
, 
413; college tru.stee, 6t;4. 
Fulkerson, John T" biog, of, ii, 714. 
Fuller, David, killed on the' Gazelle,' 
ii. 340. 
Fulton, James, biog. and bibliog., i. 
G34; of assemhly, ii. G7l. 
Fur- trarlers in Oregon, 18
4, i. 6-1 j ; 
life at forts, 7-8, 42; hospitality, 9- 
10; religion, 10-11, 62; Ind. wives 
of, 27-8; brigade, 4G; cravan, 47 


G 


Gaets, Father, arrives, 1847, i. 326. 
Gage, Joseph, associate justice, i. 450. 
Gagnier, at Fort Umpqua, i. 193-5. 
Gagnier, ]\Ir;:;, with missionaries, i. 
193-6. 
Gaines, John P., app't'd gov'r, ii. 139; 
a(lministratioll and otn acts ûf, 
18.)U-2, 139-7
; biog., IG9; Ind. 
cOlluuis,, off1 acts of, 208, 228-32; 
charges against, 301-2. 
Gallagher, Lieut 1. H" com'd at Fort 
Lopwa,i, ii. 33l. 
Gal vin, John, in Ind. exped., ii. 240. 
Gamble, James, established Port Or- 
forll, ii, 193. 
Gantt, E. E., capture of, ii. 548. 
Gantt, Capt. J ohu, conducts emi- 
grants, i. 395, 400. 
C Ganymede,' ship, i. 38, 84. 
Gardapie, Baptiste, rescues immi- 
grants, i. 564. 


INDEX. 


779 


Gardiner, Charles, injured on the 
, Uazelle,' ii. 340, 
Gardipie, J. B., exploring party, 1. 
532. 
Garrison, A. E., biog., i. 572. 
Garrison, E., :l\lethodist preacher, i. 
397; ii. 677. 
Garrison, J. 1\1., legislator, 1845, i. 
472; explore party, IS46, 5:i2; capt. 
of co., 70
i; of council, 18=>1-2, ii. 
161, 296; Ind. agent, 312. 
Garri
on, 1\largaret, biog., i. 422. 
Garrison, :Margaret Herron, biog., i. 
415. 
Garry, Spokane chief, character, i. 
339-40. 
Gary, Rev. Geo., voy. to Or., i. 39; 
supersedes Lee, 2] 8, 221; miss. 
work, 223-4; assists Thornton, 621; 
supt of miss., ii. 677. 
Goskell, A. P., of Coos Bay Co., ii. 
3:i2, 
Gassett, C. C., murder of, ii. 521. 
Gaston, Joseph, acts in Og, Cent. R,R. 
affairs, ii, 696-703; biog., 70:3-4, 
Gay, Geo" escapes from In(h, i. 96-7; 
with cattle co., 142, 147; kills Inds, 
148; memo of col govt, 301; left for 
Cal., ii, 47, 
Gay, Rich., drowned, ii. 396. 
C Gazelle,' steamer, explosion on, ii. 
340. 
Gazzoli, Father, arrives in 1847, i. 
326. 
Geary, Edw., trustee of Or. academy, 
ii. 167; supt Ind. affairs, 461; Presb. 
minister, 681; school trustee, 682; 
of Or. Cent. R. R. Co., 69t;. 
neer, Frederick 'V., biog" i. 572. 
Geer, G., Or. pioneer, illicit liquor 
traffic, i. 273. 
Geer, J ose!)h Carey, biog., i. 637; 
maj. of militia, ii. 325. 
(jeer, Ralph C., hiog., i. 6
7; of state 
house board, ii. 146; nursery of, 
237; of H. of Rep., 18
4 5, 349, 
R. !{,. commis'r, 6!)G. 
Geiger, ahandons ])alle
, accompanits 
"'hite, lR42, i. 268; tour, 342. 
Geisell, John, killed by Inds, ii. 395. 
, General Lane,' ship, ii. 48, 4-H. 
'General 'Varren,' steamer, \\ recked, 
ii. 20:3-4, 341. 
George, 
1. C., elected to congress, ii. 
675. 
Gervais, Jos" activity in govt forma- 
tion, i. :mO-l; meet:-; R. C. priests, 
317; explore party, 5
2. 
Gervais, Zavier, exploring party, i. 
532. 



780 


Gibbs, A. C., revised Or, laws, ii. ]30; 
att'y, 158; biog., 1(:,1-2; of H. of 
Rep., 1832, 18üü, :!96, 452; collec- 
tnr
 309; commis. to settle claims. 
321; governor, off1 acts, 509, 637, 
638, {H...!; aspirant for U. 
. senate, 
667; death oi, 7ö3. 
Gibbs, Geo., deputy collector at As- 
toria, ii. 81, 104; biog., 104, 
Gibbs, John, in Ind. exped., killed, ii. 
3]3. 
Gilbert, Isaac N., biog., i. 4G9. 
GJler-1, Col A. C., assumes com
d, ii. 
5
.3; acts in :ì\lodoc war, 606-23. 
Gille;3pie, J Ollll, killed, ii. 383. 
Gilliam co'ty, hist. of, ii. 711. 
Gilliam. Cornelius, gen. of immigrants, 
i. 449; hiog., 449, 723; huffalo hunt- 
ing, 4,')0; homl)ast, 457, 681-2; ex- 
plnr. party, 5:31, 5ö7; supt of postal, 
614; col com'd't, 676; speech to 
army, 708; death, 725. 
Gilliland, Isaac, biog., i. G47. 
Gilmore, l\latthew, member provo 
govt, 1844, i. 427, 431. 
('-ilmore, s. 
I., supports Gov. Lane, 
ii. 93; of H. of Rep., 1850, 1860, 
143, 452; biog., 143; delegate to 
convention, 418. 
Gilpin, :l\Iajor, life in Or., i. 223; with 
Fremont, 420. 
Glasgow, Thos 'V., at indignation 
meeting, ii. ] G2. 
Gleason, Sam'l, in Snake river mas- 
sacre, ii. 47
. 
Glover, 'Yïlliam, biog., i. 636. 
Godwin, Charles, wounded, ii. 383. 
Goff, David, hiog, , i. 544; explor. 
party, 544; leaves for Ft Hall, 551- 

; guides immigrants, 558. 
Gone, T. .A., mention of, ii, 765. 
Gold disc. in Cal., ii. 42, 43; disc. of, 
1850-2,174-20-'1, searches for,478-80. 
Golf! epoch, decadence of, ii. 237-8. 
'Gold-hunter,' steamer, ii. 703. 
Goldsborough, L. 
1., in survey ex- 
ped., ii. 248. 
Goldsby, .T ohn, wounded, ii. 383. 
Good, D. H., bing., i. 270. 
Goodhue, 
amuel, exploring party, 
1846, i. 544; biog., 544. 
Goodrich, C. L., purcha<;es Or. Specta- 
tor, 1854, discontinued, i. 573. 
Goodwyn, Thos Jefferson, biog. of, ii. 
714. 
Goodyear, M., with missionaries, i. 
127. 
Gordon, John, writes 
lcLoughlin, i. 
497. 


INDEX. 


Gordon, Harvey, nominated state 
printer, biog., ii, 637. 
Government, provisiunal, 184:3, i.280- 
1; organization, 2
)
-:n4; election 
of officers, 293; expenses of, 443; 
sea t propo
ab, 536, 
Governor, salary, i. 432; power, 4;6- 
7. 
Gracie, Lieut Arch., at Ind. council, 
ii. 362. 
Graham, David, attacked by Ind.::;, ii. 
52:3- 
Grammar, X ez Percé, i. 335. 
Grande Rontle, emigrants arrive, 1. 
401; mili tary reservation, ii. 397. 
Grant co'ty, hist. of, ii. 711. 
Grant, Jas, at Fort Hall, i, 42, 2Gl. 
Grasshoppers, destruction hy, ii. :142. 
Grave creek, fight at, ii, 381-3. 
li-ra ves,
, C., fa VOl'S new ter. scheme, 
ii. 255, 
Gray, James, del. to convention, IS37, 
ii. 418. 
Gray, Thomas, death of, ii. 370. 
Gray, ,Yo H., names Columhia river, 
i. 24; missionary, 126; journey to 
Ft Vancouver, 1
6-33; returns east, 
136; attacked by Inds, 136; on the 
Dalles miss., 163-4; buihl::5 Or, in- 
stitute, 203; opposea \Vhite, 2G4; 
hist. Or" 301-2; sec. of Champoeg, 
convention, 303; leg. com., IS4
, 
304; deserts 'Yhitman, 340, 343; 
legi::5lator, 1745, 472, 481, 488; re- 
turns to Astoria, 584; resiùence, 
588; left for Cal., 1848, ii. 47. 
Great Britain, lJlows at interests, 18-13, 
i. 313; occupation Col R" 36:
; jur- 
isdiction, 3ö(), claim disputed, :
83- 
4; treatment of U. K, 597, 
Green, (;01, actions in 1Vloùoc war, ii. 
573-G29, 
Green, J., ship-building, 247. 
GreeT' hack question, ii. 640-3. 
GreeIlhow, on term Oregon, i, 24. 
Greellwo d, 'Vm, hiog., i. 753; sen- 
ator, 18(;2-3, ii. 638, 6G5, 
Greer, I. B., nominated state treas- 
urer, ii. ö3S. 
Gregory & Co., express co. of. ii, 339. 
Gregory, XVI., Pope, Or. created to 
an apostolic vicariate, Dec. 184:
, 
i. 32ö. 
Grey, Capt. Thomas, comd at S. 
Juan Island, ii. 432. 
Griffin, Buford B., hiog., i. 752. 
Griffin, Rev, J. S., missionary, i. 
238-9, 244-; ineligible for gov'r, 
305; eel first paper, 335. 
Griffith, Elisha, biog., i. 529. 



Griffith, Elizabeth, hiog., i. 520. 
Grim, 1. 'Y., Liog., i. ö36; of H. of 
rep. ii. 72; senator, 1
38-63, 432, 
452, ß38, 665; vice-presdt Pion. 
Soc., 6ü3. 
Gri.5t mills, location-owners, ii. 25. 
Grover, L. F., biog., ii. 149; pros- 
attorney, 298; uni,-ersity trustee, 
2Ü9; tel'. auditor, 306; in Ind. ex- 
l}edt., 313; of H. of rep" 1853-7, 
3
3, 413, 417; of cOlLstitu tional 
convention, 423; elected to congress, 
18
)8, 4
1; takes seat, 441; charac- 
ter, 444; elected Gov., 670; U. S. 
. senator, 673. 
Gruhh, Sam'l, in Indian expedt., ii. 
313; claim of, 321. 


H 


Hacller, Isaac, settler at Coos bay, 
ii. 334; of H. of rep., 1864-5, 665. 
Hackleman, commands immigrant co., 
1845, i. 509. 
H agardine, R. B., in Ind. exped., ii. 
313. 
Haines, I. D., hiog., ii. 81. 
Half-breeds, causes dIssatisfaction, i. 
631-3. 
Hall, E. C., killed, ii. 464. 
Hall, Lawrence, hiog., i. 528; memo 
of leg., 604; on com't. to frame 
memorial, 606; reaches \Valla 
'Yalla, 661; of council, 1850-2; ii. 
142, 158, 296. 
Hall, Rea'3on B., biog., i. 569. 
Halleck, Gen., visits Or., ii. 525, 526. 
, Hamilton, ' ship, i. 13!. 
Hamilton, Edw., krr. sec'y, ii. 139. 
Hamilton, 'V., kIlling of, ii. 155. 
Hamlin, Nathaniel, hiog., i. 752. 
Hammond, Brev.-capt. D. P., in sur- 
vey expedt" ii. 190. 
Hanchett, ,Yo H., of road co., ii. 
6j:!, 
Hancock, Samuel, biog. & bibliog., 
i. 509; left for Cal. ii. 47. 
Hanna, I. A., Presb. minister, ii. 
68 I. 
Hannah, Adolph B" of H. of rep., 
Ib,j8-9, ii. 432-4; U. S. marshal, 
44:;; in coufed. service, 456. 
Hannon, George, hiog., i. 529 
Harho

, appropriations for, ii. 300. 
Hardin, John R., of H. of rep" 1852, 
ii. 296; killed by Inds" 313; claim 
of, 321; alcalde, 325. 
Harding, Benj. F, of H. of rep" 
18,')0-2, 1858, 1860, ii. 142, 
96, 4:{2, 
45:l; biog., 143; defends 'V. Ken- 


INDEX. 


781 


dall, 156; chief clerk of house, 163; 
university trustee, 299; U. S. att'y, 
309; U. K senator, 639. 
Harney, Gen., mil. administration of, 
ii. 4tH -8. 
Harper, Andrus, biog., i. 572, 
, Harpooner,' ship, ii. 48, 70, 103. 
Harris, 
Ir8, fight with Intis" ii. 373. 
Harris, Geo. 'Y., killed by Inds, ii. 
373. 
Harris, Isae.c, warns Fairchild, ii. 
579. 
Harris, ::\Ioses, assists emigrants, i. 
315, 450, 564; with 'Yhite, 484; 
explor. party, 1846,532, 544; Liog., 
545; leaves Ft Hall, 531-2, 
Harrison, A. 
I., in survey expedt, 
ii. 249. 
Harrison, Hugh, biog., i. 635. 
Hart, Thomas, biog., i. 530. 
Hartness, :McDonald, killed, ii. 403. 
Hasbrouck, in :\Iodoc war, ii. 624-8. 
, Hassaloe,' steamer, ii. 480. 
Hastings, L. 'V., leader of party, i. 
258-67; disagreements with, 238; 
escapes Ind., 260; goes to Cal., 
266-7; character and bibliog., 267; 
persuades immigrants to Cal., 552. 
Hatch, Peter H., p'ion. '43, i. 422; 
signs memorial, 1Í. 127; candidate 
for legi;:;lature, 437. 
Hathaway, Brev.-.Maj., in comd. of 
artillery, ii. 69. 
Hathaway, Felix, at \Yillamette 
Fall:
, i. 204; ship-building, 247; 
provo gov't meets at house of, 428. 
Haun, 11r, biog., i. 637. 
Hauxhurst, \Yebley, cattle expedt., 
i. 142; assaulted, 444; university 
trustee, ii. 299. 
Ha waiian hlands, trade, i. 37 I. 
Hawkins, Lt, military force of, 11. 
68, G9. 
Hawkins, Henry, biog., i. 527. 
Hawks, Thomas, drowned, ii. 34:1. 
Hays, 
Ir8 Rebecca, at \Vaülatpu, i. 
647; murdered, (jÖO. 
Hazard, 'V., early settler, ii. 252. 
Headrich, :;;amuel, biog" i. 632. 
Hearn, F. G., visit of, ii. 175. 
He LeI', Fred, in Ind. expedt., ii, 313. 
Hedden, Cyrus, in ex pI or. expedt., 1Ï. 
197. 
Hedding, Bishop, missionary meeting, 
i. 5!)' 
Hedding, Elijah, son of Peupeumoxe 
mox, i. 279; murder of, 286-7. 
Hedgc
, A. F., of legislature, 1849, 
ii. 59; of H of rep" 1838-9, 432, 
434; director 0, C. R. R., G
9. 



782 


Heinrich, Peter, death of, ii. 370. 
Helm, L. S., col of militia, ii. 325. 
Helm, "Tm, 
Ieth. preacher, ii. 677. 
Hembree, A. J., memo of leg., i. 604; 
ii. 58, 59; of H. of rep., 1830-5
 ii. 
72, 138, 349; supports Gov. Lane, 
93; trustee of Or. Academy, 167. 
Hendershott, James, of H. of rep., 
IS66, ii. 6J6; senator, 1868-70, 668, 
671. 
Hendcrshott, S., of court convention, 
ii. 4
:3. 
Henderson, I. H. D" candidate for 
legis" ii. 337; elccted to congress, 
6ßtj; l1irector O. C. R. R., 699. 
Henderson, Roh't, biog., ii. 144. 
Hen( 1 rick, Sam'l, killed by Inds, ii. 
395. 
Hendricks, T, 1\1., biog., i. 753. 
Hennessey, "Tm, death of, ii. 370. 
, Henry,' Lrig, i. 414, 679-80; ii. 24, 
43, 48. 
Henry, A. G., Ind. agent, ii. 207; of 
H. of rep., 1834-5, 349. 
Hellsaker, '1'. H., mill-owner, ii. 50. 
Hereford, Capt., of the 'Gazelle,' ii.340. 
Herman, congressman, ii. 762. 
Herron, Daniel, discoverers gold, i. 
512. 
H ibhler, joins Cal. expecl., i. 679. 
Hickley, 1\Irs, at 'Yillamette mission, 
i. 157-8. 
Hicklin, H. H., of anti-slavery party, 
ii. 339; del. to convention, 418. 
Hicklin, John L., Liog., i. 733. 
Hicklin, 'V. C., of anti-slavery party, 
ii, 339. 
Higgins, H., iudge, i. 496. 
Highlands, settlement, i. 463. 
Hill, Capt. B. H" at Astoria, ii. 69. 
Hill, David, leg. com. 1842, i. 304, 
312; memo provo govt, 1844, 427, 
431; legislator, 473, 481; post- 
master, 614; of H. of rep" 1848-9, 
ii. 58, 59, 72. 
Hill, Isaac, attack on Inùs, ii. 313. 
Hill, Ryland D., murder of, ii. 156. 
Hinckley, Capt, on Columbia river, i, 
134; at 'Yillamette miss., 157-8; 
marriage, 158. 
Hind, E., in immigrant party, ii. 463. 
H illùerw ell, R, 0., Capt, , arrest of, 
ii. 104-7, 
Hines, Rev. G, , missionary, i. 177; 
among the Umpquas, 193-6; on 
school com., 201; trustee Dr. iusti- 
tute, 202; life of, 225; opposes 
""'hite, 264; oration at openir..g of 
leg., 306; 
leth. minister, ii. 677. 


INDEX. 


Hines, H. K" 
Ieth. minister, ii. 
677. 
Hines, 1\1 rs H. K" missionary, i. 177; 
teacher, ii. 678. 
Hinman, Alanson, in charge of 
Dalles, i. 644, 667; hiog. 6ti7; of 
H. of rep., 1866, 666; collector, 609. 
Hinsnaw, Isaac, bing., i. 5:!9. 
Hinton, Capt., at Fort Boise, ii. 519. 
Hirsch, Edward, state treas., ii. 7GO. 
Hitchcock, Gen., in Oregon, ii. 2:33. 
Hobart, Lieut Charles, movement8 of, 
ii. 514. 
Hobson, Richard, biog., i, 421. 
Hodgts, Capt. H, C., A. G. 1\1. Col- 
umbia dep't, ii. 5
1. 
Hodges, Jesse 
lonroe, biog., i. 628-9. 
Hodgkins, 'Ym, in Inù. eÀpeJ" 
wounded, ii. 313, 
Hoecken, Adrian, R. C. priest, i. 
323; with hunting party, 396; dis- 
covers l)ass, 3D8. 
Hoffman, .Mr, at 'Yaülatpu, i. 648. 
Holbrook, Amory, att'y in Ind. trial, 
ii. 96; signs me murial, I::;; of H. 
of rep., lSGO, 43
; nominated U. S. 
senator, 6
9. 
Holcomb, Gay C., killed by lnds, ii. 
3D3. 
Holden, Horace, biog. and biLliog., Ì. 
467. 
Holden, 
Irs Horace, presents flag to 
Or. rangers, i. 583. 
Hohlernecis, 
. 1\1., memo P. L. L. C., 
i. 297; fights duel, 4D
; sec. of 
State 1849, ii. 59. 
Holgate, John C" biog., i. 620. 
Holladay, Ben, acts in Or. R. IL af- 
fairs, ii. 70\)-4; mention of, 741;. 
Holland, David, settler at Coos lJay, 
ii. 334. 
Hollanll, Francis R., biog" i. 5:30. 
Holland, I. P., in explore expell., H. 
ID7. 
Holman, Dillard, in Ind. expecl., 11. 
224. 
Holman, John, biog., i. 4
1. 
Hulman, Jos., with Farnhams' expect, 
i. 227, 237; of legislature, 

08; uni- 
versity trustee, ii. 299; R. H. com- 
mis'r, 606. 
Holmes, Leander, del to convention, 
ii. 418, 44ü; nomInated state sec., 
431. 
Holmes, 'Villiam, death, i. 421. 
Holmes, 'Vm, sheriff, i. 496; presents 
liberty-pole, 58:J; serg't at arms of 
H., ii. 59, 72, 143; signs memorial, 
127; R, R. commis'r, 696 



Holt, Thomas, explor. party, 532; 
assists immigrants, 564. 
Holton, D. 
., of H, of rep., 1838-9, 
ii, 43:?, 434; surgeon gen" 438; 
scnator, 1860-3, 452, 638. 
Holy Heart of :Mary, mission founded, 
i. 3
7, 
Home, Capt" drowning of, i. 53. 
Hume, Capt. D., arrives Or. on 
Beayer, i. 123. 
, Honolulu,' ship, ii. 42. 
Hooker, Jim, in Modoc war, ii. 575-6, 
587, 592, 5Û!}, 606, 909-12; surren- 
ders, 627; confession, 632. 
Hooker, Col J useph, completed road, 
biog., ii. 306; in union army, 456. 
Hooker, S. C" murder of, ii. 156. 
Horn, A., death, i, 2Gl. 
Horse ('reek, military post, i. 376. 
Hospital, at F. Vancouver, i. 8; \Yil- 
lamette miss, 162; Chemeketa 
plains, 193, 197. 
Hot Creek Inds, attempt removal of, 
ii. 578-80. 
Houck, I, L., in immigrant party 
183Û, ii. 463. 
Hoult, E., of court convention, ii. 
423. 
Houston, Robert, Liog., Ì. 633. 
Hovey, A. G., del to }'ep. con\Tention, 
ii. 446; senator, 1862-5, 638, 665, 
Howard, Cynthia, Liog., i. 572. 
Howard, John, Liog., i. 572. 
Howard, Zenas, warns Fairchild, ii. 
379. 
Howe, Lieut Albion, in 
1:odoc war, 
k]led, ii. 616-22; biog., 624. 
Howe, E. 'Y., killed by I:nds, ii. 395. 
Howe, Sam'l D., com, of Island Co., 
ii. 2ÛÛ. 
Howell, John, biog., i. 421. 
Howell, J una than, biog. of, ii. 714. 
Howell, :l\Iorris, in Ind. exped., ii. 
3]3, 
Howison, N eil 
I., commands Shark, 
i, 584; examines country, 586-8. 
Howison's Rep't, comments, i. 583. 
Hoyt, family outraged i. 643. 
Hoyt, Francis S., trustee of univer- 
sity, ii. 2
)!); librarian, 613; )Ieth. 
preacher, G77. 
Huhbard, kills Thomburg, i. 93. 
Hubhard, Charles, ùiog., i. 6:
3. 
H 
l
bard, 11., established Port Orford, 
11. ] 93. 
H u L hard, Thos. J., leader cattle co., 
i. 179; memo for co1. gov't, 301; 
leg. com., 1842, 304. 
Huber, N" clerk of council, ii. 434. 


INDEX 


783 


H
ldson Bay Co., Ind. wi\
es among, 
1, 9-10, 26-28; servants of, 13, 70; 
treatment of Inds, 36; character of 
officers, 42; law in Or. UlHler, 48- 
50, 233; monopoly in cattle, 140; 
lease of Russ. ter., 232, 234; charges 
against, 243; post at S. F., 230-]; 
attempt to settle Or., 232; attitude 
to immigrants, 261; \Vhites tran- 
saction with, 276; treatment of im- 
migrants, 409-10; delicate position, 
447; unite with Americans, 493-6; 
dissuading Inds., 540; celehrate 
Christmas, 5ï8; 'Yllitman's mas
a- 
cre, 666-8; force sent to "
alla 
'Yalla, 673-4; embarrassimg posi- 
tIOn, G81-2; accu:sed of conspiring 
with Iuds, 69ï-9; decadence of 
business, ii. 103; sales of, 189-10; 
forts aùandoned, iii; claims of, 276- 
8!. 
Hudson, Miss, murder of, ii. 377. 
Hudspeath, J. ßI., witness, land dis- 
pu te, i. 206. 
Hull, Joseph, promotor of masonry, 
ii. 30. 
H umholdt, on term Oregon, i. 23-4. 
Humboldt river, discoyered, i. 32. 
Humphries, Capt., on Columbia, i. 
215. 
Humpy Jerry, of Capt. Jack's hand, 
ii. 577. 
Hunsaker, Joseph, biog., i. 6:13. 
Hunt, Capt. I. C., at Camp Lyon, ii. 
519, 53:!. 
Hunt, Joseph, killed on the' Üazelle,' 
ii. 340. 
Huntington, I. ,Yo P., reprf'sentati'Te 
1860, Ïi. 432; sup't Ind. affairs, 6ïO. 
, If un tress,' ship, ii. 48. 
Hurford, Susanna, biog., Î. 628.. 


. 


I 


Idles, John, killed by Inds, ii. 395. 
Illutin, Nez Percé, chief, speech at 
council, 
Iay 184
, i. 2ï9. 
Immigants, attempt to prohihit negro, 
i. 2
7; refuse good drafts, 288; "'hit- 
man's views, 341-2; sufferings, 446 
-67; 508-41, 532-67; 623-38; Ïi. 17-1 
-5; health and condition, i. ï31; ef- 
fects on, of gold discovery, ii. ûa--5; 
protection of, 30
-4; increa-.e of, in 
IS;)Û, ii. 4G,>; in JSß:!-3, 4D:
-f1. 
Immigration society, hist. of, ii. 6Û4-5. 
Immigration to Ca!., efforts of Or. peo- 
pIc to prevent, i. 532. 
Imports, value, 183-23, ii. 258. 



784 


Independent gov't, steps towards, i. 
441-3. 
Indiana, petition from, i. 374-5. 
Indian Agent, 'Yhite's endeavor to ob- 
tain appointment, salary, i. 254-5. 
Indian
, attitude to H B Co., i. 36; 
murller.s by, i. 41, 95-7, 136, 148-9, 
179, ii. 92-5; demand missionaries, 
i. 51-5; at missions, 81-3, 86-9; 
diseases among, 81-3, 196-201; dis- 
turbance3 by, 93, 162, 285-6, 412, 
703-6, ii, 66-70, 205-32; 330-1, 342 
-4, 269-96; caU3e of dissatisfaction, 
650; accusation against \Yhitman, 
632-3; threatened alliance, 684, 728 
-9; execution of, ii. 80, 93-]00, 636; 
treaties with, 339-68; grand coun- 
cil, 262-7; wars with, 1855-6, 369- 
96; extermination of, 397-412; con- 
duct on reservation, 489; Shoshone 
war, 1866-68, 512 -54; enlisted to 
fight Inds, 530-1; Modoc war, ]864 
-73,5.)6-6
6; school, hist. of, 690. 
Ind.ian school, hi st. of, ii. 690. 
Indian wives, among H B Co" i. 9-10, 
26-28, 47; character, 27. 
Ingalls, David C" biog., i, 529. 
lnyard, John, biog., Ì. 448; left for 
Cal., ii. 47. 
Iowa, liquor law applied in Oregon, 
1844, Ì. 281. 
'Iris,' steamer, ii. 481. 
Iriquois, as: missionaries, i. 116. 
Iron manufactures, hist. of, ii. 733-5. 
Irwin, D" claim of, ii. 321; of anti- 
slavery party, 359. 
'Isabella', ship, wrecked, i. 41. 
Isaiachalahis, murder by, ii. 94; trial 
and execution, 96-100. 
Ishalhal, brutality towards Mrs Whit- 
man, i. 660. 
Island Milling Co" formed, i. 206-7; 
work, i. 211. 
Ison, S., of Senate, 1866-8; ii. 666-8. 
I,rcs, 'V m, contractor for surveys, 11. 
269. 
I wality, district boundary, i. 310. 


INDEX. 


Jacksonville, co'ty seat, ii. 299; Ind. 
attack of, 312. 
Jacob, Nez Perce chief, i. 663; coun- 
sels, Mrs Spaulding, i. 665-6. 
Jacobs, 0" candidate for Legis" ii. 
337; nominated U. S. Senator, 6:';9. 
Jaggar, I. E., perilous adventure of, 
ii. 484. 
James, John D., perilous adventure of, 
ii. 484. 
James, Capt. L. L., Com'J at Fort 
Stevens, ii" 532. 
'J ames, P. Flint', steamer, ii. 480. 
Jamieson, Archibald, fate of, ii, 340. 
Jamieson, Arthur, fate of, ii. 340. 
'Janet', ship, ii. 48. 
Japan, trade, i. 371. 
Jayol. J. F., arrives in 1867, i. 326. 
Jeffers, Joseph, biog" i. 628, 
Jeffries, John T., biog., i. 529. 
Jenkins, 'Villis, biog., i. 468. 
Jennings, Capt. J., exped. of, ii. 522. 
Jennison, Albert B., claim of, ii. 321. 
Jessup, Thos, S., on cost !\Iil. occ., i. 
360. 
Jesuit mission, difficulty with priests, 
i. 742. . 
Jewett, John, biog., i. 656. 
Jewitt, T. D., claim of, ii. 321. 
'John Alleyne', schr, ii. 258. 
John Chief, actions of, attacks troops, 
ii. 406-9; surrender of, 410. 
John Day mine, discovery of, ii. 479; 
suffering at, 484. 
Johnson, .Miss Elvira, arrives Or., i. 
156; work at mission, i. 160; at 
Lapwai, 648. 
Johnson H., chaplain of house, ii., 72; 
school trustee, 78; signs memorial, 
127; of anti-slavery party, 359; 
promulgates rep. doct'ns, 418. 
Johnson, J. \V., Pres. of University, 
ii. 690. 
Johnson, James, biog., i. 627; school 
trustee, ii. 683. 
Johnson, Neill, Presb. minister, ii. 
682. 
Johnson, 'Vm, views on gov't, i. 295; 
high sheriff, 1843, 297. 
Johnson, 'V. Carey, of anti-slavery 
'Jackson,' ship, wrecked, ii. 
oo. party, ii. 359; promulgates rep. 
Jackson co'ty, organized, ii. lö6; cre- doct'ns, 418; nominated pros. atty, 
ated, 533; hist. of, 712. 637; Liog., 637-8; of Senate, 1866, 
Jackson creek, gold discovered, ii. 186. GG6. 
Jackson, Capt. James, Com'J. atFort 'Jo Lane', revenue cutter, ii. 488. 
Klamath, ii. 563; in l\1odoc war, Jones, John, explor, party, i. 544; 
574, 622, 628. meets immigrants, 5G2. 
Jackson, Pres., interested in colony, I Jones, J. K., killed by Inds ii. 373. 
i. 369. Jones, J. 'V,. in immigrant party, 
Jackson, John R" biog., i. 463. 1859, ii. 463. 


J 



Jordan creek, acts of Inds on, ii. 501. 
J orc.lan, 
I. :\1., kiLled, ii. 501. 
Joseph, Chief, acts at council, ii. 336 
-5. 
'Josephine', brig, ii. 48; wrecked, un. 
Josephine Co'ty, established, ii. 413; 
hist, of, 753-4, 
Jourdan, wIth Farnham's exped., 227. 
'J oven Guipuzcoana', bark, ii. 23. 
Judiciary, ways and means, 1842, i. 
30-1; reorgani7ation, 605. 
Judicial dist's, arranged, ii. 73-4, 164, 
254; division of, 297; re-distributed, 
308. 
Judò50n L. H., missionary, i. 177; 
trustee Or. Institute, 202; death, 
1880, 223; magistrate, 304; legisla- 
ture, 307; mill-race, 440. 
'Juliet', schr, wrecked, ii. 203. 
Juliopolis, Red river, i. 315. 
Jump Off Joe creek, fight at, ii. 387. 


K 


Kaiser, P. C., bibliog., i. 398. 
Kaiser, T. D., Sec. and Capt. Or. 
rangers, i, 283; leader immigr:tnt 
party, 303; biog. and bi11iog., 398; 
first to arrive at Dalles, 408; memo 
provo gov't, 428, 431. 
Kalispelms, mission founded among, 
i. 327. 
Kamehameha, iii. treaty with, i. 178. 
Kamiah, missionaries at, i. 137 -8; 
mission, 331-2. 
Kamiakin, Chief, acts at council, ii. 
364-5: 
Kane, Paul, work, i. 599. 
Rasas, execution of, ii. 80. 
'Kate Heath', brig, ii. 180. 
Kautz, Lt., at Fort Orford, ii. 233; in 
expec1., 313; fight with Inds, 374. 
Kearney, Bvt Maj, of mounted rifles, 
iÏ. 81; exped. against Inds, 223-32. 
Keath, F" killed by lnds, ii. 315. 
Keeler, G, 'V., Representative, 1860, 
ii. 452. 
Kpalle creek; named, i. 546. 
Keene, Uranville, killed by lnds, 371. 
Keene, 'Vrn, murder by, trial, ii. ]36. 
Keintpoos, see' Capt. Jack.' 
Kelley, Hall J., arrives, i. 17, 89; on 
term Oregon, 22-3; advocates miss. 
labors, 56; prominence in settle- 
ment, 67-70; plan of city, 69; pur- 
pose, 89; adventures, 89-00; bad 
report of, 91; relation to H, B. Co., 
91-4, 99; leaves Or., 94; on Or. 
question, 365; emigration scheme, 
367; poverty of, 369. 
OR, II. ÓO 


INDEX. 


785 


Kellogg, Orin, biog., i. ';:52. 
Kellogg, Orrin, biog., i. 528. 
Kelly, Rev. Clinton, biog., i. 752. 
Kelly, with Farnham's Or. exped., 
228. 
Kelly, James K., commissioner to 
prepare laws, ii. 130; in explor. 
exped., 176; biog., ]82; of council, 
1833-7, 323, 340,413, 417; of con- 
stitutional convent., 42;
; U. K 
att'y, 443; senator, 18ÜO-3, 432, 
638. 
Kelly, John, at Cal. mines, ii. 185; 
register of lauds, öüo. 
Kelly, \V m, capt. of Or. vols, ii, Mil; 
at Ft Vancouver, 532; in blodoe 
war, 585-9. 
Kelsay, Col, in fight at the :Ueadows, 
ii. 402. 
Kelsay, John, of const. convention, 
ii. 423. 
Kendall, Thoa Simpson, biog., i. 530; 
of anti-slavery party, ii. 339; del. 
to convention, 418; school trustee, 
682. 
Kendall, 'Ym, murder by, trial, ii. 
155, 156. 
Kenny, D. M., favors new ter. scheme, 
ii. 255. 
Kennedy, Ezekial, destitute, i. 546; 
biog., 571. 
Kennedy, I., in Ind. exped., ii. 313. 
Keplin, Capt., on Or. coast, i. 94. 
Kesner, Chas, in Snake river massa- 
cre, ii. 472. 
Kester, T., murder of, ii. 523. 
Keyes, :l\Iorgall, biog., i. 528-9. 
Keyes, Rohert C., deposition about 
Cal., i. 532. 
Kiamasumpkin, murder by, ii. 9-1; 
trial and execution, 96-100. 
KilLorne, R. L" with Farnham's ex- 
ped., i, 227, 237; ship-building, 247. 
Kilborne, \Vm, on Columbia, i. 414; 
treasurer, ü06; ii. ü3; of Or. Ex- 
change Co., 54; signs memorial, 1 '27. 
Killin, John, bing., i. 531. 
Kimhall, 
Ir anù l\1rs, at 'Vaülatpu, 
i. ü41. 
Kincaid, R. H., author of peace com- 
mis., Ïi. 595. 
King, Alex" expecl. of, ii. 
05. 
King, T, Butler, established Port Or- 
ford, ii. 193. 
King, 'V. )1., of H. of Rep., 1850-1, 
1837-8, ii. 142, lül, 429; hiog., 143; 
notary, 298; port surveyor, :
09. 
Kingsley, Calvin S" trustee of univer- 
sity, ii. 200; l\leth. preacher, ö77. 
Kinney, A., arrival of, ii. 139. 



786 


Kinney, Charles, actions in 'Albion' 
affair, ii. 105, 106. 
Kinney, R. C., biog., i. 633; of H. of 
Rep., ii. 72, 158; trustee of Or. 
academy, 168; of const. cony, 423. 
Kinsey, T. S., biog., i, 6
6. 
Kip, Lieut Lawrence, at Ind. council, 
ii. 362; works of, 362, 363. 
Kirkpatrick, I. 
I., in com'd at Port 
Orford, ii. 19
; attacked by Inds, 
194; of assembly, 429. 
Kistler, Lieut A. C., at Camp Watson, 
ii. 532. 
Klamath co'ty, hist. of, ii. 714. 
Klamaths, the, treaty with, ii. 506; 
advancement of, 562; in Modoc war, 
577-89. 
Kliketats, missionaries among, i. 181; 
insolence of, ii. 67. 
Kline, Jacob, on grand jury, ii. 354. 
Klokamas, murder, by, ii. 94; trial 
and execution, 96-100. 
Knapp, Capt. O. C., Ind. agent, ii. 
559; relieved, 563. 
Knapp, Rich. B., biog. of, ii. 719. 
Knaust, Charles, killed on the 'Ga- 
zelle, 'ii. 340. 
Knighton, H. lVI., biog., i. 576. 
Knott, A, I., in Caruther's land affair, 
ii. 288. 
Knox, Samuel, in survey exped., 11. 
248. 
Kone, 
1rs, missionary, i. 177; at 
Clatsop miss., 187. 
Kone, Rev. 'V. 'V., missionary, i. 177; 
at Clatsop miss., 185-7. 
Kyle, Lieut I. G., in Modoc war, ii. 
581-4. 


L 
Ladd, W. S., biog. of, ii. 764. 
La Dow, Geo., elected to congress, 
biog., ii. 675. 
Lafayette, founders of, ii. 251. 
Laggett, Jonathan, biog., i. 528. 
Lake co'ty, hist. of, ii. 715. 
Lamhert, David, del. to convention, 
1857, ii. 418. 
Lamhert, G. 'V., of anti-slavery party, 
ii. 359. 
Lamerick, John K., learler of exped. 
against Ind., ii. 241; elected. brig.- 
gen., 389; campaign of, 402-3; in 
confe(l. service, 456. 
Lancaster, C., returns from Camp Co- 
lumbia, i. 258; leaves for Cal., ii. 
47; supreme judge, resigns, 63; 
mem, of council, 158. 
Land, laws relating to, i. 311, 477-8; 
ii. 260-95. 


INDEX. 


Land claims, com. 1842, i. 304; dis- 
putes regarding, 459-60; contirma- 
tion asked, 607. 
Land grants, petitions for, i. 367; 
acreage to male adults, 374. 
Lane co'ty, established, ii. 150; mil- 
itia of, 386; hist. of, 715. 
Lane, Joseph, governor, off'l actions, 
1849-50, ii. 66-100; resigns, 98; del. 
to congress, actions, 153-4, 206, 
299-310, 355-8, 419; exped. against 
Inds, 219-22, 315-20; lieut-col of 
militia, 325; of Coos Bay Co" 332; 
decrease of popularity, 439; aspires 
to presidency, 447; disloyalty of, 
455-6; death, 456. 
Lane, L. F., of assembly, 1864-5, ii. 
665; ejected to congress, 670. 
Lane, Nathaniel, biog., ii. 98; claim 
of, 321; enrolling officer, 390. 
Lane, Richard, justice of peace, i. 612; 
co'ty judge, biog" ii. 62. 
Lapwai, miss, built, i. 136; threatened 
attack on, 268; Inds hostile to, 330; 
description of, 336-7; abandoned, 
341; assistance for, 345. 
Laramie, discussion as to site of mili- 
tary post, i. 376. 
La Rocque, George, biog., i. 636-7. 
Lashmutt, Van B. de, mention, ii. 749. 
Laughlin, Samuel, biog., i. 635. 
'Lausanne,' ship, i. 171, 177-8, 182, 
184, 197, 237, 254. 
Lava beds, Ind. fight at, ii. 539-45; 
1\lodoc war, 583-627. 
Laws under H. B. Co., i. 47-50,235-6; 
requirements of, 292, 310-11; free- 
dom, 307; compilation of, ii. 149. 
Lawrence, Hy., killed by Inds, ii. 395. 
Lawson, James S., in surveyexped., 
biog., ii, 249. 
Lawyer, Nez Percé chief, i. 133; 
shrewdness, 336; actions at council, 
ii. 36.1-5. 
Leary, Lieut P., in
Iodocwar, ii. 619. 
Le Bas, arrives in 1847, i. 326. 
Le Breton, Geo, 'V" with 'Yhite, 1843, 
i. 275; killed, 282-3; clerk, pub. re- 
corder, 294; sec. at Champoeg con- 
vention, 303; clerk of court, 304; 
nomination, 312. 
Leclaire, Guillaume, on Umatilla, i. 
327-8; deacon, 654, 
Lee, Barton, memo P. L. L. C., i. 297; 
justice of peace, 612; left for Cal., 
ii. 47. 
Lee, Daniel, character, i. 56-8; mis- 
sionary, 60-5, 73; builds miss., 78- 
80; visits Hawaiian is!., 84; at 
Willamette miss., 154, 159, 230; at 



the Danes miss., 163-6, 190, 242; 
meets Sutter, 165; marries, 182-3; 
at Clatsop miss" 185; proselyting, 
320; on 'Yhitman, 343. 
Lee, E. Trumrell, Presb. minister, ii. 
681. 
Lee, H. A. G., character, i. 455; legis- 
lator, 1845, 472, 474, 481, 493; edi- 
tor, 575; com'd Or. army, 730, 732; 
supt Ind. affairs, 730-2; resigns, ii. 
62. 
Lee, Jason, character, i. 56-8, 61-3, 
214, 220-1; miss. trip to Or., 59-65, 
73; builds miss., 79-80; miss. work, 
81, 160; relation to Kelley, 94; 
meets U. S. agen t, 102; meets 
Parker, 113; receives 'Vhitman's 
party, 135; 'Villamette cattle co., 
140-3; marries, 159; as a colonizer, 
166-8, 184, 190-8, 201-18, 22ö; me- 
morial to congress, 168-9, 172-7 ; 
goes east, 169-78, 183, 318-20; ùeath 
of wife, 170; again marries, 177, 
183; censured, 183; supt of missions, 
190; ii, 677; among the Umpquas, 
i. 192-6; quarrel with 'Yhite, 196- 
7; trustee Or. institute, 201-2; dis- 
pute 'Yillamette falls, 203; duplicity 
Or. city claim, 214-16; opposes l\Ic- 
Loughlin, 215-18; superseded as 
supt, 218; death, 220; at'Villamette 
miss., 230; meets 'Vilkes, 246; on 
Or, question, 372. 
Lee, Nicholas, biog., i. 753; school 
trustee, ii. 678. 
Lee, 'Vilson, biog., i. 571-2. 
Leese, J. p" in S. F. bay, i. 144; Or. 
pioneer, 266. 
Leggett, Thomas, co. assessor, i. 612. 
Legislature, first meeting, i. 305; ju- 
diciary laws propose(l, 306-10; pro- 
ceedings, 427-45, 680-1; Ii. 58-63, 
72-9, 141-72, 206-8, 322-9, 340-54, 
413-15, 417-18, 429-30, 436-R, 443- 
4, 452-4, 475, 637-76; oath, i. 473; 
power, 475-6; act for raising army, 
680-1; criticism on acts, ii. 54, 55; 
Ílrst meeting; amendts., 1887, 762. 
Leisler, James, claim of, i
. 321. 
Lemon, John, hiog" i. 527. 
Lennox, David, T,. biog., i. 421; 
school trustee, ii. 684, 
Leonard, shooting scrape; ii. 37. 
Leonard Sam'l, murder of, ii. 523. 
Le
lie, Aurelia, death, i. 200. 
Leslie, Rev. D., at 'Villamette, miss" 
i. 161; on school com., 201; trustee 
Or. Institute, 202; names Salem. 
222; justice of peace, 2:
6; chairman 
at public meeting, 293; attempts 


INDEX. 


787 


revival, 320; chaplain of council, ii. 
72; university trustee, 299; 
leth. 
preacher, 677. 
I.Jeslie, Satira, marriage, death, i. 
] 90-200. 
'L'Etoile du Martin, 'brig, i. 326; ii.48. 
Lewes, J. L., appearance, character, 
i. 38. 
Lewis, C. H., biog. of, ii. 764-5. 
Lewis, co'ty, IlaJl
ed, i. 493; created, 
538; E. limits defined, ii. 166. 
Lewis, H. C., of court convention, ii. 
423. 
Lewis, James, settler, i, 458. 
Lewis, Joe, informs Indians of con- 
spiracy to poison, 1. 652-3. 
Lewis, 'V. B" in fight with lnds, ii. 
377-8; capt. of vols, 379. 
Lewiston, founding of ii. 482. 
Libraries, hist. of, ii. 694. 
Ligh t Houses, ii. 248. 
Limerick, L.. del. to convention 1857, 
ii, 418. 
Lincoln, Abraham, offered governor- 
ship, declined, ii. 139. 
Lindsay, J. J" biog., i, 754. 
Linenberger, l'avid, biog., i. 753. 
Linn city, named, i. 536; co'ty seat, 
ii. 151; flood at, 483; hist. of, ii. 
715, 716, 
Linnco'ty, hist. of, ii. 715-16. 
Linn, Lewis F., presents Or, memor- 
ial, i. 176; bills of, 217-18, 372-81; 
on Or. question, 349; occupation 
Or. ter., 370; biog., 381. 
Linnton, named, i. 415. 
Linnville, Harrison, leads immigrants, 
i. 559; legislator, ii. 58; school fund 
commis'r, 299; R. R. commis'r, 606. 
Lippincott, wounded, i. 561. 
Liquor, laws regarding, i. 249. 281, 
437, 537-9; efforts to suppress 
traffic, ii. 37. 
Literature, hist. of, ii. 691-2. 
Little, Anthony, favors new ter. 
scheme, ii. 255. 
Little-Dalles, shipwreck at Falls, 
1838, i. 316. 
Littlejohn, P. B., missionary, i. 239- 
40, 244; with 'Yhite, 268--9; drown- 
ing of son, 272; tour, 342; 'Llama,' 
ship, i. ]43, 144, 201. 
Lloyd, .r ohn, biog., i. 529. 
Lloyd, ,Yo "T" hiog., i. 529. 
Loan, negotiation, i. 671; corre
pon- 
dence, i. 672-5. 
Loan Commissioners, petition people 
-amount ohtained, difficulty in 
ohtaining_ cash, i, 675-6. 
Locke, A. N., biog., Ì. 635. 



788 


Lockhart, F. G., of Coos Bay co., ii. 
332; of const. convent., 423; of H. of 
rep" 666, 67l. 
Locktrig, L., killed by Iuds, ii. 315. 
Logan, David, att'y, ii. 158; of H. of 
rep., 349; of const. convent., 423; 
nominated for congress, 446; de- 
feated, 669. 
Long, J. E., sec. of House, i. 429, 
496; biog., 429; director Or. Print- 
ing assoc., 536. 
Long, Sylvester, drowned, ii, 396, 
, Loo-Choo,' ship, wrecked, ii, 300. 
Looking Glass Chief, act at council, 
ii. 364-5, 
Looney, l\Iiss, presents flag to Or. 
rangers, i. 583. 
Looney, Jesse, leader immigrants, i. 
394; death, 421; legislator, 604-5. 
Lop-ears, term for Oregon settlers, i. 
19. 
Lord, Corp. 'V m C., killed, ii. 424. 
Loring, ,Yo 'Y., Brev. Col, com'd of 
mounted rifles, ii. 8l. 
'Loriot,' brig., i. 100-1, 140, 142-3, 
154, 
Lost river, named, i. 54B. 
, Lot 'Vhitcomb,' steamer, hist. of, ii. 
235. 
Loughborough, John, leaves emigra- 
tion 1843, i. 397. 
Louisiana Co., emigration, i. 369. 
Louis Philippe, King of France, 
grants money to Blanchet, i, 326. 
Lovejoy, A, L., escapes Sioux, i. 260. 
overland journey 1842, 343; meets 
immigration, 398; biog., 415; memo 
pro\'. gov't, 428; candidate for gov., 
471-2; loan commisr, 671-6; elected 
adj. gen" ß80; left for Cal., ii. 47; 
H, of rep., 58, 71, 349, 417, su- 
preme judge, 63; speaker of House, 
72; school trustee, 78; memo of 
council, 161,296; postal agent, 309; 
of const. convent., 423; commis. 
gen., 438; pension agent, 459; di- 
rector Or. Cent. R. R., 699; founded 
Portland, 717. 
Lovelady, Presley, in Ind, exped., ii. 
224. 
Lovelin, 1Ir, kills Indian, i. 561. 
Lowe, Dan, killed on the 'Gazelle,' 
ii. 340. 
Luce, H. H., settler at Coos bay, ii. 
:{34. 
Lucier, E., guard to missionaries, i. 
113; on gov't com" 297, 301; meets 
R. C, priests, 317. 
Luckiamute, the, treaty with. ii. 21l. 
Luùcrs
 ou ColulnLia
 i. 420. 


INDEX. 


Luders bay, named, i. 420. 
Luelling, Henderson, biog., i. 637. 
Lugenbeel, l\Iaj., com'd at Colville, 
ii. 488, 
Lugur, }i'., leaves emigration 1843, i. 
397. 
Lumber, trade, i. 353; ii. 726-9, 758-9. 
Lupton, I. A., favors new tel'. scheme, 
ii. 253; massacre by, 372; of H. of 
l'ep., 1835-6, 414; death, 4]4. 
Lutheran church, hist. of, 687-8. 
Lyman, in explor, exped., ii. 176. 
Lyons, James, in fight at lava beds, 
killed, ii. 344. 


M 


1facey, 'Vm, exped. of, ii. 305. 
1\Iack, settler, bibliog., i. 423. 
Mackenzie, map, i. 22. 
1Iackie, Peter, 1st mate of'S. Rob- 
erts,' ii, 176. 
Macleary, Donald, hiog. of, ii. 719. 
:l\Iacomber, Lt Geo" A. A. insp. gen. 
Columbia dept, ii. 531. 
11adigan, Lt John, in fight at lava 
beds, killed, ii, 352, 544. 
, Madonna,' ship, i. 245; ii. 48. 
1\1agruder, E. B., hiog., i. 469. 
Magruder Theophilus, associate 
judge, i. 430; biog., 469; of Or. 
Exchange co., ii. 54; sec. of terr., 
63. 
:Maguire, Jerry, hiog" ii, 396. 
:Mahoney, Jeremiah, murder of, ii. 
136. 
:l\1ails, facilities for, ii. 29-30; peti- 
tions for, 436. 

Iail service, efforts for in congress, 
ii. 186-91; ocean, 302; appropria- 
tions for, 328. 
, l\Iaine, , whaler, wrecked, ii. 24. 
:Major, Dan G., contract of, ii. 649. 
, l\laleck Adhel,' ship, iI. 248. 
l\1alheur 1Its, hardships on, 1845, i. 
512-14. 
l\Ialheur river, gold discovered, i. 
512. 
11allory, Rufus, of H. of rep., 1862- 
3, ii. 636; elected to congress, biog., 
669. 

Iann, S, S., in explor. exped" ii. 
176; wreck master, 299; settler at 
Coos Bay, 334, 
Manson, Donald, at Ft George, i. 29; 
life as a fur trader, 40-1. 
1\lanufactures, hist of, ii. 726-38. 
Marion co'ty, raises co., i. 702; hist. 
of, ii. 716-17. 
:\larine Gazettc l newspaper, i. 575. 




1aps: forts in Or" 1834, i. 12; Car- 
ver's, 20; Cooke's, 23; ßI ackenzie's 
22; Payne's, 24; Parker's travels, 
120; Clatsop country, 186; Umpqua 
river, 194; Rogue river and Umpqua 
val, ii, 380; Idaho camps and 
forts, 513; E. Or. camps and forts, 
516; :Modoc country, 560. 
1\1atherman, A., in Snake river mas- 
sacre, ii. 472. 
l\Iarks, John, biog" i. 627. 
l\Iarks, 'V m, of anti-slavery party, 
ii. 350; del. to convention, 418. 
:Marple, P. B" of Coos bay co., biog" 
ii. 331. 
Marriages, in 1838, i. 318; laws re- 
lating to, 309, 436-7; in 1846-8, ii. 
38-9, 
l\Iarshall, J. 'Yo discovers gold, ii. 42, 
43. 
:Marshall, 
Iaj. L. R., cornel, of Ft 
Boise, ii. 510; expecl., 520; defeat 
of, 52l. 
:Martin, F. B" of H. of rep., 1852, ii. 
296; favors slavery, 422. 
l\Iartin, H., memo for Cal. govt ar- 
rived ] 840, i. 301. 
:Martin, Hy, expecl. of, ii, 479, 
l\Iartin, James P., exploring party, i. 
532, 
:Martin, 'Ym J., pilots immigrants, i. 
400; of H. of rep., 1848-9, 185:
4, 
ii. 58, 50, 323; col of militia, 323; 
pursuit of lnd.s., 326; maj. of vols, 
386. 
:Martin, 'Villiam, unfair treatment, i. 
730. 
, ßIary,' steamer, ii. 480. 
':Mary Dare,' ship, ii. 43; seizure of, 
107. 
, 'Mary Ellen,' hrig, ii. 48. 
, :Maryland,' ship, i, 186, 244. 
, )1ary 'Vilder,' brig, ii. 48. 
l\Iason, Gen. E. C., acts in 
Iodoc 
war, ii. 582, 591-619. 
l\Iasonic lodges, charters, ii. 30-31, 
415. 
l\lassachusetts, interested in Or., i. 
367, 
, 'Massachusetts,' ship, ii. 60. 
ßlassey, E. L., biog., i. 754; enrolling 
officer, ii. 309. 
ßlatheney, Daniel, leader immigrant 
party, i. 394; biog., 42l. 
l\latheney, Henry, biog" i. 421. 
ßlatilfla, interpreter, ii. 30R, 590. 
l\Iatlock, ,Yo T., of H. of rep., ii. 72, 
143, 158, 206; lihrarian, 79; del. to 
convention, 418; receiver of land- 
office, 438. 


I
ì) E...'X:. 


789 


1\latthews, F. H., district judge, i. 
496. 
:\latthieu, F. X., biog. and biLliog., 
i. 239; constable, 304; presd't Pion. 
Soc., ii, 693. 
)Iattice, F. D., death of, ii. 370. 

Iattock, 'V. S., c ' .rcuit judge, ii. û3. 

Iattock, 'V. T., nominated U. 
. 
senator, ii. 639, 

Iatts, Chas, ship-building, 247. 
",latzger, 'V m, of const. convention, 
ii. 423. 
:Uaupin, Howard, attack on Inds, ii. 
534. 
)Iaury, R. F., It-col of Or. vols, ii. 
491 ; sent on eXl'eù., 493; nomi- 
nated U. S. senator, 630. 

Iaxon, Capt., assumes command Or. 
army, i. 723. 
:\Iaxwell, H., at Fort Vancouver, i. 
42. 
:May, Sam'! E" sec. of state, ii. 637; 
crime of, 630, 670-71. 
'ßlary Dacre,' ship, i. 14, 15, 63-4, 
112. 
,Maynard, Ro1/t, crime and execution 
of, ii. 156. 
::\IcAlIister, Indian mission, i. 55. 

lcArthur, Lt \V., ill survey expe(l., 
ii. 190. 
:McAuley, Dr, miss. meeting', í. 3g: 

IcBean, 'Y., in charge at Ft 'YalIa 
\ValIa, i. 42, 642; assists tho;se es- 
caping massacre, 6(H. 
1\1 cBriùe, Geo, \ V ., sec. of state, ii. 7 GO-I. 
::\1 cBride, J ame8, biog, , i. 630- ]; ld t 
for CaI., ii, 47; supt of school
, 
79; supports Gov. Lane, 9:3; of 
council, 142; trustee Or. academy, 
167; exped. of, 479. 
::\fcBride, John R., rlel. to convention, 
ii. 418-23; senator, ]860- 3, 4.J
, 
638; nominated for cOligres8, (j
7. 
l\lcFaJdon, Jno., joint Lri
kmaker, i. 
328. 
)lcCal1, I. M., of anti-slavery party, 
ii. 359. 
:\IcCarver, 1\1. Iv!., incident as leader, 
i. 400; biog., 415; memo prov. gm-t, 
427; speaker of hou:,:>c, 428, 472-4;
; 
act regarding organic law, 4S3--1
!I: 
resign8 speakership, 488; left for 
CaI., ii, 47; COJIl. -gen. of 11lili tia, ii. 
323. 
11cClane, J. B., biog, an(1 hihliog., i. 
398: descelltls the 'Columllia, 40;; 
eX}Jlor, party, 532; p08t-master, ii. 
187, 

IcClel1an<l, R. R., of allt!-slavery 
l'arty, ii. 33R 



790 



IcClosky, John, signs memorial, ii. 
127. 

IcCluchy, Geo., killed by lnds, ii. 
395. 
1\IcClure, I. R" of anti-slavery party, 
ii. 359. 

IcClure, John, biog., i. 266-7; legis- 
lator, 473, 481; in charge of Shark 
hou8e, 588. 

lcCormick, Rev. P. F., biog., i. 634. 
1\lctJormick, S. I., of const. conven- 
tion, ii. 423. 

lcCoy, Jno., of anti-slavery party, 
ii. 359. 

IcCracken, John, chief clerk of 
house, ii. 323; It-col of militia, 32;5; 
of O. C. R. R., 698. 
:McCrary, Richard, distillery owner, 
i, 28l. 
1\lcCue, Felix, drowned, ii. 396. 
:McCully, H. F., of anti-slavery 
party. ii. 359. 
1\f cCullock, Perry, exped. of, ii. 479, 
:McCullough, Pat, killed by Inds, ii. 
395. 
1\lcCurdy, I, D., in Ind. exped., ii. 
313. 

lcCurdy, John, hiog., ii. 714. 
1\IcDonald, A., at Ft Hall, i. 42; at 
Ft Colville, 122; with "\Vhite's 
party, 261; legislator, 604-606. 
1\lcDonald, Harley, biog. of, ii, 725. 
1\J cDougal, guide for immigrants, 1845, 
i. 51l. 
:McDowell, Gen" requisition for cav- 
alry, ii. 510; app't'd to com'd of 
Pa'c dist, 510-1l. 
:McEldery, Dr
 in Green's exped., ii. 
574. 
1\lcFaùden, O. B., associate judge, 
biog" ii, 307, 308. 
l\lcn-ee, Michael, killed on the 'Ga- 
zelle, , ii. 340. 
:McIntire, A., favors new ter. scheme, 
ii. 
35; of H. of Rep., 1854-5, 349. 
l\lcInt08h, Archie, expe<l. of, ii. 537. 
:McKay, murcler by Ind. at Pillar 
rock, L. Col., 1840, i. 292. 
1\IcKay, Donald, in com'd of scouts, 
ii. 497; acts in Modoc war, 586, 587, 
615, 625. 
1\lcKay, Nancy, marriage, i. 159; 
death, i. 160, 
:McKay, Thos, farmer, i, 15; at Ft 
Vancouver, 33; character, 33-4; at 
)1
t Hall, 62; with missionaries, 131- 
3; explor. party, 532; raises co., 
702; pilots co, to Cal., ii. 44. 
McKay, 'v. C., app't'd to raise Ind. 
co. , ii. 531. 


INDEX. 


:ì\IcKean, M. M:., of assembly, 1866, 
ii. 666. 
:McKean, S. T., biog" i. 636, of COUll- 
cil, ii, 71, 142. 
:McKinlay, A., at Ft'Valla 'Valla, i. 
35, 334, 642; address to Nez Perces, 
269-70; advice to V{hitman, 342; 
gallantry, 345; signs memorial, ii. 
127. 
McKinney, T., 1Ieth. preacher, ii. 
677. 
11cKinney, 'Yilliam, biog., i. 634; at 
Dalles, 667. 
1IcLane, David, killed on the 'Gá.- 
zelle,' ii. 340. 
l\lcLeod, D., arrives Oregon, death, i. 
4l. 
l\lcLeod, John, in Ind. exped., ii. 240. 
l\.IcLoughlin, John, at Ft Vancouver, 
i. 7-10, 28-9, 52-3; appearance, 29- 
30; character, 30, 42-5; authority, 
48-50; marriage, 52; receives Lee's 
exped.,63-4; plan of Or settlement, 
67; relations towards Young, 91-5, 
97-9; policy to settlers, 97; policy 
to U. S. agents, ]01-3; receives 
missionaries, 112, 131-5, 154, ]84; 
aids "\Villamette cattle co., ] 41; Or. 
city claim, 203-18, 223-4, 311; ii. 
125-7; charges against, i. 207-8; 
meets Farnham, 230; attitude to 
miss. settlers, 233; opposes ship- 
building, 247-8; visits Cal., 251; 
treat of Red River settlers, 252; 
aids 'Yhite's party, 264; opposes 
lnds, 275; advice to Inds, 277; 
views on Cockstock's killing, 283-4; 
position on govt formation, 297; 
joins R. C. church, 322; store in 
Or, city, 326-7; treat of immigrants, 
410-11, 416, 456-7; canal right, 
440; treat by legislature, 443; op- 
position to, 464-5; joins })olitical 
compact, 493-6; resigns from H. B, 
B. Co., 505; financial troubles, 506; 
citizenship of U. S., 506; retired, 
598; claims trespassed upon, 610; 
witness at. Ind. trials, ii. 97; injus- 
tice to, 123-7; death of, 130; por- 
trait at Salem, 1887, 7ö3-4. 
McLoughlin,J ohn,jr, death, i. 3(;-7,236. 
McLoughlin, l\laria E., marries Rae, 
i. 36. 
MclHahon, Richard, signs memorial, 
ii. 127. 

lcl\Iinnvil1e college, origin of, ii. 
684. 
1\lcNamara, Serg't John, in :Modoc 
war, ii. 588. 
MeN amee, lvIrs Hannah, biog., i. 528. 



McNamee, Job. biog, i. 528. 
:McNary, Laodicea, biog., i. 53l. 
:McTavish, Dugal, at Ft Vancouver, 
i. 42; County Judge, resigns, ü. 
6" 
:Meadows, Joseph, exped. of, ii. 305. 
:Meacham, Sup't, official acts of, 552, 
558-67; relieved, 567; come to :Mo- 
docs, act of, 595-612; woundeù, 
612; at trial, 635. 
:Meacham John, Ind. agent, ii. 563; 
report of, 565. 
:Meara, Serg't, in fight at lava beds, 
killed, ii. 542, 544. 
:Measles, dp.vastating, i. 648-50, 653. 
:Meek, Joseph L., biog" i. 244; cham- 
peog convention, 303-4; sheriff, 304; 
marshal, 497; memo of leg., 604; 
messenger to congress, 676-9, 756; 
debut at 'Vash., 757-8; acts in Al- 
bion affair, ii. 10;); col of militia, 
325. 

Ieek, S. H. L., founds Oregon city, 
i. 20;); meets "Vhite's party, 258; 
guide, 512; life threatened, 513-15; 
petitions for road charter, 532. 
Meek, 'Villiam, biog., i. 637. 
]\tleigs, C. R., of court convention, ii. 
423. 

1enes, Captain, biog., i. 326-7. 

Ienestry, Father, arrives in 1847, i. 
326. 
Mengarini, on term Oregon, i. 19. 
, Mercedes,' ship, ii. 48, 
Merritt, F. 'V., in Inù. exped., ii. 
240. 
Merrill, Ashbel, biog., i. 637. 
:Merrill, Joseph, biog., 2. 635-6. 

lesplie, T., arrives in 1847, i. 326. 

fetcalfe, R. B., in Ind, exped" ii. 
316; claim of, 321; Ind. agent, 360. 
Methoùist church, missionaries, acts 
of, i. 54-65, 154--83, 184-225; affairs 
investigated, 219-21; 'Vilkes visit 
miss, 247; missions, descript., of, 
292-3, 31I, 660; 'Vhitman purchases 
miss, 644; hist. of, ii. 677-8 
Military Posts, location, object, i. 
374-6; opinion for establishing 381; 
established 1848-50, ii. 83-7. 

lilitary reservations, declared, ii. 
89-92; U, S. court decision, 91. 
Grande ronde, 397. 
:Military roads, appropriations for, ii. 
75, 305-6, 436. 

Iilitar.r, situation, ii. 344-7. 
Militia, law enacted, ii. 324; organ- 
ized, 386 
Millar, ßlrs, injured on the 'Gazelle,' 
Ü. 340. 


INDEX. 


791 


:Millar, Rev. I. P., killed on the' Ga- 
zelle,' ii. 340. 
:Miller, C. H., in Ind exped., ii. 497. 
:Miller, G, J\;I., feunds Florence, ii. 757. 
:l\Iiller, H. F., conduct in J\;Iodoc af- 
fair, ii. 565, 569; death of, 576. 
Miller Island, mil. reser., 1850, Ïi. 89. 
)liller, Joaquin, works of, ii. 692. 
:Miller, Jacob 'Y., killed, ii. 383. 

IilIer, John F., of H. of rep., 1853- 
4, ii. 323: nominated Gov., 638; 
com. of board of agric., 661; Or. 
Cen t. R. R., 699. 

filler, John K., killed on the 'Ga- 
zelle. ' 
l\Iiller, John S., claim of, ii, 321; 
lieut of vols, 386; of H. of rep., 
1856-7, 417; school trustee, 685. 

1iller, Minnie 
I., works of, ii. 692. 
Miller, Rich., of council, 1830, Ïi. 
142; of const. convention, 423, 
Miller, 'Vm, del. to convention 1857, 
ii. 418. 
Miller, Lieut, 'V. fl., in Modoc war, 
ii. 589, 616, 622. 
l\lill Creek, 'Vaülatpu mission, i. 337. 
Mills, at Ft Vancouver, i. 9, 234; 
Chemeketa plains, 192; 'Yillamette 
falls, 203-8, 211-13, 217, 222. 
Mills, Y. I., killed by Inds, ii. 312. 
:Milton, founders of, ii. 252, town des- 
troyed. 
Mil ton Creek, mill on, ii. 50. 
, .Milwaukie,' schr, ii. 48. 
Milwaukie, founding of, ii. 2;)l. 
11ines, discovery of, John Day Pow- 
der river, ii. 479; hi
t, of, 738--44. 
Mining, hist. of, ii. 738-44; revival' of, 
products, etc., 754. 
Mint, question of, 1849, ii. 52-3. 

1into, J ohu, biog. and bibliog., i. 
451-2; joins Cal. exped., 679; of H. 
of rep., 1862-3, 1868, ii. 638, 66B. 
:Minto, 1Iartha, biog. and bibliog., i. 
451-2. 
Missionaries, labors of, i. 17, 54, 78- 
1:18, 1;)4--225, 318-30; agric. unùer, 
80-4, 192-3; women as, 125-38; ig. 
norance of hygiene, 190; opposed to 
'Vhite, 280; treat. ofimmigrants,4 16. 
)1issionary repuLlic, failure, i. 470-l. 
Missionary, wives, outrages upon, i. 
662-3. 
Missions, buildings, i. 78-80; un- 
healthiness of, 86; Calapooya, IG3; 
Clatsop, 18;); Nisqually, 188; 
Dalles, 190; diseases at, 190; land 
grabbers, 313. 
11ission Life Sketches, bibliographi- 
cal, i. 287. 



792 


:Missions, American Board of Com- 
missioners for foreign, plans for 
western work, i. 104. 
:Missouri, petition from, i. 375. 
:Mitchell, J. H., sen., 1862-5; ii. 638, 
665; U. S. sen., 667, 672; biog., 672; 
approp. for public works, 757. . 
, l\loJeste,' :F.nglish man of war, i. 
4-17, 499, 574, 587, 599; officers of, 
576. 
1\locloc, origin of name, ii. 555. 
l\lodoc lake, discovered, i. 547. 
1\lodoc war, 1864-73, ii. 555-636, 
1\lodocs, murders by, ii. 489; treaty, 
506; war, 1864-73, 555-636. 
1\loffat, killed by Ind., ii. 235. 
Ml)fras, Duflotde, visits Or., 250. 
1101allas, Inds, i. 282; treaty with, 
ii. 21l. 
1\lonmouth college, hist. of, ii, 687. 
1\lonroe, Pres., message Or. question, 
i, 361-2. 
:Monroe, E., attack on Inds, ii. 575. 
1\lonteith, Thomas, biog., i. 632; joins 
Cal. expect 679. 
l\1onteith, 'V. I., Presb. minister, ii. 
68l. 
:Monteith, 'Valter, biog., i. 632: joins 
Cal. exped., 679; scll. trustee, ii. 682. 
:Montgomery, J. Boyce, biog., ii. 705; 
purchase of Albina, etc., 752. 
1\Iontoure, George, exploring party, 
i. 532. 
Moody, Z. F., elected gov., biog., ii. 
675; administration of, 760. 
1\loore, Lieut, in Modoc war, ii. 588. 
:Moore, Andrew S., biog. of, ii. 713. 
1\Ioore, E., favors New ter. scheme. 
ii. 255. - 
l\1oore, George, hiog., i. 527. 
:Moore, Henry, expecl. of, ii. 479. 
:Moore, Jackson, leaves emigration 
1843, i. 3D7, 
1\loore, James H., in survey exped., 
ii. 248. 
:Moore, Rohert, with cattle co., i. 
145; hiog. 237-8; on gov't com., 
294, 30+; elected J. P., 312; pro- 
poses gov't seat, 536; purchases Or. 

pectator, 575; signs memorial, ii. 
127. 
:Moores, Isaac R., memo H. of rep., 
ii. 413, G38, 665; of cons't. conyen- 
tion, 423; Or. Cent. R. R., 698-9. 
l\lorgan, 'Ym. H., petition favoring 

lodocs, ii. 634. 
l\lorris, Capt., arrest of, ii. 103. 
1\Iorris, B. 'Vistar, hishop, ii. 686. 
:Morris,1\I, B., in Ind. exped., wound- 
ed, ii. 313. 


INDEX. 


Morris, Col. T., in com'd at Vancou- 
ver, ii. 460. 
Morrison, R. 'V., biog, i. 449; county 
treasurer, 612; memo H. of rep., 
1858, ii. 432. 
Morrow, G"ov., mention of, ii. 757. 
:Morrow county organized, ii. 757. 
Morse, David, jr., mention of, ii. 757. 
110rse, W. B., M eth, minister, ii. 677. 
1\lorton, S. E., rep., 18ßO, ii. 452. 
Moses, S. P. , colI, at Puget Sound, ii.l 08. 
110sher, L. F" favors New ter scheme, 
ii. 255; Senator, 1870, 671. 
l\losier, Alice Claget, biog. 
1\loss' Pioneer Times, MS" bibliog., 
i. 265. 
]\;loss, S, 'V., biog., i. 265; memo P. 
L. L. C., 297; signs memorial, ii. 
127; works of, 691. 
1\lott, C. H., Ind. commis'r, ii. 412; 
joins Confed. service, 456. 
'"Mountain Buck,' steamer, ii. 480. 
1\lountains, Or., 2-3. 
:Mount Baker, eruption, ii, 4l. 
:Mount Hood, ascent of, 1854, ii. 335. 
Mount Jefferson, first ascent of, 11. 
335. 
Mount St Helen, eruption, ii. 41. 
Mount Spencer, named, i. 484. 
Mounted riflemen, organization, i. 
578-9; bill to raise, 670-1; mem- 
bers, 671; flag presented, 672; ac- 
tions of, ii. 81-100; desertions from, 
88-9; departure, 100, 
1\1 ud Rprings, named, i. 550. 
1\1 ulligan, C" early settler, ii. 299. 
1Iultnomah Co'ty, created, ii. 354; 
hist. of, 717; value of prop. in, 753. 

lunger, A., Or. missionary, i. 238-9; 
character, death, 239-40. 
Munson, C. G., in Snake river massa- 
cre, ii. 472. 
11urphy, Pat, in explor. expedt., ii. 
197. 
1\iyers, John, in Snake river massa- 
cre, ii. 471. 
Myprs, Joseph, in Snake river massa- 
cre, ii. 472. 
Myrick, Mrs J., i. 37. 


N 


'N assau,' ship, ii. 202-3, 300. 
Natives, see Indians. 
Naylor, '1'. G., biog., i. 422, 571. 
Negroes, feelings against, i. 284; ex- 
pulsion of, ii. 157-8; acts relating 
to, ii. 66;)-6. 
Nelson, Thomas, hiog., ii, 155. 
, .Nereid' shi!>J i. 50, S6, 143, 234. 



Nesmith, James W., pion., '43, i. 393, 
395; character, 402; judge, 472; 
left for Cal., ii. 47; legislator, 58; 
trustee Or. academy, 167; U. S. 
marshal, 309; in IncL expeclt., 313; 
brig. gen. of militia,325; U. S. Sen- 
ator, actions, 453, 459, 674; R. R. 
commis'r, GHG. 
Newby, B. F., injured on the 'Ga- 
zelle,' ii, 340, 
Newcomb, Daniel, of co'ty convention, 
ii. 423; memo H. of Rep, , 423, 434; 
brig. gen., 438. 
New Dungeness, light-house at, ii. 
248. 
Newell, Rob't, legis. com., 1842, i. 
304; memo provo gov't, 1844, 428, 
431; legislator, 472, 474, 604:; ii. 
58; Or. printing assoc., i. 53G; left 
for Cal., ii. 47; Ind. sub. agen t, 70 
-1; representative, 452; leased pen- 
itentiary, G44; R. R. commiss'r, 
696. 
N ewmarket, settlement, i. 464. 
, Newport,' ship, ii. 333. 
New:5papers, started, 1850-1, ii. 147; 
political actions, 353-9; births at 
state admission, 448-9; excluded 
from mails, 492; number of, G92. 
Newton, 
Ir, murdered, i. 564. 
Nez Percés, missionaries among, i. 
Ill, 115-19; religious rites, Il6-18; 
threaten Lapwai, 268; council with 
\Vhite, 2G9-72; Spaulding's influ- 
ence, 330, 335; grammar made, 335; 
cattle, stock, 346; council with com- 
mis'r, 718-21; ii. 361-6; treaty with, 
366, 
Nichols, Serg't, attack on, ii. 547. 
Nichols, Benjamin, judge, i. 450. 
Nichols, H, B., of const. convention, 
ii, 423; of H. of Rep., 1858-9, 432, 
434. 
Nightingale, Gideon R., bio(!., i. 528. 
Niles, H., on term Oregon, i. 22; prop. 
\Yeekly Register, 378. 
Niles' \Veekly Register, bibliog., i. 
378. 
Nisqually, mission, i. 188-90; Inds at, 
319; attacked, ii. 67-9; fort near, 
70; port of delivery, 107. 
Nisqually Pass, explored, 1839, ii. 75. 
N ohih, Giovanni, arrives, July 1844, 
i, 325. 
Noble, Curtis, set. at Coos Bay, ii. 334. 
Noble, 
Irs. 
Iary A., hiog., i. 5
8. 
N oland, Rhodes, killed by Imls, ii, 312. 
Northup, Nelson, Liog., ii. :
:i:3. 
Norcross, A. I., mayor of Union and 
Auburn, ii. 483. \ 


INDEX. 


793 


Northern Pac. R. R., joint lease of O. 
R. & N. Co. 's line, ii. 74S; injunc. 
tion against lease, -; 4
)' 
North Litchfield Assoc. of Conn. send 
exped. to Oregon, 2:
8. 
Northwest Coast, term embraced, i. · 
1; U. S. territorial rights, 234. 
Notice bill, U. S. congo passes, i. 589. 
N ott, Joseph, trial of, ii. 156. 
Nourse, Geo" first settler in Klamath 
county, ii. 507. 
Nuns, arrival of, i. 325, 326. 
Nus, \Vm, death of, ii. 573. 
Nuttall, at Fort Vancouver, i. 16; 
expedt. to Or., 60, 83; names Or. 
flora, 86. 
Nye, Capt., in Columbia, i. 201, 422. 


o 


Oakland, laid out, 1849, ii, 180. 
Oakley, with Farnham's expedt., 227 
-8. 
Oatman, Harrison, wounded by Inds, 
ii. 371; lieut. of vols., 510; fight 
with Inds, 5
8, 529. 
O'Beirne, Capt., fight with Indians, 
ii. 530. 
Oblate, Fathers, mission to Yakimas, 
i. 3
7 -8. 
Ohlates of l\lary Immaculate, proceed 
to Or., i. 654. 
O'Brien, John, drowned, ii. 396. 
, OCEan Bird,' bark, ii. 48. 
Odd Fellows, dispensation for estab- 
lishing, ii. 31. 
Odell, 'V. H., surveyor gen., ii. 295. 
Odeneal, T. B., app't. supt. Ind. 
affairs, ii. 567; off'1 act in 
Iodoc 
war, 5G9-72; app't. peace commis'r, 
59G. 
Ogden, :Maj. C. A., in survey expedt., 
ii. 248. 
Ogden, P. S., character, i. 32; dis- 
covers Humboldt rh-er, 32; conÙls 
on Columhia, 59S; at \Yalla "
alla, 
673-4; rescues captives, liS3-9-;. 
O'Kelly, Kimrod, trial of, ii. 1,)6. 
Olcott, Egbert, see Smith :K oyes. . 
Olds, 'V., of const. convention, 11. 
4
:t 
Olinger, A., hiog., i. 421. 
Oliver, L \V" killed hy Inds, i.i 393. 
Olley, James, death, i. 
oo 
Olney, Cyrus, trustee of University, 
ii. 2fm; associate judge, 307; of 
const. convention, 4
3; memo H. of 
Rep., 6lW, 671; suhsidy IJill of, m)7. 
Olney, Kathan, Inù, agent, ii. 3GO; 
recruiting otliccr, 4U7. 



794 


Olympia, port of delivery, ii. 170; 
co'ty seat, 299. 
One-eyed J\lose, of Capt. Jack's hanù, 
ii. 576. 
O'Neil, James, in cattle expdt., i. 142; 
· converted,} 79; mem of co!. gov't, 
301, 304; judge, 312, 496; R. R. 
commis'r, 696. 
Ordinance, 1787, applied to Or., 1843, 
i. 313. 
Oregon, early extent, i. 1; geological 
division, 1-6; natural resource3, 4- 
6; climate, 4-5; ii. 40-1; society, 
1834, i. 9-10, 13-17; aùvcnt of mÏ3- 
sionaries, 16-17; name, 17-25; law 
under H. B. Co., 47-50; J\Ieth. 
mi3sionaries, 54-65; early settlers, 
6ß-77; 231-2 ; missionaries, 1834-8, 
78-103, 181-22.3; Presh. mission- 
arie
, 104-38; colonization, 154-83; 
evenk, 1839, 226-52; Belcher on 
232-3; Farnham'srept, 236; \Vilke;' 
visit, 216-9; U. S. claim to, 349-50; 
limits, 348-5; message of executive, 
429-30; land law provisions, 443-5; 
negro immigration, 437-8; necessity 
for better route, 542-3; war feeling, 
1846, 573-99; propositiion of Brit- 
ish, 580; fir::;t flag, 588; boundaries, 
591-4, 597-8; progress, 609; dis- 
gust with U. S. g
v't, 615-17; ship 
building, ii. 27; news of Cal. gold 
d
scovery, 42; effect of, 51; gold 
dIscovery, 1850-2, 174-204; cost of 
lnd, war, 320-1; state admittance, 
440-1; seal, 444; during war, 1861- 
5, 456-8. 
Oregon army, miserable condition, i. 
7
6; objections against, 727. 
Oregon and Cal. mission, organized 
1849, ii. 677. ' 
Oregon and Cal. R. R
 Co., charter 
granted, ii. 696; purchase of, 747. 
Or
gon cavalry, 1st, hist. of, 1860-3, 
11. 493. 
Oregon central military road co. ac- 
tions and grants, ii. 651, 653. ' 
Oregon Cent. R. R., hist., ii. 696-706. 
Oregon city, founding, i. 205, 207, 
211-12,.217-18; progress, 265; Mc- 

o
ghhn's cla.im, 311; bishop's see, 
321; first. hrick house, 328; jail, 
439, 619; Incorporated, 443; legis- 
!at
re at, 473, ii. 59; seat of gov't, 

: 0)36; post-office established, 614, 
11. 29; churches, 36; trial of Inds 
94-6; population. 1852, 251; flood: 
1861, 483; first church, 677; water- 
power at, 753. 


INDEX. 


'Oregon Democrat,' newspaper, iì. 449. 
Oregon's envoys, i. 754-67. 
Oregon i
fan
ry, 1st, organized, ii. 509. 
Oregon mstItute, founded, i. 201-3 
300; moved, 322; catholics offer t
 
purchase, 326; sale, 789-90. 
Oregon Pac. It, R., construe. of, ii. 749, 
Oregon pioneer assoc., object offi- 
cers, bibliog., i. 394. ' , 
Oregon printing assoc" principles, i. 
5:35-6; work done, ii. 31. 
Oregon provo emig. soc., organized, 
purpose, i. 174, 176, 373. 
Oregon R'y Co., purchased, ii. 747-8. 
Oregon R'y & Nav. Co., bridge and 
depot of, ii. 748; line of, leased, 748; 
injunction against lease, 749; exten- 
sion of lines, 750. 
Orcgon rangers, formation, i. 283; 
servo of, 284-5; flag presented, 583. 
Orcgon 'Spectator, 'newspaper, i. 484, 
575; suspended, ii. 43-4. 
Oregon 'Statesman,' news p a p er ii. 
147. ' 
Oregon Steam Nav. Co., organization 
of, ii. 480. 
Oregon Temperance Society, organ- 
ized, i. 98. 
Oregon '\Yhig,' newspaper, ii. 147. 
Organic laws, amenùmellt of 1845, i. 
470-507. 
Osborne, Bennet, explore party, i
 544. 
Oswego, founded, ii. 251; iron works 
at, 752. 
Otis, :Maj., in J\lodoc war, ii. 567-70. 
Overland mail. first daily, ii. 438. 
Overton, \Vm, owner of Port, land 
claim, i. 791, ii. 281. 
Owens, D. D., exped. of, ii. 300. 
Owens, John, explore party, i. 544; 
at Ft JIall, 551-2; rescues immi- 
gran ts, 564. 
Owens, Y. P., attack on Inds, ii. 318. 
Owens, Thomas, biog., i. 42l. 
Owhi chief, opposes treaty, ii. 364. 
, Owyhee,' biog., i. 40. 
Owyhee river, battle of, ii. 520-1. 


p 


Pacific city, White, founds 1853, i. 
290. 
Pacific co'ty, established, ii. 150. 
Pacific Journal, newspaper, ii. 448. 
Pacific ocean, natural boundary of 
U, S., i. 358. 
Pacific republic, scheme of, ii, 450-1. 
Pacific university, i. 138; ii. 680. 
rackwood, Elisha, biog. i. 530-1. 



Pac!
wooJ, 'Y m H., of const. conven- 
tion, ii. 423. 
Page, Da.n 1>., killed on the' Gazelle,' 
ii. 340. 
Parge, .H. C., attacked by Inds, ii. 
523. 
, Pallàs, , brig, i. 423-4, 467. 
Palmer, Capt., movements of, ii. 512- 
13. 
Palmer, Cornelius, justice or.-peace, 
ii. 298. 
Palmer, Joel, leaves for ,Yo S., i. 337; 
aid 
to 'Velch, 509; road making, 
518; biog. and bibliog., 522; com- 
mis. gen., 676; sup't Ind. affairs, 
683; ii. 309; official action, i. 720; 
ii. 339-68, 397-9, 409-11; left for 
I Cal., ii. 47; of H. of rep., 1862-3; 
638; senator, 1864-6, 665, 666; Or. 
Cent. R. R., 698. 
Palmer. J oes, trustee of Or. Academy, 
ii. IG8; founded Dayton, 25l. 
Palouses, battle with, i. 723-4. 
Pa!uhrum, P. C., at 'Val]a 'Yalla, i. 
33; receives mis5ionaries, 110, 120, 
influence with Inds, 330, 345; ex- 
plor. exped., 1839, ü. 75. 
Panina chief, make3 peace, ii. 507-8; 
fight with, 533; killecl, 234. 
Paris, J. D., fainthearted missionary, 
i. 33.1. 
Parker, David, explores Puget Sound, 
i. 4m3-4. 
Parker, A. C., of Assembly 1864-5, 
ii. 66:5. 
Parker, Sam'l, of legislature, ii. 58-9, 
63; memo of council, 71-2, 142, IG8, 
IG3, 434; memo penit'y board, 298; 
university trustee, 299. 
Parker, Reb. Samuel, seeks miss. 
site, i. 104; character, 105-6. at 
Ft \Yalla \Valla, no, 120; meets 
'Yhite, III, 1I5; at Ft. Vancouver, 
111-14, 123; opinion of natives, 
112; meets Lee, n:3, selects 'Yaü- 
latpu, 117-19; map of travels, 120; 
at Ft Colville, 122-3; Sandwich 
Islands. 123-4. 
Parker, 'Vm, explor. party, 1846, i. 
544; of H. of rep. 1830, ii. 142; 
biog., 143. 
Parker, 'Vm G., biog" i. 544. 
Parker, ,V. 'V., of assembly 1858-9, 
ii, 434; dep'ty collector, 438; biog. 
438. 
Parrish, E. E., biog., i. 469; dist 
judge, 496; school trustee, ii. 685. 
Parrish, Edward, death of, ii. 370. 
Parrish, Jesse, biog., i. 754. 
Parso118, I. H., Liog., ii. 711. 


InDEX. 


i05 


rarri:::'
l, J. L. , missionary, i. 177 ; at 
Clat3(\p mb3., 188; trustee Or. In- 
stitute, 202; at Salem, 2::3; on 
gov't com., 
97; In
.:. agcnt,tii. 213; 

Ieth. preacher, 6 
 
; R. R. com- 
mis'r, 6
G. 
Pa::-rott, Rev. Joseph E., biúg., i. 7:53; 
signs memorial, ii. 127; )Ieth. 
preacher, 6i7. 
Partlow, James, Pilos of the' Gazelle, ' 
ii. 340. . 
Pa tten, rescue3 immigrants, i. 56!. 
Patterson, A. 'Y., of H. of rep., 1854- 
5, ii. 3!:Ð; lieut. of vols, 3Sô; enroll- 
ing officer, 390; cf O. C. 1\1. Road 
Co" 632; senator, 18iO, 67l. 
Patterson, Joshua, hiog. of, ii. 713. 
Patton, Lieut, fight with Inds, ii. 
530. 
Patton, Polly Grimes, biog., i. 627. 
Patton, T. :Mc F., att'y, ii. 158; 
favors new ter, scheme, 2:55; clerk 
of council, 417; Or. Cent. R. R., 
699. 
Paugh, 1Villiam, biog., i. 526-7. 
Pawnees, missionaries among, 105. 
Payette, at Ft Boise, i. 229, 239; re- 
ceives immigrants, 401. 
Payne, Aaron, biog" i. 630; of H. of 
rep., 1830, 143; ill lad. exped. 325. 
Payne, Clayborne, death, i. 397. 
Payne, Dr Henry, in explor. exped. 
ii. 176. 
Payne, S., n:ap, i. 24. 
Peace CommÎ3sioner3, visited by Ya- 
kimas, i. 707-8. 
'Peacock,' ship, wrecked, i. 24U. 
Pearl, Henry, killeù ill Ind. fight, ii. 
383. 
Pearne, Thos H" nominated U. S. 
senator, îi. 639; )Ieth. preacher, 
677. 
Peebles, I. C., of H. of rep., ii. 323; 
of council 1834-7, 3.W, 413,417; of 
const. convention, 4
3. 
Peel, \Ym, arrives, i. 497. 
Peers, Henry N., memo of leg" i. G04, 
G06; literary abilities, 60G; works 
of, ii. 691. 
Peerce, Capt. C. H., com'd at Ft 
Steilacoom, ii. 532. 
Pend. O'Oreilles, ::;t Ignatius mission 
founded, i. 327. 
Pendleton, chairman mil. affairs, i. 
378. 
Pengra, B. J" surveyor-gen., ii. 295, 
458; nominatecl to congress, 446; of 
O. C. 1\1. Roaù Co., ô32; explores 
route, 705. 



793 


Penitentia:-y, wa::;te of appropriations, 
ii. :{50, 35:!; constructed, 644, 6-
.). 
Pennoyer, Gov. S., mess. to cong., ii. 760. 
Pentland, Robert, injured on the 
, Gazelle,' ii. 340. 
Peoria, Lee's colonizing efforts in, 226. 
Pepoon, Lieut Silas, actions of, ii. 52.
. 
Pepper, I. P., in explor. expeJ., 11. 
197. 
Perkins, :Mr3. at 'Villamette miss., 
i. IGl; at Dalles, IG.l, 181, HiO. 
Per!-.:
ns, Rev. H. K. 'Y., at 'Yiilam- 
ette mi3s., i. IGI, 230; at Dalles, 
IG3-6, 179-81, 242. 
Perham & Co., Carding machine of, 
ii. 338. 
Perkins, Joel, founded town, ii. 251. 
Perry, Capt. D., in :Motloc war, ii. 
581-90, 616-18; captures Captain 
Jack, 629-30. 
Perry, Frank, killed by Inds., ii. 315. 
Perry, James, murder of, ii. 52!. 
Pettygrove, F. 'V., fined for usi
g 
liquor, i. 282; mem, P. L. I.. C., 
397; at Or. city, 417; biog. and 
bibliog., 422-3; judge, 496, left for 
Cal. ii. 47; founded Portland, 717. 
Pettyj'ohn, L., school trustee, ii. G85. 
Peupeumoxmox, visits ß1
Longhlin, 
i. 277; trading ventures, 286; ad- 
ventures with McKinlay, 345; con- 
duct, 651; revokes friendship, 728; 
acts at council, ii. 364. 
Phelps, 
Iiss A., missionary, i, 177; 
marriage, 237. 
Phillips, Miss E., missionary, i. 177, 
187. 
Pickett, Chas. E., threatened, i. 284; 
memo P. L. L. C., 297; Libliog., 
434-5; judge, 496, Ind. agent, 614; 
unpopularity, 615. 
Pickett, I. 'Y., killed, ii. 478. 
Pierce, E. D" expeùt. of, ii. 479. 
Pike, Lt, pur;
;uit of Inds, ii. 545, 546, 
Pilcher, :1\1ajor, Ind, agent, with mis- 
sionaries, i. 128. 
Pilot service, at mouth of Columbia, 
ii. UH. 
'Pioneer,' schr, ii. 48. 
Pioneer association, hist of, ii. 693-4. 
Pioneer Lyceum and Literary Cluh, 
1844, i. 296-7. 
Pioneers, lists of, i. 73-7; 394,526, 568, 
683, 751; list cf deaths, ii. 762-3. 
Piper, Lt, A" takes the fielrl, ii. 476. 
Pit river, Crook on, ii, 538-9. 
Pit river Inds, murder by,ii. 489. 
Pitman, Miss A. M" arrives Or., i, 
156; at Willamette mission, i. 157 
-9. 


INDEX. 


Planing mill, built on Columbia, ii. 
50. 
Platt, I. C., murder of, ii. lC6. 
Platte, di:.;cussion as to site of military 
post, i. 376. 
Poinsett, on military posts, i. 376. 
Point, Nicholas, R. C. priest, Flat. 
head mission, i. 3
4. 
Poland, Capt., death of, ii. 394. 
Poland, John, killed by I
lds, ii. 395. 
Polk, Pres., actions on Or. questioI), 
i. 388, 582-3; on boundary question, 
595. 
Polk co'ty, created, i. 538; hist. of, 
ii, 722. 
Pollock, John, death of, ii. 370. 
Pomeroy, 'V., witness, land dispute, 
i. 206; signs memorial, ii. 127. 
Ponjade, John P., biog., i. 633. 
Pony express, founder of, ii. 438. 
Popham, Ezekiel, murderous affray, 
ii, 37. 
Popo-agie, military post, i, 376. 
Popular election, vote on constitution, 
ii. 427, 428. 
Population, 251, 543, ii. 251, 259. 
Port of entry established, ii, 103, 104. 
Porter, 'Villiam, biog., i. 753. 
Portland, found. of, i. 791-3; port of 
delivery, ii.l 07; pop. 1852,251; legis- 
lation over site, 281-9; hist. of, 717- 
22; progress of, 1880-8, 750-1. 
Portland library, organiz. of, ii. 751-2. 
Port Orford, estahlished, ii. 193; offi- 
cials at, 1851, 2:33. 
Post route, establishing, i, 614. 
Powcler River mine, discovery of, 11. 
479. 
Powder River valley, fertility of, ii. 
485. 
Powers, Thomas, roacl making, 1846, 
i. 558. 
PraU, judge of second dist, ii. 70; 
mention of, 102, 307, 337, 357. 
Pratt, o. C., Young's property, i. 151- 
152 780; ii. 103, 157-9, 162-4, 167. 
Pre
byterian church, hist. of, ii. 680- 
83. 
Preshyterians, advent of, i. 104-38; 
]838-47 315-48: jealousies, 329- 
30; ala;m at R. C. action, 340-1; 
downfall of, 741. .. 
Preston, <leo. C., In(l. sub. agent, 11. 
70. 
Preston, H, L., nominated U. S. Sen- 
ator, ii, G39. 
Preston, 1. R" surveyor gen., ii. 155. 
Pretol, arrives in 1847, i. 226. 
Prettyman, Perry, biog" i. 627. 


-. 



Prichett, defended Inds, ii. 96; acting 
gov., U8. 
Prigg, Fred, memo P. L. L. C., i. 297; 
ju(lge, 496; terr. sec., 606; death, 
Ïi. 36. 
Prim, P. p" pros. att'y, ii. 336; of 
con st. convention, 423; app'td dist 
judge, 442, 670. 
Prince, :K ez Percés, chief, i. 279. 
Pringle, Pherne T., biog" i. 570. 
Pringle, Virgil K., biog., i. 570. 
Printing press, Hall brings, 1839, i. 
33.3-6. 
Proba te courts, i. 3( 
Probst, Robert, murder of, ii. 477. 
Protective assoc., capital, object, 11. 
21-2, 
Protestant church, first erected, ii. 
677. 
Provencher, J. N., bishop of J uliopo- 
lis, 1834, i. 315. 
Provisions, high price, i. 259, 45J. 
Pruett, J. H., biog., i. 633. 
Pu hlic buildings, acts concerning, 11. 
298, 
Public lands, first sale of, ii. 660. 
Public library, books for, ii. 144. 
Public roads, acts relating to, ii. 651- 
2. 
Pudding river, name, i. 72. 
Puebla mts, fight at, ii. 535. 
Puget Sound, exploration, i. 463-4; 
collector appointed, ii. 108; fortifi- 
cations, 510, 
Puget Sound Agricultural Co., oppo- 
sition to, i. 189; attempt at settle- 
ment, 252; Cowlitz, 319, 
Pugh, J. 'Y., hiog., i. 572. 
Pu tnam, Charles, road making, 1846, 
i. 55'1. 
Pyle, James 
I., clerk of assembly, ii. 
434; senator, 1864-6, 66.3-7; sup- 
ports R, R. grants, 697 


Q 


Quallawort, execution of, ii. 80. 
Quatley, Chief, in Lane's Ind. expdt, 
ii. 219-2l. 
Quebec, archhishopric, appoints Blan- 
chet to Or., 1827, i. 306. 
Qlle:,;nel, F., settler, i. 74. 
, Quito,' brig, ii. 48. 


R 


Radford, Lt R. C. 'V., Indian expdt., 
ii. 320. 
Rae, 'Y. G., life as fur-trader, i. 36: 
in CaI., 251. 


INDEX. 


797 


Rae, 
Irs, marries, i. 37 , . in Cal 
231. ., 
Ragan, 'Vm, attack on Inds, ii. 534. 
RaIlroads, memorial for, i. 590: char- 


rs g
anted, ii
 325-6; land" grant. 

()8; lust. of, 693-706; progress, 746. 
Ramer, foundell, ii. 232. 
Rainey, J. T., biog., i. 570, 
Rains, C., killed, ii. 464. 
Ralston, Jeremiah, hiog., i. 631; Uni- 
versity trustee, ii. 299. 
Rascal river, name, i, 90. 
Ravalli, Antonio, arrives July ] S44, 
i. 325. 
Raymond, 'V. 'V., at Clatsop miss., 
i. 177, 187; death, 199-200. 
Reading, P. n., pion., 1843, i, 395. 
Real estate exchange, list of incor- 
porators, ;i. 731. 
Ream Lt, in 
IoùDc war, ii, 592. . 
Reasoner, 1. S., Presb. min., ii. 681. 
Rector, 'Y. H., memo of leg., i. 612; 
left for Cal. ii. 47; supt of Ind. af- 
fairs, 459; R. R. comm'r, 696. 
Red River families, settle't in Or., 2.32. 
Reed, Geo., killed by Inds, ii. 395. 
Reed, I. H., of const. convention, ii. 
423. 
Reed, :Uartin, killed by Inds, ii. 395. 
Ree
, 'V. H., institutes library, i. 
29.3-7; memo of leg., 612. 
sec. of Pioneer Soc" 693. 
Reeves, S. C., pilot, i. 326, 589; ii. 
24-5; left for Cat, 47. 
Rehart, C. A., biog. of. ii. 715. 
Religion, first celebration mass Nov., 
25, 1838, Yancouver, i. 317. 
Religious sects, numbers, denomina- 
tions, ii. 36. 
Remeau, assists emigrants, 1848, i. 
400. 
Rendezvous, of fur traders, i. 130. 
Republican party, formation of, ii. 
416; clubs, 418; platform, 1838, 
4:
0; convention 18.39
 445; ISG2, 
637; victory of 1888, 762, 
Reservation, on 
Ial3.eur river, ii. 
534; set off, 6.33. 
Revenue, raising of 1845, i. 540; laws, 
ii. 104-8, 
Reynolds, Frances Ella, biog., i. 753. 
Reynolds, R. B. defended Iud8, ii. 
9G. 
Rice, Col, killed, ii. 527. 
Rice, "T. H., fainthearted missionary, 
i,334. 
Richard, Father, superior of the ob. 
late orders, i. 328. 
Richardson, A., in Ind. exped., ii. 
224. 



798 


Richardson, Daniel, death, i. 398. 
Richardson, Dan, lieut of vols, 11. 
379; killed, 396, 
Richardson, Jesse, favors new ter. 
scheme, ii. 255. 
Richardson, P., meets Farnham's 
exped., 228. 
Richey, Caleb, biog" i. 754. 
Richmond, Rev. J. P., missionary, i. 
177; at }lisqually miss., 188-90. 
Richmond, 1lrs, missionary, i, 177. 
Ricord, .J"ohn, at Oregon city, i. 211- 
13; opposes l\lcLoughlin, i. 215-18. 
Ridllle, F. F., internreter, ii. 599- 
609. .. 
Riddle, Foby, interpreter, ii. 599- 
612. 
Ridgeway, l\1rs Tabitha, biog., i. 529. 
Riggs, James B., biog., i. 527. 
Riggs, 'V, C,. killed, ii. 464. 
R
ley, Capt. Bennett, chastises Inds. 
i. 397. 
Riley, Edward, murder of, ii. 527. 
Rinearson, S, S., mem, of express, i. 
552; 1st serg't rifle co., 671; capt. 
of vols, ii. 379; promulgates rep. 
doctrine, 418; 
laj, of Or, vols, 491. 
Roads, petitions for, i. 531-3; located, 
ii. 152; explorations for, 335. 
'Roanoke,' ship, wrecked, Ïi. 300. 
Rohb, J. R., attempts to muzzle 
press, i. 622; left for Cal., ii. 47; 
university trustee, 299, 
Robbins, Nathaniel, of const. conven- 
tion, ii. 423, 
Rohe, Robert, Presbyterian minister, 
ii. 681. 
Roherts, G. B., at Ft Vancouver, i. 
38; life, i. 38-9. 
Roberts, ::\1rs G. B., arrives Ft Van- 
couver, 27. 
Roberts, \V., transferred to Cowlitz, 
i. 598-9; attempts to muzzle press, 
622; university trustee, ii. 299; 
su P 't. of missions, 677. 
Rohinson, A. A., clerk of council, ii. 
72. 
Robinson, Ed, stahbing affair, ii. 37. 
Robertson, Joseph, Presb. minister, 
ii. 682. 
Robinson, John, biog" i. 570; of H. 
of rep., 1855-6, ii. 413. 
Robin's Nest, proposed seat of gov't, 
i. 536 
Rohinson, Thomas G., biog., i. 527. 
Robinson, Rev. \Villiam, biog., i. 
627. 
RolJY, death, 1846, i. 559. 
Rock Dave, of Capt. Jack's band, ii. 
576. 


INDEX. 


Rockwell, John, in survey exped., ii. 
249. 
Roe, C. J., marriage, i. 159; history, 
ii. 160. 
Rogers, murdered, i. 660 
Rogers, Clark, Alcalde, ii. 325. 
Rogers, Cornelius, missionary, i. 137- 
8; marriage, 199; death, 1843, 199- 
200; explor. exped. 1839; ii. 75, 
Rogers, Capt. John 1., conel. at Cape 
Hancock ii. 532. 
Rogers, John P., left for Ca!. 1848-9, 
ii. 47. 
Rogers, 11ary Jane Robert, death, i. 
469. 
Rogne river, name, i. 80; hostility of 
Inds, 95; Ïi. 377; explor. of, 176-8, 
197; gold discovered, 186; battle 
on, 227. 
Rogue River Inds, Lane's conference 
with, ii. 220-21; expedts. against, 
1850, 222-4; battle with, 1853-4, 
311-21. 
Rolfe, Tollman, H., biog" i, 634. 
Roman Catholic, withdrawal of 
French, i. 292. 
Rose, De, killed by Inds, ii. 313. 
Rose, Aaron, founds Roseburg, ii. 
184; of H. of rep., 1856-7, 417. 
Roseb,)rough, in 11odoc war, ii. 603, 
607. 
Roseburg, founded, ii. 184. 
Ross, J, E., lient rifle co., i. 671; re. 
signed, 708; left for Ca!., ii. 47; 
favors new, ter. scheme, 255; claim 
of, 321; col of militia, 325, 376; of 
H. of rep., 1855-6,414, 66G; mem,of 
council 1856-7, 417; offers services, 
58;3; Director Or. Cent, R, R., 699. 
Rosseau, Father, on Umatilla, i. 327- 
8, 6.34. 
Rosseau, Gen. L. H., com'd of dep't, 
Ïi. 548. 
Round Prairie, named, i. 546. 
Rou tes, merits, i. 565-6. 
Routes and Cut-offs, map, i. 543. 
Rowe, John Lafayette, hist. of, ii. 713 
Royal, Capt., on Or. coast, i. 86, 
Ruckle, J. S., elected senator 1858, 
ii. 432; steamboat owner, 480-1; 
mention of, 765. 
Runnels, Jesse, in Ind. expecl., ii. 224. 
Russler, Sergeant, in fight at lava 
heds, killed, ii. 542-544. 
Russell. Edward, founds Albina, ii. 752. 
Russell, O
horne, memo provo gov't, 
i. 427; biog. 428; candidate for 
Gov., 471. 
Russians, oppose H. Bay Co" i. 232; 
trade of, 574. 



Russell, \V. H., commands Cal. Co., 
1846, i. 556; founded pony express, 
ii. 438. 
Russia, ukases w. Am. limits, ] 822, 
i. 3:>2. 
Ruth, I. S., in survey exped., ii. 190. 
Ryan, Jeremiah, in explor. exped. ii. 
197. 


s 


C Sacramento, ' brig" ii. 48. 
Saffarans, Henry, at Dalles, i. 667. 
Sager, Mr and ::\lrs, death, i. 453-4, 
St Clair Co., emigrant co. from, 1843, 
i.393. 
St Clair 'Vayman, of H. of rep., ii. 
143, 349; biog., 143. 
St Francis Borgia, mission founded, 
i. 337. 
St Francis Regis, mission founded, i. 
327. 
St Helen, founded, ii. 251. 
St Ignatius, mission founded, i. 327. 
St Joseph, boys school, French 
Prairie, 1844, i. 325. 
St Mary, convent and girls' school at 
French Prairie, 1844, i. 325. 
St Paul, Champoeg church dedicated 
to, 1840, i. 319, 328, 
St Paul miss. sem'y, incor., Ïi. 152. 
St Peters, mission founded, i. 327. 
Salem, site laid out, i. 222; capital, 
ii. 146, 643; legislat. at, 163; const. 
_ convention at, 423; growth of, 752. 
Sales, 1\lr, at \Vaulatpec, i. 648. 
Sallee, kiIlp.tl by Inds, i. 561. 
Salmon-canning, decline of, ii. 758. 
Salmon river, quartz mines at, ii. 754. 
Sam, chief, actions in Ind. troubles, 
ii. 239-45. 
'Samuel Roberts,' schr, ii. 176. 
Sanborn, Charles, biog., i. 633. 
Santlers, Allen, dep. about Cal., i. 552. 
Sanders, Geo. N., agent at \Va::;h. for 
H. B. Co., ii. 108-9. 
Sandford, I. R., in immigrant party, 
1839, ii. 463. 
Sand island, surveyed, ii. 249. 
f;andwich islands, trade with, ii. 258. 
San Francisco, H. B. Co. po
t at, i. 
250-7; explor. co. formed at ii. 175. 
Santiam river, Indians attacked on, 
1846, i. 285. 
, Sarah & Caroline,'ship, i. 144. 
Saules, negro, deserts ship. i. 249; 
troubles with, 282-4. 
Saunders. L. \V oodbury, biog, i. 647. 
Saunders, S., killed, ii. 378. 
Sager, John, murdered, i. 659. 


INDEX. 


799 


Savage, Luther, biog., i. 637. 
Savage, .Morgan Lewis, biog., i. 629. 
Savage, Towner, biog., i. 5.1. 
Sawyer, \Villoughby, in fight at lava. 
beds, killed, ii. 544. 
Saxton, Joseph Charles, accompanies 
\Yhite, i. 484. 
Scarhorough, I., killed by Inds, ii. 
317. 
Scarface, murder by, ii. 238-9; hanged, 
245. 
Scarface Charley, acts in tljf 110doc 
war, ii. 572-86; surrenders, 6
9. 
Schaeffer, J., in immigrant party, 
1839, ii. 463. 
Schira, Nicholas, murder of, ii. 576. 
Schira, 
1rs, bravery of, ii. fi76. 
Schmoldt, Adolf, killed by Inds, ii. 
396. 
Schofidd, 
 athan, in explor. expedt., 
ii. 176. 
Schofield, Socrates, in explor. expedt" 
ii. 176. 
Scholl, Peter, biog., i. 627. 
School, at Ft Vancouver, i. 49, 80; 
Champoeg, 86; \Villamette miss., 
160, 162; Chen::.eketa. 190, 201, 222; 
Baptists, ii. 648; Methodist, 678; 
Catholic, 679; Presbyterian, U82-3; 
Episcopal, 687, Public, hist, of, 688 
-9; Indian, 690. 
School fund, act creating, ii. 299. 
School lands, appropriations for, ii. 
660-3, 
School law, enactment of, ii. 77. 
Sconchin, chief, acts in :ì\1odoc war, 
ii. 555-612; trial anù execution, 
635-6. 
Scott, Felix, Ind. agent, i. 749; es- 
corts immigrants, 750-1i beg., 750; 
R. R, comis'r, ii. 696. 
Scott, Harvey \Y., edited Oregonian, 
ii. 14i; librarian, 694. 
Scott, J, B., murder of, ii. 545. 
Scott, John, biog., join::> Ca!. expedt" 
679. 
Scott, Capt. L. 8., movements of, ii. 
515, 
Scott, Levi, biog., i. 544, 5,2; explor. 
party, 544, ii. ] is; guides immi- 
grants, i. 558; leader of party, 2(i6; 
wounded, G:!4; joins Cal. expedt., 
679; memo of council, ] 838-5, ii. 
2UG, 3
3, 349; of con!:>t, convention, 
423. 
Scott, Thos Fielding, ejected bishop, 
ii, 685; death of, US6. 
Scott::>burg, name, i, 5';2; flood at, ii. 
483. 
, Seagull, , steamer wrecked, ii. 341. 



800 


Seal of state, ii. 444. 
Seaman, Nelson, killed by Inds, ii. 
39:>, 
Sears, Franklin, biog., i. 469, 
Secession, proposed, 1842, i. 306. 
Seletza, Indian chief, i. 684. 
Selitz reservation, condition of Inds, 
ii. 412. 
Seroc, Joseph. killed by Inds, ii. 395. 
Settlement, difficulties attending, i. 
355-6. 
Set
lers
.p!iv
leges to, i. 
57; 
ccupa- 
tlOn, ,8ü-7, rIghts of, 11. 28
-6. 
Saxton, Charles, bibliog" i. 508-9. 
Seymour, Admiral, writes McLough- 
lin, i. 497. 
Shacknasty Jim, acts in Modoe war, 
ii. 599, 627; surrenders, 627. 
Shagaratte, L., death of, i. 82. 
Shane, J., killed by Inds, ii, 315. 
Shannon, Davis, of const. convention, 
ii. 423. 
'Shark,' U. S. schr, 584-5; wrecked, 
587 -8. 
Shark house, variety of uses, i. 588. 
Shastas, The, trouble with, ii. 238-45, 
Shasta valley, gold discovered, ii. 
185. 
Shattuck, E. D., candidate for legis., 
ii, 337; promulgates rep. doctrines, 
418; of const, convention, 423; of 
H. of Rep" 1858-9, 434; library 
director, 694; Or. Cent. R. R. Co., 
698. 
Shaw, A. R. C" exploring party, i. 
532. 
Shaw, Hilyard, early settler, ii. 299. 
Shaw, T, li., exploring party, i. 532, 
Shaw, \Vm, Liog., i. 449; explores 
Puget Sound. 453-4; Capt. of Co" 
703; left for Ca!., ii. 47; of H. of 
Rep., 142. 
Shea, C., attacked by Inds, ii. 534. 
Sheil, Edw., military comdr, ii. '314; 
of council, 1857-8, 429; elected to 
congress, 450. 
She1tùll, Isaac, attacketl by Inds, ii. 
373. 
Shepard, 
lrs, work at mission, i. 
160. 
Shephard, Cyrus, missionary, i. 59; 
character, 60; at Ft Vancouver, 80; 
'Villamette miss, 158-61; marriage, 
1:59; death, 182, 
Shephard, 'V. F., killed, ii, 464. 
Sherman, Gen., acts in 
lodoc affair, 
ii. 602, 605. 
Sherry, Ross, Liog., i. 528. 
Sherwood, Lt'V. L., atte
pt murder 
of, ii. 612-3. 


INDEX. 


Shields, J as, of const convention, ii. 
423. 
Shillingbow, Adam, murder of, 11. 
577. 
Shipping. arrivals and departures, ii. 
48-9; river and ocean, 340-1; hist. 
of building, 727-9. 
Shirley, James Quincy, biog. of, ii. 
723. 
Shively, John :M., biog., i. 614; left 
for Cal., ii. 47. 
Shnebley, D. J., editor and proprietor 
Or. Spectator. 
Shroeder, John, murder of, ii. 577. 
Shrum, Nicholas, of con st. conven- 
tion, ii. 423. 
Shoalwater bay, examined, ii. 248. 
Short, Amos M., squatter, trial of, ii. 
90; land claim, 278-9. 
Short, H. R. M. B., surveys Portland, 
i. 792. 
Short, R. V., of const. convention, ii. 
423. 
Shortess, Robt, petition of, i. 207-11; 
character, 207; memo col govt, 301, 
304; scheme, 313; assists immi- 
grant3, 410; judge, 496; injured on 
the Gazelle, ii. 340. 
, Shoshone,' steamer, ii. 547. 
Shoshone war, 1866-8, ii. 512-54. 
Shoshones, The, outrages by, ii. 216. 
Shumard, B. F., experlt. of, ii. 300. 
Silcott, John l'rI., claim of, ii. 321. 
'Silvie de Grasse, J ship, ii. 48; wrkd,49: 
Simon, Joseph, biog. of, ii. 765. 
Simmons, Andrew J" biog., i. 631. 
Simmons, Chri:'!topher, fir8t chilù, i. 
464. 
Simmons, 
1. F , biog., i. 449; explores 
Puget Sounel. 463--4; of H. of Rep., 
ii, 72; at indignation meeting, 162. 
Simmons, Sam'l, biog., i. 530; college 
trustee, ii, 686; It. R. commis'r, 
696. 
Simpson, Anthony, Presb. minister, 
ii, 681. 
Simpson, Ben of H. of Rep., ii. 143, 
158, 638; biog" 143; surveyor gen., 
295; memo of council, 32:3. 
Simpson, Sir George, feud with :Mc- 
Loughlin, i. 37; tries murderer of 
:McLoughlin, jr, 236; visits Or., 250 
-1; settlement policy, 316; letter 
of, ii. 108. 
Simpson, Sam'l L., works of, ii. 692. 
Sims, C., favors new terr. scheme, iÏ. 
255. 
Sims, John, murder of, ii. 489. 
Sinclair, Col. J. B., at Fort Boise, fi. 
519. 



Sinslaw, settlement at, iÍ. 759: 
Sioux, harass 'Vhite's party, i, 260. 
Siskiyou co., pet. of citizens, ii. 558. 
::'kmuer, A. A., circuit juùge, i. 605; 
left for Cal., ii. 4';; com. to settle 
Cayuse war debt, 79; signs memo- 
rial, 127; claim of, 184; Ind. com- 
mis'r, 208; life and public services, 
309-10; dist judge, 670. 
Slacum, 'V. A, report on miss., i. 
88, 101; "JJ. S, agent in N. ,y" 100 
-3; treatment by H. B. Co.. 101-3; 
aids settlers, 140-1, 152; opposes 
H. B. Co., 141-2. 
Slater, James H" of H. of Rep., ii. 
429, 432, 434; dist atty, 670; memo 
to congre
s, 6';4; hiog" 674. 
Sla very, illegal, i. 307; proposed bill 
against, 389; act relating to, 437-9; 
actions of free soilers, ii. 358-9. 
Sloan, Joseph, in explor. expedt., ii. 
r
. 
Small, Lt, fight with lnds, ii. 528. 
Small, "\Vm J., removes lnds, ii. 579- 
80. 
Smith, A, B., missionary, i. 137-8; 
Ind. grammar, 333. 
Smith, Capt. A. J., expedt. of, ii. 466 
-8 
Smith, A. T., missionary, i, 239-40. 
Smith, Bruce, murder of, ii. 527. 
Bmith, Buford, hiog., i. 733. 
SmIth, Delazon, of H of Rep" 1854-7. 
ii. 349, 413, 417; of con st. conven- 
tion, 423; supports Lane, 44-1; 
school trustee, 682. 
Rmith, Enoch, trial of, ii. 156. 
Smith, Fred 
1., established Port Or. 
ford, ii. 193. 
Smith, Freeman, claim of, ii. 321. 
Smith, Fabritus R., biog., i. 570. 
Smith, Hiram, biog., i. 527. 
Smith, Hugh, in Iud. expedt., killed, 
ii. 313. 
Smith J. E., in immigrant party, 
1839, ii. 463. 
Smith, James, hiog., i. 571. 
Smith, Joseph, escaped massacre, i. 
662. 
Smith, Joseph R., elected to congress, 
biog., ii. 609. 
Smith, John, of anti-slavery party, 
ii. 359; del. to convention, 418; H. 
of Rep., 638; school trustee, G82; 
R. R. commis'r, (j96, 
Smith, lVliss 1\1., marries, i. 96; at 
'Villamette miss., 161. 
Smith, Noyes, memo P. L. L. C., i. 
297; Liog., 621; signs memorial, 11. 
127. 


Or. II. 51 


INDEX. 


801 


Smith, Gen. P. F" comcl of riflemen 
i. 613; ill comù Pac division, ii. t>3; 
plans of, 86-7. 
Smith, Robert, biog., i. 544-. 
Smith, Sidney, with Farnham, i. 
227-9; sec. at puhlic meeting, 
9
; 
memo for col gov't, 301; captain, 
304. 
Smith, Simeon, biog., i. 527. 
Smith, Solomon, at Ft Yancouver, i. 
II; 'YiUamette miss., 182; Clatsop 
miss., 183, 
Smith, Thomas, in IIHl. expec1t., ii. 
313; of H. of Rep., 414. 417, ô68. 
Smith, Thomas H., cen.,ll::l taker, i. 
443; sheriff, 496; mill of, 50, 2.'):!. 
Smith, Virgilia E. Pringle, biog., i. 
5';0. 
Snake or Lewis river region, charac- 
ter, i. 3. 
Snake river massacre, ii, 468-473. 
Snakes, the, trouble with, ii. 4ß3-4; 
expedt, against, 493. 
Snellback, Peter, in Ind. expedt., ii. 
240. 
Snelling, G. L., favors new. ter. 
scheme, ii. 235. 
Snoqualimichs, troubles with, ii. 67,6S. 
Society, Oregon, It>34, i. 9-10, 13-17, 
26-28, 42-33. 
, Southerner,' stmr, wrecked; ii. 341. 
Southern route, opening of, i, .343-52; 
protection of, ii. 473-7. 
Sou thern Pacific R. R., purchase of 
Or, & Cal. R. R., ii. 747, 
Spalding, H. H., character, i._12
; 
journey to Ft V allcouver, I
J-3.); 
at Lapwai, 1:3ß, 635; influence over 
Nez Percés, 330; irritability, 3:30 -1; 
opinions 011 agric., :t3.1-';; recalled 
to U, S., 341; attending sick, G36- 
7; warned of massacre, (j;)7 -8; 

- 
cape of, (jG4-5, G86; Inti. agent, 11. 
207; death, G8
. 
Spalding, 
I rs, !nar
iage, i. l
j-6; 
character, 12ü; Journey to 
t 
Vancouver, 1
3-33; at T
ar"
u, 
136' illustrates scripture,.;, 3:3t>; lIl- 
forl
ed of massacre, flight, (jô3-6; 
rescue, ßSG. 
Sparts, Rich., in Ind. expe(lt., .
i. 2:1. 
S I )aul(liuO' Capt, J., yoyage, u, ] j 4; 
0' . 1 0-' 
at Ft Vancouyer, 184; caves, _J
; 
report 011 Or. . ques
i()n; 377. 
Spect, Jonas, Inog" 1. G:..9. 
Speel, Harris, biog., i. 529. . 
Hpeneer, Z. C., sec. of war, "lute 
visi ts, i. 234. 
Split-lip, Chief Cayuses' shrewdness, 
i. 330. 



802 


INDEX. 


Stone, Dayid, biog., i. 752; pros. 
att'y, ii. 79. 
:stone, Pleasant, 'V., claim of, ii. 321. 
Stoneman, Lt G., in fight with Inds, 
ii. 2:
5-238. 
Stout, George Sterling, pion. 1843, i. 
395. 
Stout, Lansing, nomination of, ii. 
444; acts in congress, 459; senator, 
668, 671. 
Stoutenburg, Geo., death of, i. 182. 
Stratton, R, E., pros. att'y, ii. 298, 
336, 358; biog., 336. 
Strong, 'Ym, murder of, ii. 527. 
Strong, Judge 'V., arrival, ii. 102, 
139; biog. 102; dissatisfaction with, 
162-3. 
Stuart, Capt., in Lee's exped., i. 63; 
with missionaries, 128; hunting 
l)arty, 396. 
Stuart Bot Capt. James, of mounted 
rifles, ii. 81; in Ind. fight, killed, 
326-7. 
Sturges, l\Irs Susan, biog., i. 752. 
Sublette, exped., i. 60-61; advice to 
'Vhite, 256-7; joins immigration, 
450. 
Sullivan, Alex., killed, ii. 549. 
, ßulphur,' survey ship, i. 2:
2. 
SuIt, :1\1 ichael, hiog. of, ii. 715. 
'Sumatra,' ship, i. 161. 
Sumner, Brig. Gen. Eb., in com'd 
of mil. dep't, ii, 488. 
Surprise valley, named, i. 549. 
Surveys, of lands, ii. 247-50, 268-75. 
Sutter, J. A., travelling to Cal., i. 
165. 
Sutters Fort, reception to Hastings, 
i. 267; Peupeumoxmox at, 286. 
Swamp lands, speculations in, 11. 
6;)4-8; sales, etc., of, 760-1. 
Swaney, A. 'V., school trustee, ii. 
678. 
Swaney, L. H., drowned, ii. 341- 
Swearingen, on Or. committee, i. 350. 
Swinden, J ohu, claim of, ii. 321. 
Sylvester, Capt., on Columbia, i. 424, 
467. 
Sylvester, E., bibliog, i. 424; leaves 
for Cal., ii. 47 at indignation 
meeting, 162. 



portsman, 'Villiam, biog., i. 545. 
Spotranes, missionaries among, i, 
121-2, 138; movements of, 286; 
character, 339-40; attack troops, 
ii. 461. 
Sprague, Capt. F. B., expeelt. of, ii. 
515, 516; cornel. at Ft Klamath, 
532. 

tage lines attacked by Inds., ii. 523. 

t.anltY, Arad C., biog. of, ii. 713. 

tallton, Lt. expedt. of, ii. 202-
03. 

tantoll, Alfred, pion, 1847, i. 469. 

tark. Benj., of H. of Rep" ii. 296, 
432; U, S. senator, 457. 
f'tark, Benjamin, jun., presents can- 
non to Or. city, i. 588. 
Stark, Hy. A., of Coos Bay co., ii. 
332; death of, 334. 
Starkweather, 'V. A., of H. of Rep., 
ii. 349, 417, 452,666, 671; of const. 
convention, 423. 
, Starling,' survey ship, i. 232; ii. 48. 
'Star of Oregon,' schr, i. 248. 
Starr, Rev. John 'V., biog., i. 753. 
;--;tarr, l\Iilton B., of anti-slavery 
party, ii, 359; congo minister, 680. 
State house, waste of appropriation, 
ii, 330; destroyed, 351. 
State lands, acts relating to, ii. 646. 
I"tate organization, question of ii. 
336-7. 
f.;tate university, founded, ii. 689-90, 
Steamboat navigation, encourage- 
ment, i. 375. 
Steele, E" favors new ter. scheme, 
ii. 233; actions in Ind. troubles, 
239-44; Cal. Ind. suptcl" 556-57; 
actions in :Modoc war, 571, 600-4; 
petition favoring l\loùocs, 634. 
Steele, 
Iaj, gen. T., measures of, ii. 
518-19, 526, 527. 
Steen, l\Iaj. E., expedt., of, ii. 465-8; 
comd. at 'ValIa 'Valla, 488. 
Steen, l\It., battle at, ii. 548. 
Steinberg, Justin, apptd. col of Or. 
cavalry, biog., ii. 493. 
f.;tephens, James, hiog., i. 469. 
Steptoe, Col, attacked by Inds, H. 
460, 461. 
Stevens, 'Vm, murder of, ii. 93, 94. 
Stewart, Benjamin E" biog., i, 628. 
Stewart, P. G., memo P. L. L. C., 
i, 297; memo provo gov't, 427; hiog.; 
428; promotor of masonry, ii, 30, 
port surveyor, 309. Tainey, R. C" biog" i. 630. 
Sticcas, Cayuse chief, i. 402, 403, Tallentine, .l\lrs Agnes, biog., i. 631. 
637; deception of, 721-2. Tamahas, murders hy, i, 659. ii. 94. 
Stiken, Simpson at, 250. trial t execution, 96-100. 

tock,\Vaülaptu miss., 183D,'41,i.338.' Tamanowas, (evil eye) Indian belief 
Stolle, building, ii. 754-5. in) i. 335. 


T 



Tamsucky, treachery, i. 660. 
Tandy, 'Vm, exped. of, ii, 30:5. 
Tanitan, Héad Chief, Cayuse, i. 278- 
80; treatment of missionaries, 328, 
654-5, 
Tanner, Daniel, death, i. 561. 
Tarbox, Stephen
 biog., i. 421. 
Tate, J. P., of anti-slavery party, ii. 
339; del to convention, 418; of H. 
of rep., 432, 665; school trustee, 
.682. 
Taylor, Chief, killing of, ii" 311-12. 
Taylor, Geo. H. C., claim of, ii. 321. 
Taylor, JaUle
, justice of peace, i, 
6]2; in charge quarter master::; 
dep't, 703; of Or. Exchange Co., ii, 
5:1; sc1.1oo1 trustee, 78; treasurer, 
79. 
Taylor, John F., biog., i. 633. 
'.laylor, 'Vm, in Ind. exped., ii. 313; 
senator, 432, 639, 
Taxing land, case relating to, ii. 158, 
Tedfor(l, Eli, murder of, ii. 477. 
Telegraphs, first proposal, ii. 339. 
Tep Eyck Anthony, in explor. exped., 
ii. 176, 
Territory, necf,ssity of gov't, ii. 4-3; 
division of, 2-17, 306 
Tetherow, Solomon, com'd of co., Î. 
509; biog., 679; R. R. cOIUmis'r, ii. 
69ü. 
Tha.nter, Andrew G., Dist. Atty. ii, 
4'13; elected to Congo 454; biog. 
434; nom, Pros, Atty. 638. 
Tha.yer, Gov., mention of, ii. 760. 
Thayer, 'V, \V., elec. Gov., biog.,ii.675. 
Theatrical performances, pieces 
played, i. 574-5. 
The Dalles, mission at, i. 163-6, 179- 
81, lUO; natives at, 16-1, 179-S1; 
'Vhitma.n buys, 224, 348; hostility 
of Inch, 230; ahan(lonment of, 268; 
destruction, 3-13; army headquar- 
ters, 70
; supply pO:5t at, ii. 91; 
early trailing, 232-3; town site 
claim, 2S9-flO. 
The Dalles J ourllal, newspaper, ii. 
449. 
Thellar, Lieut E. R., in 
1odoc war, 
ii. 61:5. 
The 
Ieadows, fight at, 18:56, ii. 402- 
4. 
The Times, newspaper sta.rted, ii. 147. 
The Union, new::;paper, ii. 449, 
, The Venture, , steamer, ii. ".L80. 
Thoma
, E., apþt'd peace commis,, 
ii. 606; actions of, 608-12; murder 
of, 612; hiog., 614. 
Thomas, Lt E\Tan, in )Iodoc war, 
killeù, Ïi. 616-22; Liog., 6:!3. 


IXDEX. 


ö03 


TI

}mp:;;on, D, P., capt. of Or. ,Tol"i, 
11. 4tH; author of peaee cummi'", 
593; ::;urveyor, ô47; senator (jö
 
6;I, ' , 
TI
?n
p):on, Frank, robbeJ by Iwr:-., 
11. .>:..t 
Thompson, I. F., of anti-;.;la,-ery 
party, ii. 35H. 
Thomp.5011: L, S., in InlI. eApedt., ii. 
240; of H. of rep., 32:3. 
Thomp::;on, Lewis, Pre
b. minister ii. 
680. ' 
Thomp
on, origin of anti-s]a,-cry 
party, ii, 339. 
Thompson, R. R., justice of peacp, i. 
Gl2; signs memorial, ii. ]:!7; 11111. 
agent, 312; steamboat lmilder, 4
1). 
ThOln}Json, 'Y., claim of, ii. 3:!1; 
drowned, 396. . 
Thornbury, killing of, i. 95, 23
. 
Thornhury, C. N., favors new ter. 
scheme, ii.2.>.3. 
Thornton, Indian mission, i. 5:5, 
Thornton, H. G., eJ\.plor. road, 11. 
486, 
Thorllton, J. Quinn, biog. and hihliog., 
i. 333-6; on routes, 3t;O-l); suprelllC 
juclge, 56G; delegate, 6:!O; lllyste- 
rions departure, .):!O; fun(l
 f0r ex. 
penses, ô:!I; at "-ashingtou. 7,");)-t); 
chtims authorship of hill, 739-ôl; 
Ind, sub. agent, ii. 70-71, sign-i 
memorial, ) 27; att'y, 138; of H. of 
rep., 663. 
Thornton, Reyhurn, explores Pugct 
sound, i. 4lm-4, 531. 
Thorp, J Ohll, lealler of party, i. 4.ill; 
of H. of rep, 18:>0, ] .iog" ii. 1-1:
; 
R. R. commis" 6U6. 
Thurston, co'ty, created, ii. Hì(t. 
Thurston, t;. R., legi:slator, ii. 3R, .j!); 
first del. to congre
s, lI:j-It); bio
., 
1I3; character, 113; actiolls, 117- 
3U; death, I 
G. 
TiLbeb" Calvin, cattle e:\pedt., i. 
14:?; at Clatsop miss., 18'>-8; judge, 
49G. 
Tichenor, 'Ym, fuun(ls Port Orford, 
ii., Hm-6; hiog., In:
; of H. of rep., 
414, i:J:?, 4:1-1; senator, 1,")2, 
Tillamook co'ty, hist. of, ii. 7:.?2. 
Tiloukaikt, Cayu
e chief, i, 
7C\-!). 
G3S; speech a t council, :!78; insult:o1 
'Yhitman, 

-l; acldrc
-;cs Ogdell, 
G94; mur{ler hy, ii. 94; trial awl 
execution, Bti -JOO. 
TintinmitHi, Cayusc chicf, i. ();)4. 
TOlltl &, ('41" express co. of, ii. 3:m, 
Tolman, J. C., suveyor g
n., ii. :?0;)j 
claim of, 321; of COO.:3 bay co,;331. 



804 


Tolmie, ".... F., on Ind. names, i, 18; 
at Ft Vancouver, 34-5; legislator, 
G04, 603; tight 
vith Inds., ii. 60-9. 
Tomson, Capt., trade.:; in Columbia, i. 
40. 
Tongue river, fishery established, i. 
4öï. 
Tonie, engineer of the 'Gazelle,' ii. 
340. 
, Toulon,' bark, i. 588; ii. 48. 
Toupin, John, interpreter, Fort\Valla 
'Yalla, i. II 9. 
Town, Albert, emigration co., 367. 
Townsend, scientist, i. ] 6, 60; fauna 
named by, 83-6; at 'Valla 'Yalla, 
134. 
.Tralle, with Sandwich Is, i. 178; on 
Puget sound, ii. 250. 
Transportation, means of, ii. 28. 
Traynor, Lawrence, in fight at lava 
hells, wounded, ii. 544. 
Treaties, with Inds, ii. 210-18, 318, 
319. 
Trees, Or., 224. 
Trickey, Geo., killed hy Inc1s, ii. 396. 
TrimlJle, Capt., in 
:1odoc war, iÏ. 
Ü.)óJ 
Trimble, Christopher, in Snake rIver 
massacre, iÏ. 472. 
Trimble, Elizabeth, in Snake rIver 
mas
acre, ii. 472. 
Trimble, Susan, in Snake river mas- 
sacre, ii. 472. 
Tuaiatin Academy, foundation, 11. 
:14-35. 
Tualatin county, boundary, i. 539. 
Tuala tin plains, missionaries settle, 
2-10. 
Tualatin river, made navigable, ii. 
23G-7. 
Tucker, 
Maj. S. S., of mounted rifles, 
ii. 81; establishes post, 91. 
Tulles, ,Yo R., killed by Inds, ii. 395. 
Tumwater, meaning, i. 4ö4. 
Tungate, R., in Ind. expecl., ii. 313. 
Turner, Creed, trial and execution of, 
ii, 136. 
Turner, John, escapes Inds, i. 96-7; 
cattle expec1., 142-7. 
Turnham, Joel, shot, i, 444-5. 
lul'npill, Capt, , in Illil. exped., ii. 
2
4. 
T'Yault, 'V. G., postmaster general, 
i. 4
.H)-7; com'ds co., 509; President 
Or, Printing co., 536; memo of ex- 
pres
, 532; e(litor, 575; orator, 584; 
lcgi
lator, 604; ii. 4
2, 434; biog., 
ii, 29; defends Ft K enrl all, ].')6; 
establishes Port Orford, ] 93; explor. 
exped., 196-200; att'y, 338. 


INDEX. 


Tyghe Inds, murders by, ii. 489. 
Tyler, Pres., apology for failure of 
Or. bill, i. 381. 


u 


, U ma tilla, ' steamer, ii. 480. 
Uml'qua co., estab.,ii. 151,485; towns, 
]80-1; hist. of, 722; div. of, 757. 
Umpqua river, map, i. 194; explor. 
parties on, ii. 178-9; pilotage, 299. 
Umpqua val., Ind. deps in, ii 388-9. 
U mpquas, missionaries among, i.195-6; 
removed to reservation, ii. 388. 
, Undine,' brig, ii. 48. 
Union county, hist, of, ii. 723. 
Union Pacific R. R., lease of Or. R. & 
N a v, Co.'s line, ii. 748. 
Unitarian church, hi st. of, ii. 687. 
United States, men-of-war, i. 497, 
584-7, feeling to Great Britain, 
579; memorials to congress, 606-9, 
617-20; appeal to, 677-8. 
Unit
J States court, appointment of 
officers 1839, ii, 442. 
United States mail, first, i. 747. 
United States troops, ordered out, ii. 
233. as Ind. fighters, 236-8. 
University, actions to locate, ii, 167; 
established, 299; relocated, 351-2. 
Utter, in Snake river massacre, ii. 
471-2. 


v 


Vagrants, laws, i. 309. 
Vallejo, Gen., in Cal., i. 143-4. 
Van Brunt, G. I., in surveyexped., 
ii. 248. 
Vance, Thomas, death, i. 454. 
Vancouver, see Ft Vancouver. 
'Vancouver,' ship, wrecked, ii. 23. 
Vancouver island, hishop's see, i. 327. 
Vanderpool, leads immigrants, 1846, 
i. 559. 
Vanorman, Alexis, in Snake rIver 
massacre, ii. 472. 
Vanorman, Mark, In Snake rIver 
massacre, ii. 472. . 
Vanorman, Mrs, in Snake river mas- 
sacre, ii, 472. . 
Van V oast, Capt., com'd at Ca
cades, 
ii. 488. 
Vaughn, Martin, hiog" i. 572. 
Vercruysse, Aloysius, arrives July 
1844, i. 325. 
Veyret, Father, arrival, i. 326; at 
] n<l. execution, ii. !)9. 
Victor, 
Irs Francis F., works of, i. 
406, 757-8; ii. G92; Liog., i. 757. 



Yictoria, H. B, Co. 's post estab., i. 5UB. 
YiJlanl, Henry, hiog. of, ii. 746; dona- 
tion to school fund, 750. 
\
ÎLlCent, Bot Lieut Col A. 0., at Ft 
Yancouver, ii. 5:i2. 
V oters, qualification of, ii. 265-8. 
'V 
\Yagoncr, I. B., express rider, ii. 379, 
". agner, Joseph, killed by Inds, ii. 
3U.3. 
\Yagons, first across the plains, 242. 
\Yaülatpu, miss. built, i. 136, 3
0; 
immigrant8 at, 261; Cayuse attack, 
2G8, 3:3;j; described, 337-8; aban- 
doned, 341, 348; white people a
, 
6!7 -8; negotiations for sale, ü57. 
"
ait, A. E., editor, i. 575; in charge 
of co}nmisary dep't, 705; sians 
memorial, ii. 127; of H. of r
)., 
1.38, 296, 432; memo of council, 
4
9, 434; nominated to congress, 
638. 
'Yaldo, Daniel, memo P. L. L. C., i. 
2U7; lealler of St Clair Co.,. 393; 
biog., and bihliog, 403; memo prov, 
gov't, 428; dist, judge, 496; county 
treasurer, 612; joins Cal. exped., 
679; R. R. commis'r, ii. 696. . 
\Yahìo, Joseph, biog., i. 572. , 
\Yalker, )Irs, missionary, i. 137-8. 
,,
 alker, Courtney 1\1., miss. exped. i. 
59; character, 60; clerk, 80, 50L 
at Ft \Yilliam, 92; Ft Hall, 2:!9; 
pros. att'y, ii. 79. 
\Yalker, E., missionary, i. 137-8. 
\Yalker, Capt. J. H., exped. of, ii. 
5IB; com'd at Camp Smith, 532. 
\Yalker, Joel P., life, i. 240; goes to 
Cal., 249; judge, 496. 
,y all
er, Samuel, hiog., i. 469. 
'Yalker, 'V. T" expedt. of, ii, 305. 
\YaHa 'YalIa, see Ft "
alla 'YalIa. 
'YalIa 'Yallas, movements, 184.3, i. 
2
ö; baptized, 317; cruelty, ü45; 
at council, 1835, ii. :3ûl-6; treaty 
wi th, 3G(), 
'Yalla \YalIa valley, fertility, i. 338; 
military posts in, ii, 4GO; opening 
of, 4ül. 
"
allace, at Clatsop mission, i. 185-6, 
'\-allace awl wife. drowned at Little 
l>alle'5, 1838, i. 31G. 
\Yallace, Leander C., killcll, ii. H7. 
\Ya lker, Rev. A. F., missionary, I. 
I 77; at Dalles, I 90. 
\Yaller, Jane L., hiog., i. 632. 
'Yallen, road expedt., ii. 4li:3-5. 
\Yalling, I., supports Gov. Lane, ii. 
93. 


INDEX. 


805 


'Yalker, Rev. A. F" dispute at'Vill- 
amette falls, 20-1-18; Or. city di.s- 
pute, 223--4; death, 2:?3; vs. Blan. 
chet, 320-1; refuses aid imllligrant
, 
515; university trustee, ii. 2gU; 
IVleth. preacher, 677, 
\Vallowa county, organized, ii. 737-8. 
, \Valpole,' ship, ii. 48. 
\Valter, E. L., biog" i. 528. 
\Yampole, Elias, Ind. agent, ii. 207. 
\Vands, M. E., marries Gov. Gaines, 
ii. 159. 
\Yard, Alex" massa-cre of.party, ii. 343. 
\Yare, .Miss M. T., miiisionary, i. 177; 
marries D. Lec, 183. 
\Varner, Lorenzo, killed by Inds., ii. 
395. 
'Yarre, J. 1\1., road making, lS46, i. 
538. 
\Yarren, Henry, at V ancou ver, i. 500; 
biog" 6:
2; of H. of rep., ii. 6G4; 
receiver of laud office, 670; college 
trustee, 684. 
'Yarren, R. K., biog. of, ii. 765. 
'\Vasco,' steamer, ii. 4
0. 
'Vasco co., organized, ii. 2.33; hist., 724. 
\Vashington co'ty, hist. of, ii. 725. 
\Vashougal, settlement, i. 458-9. 
\V aters, James, assists immigrants, 
i. 410, 432; explor. party, 531; col 
Or. army, 73:!. 
"
atkins, 'V. H., of const. conven- 
tion, ii. 4
3; of Or. mcdical college, 
691. 
\Vatson, Lt, death of, ii. 498. 
'Yatson, John, stahLing atfair, ii. 37. 
'Yatson, Keziah, death, i. 4tJ9. 
'Yatson, Mrs Mary, hiog., i. 6:?8. 
\Vatt, Ahio, biog., i. 754; supports 
Gov. Lane, ii. 93; trustee Or. acaù- 
emy, 167. 
'Yatt, Jo
eph. memo P. L. L, C" i. 
2H;; biog. hibliog., 432, 4G8. 
\Yatt;-;, John \Y., of const. convelltiol}, 
ii, i:?:3. 
'Yaunch, George, explores Puget 
80u11<l, i. -1G3-4. 
\\
 aymire, Fred., memo of council, ii. 
142, 158, 2
)G; biog., 1-1:2; enrolling 
officer, 39f1; of H. of rep., 41:1, UGS; 
const. convention, 4
:
; senator,. 
4:12, school trustce, Gi8; R. R. 
cmmnis'r, (mG. 
\Vaymirc, John, lieut immigrant co., 
i. jO
); exl'C( l. of, ii. 4UG. 
\Y c1)-foot, origin, ii. -10. 
\\Yelch, Presley, capt, of immigrant 
co., i. 50!); runs for Gov., 6I 2. 
\Yert7, Franklin, hiog. of, ii. 713. 
\\
 est, John, founùed town, ii. 2
3. 



806 


Welaptulekt, Des Chutes chief, 
friendly, i. 709. 
'Yelch, Henry C., biog., i. 527. 
'Vestern, I.ieut Chas B., com'd at 
Ca.mp Logan, ii. 532. 
'V e., ton, emigrant rendezvous, i. 448. 
'V estol1, David, biog., i. 2ß5. 
'Vestport, founded, ii. 252. 
'Yhale fishery, value, 1822, i. 353, 
'Yhaleshead, Ind. attack at, ii. 393, 
395. 
'Vharton, Capt. I. S., com'd at Fort 
Colville, ii. 531. 
'Yhately, shot by Indians, i. 561. 
"Theat, yield, 18d8, ii. 758. 
'Yheaton, in com'd at Klamath, ii, 573; 
acts in Modoc war, 584-94; relieved, 
595; restored to com'd, ß24. 
\Vheelock, 0., favors new tel'. scheme, 
.. n-- 
11. ..:.;);). 
'Vhidby island, in Puget Sound, i. 
464. 
'Vhitcomb, J. L., at 'Villamette Is., 
i. 157; leaves miss., 190; marries, 
190. . 
'Vllite, Bartholomew, biog., i, 468. 
'Vhite, Elijah, character, i. 15.3; at 
Ft Vancouver, 156. \Yillamette 
miss, 157-60; son drowned, 178; at 
Ft Umpqua, 193; quarrel with Lee, 
196-7; oppose3 Shorter's petition, 
210; dispute \Yillamette Falls, 223; 
in \Vashington, 254, 483; Ind. 
agent, 25.3, 262-3, 3G9; immigra- 
tion efforts, 2.35-62; meeting with 
Tublette, 257; reception in Or" 
2G2-4; importance of party, 264-5; 
admin. of Ind. affairs, '26.3-91; H. 
B. Co. transaction'3, 276; leaves 
Nez Percés, 2S0; acts against li- 
quor dea.lers, 281; trial of, 283; 
gov't drafts, 288; biog., 2S8-91, 
487; feeling aga.inst, 296; memo for 
cal gov't, 301; explores for route, 
484-5. 
'Vhite, James, in Ind. expecl., ii, 240; 
killed on the Gazelle, 340. 
'Vhite, Susan Bowles, biog., i. 627
 
'Vhitaker, John, of H. of rep., ii. 
429, 6ß6, 668, 671; elected gov., 
431, 432; hiog., 431; resignation 
a
ked, 4.37; memo to congress. 639, 
675. 
'Vhitley, Samuel, biog., i. 633, 
'Vhitman, Dr )1., travcls, i. 105-9, 
124-3.3; character. 10;')-7; as sur- 
geon, 107-8; journey to Fort Van- 
couver, 124-35; at 'Vaülatpu, 136; 
buys the Dalles miss., 224; trea t- 
ment of the emigrauts, 261, 3V8-40ß. 


INDEX 


'Vhitman, Dr 1\1., the insults .to, 
330-4; his educational methods, 
338-9; asks reënforcement, 340; 
miss. to U. S., 342-5; treatment of 
Inds, 3:14; difficulties, 34.3-8; ex- 
pects outbreak, ß43-4; obstinacy, 
644-5; visit51 Dalles, 646; attend- 
ing sick, 656-7; murder of, ß59. 
\Yhitman, 1\lrs character, i. 123; 
journey to Ft Vancouver, 125-3.3; 
at 'Vaülatpu, 136; insulted, 268; 
murder of, G60. 
\Vhitman massacre, 1847, i. 639-68. 
\Vhitman, Perrin B., at Dalles, i. 
644, 667. 
'Vhitmore, Brice, in Ind. expedt., ii. 
313. 
\Vhitney, 'Villiam, biog., i. 634; left 
for Cal., ii. 47. 
"Vhiton,' bark, i. 620. 
'Vhittle, interpreter, ii. 598, 599. 
\Vhitte(l, Thos, of con st. convention, 
ii. 423. 
'Vilbur , James H., university trustee, 
ii, 299; peace commis'r, 596; nomi- 
nated U. S. senator, 639; :àleth. 
preacher, 677. 
'Vilcox, Ralph, legislator, ii, 58, 59, 
142, 158a 323, 638; biog., 59. 
'Vilkes, Lt, expedt., i. 246-9; vie'Y
 
on gov't, 293. 
\Vilkinson, Capt, C. :i\.L, founds Ind. 
school, ii. 690. 
'Vilkinson, Joseph, killed by Inds., 
ii. 395. 
'Yillamette, name, i. 72. 
\Villamette cattle co., purpose, i. 141; 
southern trip, 142-50; attacked by 
Inds., 148-9; end of, 179. 
'Villamette falls, dispute over, i. 203. 
\Villamettû mission, built, Í. ß4-5, 
78-80; work at, 81-9,1.34-63,178- 
9, 190; arrival of missionaries, 
154, 161; hospital, 162; importance, 
163; farming plan, 163; failure, 
182; converts at, 178-9; quarrels 
at, 196-8; deaths, 201; sold, 221-2; 
Blanchet's endeavors, 318-19. 
'Villa,mette river, land grants, i. 375; 
ferry, 440, 443; navigation of, ii. 
2.36; bridged, 746-7. 
'Villamette university, origin, i. 222. 
\Yillamette valley, configuration, i. 
]-2; settlers, 15-17, 6G, 073-7, 251, 
252, 465; missionaries in, 63-7; 
cattle introduced, 139-50. 
Willamette Valley. Farnham's ob- 
servations, 23]; 'Vhite'
 party in, 
2ß2; visite(l hy Park, 4f18-9; dam- 
agel:) frOln freshets, ii. 04. 



',ïl1amette Yal. R. R. Co., charter 
granted, ii. ()9ß. 
, \Yílliam & Ann,' ship, i. 40-1. 
"
iniams, attacked hy Inùs, ii. 199- 
2Jl. 
-,\-Illiams, :\Ir, drowned at Seattle 
FalLs, 1838, i. 316. 
\Yilliams, B., with cattle co., i, 145. 
\Yilliams, Geo. H., of supreme court, 
i. 231; chief justice, ii. 306; hiog., 
30;; appeal against slavery, 4
2; 
of con
t. cOIl\-cntion, 423; U. S. 
senator, 444, 639, 66'7; U. S, att'y 
gen., 68; school trustee, 685. 
\YIlliams, James S., in sur\-ey exped" 
ii. 190. 
\Y:lliams, Capt. L. L" exped. of, ii. 
514. 
\Yílliams, R., attack on Inc1s, ii. 318, 
\Yilliams, R. L., capt. of vols, ii. 
379, 387; resigns, 400. 
\Y
l1iallls, Rich., elected to congress, 
ii. 675. 
\'
illiallls, Lieut, surveyed road, 201. 
\Yillialllson, Henry, dispute with Mc- 
Loughlin, i. 458-00; wounded, 624; 
left for Cal., ii. 47. 
\Y i11iamson, John, hiog" i. 569. 
\Yilkw creek, Ind. outrages at, ii, 
5G3. 
\'" i11snn, 
Irs C. A. C., teacher, Che- 
meketa plain, i. 222. 
\Yill
on, \'-, H., character, i, 155-6; 
at \YiLlamette mi:::;s., 160, 16
; Nis- 
qua11y miss., 188; sec, of con" 303; 
mill race, 440; pres, of hench, 496; 
loan comm'r, ô7ô; of Or. Exchange 
co., ii. 54; R. R. comm'r, 696. 
\Yilson, :Miss, murder of, ii, 377. 
\Yilson, John, hiog., i. 637. 
'Yil:;oll, John, hiog., ii. 766. 
\YIl-:;Oll, Jo:seph G., clerk of snprJme 
court, ii, 443; nominated pros. 
att'y, 638; di,-;t judge, 670; elected 
to congress, 6;4:; hiog., 674. 
\Yilson, 
Iathe\\r, lllunier of, ii. 523. 
\Yi15on, Simpson, hiog. of, ii. 714. 
\Yimple, Adam E. ,execution of, ii. 156. 
\Yiuchester, county seat, laid out, ii. 
183. 
\Yinchester, Heman, in explor. ex- 
ped., ii, 1 i6. 
"-ind river, discm:sion as to site of 
military post, i. :3i6. . 
'Yinslow, Oeorge, negro, 1. 275; 
quarrel with Cockstock, 282. 
\Yinthrop, anti I;la\-ery lli

, i. 389- 
\Yitncr. John, mnrrler of, 11, 523. 
, "-olcott, , brig., ii. 48, 
'Yoùd, H., with Cattlo co" i. 145. 


INDEX. 


807 


\Yood, C., with Farnham's exped., 
227. 
\\
 ood, J., with Farnham's e:x.ped., 
227. 
\Y ooùlmry, in explor. eX}Jed., ii. li6. 
\Y oodcock, Richarù, Capt. immigra- 
tion 1844, i. 44H. 
\Y oodhu11, Daviù, killed on the 'Ga- 
zelle, 'ii. 340. 
\Y oodman, Calvin, murder of, ii. :?39. øo 
\Y ooùward, Hy. H., in eXJ.>lor. ex- 
pðdt" ii. l;ü. 
\Yoodworth, C., killed on the 
, Gazelle,' ii. 340. 
\Yoodworth, 
elim E., dispatches, i. 
589-90. 
\Y oods, Geo. L., promulgates rep. 
doCtllS, ii. 418; expedt. of, 479; 
attitude, 5:!6; Pre
Ì<rt elector, 667; 
elected gov., 6G8; Or. Cent. R. R" 
()98, mm. 
"... oo<1s, 11 a rgare t )1cBril1e, hiog., i. 628. 
\Vool, clip of 1887, ii. 738, 
\V 001, Gen., commisso on Ind. affairs, 
ii. :i-!4-5; campaign of, 401-2; re- 
moved, 4GO. 
\V.Jollen mills, i, 4Gð; ii. 33ð, 732. 
\Yooten, Serg't, in )Iodoc war, il. 
613. 
\V orth, 1. Q. A., representath-e, 1860, 
ii. 432. 
'V ren, Charles, attacked by lnds, 
68. 
'Y right, Ben, in Ind, c'Xpedt., ii. 240. 
Ind. agent, 391, 3
1:!; death, 394, 
393. 
\Yright, Col Ceo., at The Dalles, ii. 
4üO; expedt. of, 461; in conul. Or. 
<list, 188; removed to Ca1., 490. 
""right, Rob't in Ind. expe,"lt., ü. 
313. 
\Vright, Lt Thoc;; F., in :\rodoc war, 
killed, ii. 6:!0-2; hiog., t.>:!3. 
\Yri:;ley J Ohll B., ',ing. of, ii. 713. 
\Yyeth, K. J., huilll.. Ft Hall, i. 14, 
03; llUild:i Ft \\ïlliam, 13; expedt. 
to Columhia, 59-';0; purpo:o;e ill Or" 
70; meets Parker, 1)), ) 1;); lUeets 
mi8siollaries, 131-2; Or. 1l1
mOll'., 
373. 
\Yygant, ß1rs T., i. 37. 


. 


x 


Xavier, St Francis, naming, 1839, i. 
318. 


y 


Yakima, military post, ii, 460; growth 
of, 757. 



80S 


Yakimas, Oblate fathers among, i. 
328; miss. to, 654; visit com mis- 
sioners, 707-8; desirous of peace, 
709; at council, ii. 361-6; treaty 
with, 366, 
Yamhill, name, i. 72. 
Yamhill co'ty, hist. of, ii. 725, 726. 
Yamhill, district boundary, i. 310. 
Yamhill river, bridge over, ii. 257. 
Yantis, I. L., Presh. minister, ii. 
681. 
Yaquina hay, explored, ii. 203. · 
Yamel, Jeremiah, claim of, ii. 321. 
Yellmv serpent, see Peupeumoxmox. 
Y onccalla, meaning, i. 568-9. 
Young Lay, see l\leriweather bay. . 
Young, Elam, escaped massacre, 1. 
662, . 
Young, Ewing, arrival, i. 70, 89. 
Young, I., del. to convention, 1851, 
ii. 418. 


INDF
. 


Young, Ewing, adventures, 89--90; 
bad report of, 90-1; relation Hud- 
son Bay Co., 91-9; settlers in 
Chehalem val., 92; treatment of 
Inds., 95; leaves, 102-3; cattle 
transactions, 139-51; property of, 
151-2; death, 292-3; estate, 439-40. 
York, J. 'V., Indian mission, i. 55. 
Young, Joaquin a claims property, i. 
151-2. 
Younger, \Vm, attacked by lnds" ii. 
534. 
Y reka, 110docs employed at, ii. 536.9 


z 


Ziebek, John S., surveyor gen" 1836- 
9, ii. 295. 
Zumwalt, Andrew, biog., i. 570. 
Zumwalt, Elizabeth, biog., i. 570. 






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